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 Iapan, and divers other parts of Asia, Europe, Africa and America: Faithfully represented to both Houses of Parliament.
Reduced under four Principal Heads, viz.
- I. The Discovery and Plantation of Barbadoes.
- II. Their Vndertakings, and Expeditions to the East-India, China and Japan.
- III. The Denyal of Iustice upon their civil Actions depending in Holland and Zealand.
- IV. Their Loanes and Supplyes for the Service of the Crown, upon the Collection of Fines and Compositions out of the Popish Recusants Estates, &c.
Recollected out of the Original Writings and Records, for publick Satisfaction.
London, Printed in the Year 1679.
To the Right Honorable, the Lords Spiritual and Temporal: And to the Honorable, the Knights, Citizens and Burgesses, in Parliament, Assembled.
THE following Narrative, and Deduction of the several Cases, gives a brief Account of the vast Improvement and Riches of England by Trade and Enterprises of those two famous Merchants, Sir William Courten and Sir Paul Pyndar, Knights, Deceased, who for their Publick Spirits and Loyalty, had not their Equals in the Age they lived: Their Names being as well known, as their Memorable Actions throughout the World: Their great disbursements upon several emergent Occasions, and their Greater Losses, occasioned by the unhappiness of the late troublesom Times, when Iustice was not only Obstructed, but perverted to their great prejudice and oppression. Wherefore the Complaynants thought it most seasonable and convenient to give this following Relation of their Services and Sufferings; and consequently of the Losses and Damages sustained by their Heirs, Executors, Administrators and Creditors, which include many Hundred Families within the City of London and this Kingdom. The causes of Complaint continuing so long are the more grievous, under a Government so renowned for the Laws, Liberties and Properties of the Subjects. Yet since it is the Priviledg of English men to represent their Grievances in Parliament, the Complaynants have modestly done it, being ready with their Vouchers upon Record to justify every particular of their Charge, promising to themselves in this Iuncture, [Page] that the Cause of the Widdows and Fatherless may be heard and relieved.
It is very remarkable, That the Ancestors of Sir William Courten, fled out of Flanders into England for Protection of their Lives, Liberties and Estates in the time of Queen Elizabeth, from the Spanish Inquisition, under Duke de Alva: And that William Courten Esq was forced out of England, to preserve himself from Want and Imprisonment: And even his Son William Courten, the Grand Child of Sir William, constrained to live in Exile, to escape the Prosecutions of his Fathers and Grandfathers Creditors (inter alia) for those very Moneys lent, to supply King James and King Charles the First, towards the Support of the King of Bohemia, and Relief of Rochel and the Isle of Ree.
The several Abstracts of these following Cases, being of very high import to the Honour and Interest of the King and Kingdom, may easily invite every person that is a Lover of his Country, to a through perusal, and even to gratify himself with some remarques not vulgarly known,
- Edward Graves
- Thomas Townesend
- Elizabeth Whitaker
- Iames Boeve
- Gilbert Crouch
- Thomas Norton
- Richard Powell
- Nath. Hill
- George Carew
- Thomas Coppin
- William Hinton
- Volentina Lloyd
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 Iapan, and divers other parts of Asia, Europe, Africa and America: Faithfully represented to both Houses of Parliament. Reduced under four Principal Heads, viz. • I. The Discovery and Plantation of Barbadoes. , • II. Their Vndertakings, and Expeditions to the East-India, China and Japan. , • III. The Denyal of Iustice upon their civil Actions depending in Holland and Zealand. , and • IV. Their Loanes and Supplyes for the Service of the Crown, upon the Collection of Fines and Compositions out of the Popish Recusants Estates, &c.
As followeth, viz.
I. Barbadoes.
THAT Sir William Courten at his own proper Costs and Charges first Discovered, Planted and Possessed the Island of Barbadoes, before any Subject or Inhabitant belonging to any Nation or Kingdom whatsoever.
That he Fortified the said Island, and expended 28600 l. sterling in Fortifications, Buildings and settling Plantations, before he had a Patent under the Great Seal of England, for the Government thereof, in the third year of King Charles the First, which subjected the same to the Dominion of the King: And being in the quiet Possession of the said Island, for the space of two years and upwards, had allotted out several Plantations to others, under acknowledgments of Quit-Rents, so that he could not be disseised thereof without [Page 2] manifest Injustice. That by the Law of England, The Heirs and Assigns of Sir William Courten retain a Freehold in the said Island, according to the Original of all Propriety, Notwithstanding Iames late Earl of Carlisle by an Arbitrary and pretended Power and Authority, as Lord Proprietor of all the Carribee Islands, in the year 1628. with his Complices Subjects of England) entred the said Island of Barbados by force of Arms, and spoiled Sir William Courten, his Servants and Planters of their Lands, Houses, Fortifications and Possessions, which Intrusion doth not create a Right to any that claim under the said Earl, or others that got into Possession afterwards by Colour of his pretended Title. The Honour of the King being to be preferred before the Profit of the King: Bracton lib. 2. Cap. 2. de acquirendo rerum dominio si insula in Mari nata sit occupantis, sic occupanti conceditur; and the Book saith, It is tantum divina natura aperante. That these wrongs and oppressions have been divers times made appear both in matters of Fact and Law. But in regard there was no Parliament held in England for the space of 13 years after the said Force and Injury committed: Sir William Courten and his Son could not find any relief against the said Earl of Carlisle or his Agents and Complices, the said Earl being so powerful with the chief Ministers of State at that time. And by reason of other Spoils and Depredations committed upon Sir William Courten and his Son by the East India Company of the Netherlands (hereafter particularly mentioned) all further prosecution for satisfaction and reparation of Damages was suspended pro tempore.
That William Courten, Son and Heir of the said Sir William fled into Italy, where he died indebted to his own Creditors 64000 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 [Page 3] 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 [Page 4] 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 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 14th 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.
[Page 5]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 19th. 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 [Page 6] 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 [Page 8] 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 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 [Page 9] 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, [Page 10] 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.
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.
[Page 11]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 4th. 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 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.
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 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, [Page] 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.