A Brief Abstract and Narrative of the several Spoils, Depredations, Losses and Damages, suffered by Sir William Courten, Sir Paul Pyndar, and William Courten Esq deceased, annexed to a Petition of the Proprietors and Creditors, depending in PARLIAMENT.  
SIR William Courten in the year 1626. being informed by several Masters of Ships employed in his Service, that there was an Island near the Caribbees, not Inhabited by any People or Nation whatsoever; and that the Soil was good, and well Situated for Plantation and Defence; whereupon Sir William Courten, at his proper Costs and Charges, Equipped and Furnished several Ships with Men, Women, and all kind of Materials and Provisions necessary both for Planting, and to defend themselves.  
In the year 1627. the Factors and Servants of Sir William Courten having made several Plantations, procured divers Indians from the Main-Land, with all sorts of Seeds and Roots to instruct the English in Planting Tobacco, Indigo, Cotton, Sugarcanes, etc. and named the Island Barbadoes.  
Sir William Courten then procured Letters Patents dated 27th. of February 1627. for the Government of the said Island, in the name of the Earl of Pembroke, who gave a Deputation (by Sir William Courten's appointment) to Captain John powel, with Instructions for the Government thereof conformable to the Laws of England.  
Sir William Courten, being so legally possessed of the said Island, as the first Occupant, and in the quiet possession thereof for the space of two years, and upwards, having expended thirty thousand Pounds Sterling in Materials, Provisions, Fortifications Plantations and Buildings: James late Earl of Carlisle, in the year 1629. under a pretence of being Lord Proprietor, by Patent, of all the Caribbee Islands, did, by Force of Arms, and other indirect Practices of several Persons, under his pretended Grant, forceably enter into the said Island, and disposessed Sir William Courten of his Forts, Houses and Plantations, to the inestimable Damage of Sir William Courten, his Heirs and Creditors, against the Laws and Originals of all Right and Property.  
The said Earl of Carslile, in those days, being more powerful at Court than the Earl of Pembroke; Sir William Courten, by all his Addresses to the King and Council, could not find any Relief; And there being no Parliament from the time of that violent Entry and Intrusion for the space of 12 Years together, during Sir William Courten's Life, and his Son's Prosperity, the said Earl of Carlisle, and his Complices, took advantage thereof, to continue the Possession, and granted a long Lease of the said Island to the Lord Willoughby, which expired in the year 1669. who granted several parcels of the said Island to several Planters and others, at yearly Rents.  
In the year 1646. Several debates arising between the Lord Willoughby, and the old Planters, concerning the original Right of the Island and Plantations; Complaint was made thereof to the Long Parliament; Whereupon the Merchants of London claiming several Plantations by Purchase, trumpt up Sir William Courten's Title to shelter themselves against the Earl of Carlisle's Patent, which was declared null and void. And William Courten, Esq Son and Heir of Sir William Courten, having absented himself, for his own and his Father's vast Debts, occasioned by the said Spoils, and other Losses hereafter mentioned, the Lady Katherine his Wife, appeared in defence of his Right.  
Then Endeavours were used by the Creditors, for annexing the said Island to the Crown of England, by Act of Parliament, as a County Palatine, with a Proviso contained therein, That an exact Survey should be made, and the Original Costs and Damages of Sir William Courten Levied upon an Equitable Tax for the Benefit of the Heir and Creditors, but the several Revolutions in the Government obstructed the same, yet continually Claimed ever since.  
Sir William Courten, Endymion Porter, Esq Thomas Kynaston Merchant, and others, in Company with them, in the year 1635. (The late King being informed that the East-India Company of England had wasted several great Joynt-Stocks by their ill Conduct and Management of that Trade,) were persuaded by the King to undertake Trading-voyages to the East-India's, China and Japan, and gave Sir William and his Partners a Patent accordingly; who made Contracts with several Vice-Roys, and settled several Factories at Maccoa, Carwar and other parts near the Sea-Coast; Sir Paul Pyndar having advanced the Sum of 36000 l. in that first Expedition, under Captain John Weddall, Captain Nath. Mountnay and others, (the Ships named the Dragon and Katherine, Richly Laden, homeward bound) were lost, both Ships, Goods and Men, not without great suspicion of being Sunk or Burnt by the Dutch.  
In the year 1641. William Courten Esq Son, and Heir and sole Executor of Sir Wil Courten, and his Partners, set forth the Ships named, the Bona Esperanza, and Henry Bona Adventura (inter alia) upon the said Trading-voyages for supply of their Factories, and in the year 1643. the Ship Bona Esperanza was most injuriously seized, by two Men of War belonging to the East-India Company of the Netherlands, in the straits of Malacca, from whence both Ship and Goods Were carried to Batavia, and there de facto confiscated, without any due Process at Law, and converted to the said East-India Companies use, under pretence that Courten traded with the Portugals their Enemies.  
In the same year the Ship called the Henry Bona Adventura, with her Lading, was taken into the possession of the said Company, by other of their Officers, and men of War, near the Island of Mauritius, and also converted to their own use, in all to the Damage of Mr. Courten, and the rest of the Proprietors 85000 l. Sterling, as by evident proofs taken in the High-Court of Admiralty appears.  
Sir Paul Pyndar having an assignment of 5500 l. out of the said two Ships, employed Ionas Abeeles at Amsterdam, in the year 1648. by procuration to implead the said East-India Company for the said Money, with Interest, who intimated Sir Paul Pyndar's right, but could not obtain the said 5500 l. The Company alleging that Jacob Pergens had notwithstanding Ionas Abeeles protest and interdiction given security by Peter Boudaen of Middleburgh, to save the Company harmless and indemnified from Sir Paul Pyndar; whereupon the Directors at the Chamber in Middleburgh, paid Pergens accordingly, without any right thereunto, Mr. Courten having assigned his Share and Interest to Sir Edward Littleton, and Sir Paul Pyndar, in the year 1642. towards payment of his Debts.  
In the year 1654. upon a Treaty of Peace and common Alliance between Oliver Cromwell and the State's General, when the East-India Company of the Netherlands paid the English old Company 84000 l. Sterling towards the Spoils and Depredations at Amboyna. It was agreed that the Spoils and Depredations upon the two Ships, Bona Esperanza, and Henry Bona Adventura, should be referred to the Protestant Cantons of Switzerland, to determine what Reparations should be made for the same; But they could not be persuaded to meet upon that Affair, or to intermeddle therein. So the matter rested in statu quo.  
Upon the Kings most happy Restauration, in the year 1660. several Appliacations were made by the Proprietors, to his Majesty in Council, for Restitution and Reparations of the Debt and Damages; Whereupon several Recommendations were made to the State's General by His Majesty accordingly, and at last agreed in the Treaty 1662. that full and entire Reparations should be made for the said two Ships and their Lading, to the persons Interessed and Injured.  
In pursuance whereof, Solicitations were made to the State's General, and the East-India Company of the Netherlands, for the space of two years together, without any effect.  
In the year 1665. the Debt and Damages were stated upon the King's command, by Dr. Exton, Judge of the Admiralty, which then amounted to the sum of 151612 l. sterling; whereupon Letters Patents for Reprizals passed judicially, under the Great Seal of England, to Sir Edward Turnor, Kt. and George Carew Esq their Executors, Administrators and Assigns, for recovery thereof, with Costs and Damages, on behalf of themselves, and others intetessed.  
In which Patent it is expressly granted and declared by His Majesty, That the said Commission shall remain and be in full Force and Power, to the said Turnor and Carew, their Executors, Administrators and Assigns, for recovery of the said 151612 l. with Costs and Damages, notwithstanding any Peace or Correspondency to be made or renewed between the King and the States, concerning any Public or General Differences or Reprizals. And further, That although it should happen that all Hostility between the King and the States should cease; Yet his Majesty grants and declares, That this particular Commission should remain in full Force and Power, until the said Debt, Damages, Costs and Charges shall be recovered, and received, or a Composition be made for the same, between the East-India Company, and the said Turnor and Carew, their Executors, Administrators and Assigns:  
In the year 1666. A third part of the said Debt was assigned to John Graham Esq and John Brown, Gent. on the behalf of themselves and other Creditors with power to recover the same by Force of the Patent, as by the said Deed of assignment, and Schedule of the Creditors annexed, dated the 14th. of May, 1666. appears.  
In pursuance whereof, several small Frigates were equipped and set forth; But in regard the Hollanders and Zealanders traded under the Colours of Flemings, Swedes, Hamburgers, Lubecker., Dantzickers, and others in Alliance with England, most of the Ships and Goods taken by Force of the said Patent, were claimed under those pretences, and discharged by the Admiralty; So that there was not (bona fide) 1500 l. reprized of the said Debt, Damages and Costs ' as by the Register in the Admiralty appears.  
In the year 1667, A Peace and common Alliance was concluded between the King and the State's General at Breda, wherein is mentioned, notwithstanding the King's special Grant aforesaid, that particular Letters of Reprizals ought to be comprehended and revoked by the said Treaty, although the Patent remains upon Record under those Conditions, Grants, and Limitations, wherein the Subjects, by the common Law of England, are vested both with an Interest, and an Authority coupled together for recovering their Satisfaction.  
The said Grant being made of Common Right, as the Law directs, cannot be revoked or made void, or suspended by Proclamation, without Reparations to the Persons interessed, otherwise the Laws and Statutes of this Realm would be rendered inneffectual, by a failer of Justice.  
In the year 1672. New differences being arisen between the King and the State's General, the persons interessed and injured, concerning the Bona Esperanza, and Henry Bona Adventurae, made fresh applications to the King and Council for relief in a public way; Whereupon the said Debt and Damages was revived, and expressly declared by the King and Council that the Treaty at Breda was void, and of no effect; and that His Majesty would in this particular case of Pyndar and Courten, (as he was in Justice and Honour bound to do,) see that the Debt and Damages aforesaid, should be satisfied and repaid, and gave Instructions to Sir Lionel Jenkins and Sir Joseph Williamson, his Ambassadors and Plenipotentaries at Cologne, to that end and purpose accordingly, as by the Original Orders, Declarations and Reports, may appears.  
In the year 1674, Another Treaty of Peace and Common Alliance was concluded at London, between the King and the State's General, wherein it was agreed that 800000 Patacoons should be paid to His Majesty by the State's General, at four yearly payments; the first upon Ratifiing of the Treaty, and by the 7th. Article thereof confirmed the Treaty at Breda, and all former Treaties, without any other notice of Pyndar or Courten's Debt and Damages.  
Upon the said Ratification 200000 Patacoons were assigned, and paid to Alderman Backwel for other Services, and the 600000 remaining were transferred to the Prince of Orange, upon pretence of old Debts due to his Father and Grandfather, from the late King, although the said Prince made his Fortune (in that War & Alliance) of all the Blood & Treasure spent therein, being restored to his Ancestors Honours and Offices, enriching himself, as Lord High Admiral by the tenths out of all English Ships and Goods, taken the last War. And notwithstanding the Proprietors of the Bona Esperanza, and Henry Bona Adventura, made several Addresses to the King and the State's General respectively, that some part of the Patacoons might be appled towards satisfaction of their Debt, Damages and Costs aforesaid, (which remains still in statu quo,) yet nothing could be obtained in this special Case, incumbent upon the East-India Company of Holland, the State's General, and the Crown of England.  
In the year 1676. Several Actions depending at Law in Middleburgh, Amsterdam, and the Hague, upon Obligations, Bills of Exchange, and Merchants Accounts, amounting to 128600 l. or thereabouts, against the said Jacob Pergens, and the Heirs and Executors of Peter Boudaen and Sir Peter Courten, who were Copartners with Sir William Courten in the Linen-Trade, were positively interdicted by the States of Holland and Zealand; And the Judges by express Orders of the said States, prohibited from doing any manner of Justice to the Heirs, Executors Administrators, or Assigns of Sir William Courten, Sir Paul Pyndar, Sir Edward Littleton, and William Courten Esq deceased; upon pretence they were released, and discharged by the two last Treaties of common Alliance between the King and the State's General; (which are forced Interpetations against all common Sense and Reason) several Applications were made to the King and Council, that right might be done, by His Majesty's most gracious Interposition and effectual recommendation to the States of Holland and Zealand, or by further Reprizals against those two Provinces respectively, but no Relief could be obtained thereupon, according to the merits of the said Cause.  
In the Month of April, 1680. The Creditors, under Graham and Brown's assignment, considering the Premises, and that the States were at Peace with all Nations, and even with their Confederates the Algerines; The said Creditors agreed to set forth 2 or 3 Frigates to reprize their proportion of the said Debt and Damages, in pursuance of their Grant aforesaid, as Assignees under the Patent, and so entered their Ships in the Admiralty, under the Command of Captain Compton Gwyther, Captain Roger Hawkshead, and Captain Thomas Would accordingly.  
There cannot be found the like Parallel in any Kingdom or Nation in the World, that two such Persons as Sir William Courten and Sir Paul Pyndar, that had such vast Estates, so employed in the Service of their King and Country, that were ever so neglected, and their Families after them, so long appealing for Justice, without any Redress, still lying under those Circumstances of Discouragement, that no Relation or Servant of theirs, were ever preferred or admitted into any Public Employment since the King's Restauration, not so much as to a Land-waiters-place at the Custom-house.   

To the Honourable the Knights, Citizens and Burgesses in PARLIAMENT Assembled.  
The Humble Petition of Thomas Kynaston Merchant, (surviving Partner and Adventurer with Sir William Courten to the East-Indies) William Courten Esq Grandchild and Heir of Sir William Courten Knight, deceased; George Carew Esq Administrator of the Goods and Chattels of Sir Paul Pyndar Knight, deceased, with his Will annexed; Thomas Coppin Esq Gilbert Crouch Gent. one of the Executors and Assignee of Francis late Earl of Shrewsbury; and James Boeve Merchant, on behalf of themselves, and divers other Families in England.  
Shows,  
THat your Petitioners, their Ancestors and Testators, having been spoiled, grieved and oppressed many years together, in Barbadoes, and other parts of the East and West-Indies, as also in the Provinces of Hollandand Zealand, and even at home, to their inestimable loss and damages, and the miserable distress of many Orphans and Widows, whose moneys (put out at Interest into the hands of Sir William Courten, and Sir Paul Pyndar) were employed in Plantations, Navigation and Commerce, to the great Improvement of the Nation.  
Your Petitioners made several Applications to His Majesty, and the Lords of His most Honourable Privy-Councel, for Relief, and to others Delegated from the King, but could obtain no effectual Redress in the premises, as by the Cases annexed appears.  
That your Petitioners have been denied the ordinary course of Law and Justice in the due prosecution of their Rights and Properties, upon Civil Actions in Holland and Zealand, to the great Contempt of the King and Kingdom, and the particular and intolerable Loss and Damages of your Petitioners, and others His Majesty's good Subjects, upon pretence that their particular Debts and Damages were discharged and released by Treaties of Common Alliance.  
That your Petitioners have likewise been obstructed in the due Execution of their Judicial Proceed in England, by Orders of the Council-Table; whereby they have been much prejudiced in their Liberties, Properties and Estates, contrary to the Fundamental Laws and Statutes of the Realm.  
Now forasmuch as your Petitioners are left without all other Remedy, and it being of most dangerous Consequence to all Civil Society and Commerce, to suffer any failer of Justice to the Subjects of England, either at home or abroad; a necessity lies upon your Petitioners, according to the inherent Rights and Privileges of Englishmen, to make their applications to your Honours for Redress.  
Your Petitioners therefore do most humbly pray, That their Grievances and Oppressions may be taken into the most serious Consideration of this Honourable House, That after Examination thereof by a Select Committee, your Petitioners may be relieved by an Effectual Recommendation made to His Majesty, or by such other ways and means as to your Wisdoms shall seem meet.  
And your Petitioners shall ever pray, etc.