To the Honnorable: The Knights, Citizens, and Burgesses, in Parliament, assembled. The humble Petition of George Carew, esquire Administrator of the goods and Chattles of Sr. William Courten Knight deteased, (with his will annexed) John White, and James Boeve, of London Merchants, on the behalf of themselves, and divers others, his Majesty's good subjects of England. showeth: THat the due Administrations of Justice, and Equity, have been delayed, and denied, in the ordinary Courts of Judicature in Holland, and Zealand, upon civil actions at Law, for these twenty six years, last passed, to the great Damages and oppression of your Petitioners, and many Orphans, and Widows, claiming under them. As by the several cases, in the 36. Articles, hereunto annexed appears. That the Lives, Liberties, and Estates, of other Englishmen abroad, are liable to the like Prejudice, and Dangers, if it be not made a national concern, to protect the subjects of England, in foreign parts, and particularly to require Satisfaction, and reparations, in the respective cases of your Petitioners, according to the Circumstances of their Greviances, mentioned in the said Articles following. And forasmuch, as there is no other remedy left for your Petitioners relief, but by complaint in Parliament, after so many Intercessions of his Majesty, and his Ministers at the Hague, to the State's General in vain. The People of Holland, and Zealand taking advantage of their popular Interest in England, to expose the Honour, and Reputation of the King, and Kingdom, to scorn, and contempt, by their open, and manifest denials of Common justice, to Englishmen. YOur Petitioners do therefore most humbly pray, that your Honours, would take their Complaints into your most serious considerations, to the end, that some effectual means, may be used, upon your Recommendation to his Majesty, that right may be done according to the merits of their respective causes. And that hereafter a summary way may be had, in the unied Netherlands for justice, as is used to strangers in England by neutral, and unconcerned Persons. And your Petitioners shall ever pray, etc. April 15 ' th', 1675. Whereas the preservation of all men's rights, and property, consists in the Execution of Law, and Due administration of justice; which on the contrary, being obstructed or denied. All civil Society and Commerce must necessarily determine and be destroyed. And lest any thing in these 5. cases, might be drawn into consequence, or made Precedents to the disadvantage of others, for want of appealing to the Parliament for redress. The matters of fact are briefly and faithfully recollected, out of the original writings, papers, and records, for public View. 1. THat Sr. William Courten of London, Sr. Peter Courten of Midleburgh in Zealand, his Brother, and john Moncy of London Merchant, their Brother in Law, traded together with a joint stock of fifty thousand pounds sterling, to several parts of the World, for the space of 25. years. 2. That a moiety or half part of the Stock belonged to Sr. William Courten, and to Each of the other, a fourth part. The general Books of Trade being kept by Sr. Peter Courten, who died at Midleburgh, in the year 1630. before the accounts of the Company were settled, and left Peter Boudaen of Midleburgh Merchant, his Nephew, his sole Executor. 3. That john Moncy, at the Request of Sr. William Courten, in the year 1631. went from London to Midleburgh, to settle the accounts of Trade, which had not been Liquidated in 14. years before, wherein rested a very considerable part of Sr. William Courtens Estate, both in money and goods. 4. That before the accounts were perfectly finished, john Moncy fell sick of a Lethargy, whereof he died on the 17. th' of October 1631▪ at the House of Peter Boudaen, who framed Mr. Moncys will, when he was not Compos Mentis, wherein the said Peter Boudaen, nomminated himself Executor, and inserted a proviso, in the will, not to be liable to discover Mr. Moncys Estate to any Person in the World. 5. That afterwards, Sr. William Courten, entered upon an other Commerce, for trading Voyages to the East-Indies, but could not during his life, obtain any balance of the accounts, of his former Trade, from Peter Boudaen, or any moneys out of his hands, and left William Courten his son and heir, his sole executor, and died in the year 1636. 6. That William Courten the Executor, having sustained several Losses, by the Hollanders, and others in Asia and America, contracted many great debts, and assigned his Ships and Stock in the Indies, to Sr. Edward Littleton, and Sr. Paul Pyndar. Towards payment of his debts, & then absented himself, upon news that the East-India Company of the Netherlands, had violently seized and taken into their possession his two Ships Bona Esperanza and Henery Bona Adventura of London, with their fraights and lading, for trading with the portugals, that were then in Common Ammity, both with England, and Holland. 7. That the said William Courten transported himself for Itally in the year 1648. where he died intestate, leaving his Father's Estate unadministred, and the said accounts unsettled, through the iniquity of the times, whereof Mr. Boudaen took advantage. 8. That john White, and james Boeve, having married Susanna, and Hester de Wire, the daughters of the only sister of john Moncy, (who had promised to make them his heirs, having no children of his own) caused the said Peter Boudaen, to be cited into the Prerogative Court of England, in the year 1651. to prove Mr. Moncys will by witnesses, which he had sent to be exhibited there, in Common form, and consequently drawn 30000 p. sterling of Mr. Moncys Estate out of London. 9 That Peter Boudaen refused to be conformable, to the said citation, pretending he was not subject to any foreign judicature, although the proper Court to take Cognizance of the will, where it was exhibited. Then after several other Admonitions, and Letters Requisitory from the judge. Letters of Administration of the goods, and chattelles of john Moncy, was granted to Hester White, the surviving Niece of john Moncy. 10. That Hester White in the year 1652. summoned the said Peter Boudaen, before the Magistrates of Midleburgh (to have an account of john Moncys Estate as dying intestate) who excepted against her quality, as Administratrix, pretending that there was a will, although the probate was denied. Nevertheless the said Magistrates in regard Mr. Boudaen, was an Elder of the English Congregation, in Midleburgh, they declared that Mrs. White was not receivable in her quality as yet. Which was a manifest denial of Justice in Zealand, and a wrong to the Judicature of England. 11. That Mrs. White appealed from the Sentence of Midleburgh, to the supreme Court of judicature at the Hague, where after 4. years' attendance and great expense, a Sentence was there pronounced, on the 19 of May. 1657. That Provided Peter Boudaen obliged himself to satisfy all Pretenders, Creditors, and others, that might pretend, to the Estate of john Moncy, that then the Administratrix, was not grieved, by the Sentence of Midleburgh; but in case of refusal, they condemned him, to account with Mrs. White, for Mr. john Moncys Estate, reserving such right, as any person might pretend to the validity or invalidity of Mr. Moncys will. Which was nihil ad rem. but very impertinent, and a positive denial of Justice, in the supreme Court of Judicature of Holland, to set up a false Executor in Zealand, against a legal Administratrix in England. 12. That after Peter Boudaen had obliged himself, by a notoriall Act, in persuance of the Sentence of the High Court. Mr. Boeve summoned him before the Magistrates of Midleburgh, for the payment of a Legacy of 2000, p. (with interest and damages,) given to his Wife by Mr. john Moncy, where he obtained a Sentence on the 11. th' of February 1660. that Mr. Peter Boudaen should pay the said Legacy with damages, provided the Interest should not exceed the Capital. 13. That Peter Boudaen appealed from the said Sentence, to the supreme Court of judicature at the Hague, where the suit hath depended these 15 years, contrary to all reason and equity, upon Countercharges, and vexatious pretences of Boudaen, to the damage of Mr. Boeve, ten thousand pound sterling, besides the loss of his employment, in trade and Merchandise, whereby he hath impoverished himself, and his Family. 14. That Letters of Administration, of the goods and chattels of Sr. William Courten with his will annexed being granted to the said G●●rge Carew (after the death of William Courten the Executor) he gave a general Procuration in the year 1662. unto james Boeve who summoned the said Peter Boudaen before the Magistrates of Midleburgh in the same year, and prayed by his bill that Peter Boudaen, should be enjoined to account with Mr. Carew concerning the Partnershipp in his quality as administrator of Sir William Courten, or be ordered to deposit the general Books of Trade, and other papers into the Secretary Office of the said City, or any neutral place, that an account might be settled▪ at a joint charge, in the presence of Mr. Boeve, who was a servant to Mr. john Moncy, and knew how to settle the same. 15. That Peter Boudaen, being a Director of the East-India Company, and one of the Common Council of the City, was admitted by the Magistrates to demand caution of Mr Boeve for Costs, before they would proceed, which was never demanded in any such cases before. And after Mr. Boeve had given sufficient caution accordingly, the Magistrates took Exeption against it, and would have other caution, purposely to delay Justice, which continued so, during the Dutch war, until the death of Peter Boudaen. 16. That Sr. jacob Cats late Pensionaris of Holland, became bound on the 29. of July 1631. at London to Sr. William Courten for 3000 p. sterling which money continued at interest, after the death of Sr. William Courten, than his Sonn and Executor delivered the said bond, with a Letter of Attorney to jacob Pergens of Amsterdam, who put the same in suit against Cats at the Hague, in the Provintiall Court, who removed it to the supreme Court, where Mr. Carew intervened by his Process in the year 1662. for the said debt and damages as administrator of Sr. William Courten, according to the Law of England, the Executor being dead, during the prosecutiou of Pergens. 17. That the Advocates of horh sides agreed the case by consent, and transmitted it to England, for the judges opinion, who subscribed their judgement, in the presence of Major Wright, a public Notary to this Effect; That by the Law of England, the money due upon the bond from Sr. Jacob Cats, was vested in Mr. Carew the administrator, after the death of William Courten the Executor, who could not assign a bond, by the Law of England, being a thing in action. 18. That Advocate Sass, and the rest of Mr. carew's Council at the Hague, delivered an authentic Copy of the judges Opinion, in Latin, to the Lords of the supreme Court of judicature, and pleaded further: That by the instructions of their own Court, a stranger being to be admitted, at his first instance, they were positively obliged to give Sentence, according to the Laws of England, where the money was lent and the bond given. The Parliaments in France, and all Nations, governing themselves, in cases of Contracts, according to the Law of the place, where they are made. 19 That notwithstanding all the Arguments, and Results of the judges, and Lawyers, john de Witt being a Kinsman of Pergens his wife, he prevailed with the Lords of the supreme Court of judicature, to give Sentence in the year 1663. that the Debt, Interest, and Damages, should be paid to Pergens he giving caution, to save hermeless, and indempnisied, the said Cats, and his Heirs against Carew, which was a vyolation of the Law, to the prejudice of Mr. Carew, and other Creditors of Sr. William Courten, the sum of 5000 p. and upwards, that aught to be refunded, upon a national demand. 20. That upon the Addresses, and earnest Solicitations of the Creditors, and Adventurers with Sr. William Courten. The King and Council insisted upon Satisfaction, and Reparation, from the Hollanders in the year 1662. for the two Ships Bona Esperanza, and Henery Bona Adventura of London, his Majesty signifying by Letters, under his sign manual, to the State's General. That he was obliged in justice and honour, to see it effected accordingly. 21. That upon Consideration, Polleron should be restored, and satisfaction given for the two Ships Bona Esperanza, and Henery Bona Adventura. All other damages, and injuries done in the East-Indies, to his Majesties subjects before his Restauration, were to be mortified and extinguished, by the 15'th Article of the Treaty concluded at Whithall 4'th of September 1662. 22. That the King's Commissioners; The Duke of Albemarle, Earl of Manchester, Lord Holles, Lord Berkeley, Sr. George Carteret, Sr. Edward Nicholas, and Sr. William Morice; And the Dutch Ambassadors Mr. Simon van Hoorn, and Mr. Michiel van Gogh, agreed in particular Terms before the Conclusion of that Treaty (that the damages concerning those two Ships, should be adjusted at the Hague, and satisfaction given there, where the Controversy depended between Sr. George Downing, and the deputies of the State's General) As appears by certificate under their hands and seals. 23. That in persuance of the said Treaty, and Agreement, two years' time was afterwards spent at the Hague, and Amsterdam, in Applications, to the State's General, and the East-India Company, for satisfaction and reparation, of the debt and damages (which amounted unto 150000 p. sterling and upwards) that could not he acquired, unless a fifth part might be accepted for the whole, including 85000. gilders to be refunded by Mr. Pergens, or his caution towards it. 24. That the Creditors, Adventurers, and Partners with Sr. William Courten, finding themselves aggrieved, and the King's honour so publicly exposed, by the Hollanders, they addressed themselves, with the State of their cases, unto the House of Commons, in the year 1664. who voted to assist his Majesty, with their lives and fortunes, in recovering Satisfaction, and Reparation, for the said Losses, and Damages, sustained by the Hollanders and Zelanders. 25. That upon fresh applications, made to his Majesty, by Francis Late, Earl of Shrewsbury, William Loyd, Charles Whitaker, Esquires and several other Creditors of Courten, Littleton, and Pindar, with the surviving partners of Sr. William Courten, after several References to the judges, and King's Council at Law, who reported that it consisted with Justice, and the Laws of Nations, for his Majesty in that singular case of the ships attended with so many Circumstances, to grant letters of reprisal, against the State's General and their subjects to continue in force, in all times of peace and war, until the sum of 151612. p. sterling with all incident costs and charges should be reprised. Which was granted unto Sr. Edmond Turnor, and George Carew, their Executors, Administrators, and assigns accordingly, as by the letters Patents, under the great Seal of England, dated the 19. th' of May, 1665. enrolled in Chancery, may appear. 26. That the Hollanders nevertheless, pretend to be released and discharged, of the said debt by the Treaty at Breda, concluded in the year 1667. without any paymant, or compensation made, to the interessed, and would seem to charge, the same upon the Crown, if any thing should be taken, from them, by force of the said patent. 27. That upon new addresses, made to the King, and Council, by George Porter, & Thomas Coppin, Esquires, Thomas Kynaston, George Townesend, Merchants, and others, joining with them, imploring his Majesty's further aid, and protection, in the premises. It was by order of the Council Table, dated 22. of March 1671/2. referred to the Lords Commissioners of the Treasury, and the two principal Secretaries of State, whose report was drawn up, by Sr. Robert Howard, dated 29. of June 1672 signifying to the King, that the State's General having canceled the obligations of all past Treaties, and Agreements by breach of their articles, his Majesty and his subjects, in that case of the Ships Bona Esperanza, and Henery Bona Adventura, were as free both in Justice, and Equity, to require satisfaction and reparations, (according to the debt already stated under the great Seal of England) as if those Treaties had never been made. 28. That in persuance of the said report, the King sent his Letter dated the 7. th' of july 1672. to the Duke of Buckingham, and the Earl of Arlington, (when they were treating with the French King, and the State's General at Utrecht) requiring them to demand satisfaction, according to the said report, his Majesty further intimating, his care to protect his subjects, in their just rights, as well as to assist them in recovery thereof. 29. That the Commissioners from the State's General, than Resident at Hampton Court, gave a passport dated the 5. of july 1672. to Mr. Carew to travel into Holland with his Servants, who took with him the King's letters, orders of Council, report, and several other papers, and writings, relating to the premises. Yet notwithstanding the States of Holland committed Mr. Carew, and Mr. john Sherland, close prisoners, took away all their writings, and baggage, and detained them as criminals, without access, during the war, where they were jubject, to many affronts, & abuses, both from the States of Holland, and the tumultuous inhabitants there. 30. That james Boeve, was by the contrivance of old Boudaens Sons, and their confederates, kept in Prison, at the Hague (upon a feigned action of Mr. vander Helm, and Mr. Rymsdike, in the Admiralty of Zealand) for the space of 4. years, purposely to obstruct him in the prosecution, of his own, and Mr. carew's affairs, and afterwards in the month of December 1672. pretending he was a confederate of Mr. carew's, who (they said) had obstructed the good intelligence between England and Holland, by prosecuting the actions, and demands, against the East-India Company, and others, they withdrew their action upon Mr. Boeve and caused him to be charged, as a criminal also, and took away his books papers and writings, relating to the said actions, and kept them during the war, so that they could not be made use of at Cologne, pursuant to an order of the Council Table 10. th' of May, 1673. 31. That Don Pedro Fernandez de jovar & Valasco, Marquis del Frenza, the Spanish Ambassador at London, by procuration from the State's General concluded a peace with his Majesty, in the month of February 1673/4. whereby is confirmed and renewed (in the 7. th' Article) the Treaty of Breda, as also, all other former Treaties in their full force and virtue, but no further notice taken of the Bona Esperanza, and Henery Bona Adventura. The States of Holland pretending that the King is to give Satisfaction to the claymours, out of the moneys, to be paid by the States. 32. That after the Conclusion, of the peace, Pensionaris fagel proposed to Sr. Gabriel Silvius at the Hague. That if the King would discharge the Dutch Prisoners in the Tower, and set them free of all costs, and expenses. That then the State's General would do the like by Mr. Carew, Mr. Boeve, and Mr. Sherland, where-upon Mr. Secretary Coventry did write, unto Sr. Gabriel Silvius, that the King was contented so to do, provided that his subjects should be first discharged, and have their writings, papers and baggage delivered, being committed, and detained contrary to the Laws of Nations, and Common right. 33. That after three week's debate, Pensionaris fagel proposed, that Sr. Gabriel Silvius, or Mr. Carew should give security, that the King should perform on his part, or that one of the three, should remain prisoner, until the King had performed, or that the charges and disbursments of the Dutch Prisoners, should be deducted out of the 200000. p. the King was to receive, by the Treaty, which was looked upon, by the English Prisoners, to be very dishonourable demands. 34. That then the States of Holland, finding by computation that the cost and charges of the Dutch Prisoners, would anmount unto 1500. p. or thereabouts, consented at last to discharge Mr. Boeve, Mr. Carew, and Mr. Sherland, computing their cost, and incident charges of imprisonment, to amount unto the like sum which they promised to pay, accordingly. 35. That notwithstanding the King did bona fide pay 1540 p. sterling for the costs and incident charges of Advocate Sass, Mr. Wacktendonke, Mr. pain, and Mr. Overscheld, who were really guilty of high crimes and misdemeanours; yet the State's General to this day have only paid 150. p. and left unpaid 1230. p. upon the account of Mr. Carew, Mr. Boeve, and Mr. Sherland (that died soon after hls' releasement of Melancholy humours, contracted in prison, for want of good company, air and exercise) where the Hollanders, will not be punctual, in littlr matters, there is small hopes of their performance in greater, who never kept a Treaty with any. 56. That Mr. Carew, after his releasement, knowing that Mr. Boudaen, had left his Sons and Daughters vast sums of money at his death, beyond expectation of the World, besides several of the best plantations, and possessions in Surinam, he went to Midleburgh, and sent a public Notary on the 8. th' of june 1674. unto john, Peter, and Henery Boudaen, and the rest of the Sons, and Daughters, of old Boudaen, to require an account of Sr. William Courtens Estate, resting in their hands, and in case of denial, to protest, for all costs and damages, already sustained, or that should be sustained, by their further obstinacy, and delays, who still refused to come to any account. Whereupon Mr. Carew revived, the former action against the children, that was brought by Mr. Boeve against the Father, upon M. carew's account, and gave other caution by a sufficient Merchant of the place to the liking of the Magistrates. Yet nevertheless they have admitted the said Boudaens (being directors of the East and West-India Companies) to make frivolous exceptions, against the judicature of England, only for delay, contrary to the very ordinance of their own Court, expressly contained in the 45'th Article of Instructions, for their proceeding at Law in Midleburgh. Where Mr. Carew hath ever since, to his great costs, and damages, daily solicited the Magistrates, Burgermasters, and Schepens for justice; in regard of Mr. Boeves age, who knows the accounts; And also complained unto Sr. William Temple, the King Ambassador at the Hague, who is not regarded there, upon any judicial Complaints whatsoever. IT is not unknown to several Members of Parliament, how many Families have suffered, in th●se cases, by the frauds and rapines of the Hollanders, and Zelanders, wherein the cries of many Fatherless and Widows, calls aloud at the Parliament doors, for a grand Inquiry to be made (for their releise) against the indirect practices and insolences of those people. Wherefore the Petitioners do (openly) appeal to the Parliament against the States of Holland, and Zealand, for all the Capital sums of Money, Losses, Damages, and incident Charges whatsoever; (sustained by the Petitioners, and other persons claiming the same) amounting unto the sum of two hundred and fifty thousand pound Sterling and upwards.