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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 William Courten had nothing in him to grant to Iacob Pergens after the Bills of Sale to Littleton and Pindar which made them absolute Proprietors by the Law of England Only there was a possibility left in Courten call them to Accompt after their debt should be paid which opinions were also confirmed by Sir G●●●s S●●●t Sir William Turner Sir Walter Walker
confiscated The claymours However pretending their voyages were spoyled by bringing in their Shipps under those Letters of reprisall which discouraged their trade they obtained a Proclamation to suspend the Execution of the letters pattents pro tempore and likewise an order of the Councel-table dated at Mithtehall the 10. of August 1666. old stille signed by severall Lords of the Councell to gratifie the Spanish Agents and their confedrates Whereby M. r Car●w was committed to the prison called the fleet notwithstanding he offered to give sufficient bayle in any Court of Judicature to Answ●re any pretence whatsoever the claymours had against him which was denied and M. r Carew forced to remayne a prisoner untill the most dreadfull fyer in London had consumed all the houses about him But stopt at his owne dwelling house in the Parish of St. Andrews Holborne where his severall tenements adjacent escaped those flames that perished his next neighbours houses And it is very Remark-a●●● That the Pensionaris John de Witt● M. r Carews grand adversary concerning the Letters of Reprisall was Massacred at the Hague on the 10. of August 16-2 old still where Mr. Carew was then a prisoner and by treating those burgers with wine and brandy in his owne defence contributed much towards John de Witt●s distruction Nisew mens Hominum fats sortisque Captaine Tyrence Byrne in persuance of the sayd Letters pattents for Reprisall being fitted out with a small frigat by Mr. Ionathan Frest the owner seized a fly boate nere Portland bay about the month of Ju●● 1666. laden with French Wine and salt bound from France for Holland which Shipp being brought into Poole and from thence to Chichester the Capt sent to Mr. Suckley his owne proctor for a Comission out of the Admiralty Court to examine the Master and the Marriners of the prize which was directed to the Magistrates and a publique Notary in Chichester who found upon the Examinations that the Shipp was dutch built the goods Consigned to Dutch men and the Marriners to be Hollanders borne and inhabitans there Yett upon returne of the sayd Comission Mr. Peter G●rrard and afterwards Mr. Peter Victorine claymed the sayd Shipp and goods pretending they belonged to Mr. Michaell vander Planeken Andreas vande Bogard and Mr. John Neitz of Brugis in Flanders under the Notion of the Shipp Godelieve belonging to that Citty Then Sir Lyonell Jenkins Judge of the Admiralty Court decreed that there was good cause of seizure and ordered that the claymours might have the Shipp and goods forthwith restored upon bayle to abide the sentence of the Court upon hearing the cause which the Captors consented unto but the claymours refused it having brought their Action at Law against Captaine Byrne and arrested him by writt out of the Admiralty Court in 1000. pound damages upon pretence of a false seizure breaking bulke and making sale of some salt at Poole to buy provisions for the men Whereupon the Captaine gave sufficient bayle to Answere the claymours who reglected to give caution and take away the Shipp and goods which were left with the Vice-Admirall at Chichester for that purpose Sone after the Captaine and his suerties that were bayle for him moved for a prohibition but Sir John Keeling then Lord Cheife Justice of England refused an allowance thereof notwithstanding by the knowne and established Laws of the realme such matters of fact alleadged to be committed within his Majesties Ports were to be tryed in his Majesties Courts of record by Juries and not to be brought into any Arbitrary way before incompetent Judges Afterwards the claymors upon new attestations from the same Marriners and some pretended certificates sent out of Flanders mentioning that the Shipp and goods belonged to the Subjects of the King of Spaine which ought to have been certified by Commissioners appointed out of the same Court whereby the persons might have bin interogated yett a restitution was thereupon decreed by the Judge of the Admiralty and likewise confirmed by the Lords Comissioners for prizes soe that the Shipp and goods were actually delivered by the Vice-Admirall to the claymors accordingly and 150. Pound Sterling was left to be payd in Chichester that the Master and the Marriners of the prize had expended for which Captaine Byrne and Frost were ingaged and afterwards sued Nevertheless Sir Walter Walker and Mr. Franklinn then advised the Claymors without any discontinuance of their former Action against Capt Byrne to exhibite Articles in the Admiralty Court joyntly against Sir Edmond Turnor Mr. Carew Captaine Byrne and Mr. Frost wherein they were charged with trespasses and spoyles for goods imbeazilled and plundered by their owne men And from thence a sentence was drawne against them for 1800. pound damages which was pronounced by Sir Lyonell Jenkins in favour of the claymors who insisted that the sayd damages cheifely arrised by leakage and avarage and soe would make double the profitt of their voyage by the seizure more then if they had escaped Captaine Byrne From which sentence the Captaine and Mr. Frost appealed to the ordinary deligates but Sir Edmond Turnor and Mr. Carew appealed specially unto Sir Orlando Bridgman then Lord Keeper of the great Seale of England and prayed that some judges of the Common Law might be appointed as adjuncts to consider of the Nullity of the sayd sentence which Sir Walter Walker and Mr. Franklinn most vexatiously opposed by a Request and insisted that Sir Edmond Turner and Mr. Carew might be ordered to give bayle to abide the sentence of the Judges deligates or that their Appeale might be rejected which Sir Orlando Bridgman irregulary appointed Although noe caution was given by them Prima instantia neither were S● Edmond Turnor or Mr. Carew at any time summoned or arrested in the sayd cause or ever made any defence or were concerned therein Yett the sayd Sir Walter Walker and Mr. Franklinn forced the sayd Sir Edmond Turnor Mr. Car●w to give extraordinary caution to avoyde that impertinent sentence which they threatned should be executed upon their persons And which still depends before the Judges deligates adjuncts And ought to be declared null and voyde to all intents and purpoposes against Sir Edmond Turner and Mr. Carew admitting Captaine Byrne and Mr. Frest were guilty of any thing layd to their charge And if the Subjects of England should not be admitted to appeales and revisions in such cases they would be rendred in a worse Condition then any slaues in Spaine or Turkey As it is against the Law both divine and Civill that one person should be punished for the offence of another soe it is as unreasonble that the claymors should take any advantage against Captaine Byrne and Mr. Frest of their owne willfull reglect or to seeke after treble the value of all the goods that they cost in France when there was good cause of seizure which made them lyable to the charge and expences of bringing up the Shipp and making inquiry after the
and Sir Timothy Baldwyn Doctors of the Civill Laws and delivered to Mr. Peter van Dam the Advocate of the East-India Company Then John de Wit offered 30000. Pound sterling upon Accompt of all the Proprietors and persons interessed reserving the Civill right of Action against Iacob Pergens and Peter Boudaen for the 85000. gilders paid upon their caution as aforesaid which offer was not satisfactory so the Generall dispute remayned also in stato quo Afterwards Sir George Downing did by his last Memoriall upon that Subject dated the 14. of October 1664. give the States Generall a peremptory day to cleare that business intimating therein how ill the King resented it to be so slighted and that His Majestie would not prostitute his Honour any further but Governe himselfe accordingly yet all proved ineffectuall Then the Proprietors with others addressed themselves with a list of damages to the House of Commons in Parliament The Bona E●peranza and Hen●ry Bonadventura being placed in the front of all demands whereupon the Comons voted to assist his Majestie with their lives and fortunes in acquiring satisfaction and reparation And soone after a declaration for Generall Reprisalls was ordered by the King and Councill against the States Generall and their Subjects And severall millions of Pounds Sterling were granted to his Majestie in Parliament for the prosecution thereof In the year following The Earle of Shrewsbur● Sir Iohan Wolstenholme Sir Iohn Ayton George Carew and William L●●yd Esquires and others Interessed made application to his Majestie by petition for Especiall Letters of Reprisall to remaine in force against the States Generall and their Subjects untill the Orig●nall losse and damages concerning the Bona Esperanza and Henery Bonadventura should be reprised which was referred to the Judge of the Admirallity and his Majesties Advocates Generall and severall other Doctors of the Civill Law to Examine the whole matter and to report their opinion what was fitt for His Majestie to doe further for his Subjects releife in that Case After severall Consulations and debates had betweene the said referees concerning the premises Doctor Exton then Judge of the Admirallity Court Sir Robert Wiseman Sir William Turner and Sir Timothy Baldwyn made their report to his Majestie that in this case of spoyles there was no remedie left but Especiall Reprisalls to continue in force against the States Generall and their Subjects untill the debt and damages which they sound upon the proo●es to arrise unto the summ of 151● 12. pound sterling should be recovered with Costs or a Composition made for the same betweene the East-India Company of the Netherlands and the parties interessed whereof the said Company were obliged by the Law of Nations to take notice thereof In persuance thereof Letters Patents under the Great Seale of England dated the 19. of May 1665. were granted unto Sir Edmond Turnor and Mr. George Carew Administrator of Sir Paul Pindar their Executors Administrators and Assignes on behalfe of themselves and all the Interessed to continue in force accordingly With this Especiall clause and Provisoe therein contained that notwithstanding it should happen that a p●ace and agreement should be made betweene His Majestie and the States Generall for the Generall Reprisalls Yet is should be lawfull for the said Turnor and Carew and their Executors and A●●gn●s to putt the said Letters Patents in Execution for Especiall Reprisalls from time to time untill they had recovered the said debt of 151612. pounds with all 〈…〉 Charges or that the East-India Company of the Netherlands should Compound with the Proprietors and other persons Interessed in the same In the year 1666. Mr. Iames Boevé delivered a Copie of the said Letters Pattents to Mr. Peter van Dam at the East-India Chamber at Amsterdam and requested him to move the said Company to compose the said debt and damages in an Amicable way rather then to leave it in dispute from Generation to Generation to the prejudice of the States Generall and their Subjects In the year 1667. during the Treaty at Breda the States Generall having surprized the Kings Shipps at Chattam severall of the Proprietors friends in the Hague moved the Pentionaris Iohn de Wit to incite the States of Holland and the East-India Company to give some Honourable satisfaction for the Shipps Bona Esperanza and Henery Bonadventura which had bin so solemnely debated in former Treaties being more for the Interest of their Country then to insist upon such scandulous Articles as they had framed and sent to Breda concerning the said dammages which could not extinguish the debt or make void the Letters Patents to Turnor and Carew any more then to disannull the 35. Article of the States Patent to the East-India Company of the Netherlands whereby they make peace and warr with all Princes and States whatsoever at their pleasure from the Cape Bona Esperanza to the Streights of Magelanus Yet Iohn de Wit and his Complices persisted in their projects and would not hearken to any other advice In the year 16-1 the States Generall having made severall Breaches of the Treaty at Breda and denyed Common Justice to his Majesties Subjects in their ordinary Courts of Judicature in Holland and Zeland severall of the Proprietors and Interessed Persons in the sa●d debt and damages made fresh applications to his Majest●e by petition and prayed that his Majestie would please to insist upon reparation and satisfaction in an Extraordinary way according to the merits of their causes and Especially for the debt of 151612 pound ascertained under the Great Seale of England as afore●●●d wh●ch said petition was by order of Councell referred to the Lords C●mmissioners of the Treasury and the two principall Secretaries of State who made a report to His Majestie That the States Generall 〈…〉 bin refractory in severall Articles of the Treaty at Breda his Maj●st● and his Subjects were at libertie both in Justice and Equity to require full satisfaction and reparation in Mr. Courtens Case notwithstanding the said Treaty at Breda In persuance thereof his Majestie was gratiously pleased on the 7. of July 1672. to recommend the debt of 151612. pound with dammages by his Letter under his signe Manuall sent by the said George Carew to his Grace George Duke of Buckingham and the Right Honourable Henery Earle of Arlington his Majesties Plenipotentiaries and Embassadours Extraordinary to the French King and the States Generall then upon a Treaty at Uytrecht requiring the said Plenipotentiaries to insist upon satisfaction accordingly declaring therein his care to protect his Subjects in their Just rights as well as to assist them in the recovery