Fraud and oppression detected and arraigned. Or An appeal to the Parliament of England in a short narative and deduction of severall actions at law depending in the ordinary courts of justice in Holland & Zealand, between diverse subjects of the King of England, and the subjects of the States Generall of the Seven United Provinces. With severall remarkable observations and animadversions thereupon, by the creditors of Sr. William Courten, Sr. Paul Pyndar, Sr. Edward Littleton and Willam [sic] Courten Esquire deceased. Faithfully recollected and digested into a method by G.C. a lover of his countrey. Whereunto are added some necessary advertisements concerning the improvement of navigation and trade.

The Case faithfully stated by the Appointment of the Lord High Chancelor of England, A^•. 1663. for the Opinions of the most Eminent Common Lawyers & Civillians in England.

WIlliam Courten, being Interessed in severall Ships and Merchandises therein, they are put to Sea on a trading voyage to the Indies, China and Japan.

William Courten being much indebted to severall persons, and Sr. Edward Littleton being bound for him to them, William Courten grants two of the Ships called the Paradox, and the Hester, and the fraight, &c. due to him for their service and imployment, and all his stock, fraights &c. in the other Ships; And the Policies of Assurance.

This Grant is made in consideration of xx. ••. and in generall for other considerations. Provided if that William Courten or his Executors, &c. pay the debts within 27. Moneths, and save S^r. Edward Lit∣tleton Harmless, that the grant then to be void.

William Courten and S^r. Edward Littleton reciting the first deed, and a great debt of 24800. •• for a further security of that debt, grant unto Sr. Paul Pyndar his Executors, Administrators and assigns, all the said Ships, apparell, stock of Merchandise, and the Policies of Assurance, and all their Interest therein, under divers agreements; the effect whereof, is: That S^r. Edward Littleton shall and may order and dispose of the returns, for Pyndars satisfaction, by severall proportions out of each Ship, and the residue to be to Sr. Edward Littleton for the purposes in the Indenture, and severall other agreements; by all which it appears that Sr. Paul Pyndar was not to have more then satisfaction of his debt; but after that satisfied in such Manner as is expressed in th' Indenture, the benefit of the surplus was to be for Sr. Edward Littleton, and William Courten.

The debts for which Sr. Edward Littleton was bound, are not discharged within the 27. Moneths, nor are yet discharged, as appears by the bonds & outlawries upon record.

Then the Bon Esperanza, one of the said Ships, is surprised in a hostile manner by the subjects of Holland, and the Henry Bonadventura, and her goods also taken into their possession.

William Courten, as is pretended, by subsequent bills of sale, assigns his Interest and all the Stock, &c,▪ to Jacob Pergens, who makes Composition for the same in the year 1649. for 85000. gilders.

The Question propounded is, whether this assignment to Pergens be valid, and the Composition made by him be good or no, or whether the grant to Littleton, or by him and William Courten to Pyndar be good or no?

WE Conceive that both Questions fall into one: For if Littletons or Pyndars grant be valid, Pergens grant & Composition is void against Pyndar & Littleton, & so á converso.

We Conceive that by the Common Law of England there can no doubt be made, but that the Interest & Property of the ships and Merchandizes in them, are really and effectually conveyed, and trans∣ferred first unto Sr. Edward Littleton, and then unto Sr. Paul Pyndar. And although it be so done under certain Conditions or Provisoes and agreements, yet till performance of such Proviso by Courten in Little∣tons Case, the Interest remained in Littleton, and when that Condition was not performed (as to this day it is not) the grant became an absolute grant. And Courten or his Assignee can never avoid it. And as for Pyndars grant, it is absolutely good, but the person of Pyndar is subject after satisfaction made to him of his debt, to give an Account, and make satisfaction to Courten and Littleton. But that power of drawing Pyndar to account no way lessens Pyndars right and property; he is perfectly proprietarius by the Common Law of England.

And this being a Contract made in England by subjects of the Crown of England, and touching their own Interest, we see not how it can be otherwise interpreted.

When Courten grants his Interest to Littleton, it hath no Condition, but that if Courten pay the debts within the time limited, when that time is expired and no payment made, the legall Interest is absolutely out of Courten, and becomes Pyndars, not as Assignee of Courten, but as Assignee of Littleton. Yet 'tis true that Pyndar after satisfaction to him of his debts, was to make satisfaction of the surplusage, but not at all till such satisfaction.

Then Courtens Assignee can have no more or greater Interest then himself had, nor could transferr any property to Pergens, because he himself had no property in the thing, but onely a possibility and a power to call Pyndar to account for the surplusage after satisfaction of Pyndars debt, and not before.

A Merchant of London may sell his goods in his Factors hands at Amsterdam; the possession, by the Law of England, goeth with the property. And where the right and property is, there by the Law of England is the possession, unless some other person obtains the actuall possession as a trespasser.

Subscribed by

• John Maynard.
• Ben. Hoskyns.
• Edward Turnor.
• Sam. Baldwyn.
• Will: Turner.
• Walter Walker.
• Timotheus Baldwyn.
• David Budd.

Notes

• Anno 1641.
• 26. April. 1642.
• 19. Decem. 1642.
• 3000. out of the Ship Bona Espe∣rance.
• 2500. out of the Bona Adventura.
• Anno 1647. and 1648.