The Insinuation and Protest of Mr. George Carew: delivered to the Magistrates of the Principal Cities and Towns in Holland and Zealand, who have voices in the Government of those Provinces, and likewise to the Directors in the several Chambers of the East- and West-India Companies there respectively. UPon the second day of February, in the year of our Lord, 1676. English style, George Carew of ●ichmond in the County of Surrey in the Kingdom of England Esq; Administrator of the Goods and Chattels, debts and credits of Sr. William Courten and Sr. Paul Pyndar Knights deceased,( with there Wills annexed) and jointly Assignee with others, of Sr. Edward Littleton, and likewise of the Commissioners upon the statutes made concerning bankrupts against William Courten, Son and heir of Sr. William Courten, in right of all the goods, Credits, and Effects whatsoever belonging to the said William Courten in any parts of the world: and general Procurator of the Proprietors and Adventurers with Sr. William Courten in his Enterprizes to the East-Indies, China, and Japan; In the several qualities aforesaid: The said George Car●w personally appeared the day and year abovesaid before me Godfrey van Hill, Notary public( sworn and admitted by the sovereign Provincial Court of Holland,) residing in the city of Amsterdam, and in the presence of the Witnesses hereunder written, did solemnly and openly assert and declare the matters contained in the Aricles following, and protest against all persons whatsoever hereafter mentioned in the Provinces of Holland and Zealand, for all damages, costs, and Interests alr●ady sustained or that may be sustained for or by reason thereof. 1. WHEREAS King Charles the first( of ever blessed memory) in the year 1635. by His letters patents under the great Seal of England, for the reasons and Especial considerations therein contained, granted Licence with certain privileges unto Sr. William Courten and a Select Company of Merchants of London, and other adventurers in a joint stock with him to trade unto the East-Indies, China, and japan, and parts adjacent, in consequence whereof several Factories were settled at Maccao, Canton, Carwar and other places, by virtue of contracts with the King of Spain, and Vice-Roys in those other Kingdoms, Empires and Dominions respectively. 2. That several unkind Offices being done unto Captain John Weddall and Nathanaell Mountney Commanders of the two Ships name the Dragon and Catharine by the Officers and Ministers of the East-India Company of the Netherlands in their Navigations upon the cost of India from Port to Port on their trading Voyages, and threatening the said Weddall and Mountney, that if they arrived in any places where the Dutch East-India Company traded, that they would affront them, and watch for their returning home, and by what accident or misfortune,( which as yet is not publicly known or discovered) the said two Ships being richly laden for the account of the said Sr. William Courten and Company to the value of one hundred and sixty thousand pounds Sterling, and coming from japan bound for England in the year 1638. So miscarried, that from the time of their departure to this day the Proprietors never heard what became of the men, Ships, or Goods. 3. That afterwards the said William Courten Son and heir of Sr. William, with the rest of the Proprietors and Adventurers, in the year 1641. Set forth( amongst others) the Ships name the Bona Esperanza and Henry Bona Adventura with moneys and merchandise for supply of the said factories. 4. That William Courten in the month of April 1642. having assigned his share and stock in the said Ships and Company to Sr. Edward Littleton for payment of debts, and Sr. Edward Littleton in the month of December 1642. having assigned several sums of money out of the said Ships lading and fraights unto Sr. Paul Pyndar, the said Ships and their lading were surprised in the year 1643. by the Officers of the East-India Company of the Netherlands, who took them into their possession with all the books, papers, writings, contracts and journals on board, and detained and converted them to their own use, against all the Laws of property and common right. 5. That William Courten in the year 1644. Absented himself from his Creditors and became insolvent, yet combined with Jacob Pergens of Amsterdam in the year 1648. unto whom Courten made a subsequent assignment of his share and stock aforesaid, which indirect practise being come to the knowledge of Sr. Paul Pyndar and Sr. Edward Littleton, they intimated their right and property by jonas Abeels unto the East-India Company of the Netherlands, interdicting the Directors at their Chamber in Amsterdam from any transaction with the said Pergens, protesting for all costs, damages and interests, as by the Notarial Acts appears: yet notwithstanding in the year 1649. Pergens and the Directors of the Company made a colourable agreement for Courtens pretence of Action, for Eighty five thousand gilders, upon Caution of Peter Boudaen to indemnify the Company against Pyndar and others. 6. That in the year 1660. King Charles the Second being restored to His Crown and Kingdoms, the Proprietors and joint Adventurers with Sr. William Courten addressed themselves to His Majesty for relief concerning the said spoils and damages, who recommended the same to the States General, and provided by a special agreement in the 15. Article of the Treaty concluded at London, in the ye●r 1662. that those damages and spoils should be Amicably composed by conferences of State at the Hague between Sr. George Downing and the Deputies of the States General for English affairs: Whereupon Mr. John de Wit and Mr. Peter van Dam Advocate of the East-India Company with several Directors had sundry conferences and debates with Sr. George Downing in the years 1663. and 1664. in the Chamber of the States General: but the East-India Company would not come to any positive Agreement concerning the said damages, then his majesty in the year following granted special reprisals unto Sr. edmond Turnor and this Insinuant their Executors and assigns to be in full force and effect until the sum of 151612. pound Sterling should be recovered with Costs and damages from the States General and their Subjects: as by the copy of the said letters Patents under the great Seal of England hereunto annexed appears. 7. That James Boeve at the request of this Insinuant, in the year 1666. gave a copy of the said Patent unto Mr. Peter van Dam to show the Company that they might understand how His Majesty had granted a power out of himself unto particular persons, according to the Law of Nations, and so made the sovereign demand into a special grant upon record,( against which there is no averrment,) whereof the Company was obliged to take notice, and that nothing could obliterate or make voided the said Patent, but satisfaction of the damages or a composition with the persons interested in the said grant,( wherein the King was not deceived) being such a judicial Act no ways repugnant to the Laws of God or Man, whereby those spoils and damages done and committed in times of Peace and common Amity, should be recovered or reprised in the like times, if the East-India Company would not be inclined to make restitution by amicable means. 8. That notwithstanding the advice and admonitions, the East-India company of the Netherlands would not take any Cognizance thereof, but on the contrary John de wit and others, upon the surprise at Chattam, presumed that such a solemn grant could be mortified and extinguished by general words at Breda, without other satisfaction then new aggravations, for which the land mourns. 9. That in the year 1671. the Proprietors and interested in the Bona Esperanza and Henry Bona Adventura having made new addresses to his Majesty in Council, the said Cause was revived by several orders, references, and reports, all signifying, that the King was obliged in Iustice and Honour to require satisfaction from the States General and their Subjects for the said Ships according as it was settled in the said letters Patents. The States General having canceled all treaties by breach of Covenants. 10. That in pursuance thereof, the Original Orders and Reports and His Majesties letters were sent express with this Insinuant and others, to the Plenipotentiaries from the King at Utrecht and Cologne to insist upon satisfaction accordingly, the King having intimated therein, that His care in this affair should be as much to protect his Subjects in their just rights as to Assist them in the recovery thereof, all which came to the knowledge of the States General. The States of Holland having taken away the said papers& orders from this Insinuant, whom they detained a close Prisoner at the Hague twenty moneths, where he and his servants were affronted contrary to the Laws of Nations having passports from the States Commissioners at Hampton Court. on the 5. of julij 1672. 11. That to take away all differences and disputes concerning the said Ships and their lading, the States General( as they do allege) in the last Treaty at London agreed to pay 800000. Pattacons at 4. several payments, the first being only made, whereof this Insinuant received fifty pounds from Alderman Backwell, by order of the Right honourable Thomas Lord Viscount Latimer, Lord High Treasurer of England, and 150. pound from the States of Holland, towards his extraordinary expenses and incident disbursements during his Imprisonment. 12. That the Insinuant upon his releasement( without any prejudice to his further right and demands against all other persons,) assigned 5500. pound Sterling to Mr. mark Fletcher of Middleburgh, which money was resting in, the hands of jacob Pergens a trustee of Courten,( being particularly granted before to Sr. Paul Pyndar) in lessening of the debt and damages concerning the said Ships their fraights and lading, the payment whereof Pergens also obstructed by extrajudicial and impertinent orders of the States of Holland. 13. That although this Insinuant hath the greatest confidence in the Iustice and Honour of the King( who can do no wrong) yet being obliged in this Case to use his diligence wherein so many Families of Orphans and Widows are concerned,( whose bread is eaten by strangers) the Insinuant therefore hath not been wanting to address his humble requests severally to the King of Great Britain, and the States General concerning the same. 14. That this Insinuant being further obliged, by the importunities of several Creditors claiming under his Administration to put your Lordships of the common council of the several and respective Cities and Towns in Holland and Zealand, in remembrance, as also the Directors of the several and respective Chambers of the East and West-India Companies of the Netherlands, that until satisfaction and reparation be made according to the true intent and purport of the said letters Patents, the demands continue upon record ( in statu quo) the price of so much English blood and treasure already spent in the vindication thereof. 15. That the supreme Court of judicature at the Hague having denied the Insinuant admittance in a cause of intervention against Jacob Pergens upon a bond of 3000. pound, wherein Sr. jacob cats la●● chancellor of Holland stood bound unto Sr. William Courten; The Insinuant was renvoyed or removed to the Magistrates of Amsterdam as Competent Iudges of Pergens, who had made his exception of Burger-right, where the Insinuant was ordered to sue him; Nevertheless both parties having proceeded in Amsterdam and brought the Cause into a state for sentence, yet the Scheepens or Iudges refused to pronounce the same; Although the Insinuant constantly solicited the Lords thereunto throughout the whole year 1676. Where at last they alleged that the States of Holland had interdicted them from doing any Iustice therein, as by the deduction of the Case appears. 16. That the Scheepens or Iudges of Middleburgh and also the supreme Court of judicature at the Hague, have severally delayed and denied this Insinuant and Mr. John White and Mr. James Boeve, the due administration of Iustice and Equity upon divers judicial Acts and decrees of the Prerogative Court of England whereby they were sufficiently impowred to require an account of Peter Boudaen of Middleburgh Merchant deceased, and of his Sons and Heirs for several vast sums of money drawn out of England by Sr. Peter Courten in Company with Sr. William Courten and John Moncy upon their linen trade and other merchandises, whereupon the Kings Subjects were not only defrauded, but the judicature of England wronged by those Sinister practices, fomented by jacob Pergens, Pieter Boudaen and his Sons. The Insinuant therefore on the 6. day of November, 1675. made an interdiction and protest at the several Chambers of the East- and West-India Companies in Middleburgh prohibiting the Directors in the said Chambers to make any reparitions of moneys ( Pendente light) upon any Obligations or Actions unto Mr. John Boudaen, Peter Boudaen, Walter Boudaen, Henry Boudaen, Catharine Boudaen and Constantia Boudaen, Sons and Daughters of Pieter Boudaen, or to transfer or aleniate any such Action or Obligation belonging to the said Boudaens or either of them, for that it appeared upon record in England,( as a Capital offence for which Sr. William Courten was committed to Prison) that several great quantities of gold( which Sr. William Courten had taken up at interest of his Creditors) was transported to Sr. Peter Courten at Middleburgh, who had indirectly employed the same in purchasing of Original Actions in the East- and West-India Companies, and that since his death, the said Peter Boudaen and his Sons taking advantages of the Civill wars in England and the Iniquities of these times, have wholly refused to account for the sum of 122138. pounds Sterling gotten into their hands, as by the balance of the Books kept in England appears, and notwithstanding the said Insinuation, interdiction and protest was red by H. van Rijckegem Notary public in the Chamber of the East-India Campany at Middleburgh before Mr. Gillis Mueniux, jacob Hoorn, Mr. Daniel Fannius and Alexander de monk Directors of the Company, and ordered by the whole college to be registered in their Books, and that this Insinuant did also on the 3. March 1676. new style, make a presentation to the Magistrates of Middelburgh in writing to avoid all further troubles and inconveniences, that all differences, and accounts might be referred unto neutral Merchants and others there under mutual Obligations to abide their award, and final determinations, yet the said Boudaens have obstinately refused to come to any account, or to refer the same, but in contempt of all Laws and Prosecutions, admonitions and recommendations whatsoever do keep the Effects of Sr. William Courten, and his Sons Estates in their hands, to the prejudice of this Insinuant and all other Creditors claiming the same. WHerefore this Insinuant, being also obliged by Sacred Oaths and Covenants in the Prerogative Court to use his utmost endeavours for satisfaction of the said Creditors( who daily quicken him by their memorials) doth solemny protest, on the behalf of himself and the rest of the Proprietors, and all other persons whatsoever,( whose moneys were lent upon the several Obligations of Sr. William Courten, William Courten Esq; his Son, Sr. Edward Littleton, the late earl of Bridgwater, Sr. Paul Pyndar, Samuel Bonnell and David Goubard, yet standing out amounting unto two hundred& fifty thousand pounds Sterling and upwards) for all damages, Costs and Interest sustained already or that shall be sustained by reason of the premises, or any part thereof, against the worshipful Magistrates& Common council of the several cities,& Towns in Holland and Zealand, that have their deputies in those States Provincial, or council of State, Provincial Court of Justice, or supreme Court of Judicature, at the Hague respectively, and especially against the Magistrates of Amsterdam and Middleburgh, and the Directors of the East-India Company there; In Witness whereof the Insinuant hath hereunto set his hand the day and year aforesaid. George Carew. Declared and Subscribed in the Presence of Robert Parker. Henry Meoles. Godfrey van Hill Notary public. Mutatis Mutandis delivered in Dutch to the 18. several Cities in Holland, ( viz) Dort, Haerlem, Delft, Leyden, Amsterdam, Tergou, Rotterdam, Gorcum, Schiedam, Schoonhoven, Briel, Hoorn, Enckhuysen, Alckmaer, Medenblick, Edam, Munnenkedam and Purmerent. Also to the 6. States or Cities in Zealand as follow, viz. Middleburgh, Flushing, Camp-veer, Ter-goes, Zirickzee, Ter-tolen. And to the 6. Chambers of the East-India Company, viz. In Amsterdam, Middleburgh, Rotterdam, Delft, Hoorn and Enckhuysen. TO THE Honourable the Knights, Citizens and Burgesses, in Parliament assembed. The Humble Petition of Sr. Edward Graves and Sr. John Ayton Knights, William Whitmore, Charles Whitaker, George Carew, William Hinton, Thomas Coppin, Gilbert Crouch and Richard Jones Esquires. Mary Loyd, Hester Stiles and Elizabeth Bartlet, Widows, Richard Toomes, John Gifford, William Morehead, Eusebius Mathews, and Thomas Hamond Gentlemen. mark Fletcher and james Boeve merchants: On the behalf of themselves and many hundreds of His Majesties good Subjects of England, Especially concerned in the Cases annexed. Sheweth THat Sr. William Courten, Sr. Peter Courten, and John Moncy of London, Merchants traded in company many years together in the linen Manufacturs, and other merchandises, wherein Sr. William Courten had two parts of the stock, and Each of the other a fourth part. That Sr. Peter Courten settled himself at Middleburgh in Zealand, where he drew many vast sums of money out of England, which were taken up at Interest in London, and dyed indebted to the stock of the Company, the sum of 122138-10-16. Sterling, as by the balance of the Books kept in England hereunto annexed appears. That Sr. Peter Courten left Peter Boudaen of Middleburgh Merchant his Nephew sole executor, who possessed himself of all the Books of account kept in Zealand, and the Estate both real and personal of Sr. Peter Courten: and being afterwards questioned at Law by Mr. John White, James Boeve and George Carew severally concerning the said moneys; The said Peter Boudaen used all manner of Sinister practices to avoid coming to any account, and took advantage of the late times and troubles, to obstruct the ordinary Course of Justice during his life, as his Sons and heirs have since done the same; Whereby the due administration of Justice hath been often denied, and the Judicial Acts and decrees of the Prerogative Court, and High Court of Chancery, slighted and contemned in the Ordinary Courts of Judicature in Holland and Zealand, to the great oppression of your Petitioners and many Orphans and Widows, claiming the Effects of Sr. William Courtens Estate, and his Sons, as also Mr. John Moncies and Sr. Paul Pyndars gotten into the hands of the said Boudaens, Jacob Pergens and other inhabitants of Amsterdam and Middleburgh, as by the deductions of the several Cases hereunto annexed appears. Now forasmuch as your Petitioners are left without all other remedy( the King's recommendations to the States General for justice being also slighted and contemned) and it being of most dangerous consequence to suffer the judicature of England to be wonged, and the rights and properties of the Subjects to be lost, through the erroneous practices in foreign Courts of Iustice contrary to the Law of Nations: Your Petitioners do therefore most humbly pray, that your Honours would take their Grievances into your most serious considerations: And upon Examination thereof to represent the same, by special address to His majesty, that some speedy and Effectual relief way be had therein, according to the Merits of the said Causes. And your Petitioners shall ever pray, &c.