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state_n	king_n	say_a	treaty_n	1,962	5	9.8566	5	true

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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

Spoils and depradations Maurice Thompson of London Merchant and others upon a private Account set forth several Ships for Trading Voyages to the East Indies upon the same Foundations laid by Sir William Courten The said Thompson having first gotten the Books and Papers of Instructions for that Trade from the Lady Katharine Courten and made Returns of Ten for one upon those Trading Voyages as the said Thompson himself Confessed before Credible Witnesses yet living Afterwards the Usurper Cromwell having setled the East-India Company by a New and Large Charter of Priviledges conformable to Sir William Courtens Grant from the King Which Charter was renewed to the East-India Company since his Majesties Restauration Three of the Companies Ships called the Postillion the Frederick and the Francis and Iohn upon the like Trading Voyages being stopt in their passage in the East India by the Officers and Men of War belonging to the Dutch East-India Company and their Voyage spoiled Upon their Complaint to Cromwell he immediately required by his Embassador at the Hague satisfaction and reparation to be made for the said Loss and Damages sustained which the East-India Company of the Netherlands were enjoyned by the States General upon his Demand forthwith to satisfy and pay at the Price Currant upon a computation of Returns as if they had made their Voyages home from those Parts Farther Prosecutions since the 29th of May 1660. Upon the Kings most Happy Restauration the Complaynants made fresh Applications to his Majesty in Council for Satisfaction of the said Spoils and Damages of the Bona Esperanza and Henry Bona Adventura and after sixteen Months debate between the Dutch Embassadors in England and the Kings Commissioners appointed to Treat with them at White-Hall it was agreed in the Treaty of Peace concluded at Westminster the 14 th of Septemb. 1662. That the said spoils and Damages of the Bona Esperanza and Henry Bona Adventura should be reserved from the general Abolition and extinguishment of all Offences Injuries Losses and Damages whatsoever for satisfaction and reparation to be-composed in an amicable way In pursuance whereof two several Memorials were given in at the Hague to the States General by Sir George Downing Envoy Extraordinary from his Majesty yet nothing could be obtained but impertinent Offers of Commencing Suits at Law against Iacob Pergens and Peter Boudaen at that time Bayl for the said Pergens who had defrauded the Dutch East India Company of 85000 Gilders upon false pretences of Assignments from William Courten of his Interest and Share in the said Ships which he had formerly granted to Sir Paul Pyndar the said East-India Company having intimation thereof After all which fruitless applications and endeavours at a great expence Dr. Exton Judge of the High Court of Admiralty in England by the Kings Command upon the proofs made before him reported the Damages to amount to 151612 l. Then upon the Humble Petition of Francis late Earl of Shrewsbury Sir Iohn Ayton Knight Charles Whitacre and others of the Complaynants on the behalf of themselves and the rest His Majesty with the Advice of the Lords of his Privy Council was gratiously pleased to grant Letters of Reprizal for the said Summ of 151612 l. under the great Seal of England in due form of Law grounded upon several Acts of Parliament and Statutes of this Realm wherein every Subject of England hath an Interest unto Sir Edmund Turner Knight and George Carew Esq their Executors Administrators and Assigns for the Use and Benefit of your Complaynants to continue in full force and effect until the summ of 151612 l. should be recovered with damages or the matter composed between the East-India Company of the Netherlands and your Complaynants concerning whom his Majesty hath declared in his Grant That he was obliged in Justice and Honor to see them satisfyed and repayed And that no Treaty whatsoever between his Majesty and the said States should obstruct the Recovery or Payment thereof by force or a fair agreement the said 151612 l being the only Debt liquidated ratified and confirmed judicially to be satisfyed as is more at large recited in the Letters Patents bearing Date at Westminster the 19 th day of May in the Seventeenth Year of the Reign of King Charles the Second and Inrolled in the High Court of Chancery Actions at Law depending in Holland and Zealand against Iacob Pergens and the Executors of Peter Boudaen and David Goubard at the Suits of the Executors Administrators and Assigns of Sir William Courten Sir Paul Pyndar and William Courten Esq An Action upon the Accompts concerning the Linnen Trade against the Sons and Daughters of Peter Boudaen for 122000 l. An Attachment in the Bank for 12000 Gilders of David Goubards An Action against Jacob Pergens and the Heirs of Sir Jacob Gats for 3000 l. lent by Sir William Courten upon Bond. An Action against the said Jacob Pergens for 5500 l. sterling upon his Covenant for Moneys received in Trust for William Courten Esq Three several Actions against the Heyres and Executors of Peter Boudaen for 4000 l. Legacies given to Sir William Courten James Boeve and William Courten Esq by Sir Peter Courten and John Money These Actions came not under any Consideration whatsoever upon Publick Treaties neither can they fall under the construction of Offences Injuries Damages and Losses arising by Spoils and Depredations upon the Sea for which another proper Remedy is Granted Nevertheless The War having continued between the King and the States General for the space of two years and a half A Treaty was concluded at Breda on the 21 of Iuly 1667. Old Style mentioning that all Offences Injuries Damages and Losses should be extinguished without any notice taken in the said Articles of any compensation to be made to the Complaynants that lay under all the Circumstances aforesaid Iustice denyed in Holland and Zealand IN the Third place your Complaynants do most humbly represent the Injustice done them by the States of Holland and Zealand as followeth viz. Sir William Courten of London Merchant Sir Peter Courten of Middleburgh in Zealand Merchant and Iohn Moncy of London Merchant entred into Partnership in Trade with a Joynt Stock in the year 1606 the moiety of the said Stock belonging to Sir William Courten and to each of the other a fourth part with which they Traded to Italy Spain Portugal the Coast of Barbary and other parts of the World But chiefly carried on a great Stock in the Linnen Trade both from Holland and Flanders during their Lives Besides they yearly employed four or five Ships fitted out of Zealand for Greenland with Biscayners for their Harponeers in the Whale Fishing This Copartnership continued thirty years wherein they made Returns of Two Hundred Thousand pounds Sterling per Annum at least But the Accompts were not liquidated in Fourteen years before the Death of Sir William Courten who took up of your Complaynants divers great Sums of Money upon Exchange and Obligations

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

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

Provided also and be it Enacted That this Act or any Declaration Provisoe Disablement Penalty Forfeiture or other thing before mentioned shall not extend to any Commission Grants Letters Patents or Priviledges heretofore made or hereafter to be made of for or concerning the digging compounding or making of Allom or Allom Mines But that all and every the said Commissions Grants Letter Patents and Priviledges shall be and remain in like force and effect and no other as free from the Declarations Provisoes Penalties and Forfeitures contained in this Act as if this Act had never been made In Hillary Term 9 Carol. prim Edmund Earl of Mulgrave and others levy a Fine to the King and his Heirs and Successors of the Castle and Mannor of Mulgrave and of all the Lands and Tenements in and belonging thereunto formerly granted to the Ancestors of the said Earl by Queen Elizabeth Primo Martij 9 Carol. prim the King being seized in Fee of the said Mannor of Mulgrave with the Allom Mines and Allom Works did by his Deed Indented Demise the same Allom Mines and Allome Works within the said Mannor of Mulgrave to Sir Iohn Gibson Knight Trustee for the Earl of Strafford his Executors and Administrators for 31 years after the expiration of the Lease of 12 years to Sir Paul Pyndar and William Turnor under the yearly Rent of 12500 l. whereof 10860 was to be paid to the King and 1640 l. to the Trustees of the Earl of Mulgrave Then the King 4th of March 9 Carol. prim by his Letters Patents did Grant to the said Edmund Earl of Mulgrave and his Heirs the said Mannor of Mulgrave reserving the Rents for the Allome Works In the year 1640 the Earl of Strafford and Sir Iohn Gibson assign over the remainder of their Lease of 31 years to Sir Paul Pyndar upon a valuable consideration which expired Anno 1668. And the said Allome-Works were accordingly injoyed and the Rents paid and his Majesties Title and Interest to the said Allom-Works never questioned by any Parliament since Allom was first made in England but on the contrary Protected and Strengthned by them until the year 1647. The then Earl of Mulgrave being very powerful in the House of Lords and the Ruling Members of the House of Commons made it his business to destroy the Kings Grant for the sole making and vending of Allom and those Priviledges and Liberties in the Letters Patents under the notion of a Monopoly And consequently made his Addresses by Complaint to both Houses of Parliament whereupon concurrent Votes passed that the said Letters Patents Granted to Sir Iohn Gibson for the sole making and Sale of Allome were Illegal and Void and that the same and all Assignments of them should be called in and cancelled notwithstanding King Iames expended 120000 l. in accomplishing the said Art and Manufacture without any regard to the Provisoe aforesaid Then he also procured an Order in the Lords House 4 th of May 1648. that the said Earl should enter into and upon all the said Allom Works Mines and Houses and should take the profits of them from March 31 1648 by force whereof he entred and took possession of all the Materials Works and the Kings Stock Sir Paul Pyndar being so outed by Votes and Orders without any proceedings at Law or any thing passed into an Act depended upon the Kings Grant and the equity of his Cause having advanced many considerable Sums of money upon that Account into the publick receipt of the Exchequer IT is to be remarqued that Sir Paul Pyndar paid the Rent of 1640 l. yearly to the Earl of Mulgrave and his Trustees to the time of those Votes and Resolves in Parliament notwithstanding the interruption of making Allome during the War and had also paid the Crown Rent of 10860 l. before hand to that time although the soyl of the Land whereupon the Allome-Works were erected and the Mines or Rocks imployed were not worth 40 l. per annum That the Earl of Mulgrave and his Trustes enjoyed the said Works Materials Mines and Rocks and made Allome during the remainder of Sir Paul Pyndars Assignment of Sir John Gibsons Lease out of which in equity Sir Paul Pyndar ought to have been repayed all those sums of money due from the Crown upon that Allom Account according to the Conditions and Covenants by way of allowances and defalcations contained in the Letters Patents to Sir John Gibson and his Assigns which do amount unto the summ of 55301 l. 18 s. 6 d. as by a stated Accompt under the hands of Auditor Bingley and Auditor Beale in the Year 1647 delivered to the Committe of the Revenue appears And the Earl of Mulgrave and Sir John Monson having made 15301 Tun of Allom during Sir Paul Pyndars Lease by which means they raised a very considerable Estate that in Iustice and Equity stands accomptable and chargeable to the Administrators and Assigns of Sir Paul Pyndar for that no Act of Oblivion hath taken away Sir Paul Pyndars Right neither did he forfeit the same It is very observable that neither the Heirs Executors or Administrators of Sir William Courten and Sir Paul Pyndar or either of them have at any time since the Kings Restauration received any kind of Preferments Favors or Advantages from the Crown otherwise than the Letters Patents for the recovery of 151612 l. Sterling from the States General and their Subjects who pretend they have satisfied the King Postscript Several Weighty Considerations upon the Letters Patents for special Reprisals against the States General and their Subjects THE said Patent being grounded upon the Laws of Nations and upon several Acts of Parliament Statutes of this Realm the King was not deceived in his Grant it being consistent with Prerogative and Law to resort unto Letters of Reprisal in times of Peace without any breach of Amity and Alliance where the parties will not give satisfaction And if a particular Debt so established should be Sacrifized for a publick Peace all Circumstances aforesaid considered its most reasonable that the private loss should be recompenced out of the publick Purse and of this there are divers Presidents and Examples otherwise it will revive again Treaties of Peace being mutually and reciprocally binding if either party breaks one link the whole Chain falls to the ground and sets the other party at liberty By the I. and V. Articles of the Treaty Marine concluded at London between the King and the States General on the first day of December 1674. grounded upon the IX Article of the last Peace for a Free and undisturbed enjoyment of Trade and Navigation and to take away all differences by Sea and Land it was agreed That it shall and may be lawful for every of his Majesties Subjects freely and safely to Sail and Trade in all Kjngdoms States and Countries in Peace Amity or Neutrality with the King of Great Britain so that they shall not be hindred or any way molested in their