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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

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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