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state_n	according_a	king_n	prince_n	1,157	5	5.1377	4	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

in Holland and Zealand by a Publick Notary who delivered Copies thereof to the chief persons concerned reciting the Substance of all the proceedings with a praecaution to the Directors of the East-India Company concerning the Patacoones and to the States of Holland concerning their Letters to the Ordinary Courts of Judicature prohibiting any Justice to be done upon the Actions depending upon Obligations Covenants and matters of account in Trade protesting for all Damages aleady sustained or that should be sustained by reason thereof Afterwards the Complaynants Addressed themselves by their Humble Petitions to his Majesty and the Lords of his most Honourable Privy Council praying that the 151612 l. so ascertained under the Great Seal of England might either be payed out of the said Pattacones Or otherwise that the Complaynants might be at liberty to reprize the said Debt and Damages by force of their Grant remaining upon Record and as to the Civil Actions depending in Holland and Zealand upon Obligations Covenants and Merchants Accompts whereupon Justice was positively denied that satisfaction and reparation might be requir'd of Monsieur Van Beuninghen then Ambassador Extraordinary from the States General or that Commissioners might be appointed to determine the same Whereupon two several Orders were made on the 23. of July 1677. that all parties concerned should be heard at the Council Table on the 10th of October following to which purpose the Complaynants attended with their Council and Advocates from time to time but could not obtain any hearing thereof or receive any satisfaction or reparation to this day in the Premises either at home or abroad Loanes and Supplies for the Service of the Crown IN the fourth and last place your Complaynants do Humbly take leave to represent and offer to your Consideration That Sir Paul Pindar most faithfully served King Iames and the Honorable Turky Company for the space of Eleven Years together at Constantinople in the quality of an Embassador where he much improved the English Woollen Manufactures and the Levant Trade And at his return into England set up the Allome Works in York-shire and other Counties wherein he employed many Hundreds of poor People out of which improvement a certain Revenue of Ten Thousand pounds per Annum did accrew to the Crown and as much more to the Stock of the Kingdom by importation of ready Money and Staple Goods for Allome exported which Allome Works are now of little or no Advantage to the Crown or Kingdom That Sir Paul Pindar in the years 1638 and 1639 having lent and advanced of his own Estate and of Moneys taken up upon his Credit Eighty five Thousand pounds to Furnish the Crown with Jewels and to supply the Queen of Bohemia and her Children in their Wants and Necessities as also for Supplies of Foreign Embassadors and other Services in his Majesties Domestick affairs The late King Charles was Gratiously pleased to Assign for the Security and Repayment of the said Moneys with usual Interest part of the Revenue arising by Fines and Compositions upon Recusants Estates in the Northern Counties under the Collection of Thomas Viscount Wentworth And also other Moneys payable out of divers branches of the Revenue as by Tallies struck upon the same and the several Assignments under the Great Seal of England appears which Payments were diverted in the late Troubles before any considerable part of the said Debt was paid that still remains a Charge upon the Crown to the value of Fifty Thousand pounds and upwards That the said several Assignments under the Great Seal of England and all Writings concerning the same and all Summs of Money whatsoever payable from the Crown upon the said Assignments being Granted Transferred and Assigned to Richard Powel of the Inner Temple Esq and Nathaniel Hill of London Gent. their Executors Administrators and Assigns in Trust for the Use and Benefit of themselves and all the rest of the Persons interessed according to their several and respective Debts and Demands They lately exhibited their Humble Petition to his Majesty setting forth the State of their Debt and for other reasons contained in their Petition more especially for that Sir Paul Pindar for the Preservation of the Royal Family and transportation of his now Majesty when he was Prince of Wales in the time of the late Troubles had Voluntarily supplyed the late King with Moneys to a considerable value in Gold which Loyalty and Care his Majesty hath lately owned for a most acceptable Service Humbly prayed That his Majesty would be gratiously pleased to grant them Satisfaction for their said Debt out of the Fines and Compositions payable by Recusants vested in the Crown by several Acts of Parliament Whereupon His Majesty was Graciously pleased to refer the Consideration of the said Petition to the Right Honorable the Lords Commissioners of the Treasury to Report their Opinions upon the same what was fit for his Majesty to do therein for the Petioners relief and then His Majesty would declare His further Pleasure Whereupon the Petitioners attended several days at the Treasury Chamber to be Heard and being once called in their Lordships informed the Petitioners that the then Parliament intended to appropriate the said Revenue and that it was proper for the Petitioners to apply themselves to the Parliament and that the Petitioners might have a Report from their Lordships at any time when they thou ght it Convenient The Complaynants therefore Humbly hope That if this Parliament enter upon the Consideration of appropriating that Revenue they may be secured their Just Debt by a Proviso in any Bill that shall Pass to that effect They having already made a great Retrospect into that Revenue and are willing at their own Charge and Expences to make a perfect return into the Exchequer of all the Papists in every County throughout England and Wales with the true value of their Estates which will bring in a considerable yearly Revenue to the Crown and be a great Satisfaction and Safety both to the Parliament and the whole Kingdom A Brief State of the Allome-Works BEfore Allome was made in England the Kingdom was served with Romish Allom being the Popes Commodity whereof he made a large Revenue it being sold here for 50 and 60 l. per Tun and sometimes more To gain this Manufacture King Iames undertook the management and perfected the said Work at a vast Charge whereupon Sir Paul Pyndar and William Turnor took a Lease of the said Allome-Works for 12 years paying the yearly Rent of 11000 l. to the King for the sole making and vending of Allome it being the Kings Manufacture by Purchase whereby many hundreds of poor Families were maintained to the great increase of Shipping and Marriners the saving of much Treasure within the Realm and his Majesties Kingdoms served with their own Native Commodity This great Work was so acceptable to the Kingdom that in the Statute against Monopolies 22 Iacobi The Parliament amongst other Grants made this Provisoe following

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

Pinaces by force of Arms to set upon take and apprehend any of the Ships Goods Moneys and Merchandizes of the said States General or any of their Subjects inhabiting within any their Dominions or Teritories wheresoever the same shall be found and not in any Port or Harbour in England or Ireland unless it be the Ships and Goods of the Parties that did the wrong And the said Ships Goods Moneys and Merchandizes 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 Iudgement shall be given in Our Court of Admiralty by the Iudge or Iudges thereof for the time being upon proofs made before him or them that the said Ships Goods Wares Merchandizes or Money did belong to the States General or any 〈…〉 and George Carew their Executors Administrators and Assigns as aforesaid to retain and keep in their or any of their Possessions and to make fale and dispose thereof in open Market or howsoever else to their and every of their best Advantage and Benefit in as ample manner as at any time heretofore hath béen accustomed by way of Reprisal and to have and in joy the same as lawful prize and as their own proper Goods so that neither Captain Master nor any of the Company that shall serve in his own Person or shall promote and advance the said enterprize in manner and form aforesaid shall in any manner of wise be reputed or challenged for any Offendor against any of Our Laws And that also it shall be lawful for all manner of persons as well Our Subjects as any other to buy the said Ships Goods and Merchandizes so taken and apprehended by the said Captains Masters and others and adjudged as aforesaid without any damage loss hinderance trouble or molestation or incumbrance to befal the said Buyers or any of them in as ample and lawful manner as if the Ships Goods Wares and Merchandize had been come and gotten by the lawful Traffique of Merchants or of just prizes in the time of open War Provided always that all Ships Goods and Merchandizes taken by virtue of this Our Comission shall be kept in safety and no part of them wasted spoiled or diminished or the Bulk thereof broken until Iudgement have first past as aforesaid That they are the Ships and Merchandizes of the States General or some of their Subjects aforesaid And if by colour of this our Comission there shall be taken any Ships Goods or Merchandizes of any of our loving Subjects or the Subjects of any Prince or State in good League or Amity with us except the States General or their Subjects as aforesaid and the Goods therein laden sold imbezelled or diminished or the bulk thereof broken in any place before they shall be adjudged to belong to the States General or some of their Subjects as aforesaid That then this Commission shall be of no sufficient Authority to take the said Ships Goods Merchandizes or to warrant or save harmless such as shall receive buy or intermeddle therein but that the prizes so taken and the said Ship of War shall be confiscated to Our use 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 until the said Sir Edward Turnor and George Carew their Executors Administrators and Assignes as aforesaid shall by vertue thereof have by torce of Arms apprehended taken seised recovered and received from the said States General or their Subjects one hundred fifty one thousand six hundred and twelve pounds according to the appraisement to be made by sufficient Appraisers upon Oath nominated and authorised in Our said Court of Admiralty of all such Ships Goods Wares and Merchandizes as shall be taken from the said States General or any of their Subjects by vertue of this Commission or shall otherwise receive satisfaction of the Debt aforesaid by Composition to be made between those of the East-India Company of the Netherlands and the said Sir Edward Turnor and George Carew their Executors Administrators and Assignes as aforesaid Notwithstanding it so happen the present difference between Us and the States General depending upon general Reprisals may be agreed and composed and that in the interim a Peace and good Correspond may be renewed between Us and the said States General In which case nevertheless it is Our will and pleasure that in the execution of this Our Commission no violence shall be done to the Persons of the said Subjects of the said States General but only in case of resistance and that after in cold blood the Subjects of the said States General if hurt or wounded shall be used with all convenient office of humanity and kindness And Further Our will and pleasure is that although it shall happen that all hostility between Us and the States Generall and Our respective Subjects shall cease yet 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 as aforesaid by vertue thereof to apprehend take and seize by force and Arms so many more of the said Ships and Goods of the States General or any of their said Subjects as besides the said sum before mentioned shall countervail satisfie and pay all such Costs and Charges as the said Sir Edward Turnor and George Carew their Executors Administrators or Assigns as aforesaid shall from time to time make proof to have disbursed and paid towards the equipping manning paying furnishing and victualling of the said Ships so licensed and Authorised as aforesaid by this Our said Commission to be equipped manned furnished and victualled by the said Sir Edward Turnor and George Carew their Executors Administrators and Assigns as aforesaid for the purpose aforesaid And Our Will and pleasure is and We do hereby require Our Iudge or Iudges of Our High Court of Admiralty for the time being and all other Officers of the Admiralty and all other Our Iudge or Iudges Officers Ministers and Subjects whatsoever to be aiding and assisting to the said Sir Edward Turnor and George Carew their Executors Administrators Assigns as aforesaid in all points in the due Execution of this Our Royal Commission and to proceed to adjudication and adjudge all Ships Merchandizes Monies and Goods by vertue hereof to be taken according to our Princely intention hereby signified and expressed and to take care that this Our Royal Comission be duely executed and favourably interpreted and construed in all respects to the benefit and best advantage of the said Sir Edward Turner and George Carew their Executors Administrators and Assignes as aforesaid In Witness whereof We have caused these Our Letters to be made Patents Witness Our self at Westminster the 19. day of May in the 17. Year of Our Reign Per ipsum Regem

Navigation and Trade by any Military Forces nor by the Ships of War or Vessels whatsoever belonging to the States General or their Subjects and being entred into any Road or Port under the Obedience of the said States towards their Voyage they shall not be obliged to pay any Toll or Custom only shew their Passports to what places they are bound and from whence they came Notwithstanding all this some of the Complaynants have been stopt by a Man of War near Lillo by the Military Forces of the States upon that Ancient and Navigable Stream the Scheld since the said Treaty and their Voyage from England to Antwerp spoiled contrary to the said Treaty Marine and to the Ancient Treaty with the Dukes of Burgundy whereas the States General themselves do claim their freedom of Fishing upon the English Coast under the XIV Article of the same Treaty concluded between Henry the 7th and Philip Duke of Burgundy in these Words Poterunt ubique ire Navigare per mare secure piscari absque aliquo impedemento licentia sen salvo conducto c. And why the Freedom of Trade shall not be open for English men from London to Antwerp as for Hollanders from Amsterdam to Hull or Bristoll but be forced to unlade their Goods and lade them again at Flushing or Rotterdam and from thence to Antwerp to the Damage of his Majesties Subjects 200000 l. per annum is a question fit for the Parliament to resolve And why the Hollanders and Zealanders are suffered to keep those two small Islands called Stacia and Sabia near St. Christophers purposely to take in Goods there from the English Plantations and Transport them into their own Provinces without touching in England contrary to the Act of Navigation is a National Concern fit for the Parliaments Inspection and Reformation FINIS A Copy of Letters Patents for Especial Reprisals from the King of Great Britain under the Great Seal of England against the States General and their Subjects Inrolled in the High Court of Chancery CHARLES the second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To all Christian People to whom these presents shall come Greeting Whereas our loving Subject William Courten Esq 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 betwéen Goa and Maccao in the Streights of Malacca deprived and most injuriously spoiled of a Ship named the Bona Esperanza and of her Tackle Apparel and Furniture and all the Goods and Lading in her upon a very hopeful Trading Voyage to China which were carried to Batavia and there all de facto without due Process of Law confiscated And that also in the same Year another Ship of our said Subject called the Henry Bonadventure being come on ground near 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 detained from the right Owners And whereas the said William Courten and his Assigns in his life time used all possible endeavours to recover the said Ships and Goods and to procure further Iustice against the Malefactors and yet could obtain no Restitution or Satisfaction whereby they became to be much distressed and utterly undone in their Estate and Credit And that thereupon and upon the most humble supplication and Addresses of Francis Carl of Shrewsbury and William Courten Esq Grand-child and Heir of the said Sir William deceased Sir John Ayton and Sir Edmond Turnor Knights George Carew and Charles Whitaker Esqs on the behalf of themselves and divers others Interested in the said two Ships Bona Esperanza and Henry Bonadventure and in the Estates of the said Sir William Courten deceased Sir Edward Littleton Baron and Sir Paul Pyndar knight deceased that We would take their Case into Our Princely Consideration We out of a just Sense We then had and still have of their unjust sufferings in that business both by Our own Letters under Our Sign Manual to the States General of the United Provinces and by Sir George Downing Knight and Baron Our Envoy Extraordinary to whom We gave special Command so to do required satisfaction to be made according to the rules of Iustice and the Amity and good correspondence which We then desired to conserve with them firm and inviolable And Whereas after several Addresses made to the said States General by Our said Envoy and nothing granted effectual for Relief of our said Subjects whom We take Our selves in Honour and Iustice concerned to be satisfied and repaid We lately commanded the said Sir George Downing to intimate and signifie to the said States that We expected their final Answer concerning satisfaction to be made for the said Ships and Goods by a time then prefixed and since elapsed that We might so govern Our selves thereupon that Our aforesaid Subjects might be relieved according to Right and Iustice And yet no satisfactory Answer hath been given so that We cannot but apprehend it to be not only a fruitless endeavour but a prostituting of Our Honour and Dignity to make further Application after so many denyals and flightings And Whereas John Exton Doctor of Laws Iudge of our High Admiralcy Court of England upon Our Command to certify to Us the value of the Losses and Dammages sustained by the said William Courten and Partners whose Interest is now vested in Our Loving Subjects Sir Edmond Turnor Knight and George Carew Esq and Partners hath upon full Examination and Proofs thereof made by Witnesses in Our High Court of Admiralty reported and certified under his Hand that the same do amount to the sum of One Hundred Fifty One Thousand Six Hundred and Twelve Pounds Now Know Ye That for a full restitution to be made to them for their Ships Goods and Merchandizes of which the said William Courten and the Assigns of the said William Courten and Partners were so despailed 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 Council have thought fit and by these presents do grant Licence and Authority under our great Seal of England unto Our said Subjects Sir Edmond Turnor and George Carew their Executors Administrators and Assigns for and on the behalf of themselves and other Persons interessed as aforesaid to equipp victual furnish and to set to Sea from time to time such and so many Ships and Pinaces as they shall think fit Provided always that there be an entry made and recorded in the Admiralty Court of the Names of all Ships and Uessels and of their Burthen and Ammunition and for how long time they are victualled And also of the Name of the Commander thereof before the same or any of them be set forth to Sea And with the said Ships and