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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29745	A brief remonstrance of the grand grievances and oppressions suffered by Sir William Courten and Sir Paul Pyndar, knts., deceased as also by their heirs, executors, administrators, and creditors : humbly represented to both Houses of Parliament, prorogued to 21 October 1680 : faithfully collected out of several courts of record, orders of counsel, and treaties of peace and common alliance : with several remarks thereupon for the improvement of naviagation, trade, and commerce / by John Brown.	Brown, John, of London.	1680 (1680)	Wing B5025; ESTC R27230	34,787	30

A Brief REMONSTRANCE Of the Grand Grievances and Oppressions Suffered by Sir William Courten and Sir Paul Pyndar K nts deceased As also by their Heirs Executors Administrators and Creditors Humbly Represented to Both Houses of PARLIAMENT Prorogued to 21. October 1680. Faithfully Collected out of several Courts of Record Orders of Councel and Treaties of Peace and Common Alliance With several REMARKS thereupon For the Improvement of Navigation Trade and Commerce By JOHN BROWN of London Gent. LONDON Printed in the Year 1680. To the Right Honourable Sir ROBERT CLAYTON K nt Lord Mayor of the City of LONDON And to the Right Worshipful Sir THOMAS PLAYER K nt William Love and Thomas Pilkington E sqs MEMBERS of PARLIAMENT Chosen for the Honourable City of LONDON Right Honourable and Right Worshipful IT 'S agreed by all Divines Philosophers and Lawyers that every Man hath a Right to hold and injoy those things which he hath Righteously obtained even as the first Occupants of Lands retain a Reall Interest and Property by a Natural and civil Possession But the Hollanders and Zealanders of late would perswade Soveraign Princes and their Ministers to make no difference between Reason of State and common Right In whose Provinces the Soveraign Power resting in the Common People their Deputies were so bold in the infancy of their State soon after King Iames had delivered their cautionary Towns and quitted a great Sum of Money due to the Crown of England and perswaded the French King to discharge a greater That they at all times afterwards refused to settle any Regulation of Commerce and Navigation in the East-Indies and the Whale-Fishing the proper Discovery of the Russia Merchants but gave Laws concerning the old English Draperies Banishing all Died and Dressed Cloaths disputing the Tare of the rest after they had invited the Merchant Adventurers successively to Middleburgh Delfe and Rotterdam with priviledges since taken away yet some of the said Company are now Resident in Dort The People of Holland Zealand and Friezland having also incroached upon the Rights of Fisheries on the Coasts of England Scotland and Ireland Denying any Tribute although Spain and France at the same time purchased Licence by Treaty or Special Commission Sir DUDLEY CARLETON Demanded satisfaction and a regulation in those points in the year 1618. And also for reducing their Coyns to such a Standard that might hinder the Transporting of English Gold and Silver out of His Majesties Dominions The Prince of Orange their General after many Debates then told the Embassador Carleton that the Deputies of the several Cities in Holland Zealand and Freizland durst not touch upon those things especially that concerning Fisheries there being in those three Maritine Provinces one Hundred and fifty thousand People and upwards that had their Livelihoods and Dependencies upon the Fisheries on the British-Coasts but desired him to Write to Secretary NAUNTON to move the King that those Rights of Fisheries might be redeemed and Purchased for a Sum of Money King Iames being unwilling to treat upon those terms all the Debates rested re in facta What inestimable loss and Damages the Crown of England and the Subjects thereof and more particularly the City of London have suffered in the premises is fit for a Parliament to inquire after whereby they may find what is become of all the old broad Gold abased in Holland and afterwards bought up again for the English East-India Company The main Scope of this following Remonstrance is to give Your Honours an Exact account of the matters of Fact wherein those two Worthy Persons Sir William Courten and Sir Paul Pyndar were so grieved and oppressed that had been so necessary and serviceable to the Crown and Kingdom of England and after them their Heirs Executors Administrators and Creditors there wants no Vouchers within the Walls of this City to make Evident to the World the truth of every Paragraph herein that calls Aloud for Relief from the Justice of a Parliament The several Abstracts of the following Cases being of 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 thorow perusal thereof and even to Gratifie himself with some Remarks not Vulgarly known Obliging thereby Right Honourable And Right Worshipfnl Your most Obedient and Humble Servant JOHN BROWN A Brief Remonstrance of the grand Grievances and Oppressions suffered by Sir William Courten and Sir Paul Pyndar Knts. deceased As also by their Heirs Executors Administrators and Creditors with several Remarks thereupon Humbly represented to both Houses of Parliament Prorogued to the 21 of October 1680. THAT upon confidence and expectation of Protection and Preservation of their Lives Liberties and Estates with the quiet injoyment of the Protestant Religion under the Government of Queen Elizabeth and Her Successors Many Worthy persons related to Sr. William Courten transported Themselves and their Families out of Flanders Brabant and the other Spanish Netherlands amongst whom the Father and Mother of Sr. William Courten arrived in England from Menen in Flanders in the year 1567. And having remitted their Monies and other Effects from beyond the Seas exercised the Trade of Merchandizing in Silks and Linen during their Lives in the City of London and left two Sons and a Daughter named William Peter and Margaret Courten unto whom they gave plentiful Estates Sr. William Courten being the eldest Son intermarried with the Daughter and Heir of Peter Cromeling a Linen-Merchant of Coutrick in Flanders who left a personal Estate of sixty Thousand Pounds Sterling to his said Daughter provided that fifty Thousand Pounds thereof should be laid out in Lands in the Kingdom of England and settled upon Peter Courten his Grandchild begotten of his said Daughter by the said Sr. William which settlement was made accordingly And the said Peter afterwards being made a Barronet married with the Lord Stannop's Daughter but died without Issue and left the Estate to Sr. William Courten his Father In the Year 1606 Sr. William Courten Peter Courten his brother and Iohn Moncy of London Merchant who married the said Margaret Courten Widow of Matthias Boudaen entred into a Trade of Partnership with a joynt Stock two parts whereof belonged to Sir William Courten and to the said Peter Courten and Iohn Moncy each a fourth part This Trade in Company was carried on for 24 years together to several parts of the World wherein they returned yearly 200000 l. Sterling and upwards Communibus Annis in the Linen Trade Italian Trade Barbary Trade French Trade and Whale-Fishing upon their Joynt Stock aforesaid then Peter Courten in the year 1630 being lately Knighted in England dyed at Middleburgh in Zealand where he lived and had gotten the greatest part of the effects abroad into his hands and left Peter Boudaen Son of the said Matthias his Executor And in the year following Iohn Moncy transported himself from London to Zealand to settle the Accompts

of the Company where he died in the year 1631 at the House of the said Peter Boudaen before the Accompts were finish'd and left Sir William Courten and Peter Bondaen his Excecutors liable to pay the Debts of the Company due upon Bonds to divers persons in England Flanders and Brabant which were many and great Sir William Courten by his second Wife the Daughter of Mr. Moses Tryan had one Son and three Daughters named William Hester Mary and Ann who were married into several Noble and Worthy Families viz. Hester intermarried with Sir Edward Littleton of Pilleton-Hall in the County of Stafford Barronet Ann intermarried with Essex Deverux of Leigh-Court in the County of Worcester Esq after his decease with Sir Richard Knightly of Fausely in the County of Northampton Mary intermarried with Anthony Earl of Kent and William the Son and Heir intermarried with the Lady Catherine Daughter of Iohn late Earl of Bridgewater After the decease of the two Partners aforesaid both free Denizons of England Sir William Courten endeavoured to settle the said Accompts and to call home the effects of his Estate out of the hands of Peter Boudaen Merchant at Middleburgh which could not be done by any means during the Life of Sir William Courten the Magistrates of Middleburgh having protected him from the ordinary course of Justice as they have done his Sons and Heirs ever since in several Suits depending to the Damage of Courten and his Creditors the Sum of 123460 l. Sterling and upwards as by the Ballance of the Books kept by Mr. Iohn Moncy in England appears Sir Peter Courten and the said Peter Boudaen having qualified themselves to be Directors of the East and West-India Companies by purchasing many great original Actions in the Chambers at Middleburgh in Zealand with the very individual Monies gotten into their hands out of the proper Estates of Sir William Courten and his Creditors The Magistrates of Holland and Zealand holding it for a Maxim that it would be of bad consequence to their State if they did not protect Strangers and their Goods against all other Forreign Invasions whatsoever The like Protection the States of Holland have given to Iacob Pergens of Amsterdam by express Orders to the Courts of Iudicature at Amsterdam and the Hague that they should refuse English-men all the ways of Justice upon several Actions depending against the said Pergens for Monies gotten into his Possession upon several Trusts Letters of Attorney and private Contracts with William Courten Esq amounting to 15000 l. Sterling and upwards Even for which the said Pergens by his own Covenant had contracted to be accountable to the said Courten or his Assigns This Iacob Pergens was born at Cologne in Germany bred up in London and made a free Denizon of England then upon his marriage with the Sister of Peter Boudaen became a Burgher of Middleburgh afterwards an Inhabitant at Amsterdam and one of the Directors of the West-India Company there who claims sometimes the priviledge of an English-man at other times of a German and as occasion offers he claims the priviledge of a Zealander and often times of a Citizen and Free-Burger of Amsterdam and when he is impleaded at any other place his Exceptions are That he ought not to be sued in any place but only before his Competent Judges of Amsterdam where the Courts of Justice are closed up against all English-men that prosecute their rights against him Sir William Courten in his particular Trade distinct from the Company having received several wrongs and injuries by the Spaniards procured Letters of Mart or Reprizals in the second year of the late King Charles to do himself Right and Justic and sent forth Captain Iohn Powel and Henry Powel his Brother with two Frigats well fitted aud equipped into the West-Indies who having discovered the Island of Barbadoes not inhabited by any people whatsoever landed there and made a survey of the Soil and Scituation and at their return perswaded Sir William Courten to fortifie and settle Plantations upon the said Island who did at his own proper Costs and Charges expend the Sum of 28000 l. Sterling in Building Plantations and Transporting Men Women and Servants And being in quiet possession for the space of two years he procured a Grant under the Great Seal of England Tertio Caroli primi to the Earl of Pembroke and his certain Deputies for the Government thereof according to the Laws of England which subjected the same to the Dominion of the King but the Freehold and Soil by the Law and Original of all Propriety was rested in Sir William Courten and his Heirs for ever Nevertheless Iames late Earl of Carlisle by colour of a pretended Grant as Lord Proprietor of the Caribee Islands in the year 1628 with his Complices Subjects of England enters the said Island by force of Arms and dispossessed the said Sir William Courten his Servants and Planters of their Fortifications Houses and Plantations and do still continue the possession thereof against all Justice and common Right many Families having raised themselves by the Fruits and profits of the said Island out of the ruins of Sir William Courten and his Creditors In the year 1632 Sir William Courten having procured several Fishermen and their Families out of Holland and Zealand as also Net-makers and Ship-Carpenters for building Herring-Busses and Dogger-Boats They were made free Denizens of England and dwelt in divers Towns adjacent to the Sea Then several joynt Stocks were raised for incouraging the Herring-Fishing and Cod-Fishing upon the English Coasts Whereupon the Hollanders and Zealanders under hand got Letters of Mart from the Spaniards and took the said English Busses and Doggers and procur'd them to be confiscated at Oast-End and Dunkirk under pretence they were Dutch Effects And oftentimes fishing in company with the English would in the Night time cast great Stones into their Nets and spoil their whole Voyages for that season by which indirect practices the English were so discouraged that after the loss of above 50000 l. Sterling and upwards in the Enterprize as appears by the Accompts of Sir William Courten and the other Treasurers the whole undertaking was laid aside in Companies to the great Damage and Dishonour of the King and Kingdom That the late King Charles in the 11th year of his Reign together with several Lords of the Council perswaded the said Sir William Courten to undertake Trading Voyages to China and Iapan and for that purpose granted him and others in Company with him a new Charter for an East-India Trade in the year 1635. Then Sir Paul Pyndar being a man of a publick Spirit was moved by the King to furnish and advance the Sum of 36000 l. to Sir William Courten in the first Expedition for which he had assignments upon several Ships The Hollanders then finding that it might hinder their Commerce obstructed them in the said Voyages under pretence that they traded with the Portugals their

1663. had the Confidence to send the draught of the following Articles inter alia in contempt of the King and Kingdom pretending the States had subdued the Parliament by the surprize at Chattam An Abstract of Five Select Articles of the Treaty at BREDA 3. Also that all Offences Injuries Dammages and Losses sustained on either side by the King and the States or their Subjects during this War or at any time before upon any cause or pretence whatsoever be totally Expunged and Buried in Oblivion 4. Moreover that all Ships Goods and Movables which at any time before had come into the Power of either Party or their Subjects should remain to the present Posssessors thereof without any Compensation or Restitution for the same and without any Exception of place time or things 5. Moreover that all Actions Suits and Pretentions whatsoever for the same should remain void obliterated and disanuled and nothing moved thereupon hereafter 8 Its also agreed that under the aforesaid Renuntiation and Stipulation all Letters of Marque Reprisals and Countermarque General and Particular ought to be comprehended and revoked by vertue of that Article accordingly notwithstanding any Grant to the contrary 23. That in case it happen during this Friendship and Alliance that any thing shall be done to the contrary nevertheless the Alliance shall not be Broken but continue in Force only those particular Persons shall be punished that shall do any thing against the Treaty The words in the Articles being set down so general that might admit of forced interpretations beyond the Common intendment of the Embassadors and other Ministers of State Applications were made to Iohn de Wit chief Minister at the Hague by the Advocates and other Agents of Courtens Creditors who told him that a great care ought to be had of particular and private Mens Debts and Interests and especially a tender respect to the Kings Honour and Reputation And finally that as the Articles were penned and sent to Breda they were repugnant to the Laws of God and Mankind and particularly against the Laws and Statutes of England yet de Wit was so puft up with Pride and Insolence that he would give no other answer then this Valeat ut Valere potest and so the Articles were Signed accordingly on the 21. of Iuly 1667. Old stile Note that such words are without any president and were never used in any former Treaty in the World nor mentioned in any Article of the other Treaties with France or Denmark made at the same time in Breda but were Couched in by John de Wit as if he had a design and purpose that the Hollanders and Zealanders should swallow up all Debts Accounts and sunis of Money of Englishmen gotten into the Banks of Amsterdam and Middleburgh upon any cause or pretence whatsoever The Treaty of Commerce and Common Alliance being so concluded It is very remarkable and worthy of your Observation what followed within few Years after upon the 10th of August Old stile Behold the judgement of God Almighty in his Providence concerning the said Iohn de Wit that so worded and writ the Articles of the said Treaty and Cornelius de Wit his Brother Burgomaster of Dort Plenipotentiary in the Surprize at Chattam during the said Treaty Their Tongues were cut out of their Heads and their Fingers cut off their Hands and their Lungs pulled out of their Bodies by their own Subjects in the Hague even in the view and presence of the said George Carew who was then a Prisoner there Committed by the States of Holland under pretence of a Spie but escaped the danger and had been formerly at the instance of some common claimers of Dutch Goods committed at London by Order of the Councel on the 10th of August 1666. as aforesaid and the Letters Patents for 151612 l. and Damages on the same day ordered to be suspended In the Year 1671. the Treary at Breda being declared void by the King and Councel and another War Proclaimed for General Reprizals The Proprietors of the Bona Esperanza and Henry Bonadventura made fresh application to the King and Councel for publick relief against the States a Common Wealth sensible neither of Conscience nor Honour in Courtens Case whereupon it was referred to a select Commitee of the Lords of the Councel who reported their opinion under their Hands in terminis as follows viz. In obedience to your Majesties Order in Councel on the 22. of March 1671. We Humbly represent to your Majestie that the Debt and Damages of those Petitioners being stated under the Great Seal of England whereby it s granted by your Majesty that 151612 l. with all Costs and Charges shall be Reprized We further humbly represent to your Majesty that by the Treaty at Breda all reparations were extinguished and cut off Yet since that time the States General of the Netherlands have not only been refractory in the performance of any agreement concluded on but also have committed many violences and depredations whereby they have wholly cancel'd the obligations of all past Treaties and Agreements and left your Majestie and your Subjects as free in all Iustice and Equity as if they never had been made And therefore we humbly presume to report our opinions to your Majesty that it is now but just and seasonable for your Majestie to insist upon reparations for the Debt and Damages aforesaid In pursuance whereof His Majestie on the 7th of Iuly 1672. sent his Lettes under his Sign Manual to omit no time to his Plenipotentiaries then at Vtrecht to require intire and full satisfaction and reparations of the States General in the singular Case of Courten expressing with great zeal and earnestness that his care in that case should be to protect his Subjects in their just rights as well as to Assist them in the recovery thereof Afterwards by express Order of the Councel Board Instructions were given to the Lords Ambassadors and Plenipotentiaries at Cologne to that end and purpose The States then underhand appealed by their Printed Papers to the Subjects of England for a seperate Peace in that juncture when they were almost brought upon their Knees and would not condescend to any agreement at Cologne but sent a Letter to the King by the Spanish Ambassador unto whom they had given a procuration with instructions to make up such a suddain Peace with the King whereupon His Majestie made this Speech following to both House of Parliament on the 24th of Ianuary 1673. Old stile The Kings Speech My Lords and Gentlemen AT the beginning of this Session I told you as I thought I had reason to do that the States General had not yet made Me any Proposals which could be imagined with intent to conclude but only to amuse To avoid this Imputation they have now sent Me a Letter by the Spanish Ambassador offering Me some Terms of Peace upon conditions formally Drawn up and in a more desent Stile then before It is upon this that I

Ravon who obtained several Sentences and Executions thereupon The like at Amsterdam at the Suit of Sir Richard Ford upon Actions for Assurance depending before and after the Treaty Likewise upon several Actions depending at Midleburgh against Peter Boudean and his Heirs at the Suit of George Carew upon Merchants accompts as aforesaid and Legacies whereupon Boudaens Exceptions were over-ruled by the Magistrates and Iudges there in the year 1675. and Sentence given that the Defendants Boudaens should positively Answer to several Charges in the said Plaintiff Carew's Bill which they had delayed so many years together And by a later President in Amsterdam upon two several Actions brought against George Carew in the year 1676. at the Suit of Paulus Buys an Advocate and Arnold Vingbooms a Proctor of the said City Buys for 113 Gilders and a 11 Stivers and Vingbooms for 51 Gilders and 18 Stivers for Fees and Salaries in a Cause Renvoyed from the Hague depending many years before the Treaty against Jacob Pergens upon an obligation for 3000 l. Lent by Sir William Courten unto which Actions of Buys and Vingbooms the said Carew having appeared by Alexander Rynd his Proctrr The Escheevens or Judges there viz. Mr. David de Wilhem Hendrick Becker Mr. Cornelis Cloeck Joan Appelman Mr. Everart Scott de Jonge Dr. Dirk Boelensz Lieve van Loon. Jan van Dijck Mr. Jacob Popta GAVE Sentence against the said Carew for the said Monies and Costs which were Levied by Execution upon the said Carew accordingly as by the Proceedings in the said Court at Amsterdam appears Notwithstanding at the same time the said Iudges were daily Sollicited to Pronounce Sentence against the said Pergens in the Original Action which they refused to do upon the said Obligation in which Cause the said Fees and Salories were recovered by Buys and Vingbooms and also upon his Covenant for 5500. Sterling with Dammages in another Action brought in the same year 1676. against the said Pergens by Mark Fletcher Merchant for Monies received by Pergens in trust for Mr. Courten and his Assigns but the said Iudges possitively denied to pronounce any Sentence thereupon in regard the States of Holland at Pergen his request had by Express Order as aforesaid Dated the 10th of September 1676. Peremptorily Prohibited them from doing any Iustice therein Alledging that moving upon the said Actions and Pretences were publick Breaches of the Peace concluded in the year 1667. and 1674 And so the said causes remained in Statu quo ever since upon the said Extrajudicial Order The said Boudaens having also taken advantage thereof contrary to all Equity Reason and good Conscience and even to the Presidents of their own Courts of Iustice Which were no small Reflections upon the great Interest of His Majesties Honour and the Reputation of his Kingdoms and Dominions being taken notice of by all Forraign Ministers at the Hague and Merchants of other Nations Resident in Amsterdam It 's remarkable that the greatest Ministers of State are subject to gross Errors and Mistakes for that in the first Proclamation Dated the 10th of August 1666. Mentioned in the Order aforesaid it 's recited in the said Proclamation that divers great and Notable Misdemeanours were committed by Sir Edmond Turnor and George Carew and their Assigns And in the Month of September following by an Order of the Council-Board Sir Edmond Turnor was Cleared as a Person never Acting in the said Commission his name being used only in Trust and that Mr. Carew as Administrator and Assignee of Sir William Courten and others solely prosecuted that Affair and so Sir Edmond Turnors Innocency appeared upon hearing the matters of Fact contained in his Petition And after they had Proclaimed him Guilty without calling him to Answer for himself it was Published in the London Gazet for an unadvized Resolution or a hasty Mistake Memorandum That Sir Ieffery Palmer who was Directed to make a Draught of the said Proclamation refused to do it so then Sir Heneage Finch Sollicitor General for the time being very Readily and Officiously did the same Some further Reasons and Arguments Offered in Defence of the Administrators Assignees and Creditors of Sir VVILLIAM COURTEN and Sir PAUL PYNDAR QUeen Elizabeth gave it in Charge to all her Ministers of State that they should have a care of Her Honour which She held as a Iewel so Incomparable that nothing was esteemed more sacred in Her Eyes then Her Honour and Reputation If any Person should now question the Legallity the Iustice or the Equity of the Kings Grant under those Conditions and Limitations in the Letters Patents for Reprizals contained they would not only Arraign the Wisdom and Iudgment of the most Reverend and Learned Ministers and Officers of State and Trust in the Kingdom under whose hands the Grant Passed but lessen the Kings Prerogative-Royal in the Protection of his Subjects The Acts of Parliament expressly Declaring that the Injured Persons shall have the Law of Marque without Fraud or delay the Hollanders Zealanders and other Merchants Strangers having Complained of the old Law and craved Exemptions from the Writ in the Register following in these words REX Ballivis villae de Lenn Episcopi salutem Ex gravi querela dilecti nobis S. accepimus quod cum ipse nuper apud C. partibus de Spinia in villa de C. causa Mercandisandi moram traxisset Bona Cattalla ad valentiam centum librarum emisset I. T. alii malefactores dictae Villae mercatores de dictis partibus de S. praefatum S. apud dictam Villam de S. vi armis ceperunt imprisonaverunt bona cattalla sua praedicta ab eo abstulerunt alia c. ei intulerunt contra legem rationem in ipsius S. damnum non modicum depauperationem manifestam Et licet idem S. adsumptus non modicos penes Dominos partium illarum fuerit prosecutus pro justitia super transgressionibus praedictis habend ipse tamen non potest Justitiam inde obtinere sicut per quosdam fide dignos qui tunc temporis in dictis partibus extiterunt coram nobis est testificatum super quo nobis supplicavit ut sibi de remedio providere faciamus Nos ad testimonium praedictum considerationem habentes nec non injuriore de pauperationi ipsius S. compatientes in hac parte vobis mandamus sicut alias mandavimus quod corpora praedictorum T. I. si ipsi seu eorum aliquis in praedicta villa de Lenn inventi fuerint nec non bona cattalla ad valencia quadraginta librarum quam citius ibidem inventa fuerint arrestari sub arresto salvo custodiri fac quousque praedicto S. de transgressione praedicta ac de damnis de perditis quae occasione praedicta sustinuit fuerit satisfactum Mandavimus etiam ballivis villarum magnae Yernemouth quod ipsi ad valentiam quadraginta librarum de bonis cattalis