The case briefly stated between the East-India Company of the United Netherlands and the assigns of William Courten with some queries resolved upon the case. This text is an enriched version of the TCP digital transcription B08629 of text R173427 in the English Short Title Catalog (Wing C860A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 11 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 B08629 Wing C860A ESTC R173427 62369065 ocm 62369065 187820 2240864249

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 Early English books online. (EEBO-TCP ; phase 2, no. B08629) Transcribed from: (Early English Books Online ; image set 187820) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2846:4) The case briefly stated between the East-India Company of the United Netherlands and the assigns of William Courten with some queries resolved upon the case. 2+ p. s.n., [London? : 1680] Caption title. Place and date of publication suggested by Wing (2nd ed.). Imperfect: lacks all after page 2 ; pages creased and stained with some loss of text. Reproduction of original in: British Library. eng Courten, William, d. 1655 -- Trials, litigation, etc. Nederlandsche Oost-Indische Compagnie -- Trials, litigation, etc. Treaty of Breda (1667) Debtor and creditor -- Great Britain -- Early works to 1800. Debtor and creditor -- Netherlands -- Early works to 1800. eebo The case briefly stated, between the East-India Company of the United Netherlands, and the assigns of William Courten, with some queries resolved upon [no entry] 1680 2 1600 23 0 0 0 0 0 143.75 F The rate of 143.75 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2012-06 Assigned for keying and markup 2012-07 Keyed and coded from ProQuest page images 2012-10 Sampled and proofread 2012-10 Text and markup reviewed and edited 2013-02 Batch review (QC) and XML conversion
The CASE briefly stated , between the East-India Company of the United Netherlands , and the Assigns of William Courten , with some Queries resolved upon the Case ,

WIlliam Courten of London Merchant , May 12. 1641. being interested in the two Ships named the Henry B●●a Adventure , and Bona Esperanza , sets them forth ( inter alia ) to Sea for trading Voyages in the East-Indies .

William Courten being 〈◊〉 bred to several persons for 100000 l. Apr. 26. 1642. and upwards , and Sir Edward Littleton being bound with him for the said Debts , W. Courten grants all his Interest , Stock , Freight , and Merchandizes in the said Ships ( inter alia ) to Sir Edward Littleton for the Consideration of 20 s. and to indempnifie him from the said Debts ; Provided that if William Courten or his Executors pay the said Debts within 27 months , and save Sir Edward Littleton harmless , then the Grant to be void .

William Courten and Sir Edward Littleton by Indenture tripartite , Dec. 19 1642. reciting the first Deed , and a great debt of 24000 l. due to Sir Paul Pindar , for a further security of that debt , grants to Sir Paul Pindar , his Executors and Assigns , all the said Ships Stock , Merchandize , and their whole Interest therein with the policies of Assurance , under divers agreements ; the effect whereof is , that Sir Paul Pindar should have satisfaction by several proportions out of each Ship , and the residue to be to Sir Edward Littleton for the purposes in the said Indenture ; by all which it appears , that Sir Paul Pindar was not to have more then satisfaction of his Debt , but after that should be satisfied in fuch manner as is expressed in the said Indenture , the benefit of the Surplus was to be for Sir Edward Littleton and William Courten .

The Debts for which Sir Edward Littleton was bound , are not discharged within the 27 months , nor yet are discharged to this time , Anno 1663.

The Ship Bona Esperanz●● and her L●ding is surprized in her Voyage by the Agent : Anno 〈◊〉 and Ministers of the East-India Company of the Netherlands , and the Bona Adventure taken into their possession , to the damage of the Proprietors 85000 l. sterl . as appears by the proofs taken in the Court of Admiralty ; besides the damnum emergens by loss of their Trade .

William Courten makes a Letter of Atturney to Jacob Pergens of Amsterdam , Oct. 26. 1645. to sue the East-India Company for the said Ships and Goods , to the use of Courten .

Sir Paul Pindar makes a Letter of Atturney to Jonas Abeeles of Amsterdam , Feb. 11. 1647. to sue the said Company for the Ships and Goods , to the use of Pindar , and sent over his Indenture tripartite , setting forth the assurance and condition of the Grant at large .

William Courten having absented himself from England , Feb. 22. 1648. did in Holland make a pretended Bargain and transport of the said Ships and Goods to Jacob Pergens .

Jonas Abeeles intimated his Claim in writing , May 25. 1648. and sent it by a publick Notary to the Directors of the East-India Company , setting forth his Procuration from Sir Paul Pindar , and the Grant to him from Courten and Littleton as aforesaid ; protesting that if they made any agreement with Pergens , it should be of no effect , and that they should pay the money again to him in right of Sir Paul Pindar .

Jonas Abeeles caused to be arrested in the hands of the East-India Company , Nov. 13. 1648. all the money and total summe which should by liquidation and agreement to be made with the said Courten for the said Ships and Goods and the Escheevens in Court declared the 〈◊〉 to be v●d .

Notwithstanding the said Intimation , protest and Arrest , Sept. 18. 1649. the Directors of the East-India Company alledging the King of England was dead , made an agreement with the said Jacob Pergens and one David Goubart for 85000 Gilders , for the Ships , Goods and Dammages aforesaid , which was paid accordingly , upon caution given by the faid Jacob Pergens and Peter Boudan Courten , to indempnifie the said Company against ●indar and others .

Jonas Abeeles brought an Action Before the Escheevens in Amsterdam , Febr. 17. 1650. against the Directors of the East-India Company , for the said 85000 Gilders with Interest for the same , untill effectual payment thereof to him for the use of Pindar .

The Directors of the East-India Company summoned Jacob Pergens and Peter Boudan Courten before the said Escheevens , Sept 13. 1652. to indempnifie them from all after Claims of money , and to free them from all Costs and Damages of Sir Paul Pindar and others .

Sir Paul Pindar dyed , Anno 1652. and soon after Jonas Abeeles dyed , so the business rested untill the Kings most happy restauration into England .

Upon his Majesties Letters to the States General , Anno 1662. requiring satisfaction and reparation to be given to the partie● interested and injured , after many debates between Sir George Downing Knight and Barone● , ●us Majesties Envoy Extraordinary , and the Deputies of the States General for English Affairs , the Damages of the two Ships were excepted in the 15. Article of the Treaty made the 4th . of September 1662. from the general abolition of Injuries and Da●●●es , in these words : Hoc excepto , quod scilicet qui se jacturam passos dicant in duab● 〈…〉 , viz. Bona Ad●●●●a● 〈◊〉 Esperanza , poterunt litem inceptam prose 〈◊〉 Which was to be 〈◊〉 the way Sir George Downing had begun by the Kings Orders and Commands .

Sir George Downing in pursuance of his Majesties further Orders , An. 1663. & 1664. made several fresh Addresses to the States General for satisfaction of the said Damages , and that they would Order the East-India Company to liquidate the Accounts , and make restitution accordingly .

During the said dispute and controversie , the Advocates of the East-India Company made these two Objections ,

First , That the Grants to Sir Edward Littleton and Sir Paul Pindar were not good and effectual in Law , being only a Security , and that movables could not be transferred by Deed , without the possession given .

Secondly , That the Assignment from Courten to Pergens was valid , and the Composition made by him with the East-India Company good and effectual against Littleton and Pindar .

And desired to see the Opinions and Resolution of the most able Lawyers in England under their Hands , as to those Points , which was returned into Holland subscribed by Sir John Glynn , Sir John Maynard , and Sir Edward Turnor Speaker in Parliament , giving their Reasons of the Law in the Case at large ; affirming , That the Grant to Sir Paul Pindar was good and consequently that to Jacob Pergens void : asserting , 〈…〉 Amsterdam , for that the possession by the Law of England goeth with the property , and where the right or property is , there by the Law is the possession , unless some other person obtain actual possession as a Trespasser . Yet all proved ineffectual and to no purpose .

Then the King by his Letters Patents under the Great Seal of England , Anno 1665. reciting the substance of all the proceedings , with the Debt stated by the Judge of the High Court of Admiralty , amounting to 151612 l. and in whom the Property was vested , gave Commission and Authority to Sir Edmund Turnor Knight , and George Carew Esq to equipp and set forth Ships and Pinnaces to Sea , to seise and apprehend the Ships , Goods and Merchandizes of the Subjects of the States General , to be of force untill they should have reprized the said Debt , Damages and Charges to the use of themselves , and the rest of the persons interested in the same .

That after vast expences in setting forth Ships to reprize the said Damages , and before any thing considerable was gotten towards the charge of equipping the said Private Men of War , the Dutch during the Treaty at Breda made several Attaques upon his Majesties Ships at Chatham , and other Ports , and procured these Articles following ( inter alia ) to be agreed upon in the said Tre … .

〈…〉 Scotland , France and Ireland , and the States General of the United Netherlands , concluded at Breda July ●●/●● 1667.

Artic. 3.

Also , That all Offences , Injuries , Damages , Losses , which his said Majesty and his Subjects , or the foresaid States General and their Subjects have on either side sustained during this War , or at any time whatsoever heretofore , upon what Cause or Pretence soever , be buried in Oblivion , and totally expunged out of Remembrance , as if no such things had ever past .