The Humble Address of the Heirs, Executors, Administrators and Assigns of Sir William Courten and Sir Paul Pyndar, late of London, Knights; and William Courten Esq Deceased, together with their Creditors and Legatees, and other Proprietors and Adventurers with them to the East-Indies, China and Japan, Faithfully represented to both Houses of Parliament, Prorogued to the 26th. of January 1679. Manifesteth, Sir William Courten the first Discoverer, Planter, and Fortifier of the Island Barbadoes at his own proper Costs and Charges, to the value of 28000 l. sterl. in the years 1627. and 1628. taken from him, against all natural Right and Property. I. THAT in contemplation of the many and great Services and Sufferings of the said Sir William Courten and Sir Paul Pyndar for the Crown of England, in the times of King James, and King Charles the First, his Majesty that now is, was most graciously pleased in the year 1661., upon the Humble Petition of the Proprietors and other persons interessed in this Address, to recommend their Just Debts, Damages and Demands from the East-India Company of the Netherlands, and other Inhabitants of Holland and Zealand to the State's General for satisfaction and reparation, more especially for the spoils of the two Ships the Bona Esperanza and Henry bona adventura of London with their Lading, upon Trading Voyages on the Coast of India in a time of Peace. II. That in pursuance thereof several Memorials were given by Sir George Downing, Envoy Extraordinary from his Majesty to the said States at the Hague, and so insisted upon by his Majesty and chief Ministers of State at White Hall in conferences with the Ambassadors Extraordinary from the State's General, that it was Covenanted and agreed by the XV. Article of the Treaty concluded at Westminster in the Year 1662., that Satisfaction and Reparation should be made for the said two Ships and their Lading, to the persons interessed and injured, according to the Proofs made in the Court of Admiralty. III. Whereupon several Orders of the Council Board were sent to Sir George Downing, to require a speedy and exact performance of the said Article, who with the Proprietors used their endeavours for the space of two Years in vain, the East-India Company of the Netherlands refusing to be brought to any Account for the said Spoils and Damages, notwithstanding the Express Agreement in the said Treaty. iv Then the persons interessed made fresh applications in the year 1664. to the King by Petition for Letters of Reprisal, according to due form of Law, who referred the whole matter to Dr. Action Judge of the Admiralty, Sir Robert Wiseman his Majesty's Advocate General; and Sir William Turner, Advocate to his Royal Highness; whereupon a Report was made, that the Damages arising by the said Spoil did amount unto the Sum of 151612 l. sterl. Then a Warrant was directed to them to prepare a Bill fit for his Majesty's Royal Sig1nature, wherein two special Clauses for continuation of the Grant were contained, the substance whereof are as follow, viz. V 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 Edmond Turnor and George Carew their Executors, Administrators and Assigns, shall by virtue thereof have taken, seized and recovered from the State's General and their Subjects the Sum of One Hundred Fifty One Thousand, N. B. That Sir Edmond Turnor his Name being used in trust for other persons, he never Acted therein, but leaves the Execution of the Letters Patents to the Persons concerned. Six Hundred and Twelve Pounds Sterling, or shall otherwise receive Satisfaction of the said Debt by Composition with the East-India Company of the Netherlands, notwithstanding any Treaty of Peace whatsoever, hereafter to be made between the King and the State's General. VI And further Our Will and Pleasure is, That 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 by virtue thereof to apprehend, seize and take so many more of the Ships and Goods of the State's General, or their Subjects, as beside the said Sum before mentioned shall countervail, satisfy and pay all such Costs and Charges as shall from time to time be laid out and exspended concerning the same: A perfect Copy of the Patent at large being hereunto annexed. VII. That the Lord Chancellor Hyde being made Privy to all the Transactions and Proceed in this Affair desired a Conference with Sir Jeoffry Palmer his Majesty's Attorney General, and Sir William Turner together, concerning those two Clauses aforesaid, before they passed under the great Seal of England. Then Dr David Budd attended at the said Conference with a Praecedent under the Great Seal of England against the Spaniards in a Case of the like Nature concerning a Spoil and Depradation upon the Ships and Goods of Mr. Pawley and other English Merchants. VIII. After long debate of the said matter, the Lord Chancellor Hyde was fully satisfied, that it was very consistent with the Laws of Nations, and the Laws and Statutes of England for those two Clauses to pass in the said Grant for Reprisals, as they were worded for a Debt so ascertained upon a spoil. It being practicable in all times of Peace and Common Amity between Princes and States to put Letters of Reprisal in Execution. And that the State's General and the East-India Company of the Netherlands were more particularly Obliged to take Notice of the continuation thereof, being often admonished of the same before hand. IX. That nevertheless a seeming suspension was made of the executory part of the said Patent by the Treaty at Breda in the year 1667, before any satisfaction or reparation was recovered or received by the Proprietors or persons interessed, who did forbear pro tempore to put the said Patent in execution, until a more seasonable time and opportunity might offer. The States continuing in Wars and Troubles with other Nations and Kingdoms, and Traded in English Bottoms, or under the Colour of the King of Great Britain's Allies. X. That in the year 1671. new Differences being arisen between the KING and the State's General, the persons Interessed in this Humble Address, Exhibited their Petitions de novo to his Majesty in Council, for Satisfaction and Reparation in the Premises, whereupon a Reference was made by Order of the Council Table, to a select Committee of Lords of his Majesty's most Honourable Privy Council, to consider thereof, and to Report their Opinion what was sit for his Majesty to do therein, (for the Petitioners Relief;) who Reported, that in this Case, concerning the Spoil of the two Ships aforesaid, the only Debt so Liquid dated and confirmed under the Great Seal of England. It was just and seasonable for his Majesty to insist upon entire Satisfaction and Reparation for the same, from the State's General and their Subjects, notwithstanding the Treaty at Breda; as by the Original Report, Signed the 29. of June 1672. ready to be produced appears. XI. That in pursuance of the said Report, his Majesty was graciously pleased to Order in Council, that special Instructions should be sent to the Lords plenipotentiaries and Ambassadors, Treating with the French King and State's General, to insist upon Satisfaction and Reparations accordingly. And further his Majesty (reflecting upon all those circumstances he lay under in this Case) sent his Letters Express under his Sign Manual, to the said Lords Plenipotentiaries, intimating to them, that in any Treaty or Treaties which might happen to be made with the State's General of the United Provinces, Provision should be made for satisfaction of the said Debt and Damages, farther signifying that in this Case, his Majesty's Care should be to protect his Subjects, in their Just Rights, as well as to assist them in the Recovery thereof. XII. That soon after, in the year 1673 A separate Peace was made at London, between the King and the State's General, whereby the Treaty at Breda was confirmed, with all former Treaties (excluding France) in Consideration of Eight hundred thousand Patacoones to be paid to his Majesty, at four yearly payments by the State's General, without any other notice taken of Satisfaction or Reparation for the Bona Esperanza and Henry Bona Adventura or any of the Orders, Reports, Instructions or Letters Patents, wherein his Majesty's Justice and Honour are so often repeated. XIII. Then several of the Proprietors and Interessed, made new Applications to the King and State's General, on behalf of themselves and many Families of Orphans and Widows concerned therein, for some proportion of the Patacoons, towards Reparation of the said Debt and Damages, but answer was made them, that the States of Holland and two English Ministers of State, had procured the Earl of Derby, Lord High Treasurer of England, to move his Majesty to Assign 600000 of the Patacoones to the Prince of Orange, upon account of an old Debt contracted in Holland by Prince Henry Frederick, for the late King Charles (the said Pattacoons continuing at Interest in the State's Hands) the other 4th. part of the Pattacoons being ordered to be received by Alderman Backwel, towards Repairs of Windsor Castle, and other services, so the Bona Esperanza and Henry Bona Adventura were left in statu que, without any regard or consideration had of the Seven Millions of pounds Sterling, raised by Parliament, upon account of the Subjects Reparation, whereof a Months Tax of 120902 l. 15 s. 8 d. was granted to the Duke of York, for his Heroic Courage and Conduct at Sea, and 30000 l. to the King's Guards, or of all the Prizes taken by the King's Ships, or the Money Granted for the Princess of Orange her Dowry, English Ships and Goods Condemned as Prize, in the several Admiralties of Holland, Zealand and Friesland, in the last War amounted unto the value of three Millions and half Sterling money. or of the Tenths of 1500 English Sips (Dutch Prizes in the last War) due to the Prince of Orange as Lord High Admiral, or his other advantage of advancements by that War nor even of the vast Sums owing to the Proprietors and Interressed (in this humble Address) for moneys advanced and disbursed by their Ancestors towards the ordinary charge of the Crown, before the year 1640. Yet all these Memorials were not sufficient Motives to the Ministers of State, who kept the King's Conscience and Treasure of the Nation (to be mindful of the Honour and Interest of the King and Kingdom) but suffered those Patacoons to be kept out of England, which ought to have gone towards satisfaction of the Bona Esperanza and Henry Bona Adventura, that have made such a sound in most parts of Christendom, and will still Echo to the Heavens; until Justice be done. XIV. That after several other Proprietors and persons Interessed in divers other Actions depending at Law for many years together, in the ordinary Courts of Judicature in Holland and Zealand, upon obligations, civil Contracts in Trade and Commerce, and Bills of Exchange, for several Sums of Money, amounting in all to 147028 l. Sterling, against Jacob Pergens, of Amsterdam, the Heirs and Executors of Sir Jacob Cats, Sir Peter Courten, Peter Boudaen, David Goubard and others, most of them being ready for Sentences and Determination; The States of Holland against all common Right, in the year 1676. sent their Express Orders to the Judges of the Inferior Courts in Amsterdam, the Provincial Courts of Holland, and Supreme Court of Judicature at the Hague, that they should refuse to do any manner of Justice therein, upon pretence that all the particular Actions of Englishmen were Extinguished and Discharged by the Treaties aforesaid, under the notion of Offences. Injuries Damages and Losses. A Praecedent of that dangerous consequence (if permitted to pass under such forced Interpretations) that no Englishman can be safe in his Estate and Propertie, that Trusts any Money or Goods into the Hands of Hollanders or Zelanders. Wherefore we your most humble Appealants, having sought after relief in all other Courts and Counsels, at home and abroad, without any Remedy or Effect, do most humbly pray, that our Rights and Properties may be ascertained and preserved by judgement of Parliament, and that some seasonable means may be used for their Redress and Reparations upon such several Recommendation of both Houses to his Majesty, as may be consistent with the Justice of Parliament and the merits of your most grieved and oppressed Appealants respective Causes. William Courten Esq Grandchild and Heir of Sir William Courten. Thomas Kynaston Merchant, surviving Partner with Sir William Courten. Gilbert Crouch Gent. one of the Executors and Assignee of Francis late Earl of Shrewsbury. Sir Edward Graves Baronet. Richard Harrison Esq Sir Thomas Wolstenholm Baronet. George Carew Esq Administrator of Sir Paul Pindar. Elisabeth Whitaker, Executrix of Charles Whitaker Esq James Boeve Merchant. Bazilla Lloyd, Executrix of Sir Peter Vanlore. Mark Fletcher Merchant. Sir Thomas Davis Kt. Thomas Norton Merchant. Thomas Coppin Esq on the behalf of themselves, and the rest of the Proprietors and persons Interessed and concerned.