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B08629 The case briefly stated between the East-India Company of the United Netherlands and the assigns of William Courten with some queries resolved upon the case. 1680 (1680) Wing C860A; ESTC R173427 2,892 2

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The CASE briefly stated between the East-India Company of the United Netherlands and the Assigns of William Courten with some Queries resolved upon the Case WIlliam Courten of London Merchant May 12. 1641. being interested in the two Ships named the Henry B●●a Adventure and Bona Esperanza sets them forth inter alia to Sea for trading Voyages in the East-Indies William Courten being 〈◊〉 bred to several persons for 100000 l. Apr. 26. 1642. and upwards and Sir Edward Littleton being bound with him for the said Debts W. Courten grants all his Interest Stock Freight and Merchandizes in the said Ships inter alia to Sir Edward Littleton for the Consideration of 20 s. and to indempnifie him from the said Debts Provided that if William Courten or his Executors pay the said Debts within 27 months and fave Sir Edward Littleton harmless then the Grant to be void William Courten and Sir Edward Littleton by Indenture tripartite Dec. 19 1642. reciting the first Deed and a great debt of 24000 l. due to Sir Paul Pindar for a further security of that debt grants to Sir Paul Pindar his Executors and Assigns all the said Ships Stock Merchandize and their whole Interest therein with the policies of Assurance under divers agreements the effect whereof is that Sir Paul Pindar should have satisfaction by several proportions out of each Ship and the residue to be to Sir Edward Littleton for the purposes in the said Indenture by all which it appears that Sir Paul Pindar was not to have more then satisfaction of his Debt but after that should be satisfied in fuch manner as is expressed in the said Indenture the benefit of the Surplus was to be for Sir Edward Littleton and William Courten The Debts for which Sir Edward Littleton was bound are not discharged within the 27 months nor yet are discharged to this time Anno 1663. The Ship Bona Esperanz●● and her L●ding is surprized in her Voyage by the Agent Anno 〈◊〉 and Ministers of the East-India Company of the Netherlands and the Bona Adventure taken into their possession to the damage of the Proprietors 85000 l. sterl as appears by the proofs taken in the Court of Admiralty besides the damnum emergens by loss of their Trade William Courten makes a Letter of Atturney to Jacob Pergens of Amsterdam Oct. 26. 1645. to sue the East-India Company for the said Ships and Goods to the use of Courten Sir Paul Pindar makes a Letter of Atturney to Jonas Abeeles of Amsterdam Feb. 11. 1647. to sue the said Company for the Ships and Goods to the use of Pindar and sent over his Indenture tripartite setting forth the assurance and condition of the Grant at large William Courten having absented himself from England Feb. 22. 1648. did in Holland make a pretended Bargain and transport of the said Ships and Goods to Jacob Pergens Jonas Abeeles intimated his Claim in writing May 25. 1648. and sent it by a publick Notary to the Directors of the East-India Company setting forth his Procuration from Sir Paul Pindar and the Grant to him from Courten and Littleton as aforesaid protesting that if they made any agreement with Pergens it should be of no effect and that they should pay the money again to him in right of Sir Paul Pindar Jonas Abeeles caused to be arrested in the hands of the East-India Company Nov. 13. 1648. all the money and total summe which should by liquidation and agreement to be made with the said Courten for the said Ships and Goods and the Escheevens in Court declared the 〈◊〉 to be v●d Notwithstanding the said Intimation protest and Arrest Sept. 18. 1649. the Directors of the East-India Company alledging the King of England was dead made an agreement with the said Jacob Pergens and one David Goubart for 85000 Gilders for the Ships Goods and Dammages aforesaid which was paid accordingly upon caution given by the faid Jacob Pergens and Peter Boudan Courten to indempnifie the said Company against ●indar and others Jonas Abeeles brought an Action Before the Escheevens in Amsterdam Febr. 17. 1650. against the Directors of the East-India Company for the said 85000 Gilders with Interest for the same untill effectual payment thereof to him for the use of Pindar The Directors of the East-India Company summoned Jacob Pergens and Peter Boudan Courten before the said Escheevens Sept 13. 1652. to indempnifie them from all after Claims of money and to free them from all Costs and Damages of Sir Paul Pindar and others Sir Paul Pindar dyed Anno 1652. and soon after Jonas Abeeles dyed so the business rested untill the Kings most happy restauration into England Upon his Majesties Letters to the States General Anno 1662. requiring satisfaction and reparation to be given to the partie● interested and injured after many debates between Sir George Downing Knight and Barone● ●us Majesties Envoy Extraordinary and the Deputies of the States General for English Affairs the Damages of the two Ships were excepted in the 15. Article of the Treaty made the 4th of September 1662. from the general abolition of Injuries and Da●●●es in these words Hoc excepto quod scilicet qui se jacturam passos dicant in duab● 〈…〉 viz. Bona Ad●●●●a● 〈◊〉 Esperanza poterunt litem inceptam prose 〈◊〉 Which was to be 〈◊〉 the way Sir George Downing had begun by the Kings Orders and Commands Sir George Downing in pursuance of his Majesties further Orders An. 1663. 1664. made several fresh Addresses to the States General for satisfaction of the said Damages and that they would Order the East-India Company to liquidate the Accounts and make restitution accordingly During the said dispute and controversie the Advocates of the East-India Company made these two Objections First That the Grants to Sir Edward Littleton and Sir Paul Pindar were not good and effectual in Law being only a Security and that movables could not be transferred by Deed without the possession given Secondly That the Assignment from Courten to Pergens was valid and the Composition made by him with the East-India Company good and effectual against Littleton and Pindar And desired to see the Opinions and Resolution of the most able Lawyers in England under their Hands as to those Points which was returned into Holland subscribed by Sir John Glynn Sir John Maynard and Sir Edward Turnor Speaker in Parliament giving their Reasons of the Law in the Case at large affirming That the Grant to Sir Paul Pindar was good and consequently that to Jacob Pergens void asserting 〈…〉 Amsterdam for that the possession by the Law of England goeth with the property and where the right or property is there by the Law is the possession unless some other person obtain actual possession as a Trespasser Yet all proved ineffectual and to no purpose Then the King by his Letters Patents under the Great Seal of England Anno 1665. reciting the substance of all the proceedings with the Debt stated by the Judge of the High Court of Admiralty amounting to 151612 l. and in whom the Property was vested gave Commission and Authority to Sir Edmund Turnor Knight and George Carew Esq to equipp and set forth Ships and Pinnaces to Sea to seise and apprehend the Ships Goods and Merchandizes of the Subjects of the States General to be of force untill they should have reprized the said Debt Damages and Charges to the use of themselves and the rest of the persons interested in the same That after vast expences in setting forth Ships to reprize the said Damages and before any thing considerable was gotten towards the charge of equipping the said Private Men of War the Dutch during the Treaty at Breda made several Attaques upon his Majesties Ships at Chatham and other Ports and procured these Articles following inter alia to be agreed upon in the said Tre … 〈…〉 Scotland France and Ireland and the States General of the United Netherlands concluded at Breda July ●● ●● 1667. Artic. 3. Also That all Offences Injuries Damages Losses which his said Majesty and his Subjects or the foresaid States General and their Subjects have on either side sustained during this War or at any time whatsoever heretofore upon what Cause or Pretence soever be buried in Oblivion and totally expunged out of Remembrance as if no such things had ever past