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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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l. And as Heir and Executor to his Father in the Summ of 146000 l. more unto those Creditors contracted upon Accounts of the Linnen Trade Barbados and East India That several Addresses were made by your Complaynants between the years 1646 and 1660 to the Powers then in being setting forth Sir William Courtens Right and Title to the Barbadoes which were most evidently made out before several Committees of Parliament and other special Commissioners appointed to examine the same as by the Depositions of the first Planters and Servants of Sir William Courten ready to be produced may appear but the many Changes and Revolutions of Government in those days and the Domestick and Forreign Wars obstructed the determination of the said Cause In which Juncture several discontented persons prompted your Complaynants to transfer their Interest and Property in the said Island to some Foreign Prince then Mr. Kendal a chief Agent for the Planters that Claimed only by a bare possession indeavored to get an Act of Parliament to annex the said Island to the Crown of England and was willing to give a Considerable Summ of Money to your Complaynants for their concurrence in the same for the quieting of the Possessions to the said Planters and their Heirs for ever but meeting with some Opposition nothing proceeded farther than meer Proposals That since His Majesties most Happy Restauration your Complainants continued their Claim by several Addresses to the Council Board and the Parliament And the Lord Chancellor Hyde gave for Answer at the Council Board That the Complainants Right should be preserved but that they must have Patience until the Government of the said Island was settled and all matters compos'd between His Majesty and other Neighbouring Princes and States That the Lord Willoughby clayming a Lease of several Plantations in the said Island and the Government thereof under the pretended Title of the said Earl of Carlisle went over present Governor Whereupon your Complaynants rested in expectation of some seasonable time to be relieved upon the whole matter by the Justice of Parliament the Committee for Grievances seldom sitting in any Session of the last long Parliament dissolved in the Year 1678. and now Humbly hope the Cause of the Widdows and the Fatherless may be heard and such Sums of Mony raised out of the said Island in compensation of Sir William Courtens Original Costs Charges and Damages or in lieu thereof such a yearly Quit-Rent out of the Lands of the said Island forever as may be proportionable to the said Costs and Damages Many Families having raised great Estates out of the Ruins of the said Sir William Courten his Right and Property II. East-India Expeditions IN the second place it is Humbly represented That whereas King Charles the first being truly informed in the year 1635. by Captain Iohn Weddal and Nathaniel Mountney Merchants who formerly had been in the East-India Companies Service That since the erection of that Company notwithstanding the manifold Priviledges granted them They neither had so Planted nor Settled Trade in those parts nor Fortified themselves in any places of Strength as might secure and encourage others in Future times to Adventure and Trade thither whereas the Portugeeze and Dutch had Planted and Fortified themselves so considerably That they were likely to establish a Rich and Lasting Trade in those parts of the World for the good of their Posterity and by the advantage of which Improvements they not only rendred the English Subjects Trading there lyable to their Insolencies and frequent Injuries but in a manner had beaten them out of that Trade which usually had employed the Shipping of England and vented great quantities of English Manufactures Whereupon his Majesty gave a special Commission and Charter under the great Seal of England to Sir William Courten Endimion Porter Thomas Kynaston Captain Weddal Mr. Mountney and their Partners and Adventurers with them in the Eleventh Year of His Reign to fit out Ships for Trading Voyages to Traffick with a Joynt Stock in several Goods Moneys and Merchandizes to Goa the parts of Mallabar the Coasts of China and Iapan and divers other parts adjacent in which Joynt Stock Sir Paul Pindar advanced the Summ of 36000 l. at several times In pursuance of this Grant the said Sir William Courten and Company settled several Factories at Maccao Carwarr and other Places on the Coast of India and freighted from thence the good Ships named the Draggon Catharine and William which were as hath been made appear by many Circumstances destroyed Men and Ships by the Dutch homewards bound with Goods to the value of 150000 l. Sterling for which the Lord St. Iohns being sent in the late Troublesom Times in Quality of an Embassador to the States General Demanded Satisfaction at the Hague with Interest for the same That divers others of Courten and Companyes Ships escaping the Danger of the Seas and some Rencounters with the Dutch returned Safely home Afterwards the Ship Bona Esperanza loaden with Goods Monys and Merchandize bound from Goa to Maccao was in a Hostile manner in the year 1643. seized in the Streights of Mallacca by the Men of War belonging to the East India Company of the Netherlands who converted the said Ship and Goods to their own use designedly to spoyl the Trade of Sir William Courten and Partners and destroy their Factories in India In the same Year the said Dutch Company took into their Possession another of Courtens Ships called the Henry bona Adventura with her loading which they also converted to their own use to the Damage of Courten and Company 75000 l. Sterling whereof Proof being made in the High Court of Admiralty The Complaynants made their Addresses to the Lords and Commons in Parliament in the Year 1646. for relief Setting forth the Circumstances of the said spoils and depredacions and that they were done in time of Peace contrary to the Laws of common Amity and Alliance between both Nations and that the Dutch East India Company had refused to make Satisfaction and Reparation of the Damage Whereupon a War followed in the nature of General Reprize between the Commons of England and the States General which continued for several years till at last Oliver Cromwel having Usurped the Government made a sudden and disadvantagious Peace for his own present Security with the said States in the Year 1654. taking only 84000 l. for the Spoils and Barbarous Murthers committed by the Officers and Ministers of the Dutch East India Company at Amboyna referring the satisfaction for the loss and value of the said two Ships Bona Esperanza and Henry bona Adventura to the Arbitrament of the Protestant Cantons of Switzerland who were not only to compose that difference of the said two Ships but all other Spoils and Dammages that the Dutch had committed upon the English ever since the Year 1611. But the said Cantons refusing to undertake or meddle therein all things remained in statu quo Soon after the said
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