S ^r. William Courten late of London Knight, S ^r. Peter Courten his Brother, and John Moncy of London Merchant, their Brother in Law, traded in Company to most parts of the world, with a joynt stock, for the space of 25 years and upwards. In which trade and stock, S ^r. William Courten had one half part, and each of the other two a fourth. Whereupon they took up many great summs of money at interest, in the city of London, and elsewhere, in his Majesties Kingdoms, which moneys were continued in the hands of the said Partners during their Lives, as the proper debts of the said Company, which are not paid or satisfied to this time.

The cheifest part of the said trade, consisting in Hollands, Dyapers, Damwsks, and forraign silk Manufactures, there required always a great stock of moneys and goods to be abroad in the hands of workmen and others, for which purpose S ^r. Peter Courten setled himself at Middleburgh in Zealand to correspond with all the Factors, Weavers, &c. Where he also kept the generall Books of the said Company for the whole trade out of England; and John Moncy likewise kept the Books of the said Company of all the trade and Negatia­tions in England, wherein the goods of the several warehouses in London, were brought into one journall and great book.

S ^r. Peter Courten in the year 1630. Anno 1630. died at Middleburgh, leaving his Nephew Peter Boudaen his sole Exe­cutor who took possession of all the books and Estate abroad, and charged himself with the accounts of the said Company, wherein S ^r. Peter Courten stood indebted unto the generall Stock at the time of his death the summ of 122000. pounds Sterling and upwards, the most part whereof being for moneys taken up at interest in England as aforesaid, upon the Companies account and remitted to him accordingly.

John Moncy, 1631. with Margaret his Wife (Mother of the said Peter Boudaen) arrived at Middleburgh at Boudaens house, whither they went purposely in the year 1631. with the Ballance of the books kept in England, to liquidate and settle the accounts of the Company with the said Peter Boudaen (the onely son of the said Margaret by Matthias Boudaen her first husband) where the said John Moncy, after he had advan­ced very farr in that work, fell sick of a Lethargie, having made his last Will and Testament (as is pretended) on the 17. of October 1631. died the day following, in which will and Testament Sr. Wil­liam Courten and the said Peter Boudaen were nominated Executors, wherein was also mentioned to be given the summ of 4000. pounds Sterling to the Children of the said Peter Boudaen, likewise 4000. pounds to S ^r. William Courtens Children, and 4000. pounds to Hester and Susanna de Wyer (the Children of John Moncys onely Sister) his Heyrs at Law, the Residue of his Estate to Margaret his Widow, after some small Legacies to the Church and Poor. &c.

Peter Boudaen sent the said Will into England, where S ^r. William Courten on the 26. of Iuly 1632. 1632. exhibited the same, in the Prerogative-Court, and made probate thereof in Common Form, the Court reserving the like power for the said Peter Boudaen. Nevertheless S ^r. William Courten left the Ad­ministration to Margaret the Widow of John Moncy, who sold all the Goods of the Company in her own name, that were in her custody, and received the moneys for the same, and the debts standing out for the Companies goods, sold by her husband, and remitted 4000. pounds thereof unto Peter Boudaen her son for the Legacies given to his Children by John Moncy as aforesaid, before any debts of the said Com­pany were paid, which was not lawfull for her to do, or for Boudaen to receive.

In the years 1633. 1633. 1634. 1635. and 1636. Peter Boudaen sent some part of the Companies Effects abroad, unto his Mother in Flemish and Holland Linen, in his own name upon a particular trade, and desired his mother that particular books should be kept thereof, which was done accordingly, by James Boevé her servant, that had lived with John Moncy and her self ever since the year 1628. The goods in that particular trade sent into England amounting unto the summ of 16000. pounds Sterling or thereabouts, was remitted from time to time by Bills of Exchange unto the said Boudaen, as by the ballance of the accounts in M ^r. Boevés Vindication appears.

S ^r. William Courten having used all his endeavours to state the accounts of the Company with Peter Boudaen, 1644. being very sensible of the Companies debts, died in much sorrow and grief in the year 1636. before the accounts were liquidated, at which time S ^r. William Courten stood indebted to severall persons [Page 2] upon the Companies account the summ of 56000. pounds Sterling, and unto others for the summ of 54600. l. upon his own proper account, besides 35600. l. that S ^r. Paul Pyndar had lent him in the year 1635. upon his own and his sons Obligations. S ^r. William Courten having expended vast summs of money some years before his death in Expeditions to the Barbados, which he first discovered, fortified, and plant­ed at his own proper Costs and Charges, and then was taken from him, and his Planters, by force and violence, his Officers and Servants murthered and spoiled, under colour and pretence of a right and pro­perty in the late Earl of Carlisle and his adherents, contrary to all justice and common right. As also in another good enterprise with Capt. John Weddall, Capt. Nathanael Montney, Endimion Porter, Thomas Kynaston, and other Participants to India, China and Japan, wherein severall Ships, Factories and store-houses were spoyled by the East-India Company of the Netherlands to the further dammages of Courten, and his Creditors, and the rest of the Proprietors.

S ^r. William Courten having left his onely Son and Heyr William Courten his sole Executor, he took upon him the Execution of his Fathers will, notwithstanding the great debts resting upon the Companies account, besides his Fathers own particular ingagements. Then Peter Boudaen sent Iacob Pergens into England to assist and advise Mr. Courten in his affairs, or to intreague him into some actions and accounts to his own prejudice. Whereupon he lent him the summ of 2111. pounds 18. ss. out of the moneys resting in England upon Boudaens particular trade, for which Mr. Courten did on the 3. of August 1636. give a bond in the penalty of 3000. pounds for payment of the said money unto Iacob Pergens, which bond was taken in trust for the use of Boudaen and his Heyrs, as by a Declaration under the hand and seal of Iacob Pergens hereafter appears.

In the year 1637. 1637. Mr. Courten sent a ballance of the books kept in London unto Middleburgh, wherein it appeared that S ^r. Peter Courten, and consequently that the said Peter Boudaen his Executor stood indebted to the generall stock the summ of 122139. pounds Sterling, most part whereof being for moneys taken up at interest as aforesaid by S ^r. William Courten and Iohn Moncy, and remitted by Bills of Exchange to the said S ^r. Peter Courten, who had contrary to his trust bought severall East- and West-India Actions with part of the said money, and expended more of it, in building great Houses at Middle­burgh, which are enjoyed by the Sons and Heyrs of the said Peter Boudaen. Notwithstanding the debts of the Company are yet standing out, and the accounts of the Company still standing open.

In the said year 1637. Iohn White that was a Cashier to S ^r. William Courten addressed himself in way of Marriage to Hester de Wyer (the Niece of Iohn Moncy) unto whom a Legacy of 2000. pounds was given as aforesaid, as also the like Legacy unto Susanna her Sister, whose Estate was gotten into the hands of the said Peter Boudaen. Whereupon Iohn White demanding of some Friends, how he should come by the portion, in case he should marry with the said Hester; David Goubard, who was Witness to M ^r. Moncys Will, and had been a Bookkeeper to S ^r. Peter Courten, advised M ^r. White to make a shew of questioning the said Will, and the inventory of Moncys Estate, which he did accordingly: then M ^r. Bou­daen used all means possible to break off the Match, which he could not do: so an Expedient was found out to pay that Legacy with interest: then the dispute rested (pro tempore) without further prosecution.

Iames Boeve Married with Susanna de Wyer, 1638. the other Sister, not doubting but to receive the like Le­gacy, and portion of 2000. pounds with interest, which was given by the said Iohn Moncy, or so appoint­ed in the said will: but Peter Boudaen refused to pay the same, pretending that he had none of Moncys Estate in his hands, nor had intermedled with the same as Executor or Administrator, and so not liable by the Laws of England to the said Legacy, where the Will was exhibited, and M ^r. Courten disclaiming the same, affirmed that Boudaen was a great debitor to the generall stock and to the Creditors of the Company, and therefore liable to the debts and Legacies of S ^r. Peter Courten and Iohn Moncy.

In the Month of Iuly in the said year 1638. M ^rs. Moncy having sold all the Companies goods, re­ceived moneys for the same, and disposed thereof to S ^r. William Courten and Others, she went to Middle­burgh to end her days with her Son Peter Boudaen, where she died in the year 1640.

William Courten indeavoring to preserve the credit and reputation of his deceased Father, Administred his Estate some years after his death, in which time he had perswaded the late Earl of Bridgwater and S ^r. Edward Littleton to be bound for 120000. pounds Sterling to diverse Persons in the Cities of London and Westminster, where they had drayned all the Scrive [...]ers, and Brokers about the Exchange, for the said money, that was employed towards payment of part of S ^r. William Courtens debts, and towards setting forth more Ships for the East-Indies, China, and Iapan to supply the Factories there, two Ships ☞called the Dragon and Katharin being richly laden, and strangely lost upon the Coast of India.

S ^r. Edward Littleton being pressed by severall of the Creditors for payment of the debts, Anno 1642. William Courten on the 26. of Aprill 1642. granted and assigned to him and his Heyrs by deed inrolled in Chancery, all his mannors, lands and tenements in the Counties of Worcester and Gloucester for the indempnity and counter security of S ^r. Edward Littleton and his Heyrs, against the debts: And likewise all his stock and Ships in the East-Indies for the more speedy and certain payment thereof. Soon after, S ^r. Paul Pyndar earnestly pressing M ^r. Courten for the summs of 24800. pounds, the remainder of that money lent to his Father as aforesaid, Sr. Edward Littleton aud William Courten did by an Indenture tripartite bearing date 19. of Decemb. 1642. grant, transferr and assign the Ships named the Hester and the Paradox and all their share and proportion of stock and Merchandizes therein, as also all theirffraights goods and stock in severall other Ships set forth upon trading voyages to the East-Indies. Nevertheless under certain conditions and provisoes, that the said 24800. pounds should be satisfied and paid by severall proportio­nable [Page 3] payments upon returns of the said Ships (viz) out of the Hester 4000. pounds, out of the Paradox 2000. pounds, out of the Bona Esperanza 3000. pounds, out of the Henry Bona Adventura 2500. out of the Planter 5800. pounds, out of the Loyalty 5000. pounds, and out of the Ship Unity 2500. pounds, and the Surplus to be disposed by S ^r. Edward Littleton and his Assigns, towards payment of the said debts for which he stood ingaged, as aforesaid.

The Ship Bona Esperanza and her lading was forcibly taken by the Officers and Mariners be­longing to the East-India Company of the Netherlands, 1643. in her passage between Goa and Maccao, and carried into Batavia, and there without any Process at Law, converted to the said Companies use to the Dammage of Sr. Paul Pyndar, S ^r. Edward Littleton and the Creditors, the summ of 75000. pounds Sterling and upwards. And in the same year the Ship Henry Bona Adventura with her lading coming on ground neer the I [...]and Mauritius, was taken into possession of the said Company, and also converted to their use, to the Dammage of the severall Persons interessed and concerned therein, the summ of 12000 pounds of thereabouts.

In the same year 1643. William Courten absented himself from his Creditors, and became insolvent, and was afterwards declared to be Banckrupt in the Month of Septemb. 1643. within the intent and true meaning of the severall Statutes in that case made and provided, as appears under the hands of Iames Winstanley, George Cotton and Thomas Bayles Esquires, Anthony Boys, Richard Norton and Gervas Billiald, Comissioners appointed under the great seal of England, to Execute the Comission awarded against the said William Courten grounded upon the said Statutes made concerning Banckrupts.

Iames Boevé finding no appearance of money in England, applyed himself to Peter Boudaen in Zealand for the said Legacy who had M ^r. Moncys Estate in his hands, and Laid his action severally against him before the Magistrates of Middleburgh, who admitted Boudaen to bring all the Exceptions that could be (in plead­ing the Laws and Customs of England, where M ^r. Moncys Will was exhibited by S ^r. William Cour­ten) to avoyd M ^r. Boeves pretence, who was kept in Process many Years together to his great Grievance and Expence, before any sentence could be obtained, however Boudaen appealed from the same to the su­pream Court of Iudicature at the Hague, where the cause is still depending upon further vexations and dilatory practises, and proceedings of Boudaen and his Sonns, to the ruine of M ^r. Boevé and his Fa­mily, by neglect and loss of his Comissions and other employment, to follow the said Process, as appear­eth at large in Boeves printed vindication.

William Courten the Heyr and Executor, being so involved in debts of severall natures, consults privately with M ^r. Iohn Rushout and other particular friends, how to preserve somthing abroad from the reach of his Creditors (if possible) for maintenance of himself and his family. And in order there­unto, first made a Letter of Atturney with an assignment to Iacob Pergens of Amsterdam dated the 31. of October 164 [...]. wherein is recited, that whereas S ^r. Iacob Catts of Dort, late Pensionaris of Holland, stands indebted unto S ^r. William Courten in a bond of 3000. pounds Sterling dated the 29. of Iuly 1631. for payment of 2080. pounds on the 12 of February following; And that the said William Courten being in­debted to the sayd Iacob Pergens for a great summ of Moneys he makes over the said Obligation and debt of S ^r. Iacob Catts unto the said Pergens, who fraudulently recovered the same seven years after the death of William Courten and his lady, as hereafter is mentioned.

William Courten made another Letter of Atturney or Procuration unto the said Iacob Pergens, on the 27. of October 1645. 1645. before Iohn Maurius publique Notary in London, reciting the Losses and Damma­ges sustained in the two Ships Bona Esperanza and Henry Bona Adventura, and therein gives a pretended power and Authority to the sayd Pergens to recover and receive the Money and Dammages of the East-India Company of the Netherlands, or to compound with them for the same, supposing that neither Sr. Paul Pyndar, nor S ^r. Edward Littleton would come to the knowledge thereof, being sequestred and in­cumbred in other affairs and debts of the Crown. Unto this Procuration were witnesses Maurice Thomp­son, and Iohn Rushout (as appears by the Register of the said Notary) who procured letters from the late Long Parliament, to M ^r. Strickland and Others in Holland in favour of Pergens.

William Courten having absconded himself three years in the Armies of the King, and the Parliament, resolved to depart the Kings Dominions, and end his days in Italy; but before his voyage, he got some moneys for his support of M ^r. Daniel Harvey, M ^r. Thomas Coppin, and others, unto whom he had preingaged his Lands. And then he nade another procuration, with an assignment, unto the said Iacob Pergens (dated 10. of Decemb. 1647. 1647.) of all his right and interest in the said Ships Bona Esperanza and Henry Bona Adventura, reciting the particulars of all the Dammages amounting unto the summ of 85000. pounds Sterling or thereabouts; and that he was indebted unto thesaid Pergens a great summ of money &c. The Witnesses to that Procuration were Ieremy Whitaker and George Gawton, as by the Re­gister of Iosua Maniett Notary in London appears.

S ^r Paul Pyndar and William Toomes coming to the knowledge of these fraudulent practises, appear­ed before the sayd Iosua Maniett on the 11. day of February 1647. 1647. English stile, when S ^r Paul Pyndar made a Procuration to Ionas Abeels Merchant of Amsterdam to recover and receive the said moneys and Dammages of the said East-India Company, belonging to him, concerning the said Ships Bona Espe­ranza and Henry Bona Adventura, and their Lading, as aforesayd: whereunto were Witnesses William Toomes and Richard Clay, as by the Register of thesaid Notary appears.

William Courten within few days after arrived at the Hague in Holland, and on the 27. of February 1647. [Page 4] old stile, he made another pretended Assignment, and Bill of Sale, to the said Jacob Pergens before Solomon van der Heyden, publick Notary, declaring therein a voluntary confession, that he had made over and transported unto the said [...]acob Pergens, all such right and action as appertained unto him the said Wil­liam Courten, from the East-India Company of the Netherlands, concerning the said Ships Bona Esperanza and Henry Bona Adventura and their lading, unjustly seized and taken away with all the letters, Bills, Books and Writings from the Cape Merchant Masters, and Mariners of the said Ships in the Straights of Malacca, and neer the Island Mauritius, by the Ships and Officers of the Dutch East-India Company. Wherein was further mentioned a power, and Authority, from the sayd Courten to Pergens to compound and agree with the said East-India Company, as he should think best, and most fitting, and to receive the proceed thereof, in payment of what was pretended to be owing, to the said Pergens. Provided that the sayd Pergens should pay the surplus to whomsoever should have the right thereunto, which act was underwritten by both parties, in the presence of the said Notary and two Witnesses viz. Dominique Colien and David Goubard, as by the Register of Van der Heyden the Notary appears.

Jonas Abeels having received the said Procuration and indenture of assignment from S ^r. Edward Lit­tleton and William Courten to S ^r. Paul Pyndar, 1648. with instructions to proceed thereupon, he made severall insinuations of his quality, and S ^r. Paul Pyndars interest, and likewise diverse arrests, in the Month of May 1648. with interdictions, and prohibitions, that the Directors of the said Company should not have any Communication or dealing with the sayd Pergens, or pay him any money concerning the said Ships and their lading, as by the severall acts of the publick Notaries and Officers, made at the Chamber of the East-India Company in Amsterdam, and by the Directors own shewing more par­ticularly hereafter mentioned.

The Directors of the East-India Company, nevertheless being met in a Committee of seventeen, at their Chamber in Zealand, whereof the said Peter Boudaen, brother in Law to the said Pergens, being one, he procured this agreement following, to be made at Middleburgh on the 18. of Septemb. 1649. 1649.

WHereas there are differences arisen between the honoura­ble the Directors of the licenced East-India Company of the Netherlands of the one part, and Iacob Pergens and David Goubard as well for themselvs, as also having procuration from the honourable William Courten, and Others interessed in the said difference at London on the other side, concerning a certain Ship named the Bona Esperanza, taken in the year 1643. neer the city of Malacca by the Officers and Ministers of the said Company (for some reasons moving thereunto) with the said goods laden therein: As also severall goods out of the Ship Henry Bona Adventura happily driven upon the Island Mauritius, and from thence brought to Batavia: Now so it is, that the aforesaid Iacob Pergens and Goubard at the generall Assembly of the Seventeen to make an end of the said pretentions, esteeming the said pretences at 100000. gilders, and hearing the offers of the Assembly, to give 70000. gilders, they submitted the other 30000. to the said Assembly, so they adjudged by these presents, to the said Pergens and Goubard for all their said pretentions, and dependencies thereof, nothing reserved, the summ of 85000. gilders, under that condition that they must give good caution for all after Demands.

All which being heard by the said Pergens and Goubard, they consented & accepted thereof, (bonâ fide) without any dissimulation, and hereof were [Page 5] made two severall acts, which were signed by both parties at Middleburgh in Zealand, 18. of Septemb. 1649.

And was subscribed with these severall names

• Iacob Pergens.
• David Goubard.
• I. C. Hayman. 1649.
• Iacob Roch.
• P. Boudaen Courten.
• P. Carpentier.
• Pieter van Santen.
• Adrian Besemen.
• Ian Vaericksz. Abbekerck.
• Hercke Iansz. Noortlant.

Whereupon Iacob Pergens gave a receipt for the said Money amounting unto 14166. l. 13. sh. 2 ^d. Flemish which was about 8000. pounds Sterling; and Peter Boudaen Courten gave an Obligation to save the Company in­dempnified from S ^r. Paul Pyndar, & others.

Jonas Abeels then summoned the Directors of the East-India Company, 1650. before the Sch [...]pens or Judges of Amsterdam, and concluded in his Process, that the said Directors should be condemned to pay him the said 85000. gilders, in right of S [...]. Paul Pyndar, relating onely to the 5500. pounds aforesaid, assigned upon those two Ships, Computing that with reasonable interest, it might arife to the like summ of money, at that time. Then the Directors summoned the said Jacob Pergens, and the said Peter Boudaen, to in­dempnifie the Company from Pyndar. But in regard of the multitude of causes usually depending in course upon the ordinary Roll in Amsterdam, no Strangers, after their first instance, can be heard in judge­ment for severall years. In the mean time S ^r. Paul Pyndar died, then Jonas Abeels died; afterwards, William Toomes, the Executor of S ^r. Paul Pyndar, died: so the cause abating, the whole Dammages and Demands rested in Abeyance, untill the Kings most happy restauration.

SOLOMON saith that patience is a vertue. And oppression makes the wise man mad: So that wisdom and patience, in some cases are inconsistent and cannot be reconciled.

Before the Law of Propertie there was no theft, all things were then in common. It was nevertheless naturall, when any man had the fruits of his Labour, taken out of his possession by another Man, he would take as much again from the party, when he found opportunity to do it.

The Learned Writers of the Roman Laws affirm, that Iustice delayed, is Iustice denied, and that Strangers are to be relieved by summar ways of proceeding to avoyd loss of time, after their first Dammages suffered.

Its decreed in the sacred Written Law, that they which take away any thing wrongfully from another, shall restore fourfold, which implyeth the Dammages sustained, for want of that which was taken away, and the costs in seeking after it. And there can be no absolution, or peace, but upon restitution, (where the Persons are able) and satisfaction given to the partys injured.

Oppression and unrighteousness, hath made the Land Mourn; Amboyna was lately shaken with Earthquakes, and Barbados visited with Hurricanes: And Batavia anciently called Jaccatra (when the English possessed it, and had a third part of the spice-trade by covenant) will, in due time, sink under the burthen, and spoyls of other Nations; The iniquities of one Age will certainly fall upon the succeeding generations. Foundations laid in bloud cannot long continue.

[Page 6] Moneys & staple Goods drawn out of a Kingdom, into another Land without account, turns to a double prejudice in lessning the power & strength of one countrey, by magnifying another, in parting with weapons out of their own hands, (Moneys being the nervs & sinews of peace & warr.)

The Hollanders hold it for a Maxime, that all the world is a cheat, & therefore they will have a hand in it.

The Iews, & other Renegado's, being a third part of Amsterdam, say, they must live by their Wits, their Land being taken from them & laid wast & desolate, for the wickedness & abo­minations of their Forefathers. They hold it no sin to cheat Christians; And will usually pick their pockets of their watches & money in the Synagogue, even at the same time when their Rabbi's are reading of the Law.

James Boevé an Englishman, having married with Susanna de Wyer aforesaid, one of the Nieces and Heirs of John Moncy, finding no possibility of getting her Estate, in England, removed from thence to settle himself in Middleburgh, where he built a house, and Inhabited there in the said City, presuming to get expedition of Iustice sooner there, against Peter Boudaen, the surviving Executor of John Moncy, then he should do, if he continued a Stranger: wherein he was much mistaken, as it fell out in the prose­cution of his Demands.

S ^r. William Courten being dead, and Margaret the Widow of John Moncy also deceased, William Courten the sole Executor of S ^r. William insolvent and fugitive; The said Boevé left without any other re­medy, complained against the said Peter Boudaen in the Prerogative-Court, where he obtained severall Citations, Mandates and Letters requisatory, directed to the said Boudaen & the Magistrates of Middle­burgh in order to procure an appearance from the said Boudaen to take upon him the further Execution of Moncys will, or shew cause why Administration should not be granted (with the Will annexed) to the said Boevé in right of his wife & her onely Daughter: which was rejected by the Magistrates of Middleburgh, who insisted upon the Custome of the City, that no Burger should sue his fellow-Citizen before any forraign judicature: but for what Boevé had to say against Boudaen, they ordered him to bring his action before them, as his competent judges; which he did accordingly; where Boudaen was admitted to stand fencing upon his guard & shifts for seven years together, pretending he was no Executor to Moncy, that he had also aban­doned his Mothers Estate, & so not any ways lyable to the Legacy by the Laws of England, where the Will was Exhibited, & Moncys Estate administred: and that he the said Boudaen had not intermedled therein as aforesaid.

John White & Hester his Wife, being informed what evasions the said Boudaen had made, 1651. concerning Mr. Moncys Will, his Estate, as also his debts & Legacies; And having sufficient grounds and reasons to suspect that Mr. John Moncys Will was forged and invalid; They entred the list, and took up the quar­rel (de novo) whereupon they procured likewise severall Citations, Mandements, & Letters requisatory, as Inhabitants in England, out of the Prerogative-Court, which were all executed in due form and manner for summoning the said Peter Boudaen as the surviving Executor of Moncys Will, Exhibited in the Prerogative-Court as aforesaid, to prove the same by Witnesses, and to bring in an Inventory of the Estate; all which acts & proceedings thereupon, are here omitted, in regard they are briefly mentioned in the Magistrates Letter of Middleburgh to S ^r. Nathanael Brent, and the last decretall order of the Prerogative-Court hereafter following.

Then Mr. Iames Boevé suspended all further prosecution upon his action and demand, untill he saw the Event of M ^rs. Whites proceedings at Law, which continued seven years at Middleburgh and the Hague.

This Letter gave no satisfaction to the Iudge, who did never meet with the like contempt and delays▪ so the Court proceeded to a Decree upon the defaults: as by the Register appears.

Hester White, 1652. having gotten the Letters of Administration of the Goods, Chatells, Rights, Debts, & Credits of John Moncy, under the Seal of the Prerogative-Court of England; She went to Middleburgh and exhibited her Process, before the Burgermasters and Schepens upon the Strangers Roll; as follows:

[Page 10] Upon this demand, were all manner of delays, & Evasions used before Boudaen would give, any answere, or make any exception in pleading, then at last he disputed against her quality as Administra­trix, and that she had no right to demand any such account: whereupon this Sentence followed.

From which Sentence M ^rs. White appealed to the supream Court of Iudicature at the Hague.

Where she continued Five years soliciting the said cause at her great Expences & Costs after severall Letters of recomendation from Olver Cromwell, to the States Generall. Before any Sentence was given; and this at last was obtained as follows.

It is very observable that this Sentence is Nihil ad Rem, and very impertinent to the Matter in issue. Notwithstending Olver Cromwell had written two severall Letters, to the States Generall, the contents whereof being likewise communicated to the States of Holland and Zealand, as also to the supream Court of Justice, where the cause had depended five years at the great Expenses & Costs of M ^rs. White.

Peter Boudaen having sent the pretended Will into England, Nota. to be duely registred, he concluded himself, and there was afterwards no other Competent Iudge in the world, to determine the validity of that Will and Testament of John Moncy, then the judge of the Prerogative-Court, for the time being. The Supream Court of Iudicature at the Hague intermedled with that, which was Coram non judice.

The issue was whether Hester White, was lawfull Administratrix or not, Boudaen was Legally cited, and after such contempts against a Iudicature in England, where he had so long Lived as a Free Deniz [...]n, and afterwards during his trade to England, injoyed the benefit thereof at the Custom house and other places, aggravates the offence beyond Measure. And such a president as this is an Earnest of all Englishmens fortunes and Estates, that fall into the hands of the Inhabitants or Burgers of Middle­burgh & Amsterdam, or any other Cities in Holland & Zealand.

The Process of Hester White, was to have an account of the Company stated in the first place, which ought to have been done for satisfaction of all Persons concerned, (Englishmen Especially) many Creditors of S ^r. William Courten and his son cannot find their proper remedy before the accounts of the Company shall be stated, and for want of that, they are without Relief to this day.

[Page 12] Here Peter Boudaen is made an Heir to John Moncy, which is repugnant to the Law of nature, and then decreed, that out of the Capitall of his Mother, as her Heir he shall satisfie all Pretenders against the Estate of John Moncy; which is very irrationall: For it is notoriousl [...] known, that M ^rs. Moncy: was a Woman of very small Means, her Former Husband, Matthias Boudaen dying insolvent at Rot­terdam. And Peter Boudaen had always abandoned his Mothers Estate, untill the Wolf was hunted so close that he could not make any further Escape. Yet rather then he would prove the Will by Witnesses, and account or adjust the books of the Company, he procured this impertinent Sentence from the High Court of Iudicature at the Hague, and so would keep the whole Stock of the Company, and other mens Goods & Moneys in his hands, and let the accounts of the Company stand open, and the debts remain for ever unsatisfied.

It is most lamentable, to consider the miserable Conditions, of many Men Women and Children, that Peter Boudaen hath occasioned, by his wicked practises. Sr. Peter Courtens last Will and Testament was made at Middleburgh on the 8. of January 1630. who died the next day following, lea [...]ing Peter Boudaen his sole Executor: John Moncys last Will & Testament was made on the 16. of October 1631. who died the next day after, and was Buried in the Choor-church at Middleburgh, in the vault with S ^r. Peter Courten.

There is a Law & Custom in Flanders and Brabant, grounded upon good reason and foresight, that the last Will and Testament of any person, that is not made twenty days before their death, shall be held null and voyd, which prevents the designs of preists, Fryers & others from great Legacies a [...]d donations.

In Scotland no Will or Testament is held good, when the party that makes it, hath not strength and sences to go to church, the market and the mill, that he may serve God as well as himself and his freinds.

WHat strength of sences S ^r. Peter Courten and Iohn Moncy had that died of Zealand-agues, and sleepy diseases, the day after their last Wills, in a Muddy Air, any intelligible man may conjecture, Especially since Peter Boudaen would not prove Moncys Will by Witnesses, there being onely a mark set in stead of his name to it, who did in his perfect health and sences write as good and Legible a hand as any man in Europe. But it was his fate to die of a Lethargie in Middleburgh, who was a very active and healthy man in England, Nescio mens Hominum fati sortisque.

It is convenient to shew the Ballance of the Companies books kept in England, for the trade in Company drawing to a Period in the year 1632. There being no more goods after that time sent upon the Companies account into England. The goods formerley sent were not all sold, nor Moneys re­received for them untill the year 1637. When the Ballance of profit and loss was also sent to Peter Bou­daen, who would not be brought unto any account, (for moving reasons.) Wherefore in the next following leaf M ^r. Peter Boudaens Letter to his Mother Aprill 27 ^th. 1637. concerning the accounts is printed, and the Bal­lance of the books kept in England also declared, with the Ballance of M ^r. Boudaens perticular trade.

SR. William Courten, after the death of his partners, was unwilling to commence any suits at Law against Peter Boudaen concerning the accounts, and Stock gotten into his hands. First, in regard he would not impeach the credit of the Company, which traded upon other mens Capitalls. Secondly, for that he was incumbred at Court, and in his new Undertakings to the East-Indies. Thirdly and lastly, for that Peter Boudaen and M ^rs. Moncy his Mother had always made fair promises that the books in Zealand should be liquidated, and repartitions made of the Stock when the Companies debts should be paid, which are not yet done: But left to the Six Sons and Daughters of Peter Boudaen unto whom the Land-Pyrate, at his death, left an Estate in Moneys, Goods, and Lands, to the value of 90000. pounds Sterling viz unto Peter Boudaen, John, Walter, & Henry, Constantia, & Katharine Boudaen proportionably unto Each 15000. pounds, before the accounts of the said Company were stated. Notwithstanding old Boudaen, knew that all the visible Estate both Reall and Personall of S ^r. William Courten, and his Son in England, was transferred and sold away towards payment of their own and the Companies debts. Nevertheless the remainder of both (amounting to the summ of 146000. pounds Sterling, prin­cipall Money) continues yet unsatisfied, to the great shame & scandall of the Fami­lies of Courtens & Boudaens, and dishonour to the Kingdom of England in suffering it, while so many people in his Majesties Dominions are undone for want of their Moneys.

Which was made good to him upon the Ballance of the accounts with I [...]es Boeve concerning that particular trade in the year 1639. who was servant to the said M ^rs. Moncy, and sold the said goods by her order for the proper account of the said Peter Boudaen, notwithstanding it was Bona-fide the proceed of the Companies Effects gotten into Bo [...]daens hands.

YEt, notwithstanding this Letter, M ^r. Peter Boudaen, nor his Heirs could never be brought to settle the ac­counts of the Company, who kept and still Keep all the English effects gotten into their hands and have used all manner of Sinister Practises, and Evasions from time to time, to avoyd rendring any account for the same, in contempt and reproach of the Iudicature of England and the Soveraignty of the Crown. Old Boudaen was much concerned that John White should offer to question M [...]. John Moncys will, who died suddainly at Boudaens house. Yett Boudaen would never make probate of the sayd will; Neither would be Magistrates of Zealand ever admit of any Citations out of the Prerogative Court of England to that purpose, although the will was Exhibit­ed there in Common form. And when administration of M [...]. John Moncys estate was many years afterwards decreed by Sr. Nathanael Brent to Hester White the next of kindred, upon the said Boudaens contumacy who was nominated Exe­cutor in Moncys pretended will and testament. The Ordinary Court of Iustice in Middleburgh would not allow her quality as Administratrix upon her demand of an account of Moneys goods; Neither upon her appeal to the Su­pream Court of Iudicature at the Hague from the Sentence against her at Middleburgh, would those Lords do her any right or Equity in the Case of her administration. Such Judiciall acts of the Prerogative Court were never refused admit­tance in any other Courts of Judicature in the world: and if this be permitted, no Englishman can be safe or secure in his estate, that falls into the hands of Hollanders or Zealanders.

[Page 14] [...]he generall Account, drawn out of the Companies Books kept in London, containing the Mon [...]ys and goods sent and remitted out of England by Sr. William Courten and Iohn Moncy, unto S ^r. Peter Courten, and Peter Boudaen of Middleburgh. translated out of low Dutch into English.

THis action of account is aggravated with such circumstances of Fraud and practise, that cannot be parralelled in any age of the [...] Peter Boudaen was the son of Mathias Boudaen, that married Margaret the Eldest Sister of Sr. William Courten, who fled with [...] Father for Religion into England out of Meenen in Flanderrs in the Year 1567 being then but three Years old, afterwards she [...] with the said Mathias a man of poor Extract from Antwerp, who setled himself at Rotterdam where he became Banckrupt, and [...] his flight towards England was drowned near unto the Briell leaving his wife and two children (at Roterdam) named Peter and [...] who soon after transported themselvs to London for relief from their Freinds. Afterwards Jacob Pergens a German borne [...] [...]ayd Anna Boudaen, and was made a free Denizon of England where they lived many Years together. And the Widdow Margeret [...] aged 42 Years, past hopes of Childeren having married with John Moncy the accomptant of S. William Courten in the Year 1606. the [...] then begun.

Peter Courten the Brother setled himself at Middleburgh in Zealand, having married the Widdow of M [...]. Furmenois of Cologne [...] a son and a Daughter, named Walter and Catharine, and bredd up the sayd Peter Boudaen his Nephew in his house to be an [...] his books, and married him to Catharine his daughter in Law against the consent of her Mother.

William Courten who raised his Fortune and Credit by the marriage of Hester Cromelinck his First wife (the Daughter of M ^r. Peter [...] a linnen Merchant from Cortrick) was a person of worth and honest principles. But being overladen with Years and busines trusted [...] integrity of his Brother and Nephew in Zealand, and upon his death bed desired Mr. Pergens being then present that he would assist [...] William Courten to setle the accounts which had not been liquidated since the Year 1622 that the debts of the Company might be [...] lay very heavy upon him and his Family.

Peter Courten dying in the Year 1630. left the sayd Peter Boudaen sole Executor and John Moncy also died in the Year 1631 at M [...]. Peter [...] house in Middleburgh, being arrived there to setle the sayd accounts of the Company, and to Ballance the books. However Peter [...] time away untill the Year 1640 that the Civell warr began in England, then Soon after William Courten the Son absented himselfe [...] insolvent.

[...] the Year 1650 a vigorous Suit was begun by John White and Hester his wife Niece of John Moncy (concerning the sayd accompts) [...] until the Year 1660, justice being possitively denied both in Middleburgh and the Hague where Boudaen was protected from [...] or even to suffer any inspection into the Companies books Kept by S ^r. Peter Courten, After the Kings restauration M ^r. Carew and M. [...] the list upon the same dispute, where they have been Combatants ever since, and can get noe ground. Boudaens and Pergens having [...] [...]agistrates of Amsterdam, Middleburgh and the Hague to be their seconds in dispite of Iustice and the Kings recomendations. And [...] Peter Boudaen the Father (who died in the Year 1668) and his sons having been directors of the East-India Company successi­vely since the Death of Sr. Peter Courten Anno 1630 and also Elders and Deacons of the English and Dutch congregations in Middleburgh, And Jacob Pergens a directour of the West-India Company ever since the Year 1643 and a member of the High-Dutch Church in Amsterdam are so linckt into such holy Fraternities and assemblies, that for their profession and religion sake they must not be detected in their evil ways and courses.

[Page 15] As also the goods and Merchandizes returned by Sr. Peter Courten & Peter Boudaen ac­cording to their severall Factories, since the Companies Accounts were last liquidated: Faithfully posted out of the Originall Books Kept by M ^r. Leonard Houtman, Iames Boeve & Peter van Dam, and brought over to the last Folio Anno 1632.

There needs no other argument to show the unrighteousness of the Case, than this plain demonstration: That S [...]. William Courte [...] and his Son, who had reall estates and great capitalls, died insolvent indebted 150000 pound Sterling and upwards: And that Boudaen and Pergens, who had little or nothing of their own, are grown infinitely rich with other mens goods and money. Gotten into their hands.

Yet the Hollanders and zealanders are so abominably vitious to report, when any Englishman comes over to call them to account, that they are seditious Persons, Desturbers of the peace, Enemies to the Welfare of their Countrey, and Men of dan­gerous principles to hinder the good intelligence between both Nations.

It is not onely a vast loss and prejudice to many particular Families in England, (to be thus kept out of their Estates) that have laboured all their lives to get something for their Children, whose bread is eaten by Strangers, but also a loss to the Kingdom in Generall, that so much of the money and stock of the Nation should be drawn out of the Realm to be improved against the Crown by a people, that are the worst Enemies thereof.

But above all these sad circumstances, the grand Concern and Interest, the Honour and reputation of the King and King­dom, will be irrepairably lost if the Boudaens and Pergens should not be compelled to come to account in this and other Actions, and to render every Englishman his due who humbly begs for relief therein at the Parliament, Doors.

NOTA. That this old bond made to M ^r. Jacob Pergens in trust, was assigned by him in the year 1675. to the Sons and Heirs of old Peter Boudaen to be brought in reconvention aginst M. Carew who had severall actions de­pending against them for moneys due to the said Courten, besides the Generall account of the Company, Which said bond M. Pergens had fraudulently made use of before in his pretended claims upon Mr. Courtens Ships by consent of Boudaen: Notwithstanding he was Bona fide indebted so many thousand pounds to S ^r. William Courten and his heyrs upon account of the Companies stock; as appears in the two foregoing pages; wherein the said debt was to be discounted; it being the proper Money of the Company that Boudaen had gotten into his hands, and so would not be seen to repay it upon the account of the stock; but got Pergens to procure M. Courten to give a bond to him as his per­ticular debt, which must be discounted when the books are ballanced. Although in stricktnes of Law, that debt should come in concurrence with other creditors of M. Courtens proper account. And the stock of the Company should be onely applied towards payment of the Companies debts. Noe repartition being to be made before the debts of the Company are payd aud the books liquidated.

[Page 17] IT is further Remarkable that Peter Boudaen, who had always refused to settle the accounts of the Company with S ^r. William Courten Knight, Iohn Moncy, William Courten Esq ^r. Exe­cutor of S ^r. William, Iohn White, Iames Boevé, Commissioners, or any other deputed in Law to call him thereunto, as Executor to S ^r. Peter Courten. Boudaen having renounced his Mothers Estate and the Execution of Iohn Moncys Will, untill the Sentence pro­nounced by the Supream Court of Iudicature at the Hague on the 19 ^th. of May 1657. He then questioned Iames Boevé for the said Moneys standing out upon his particular account from Banckrupts & others as aforesaid, & for the Moneys that the said Boevé had paid (by M ^rs. Mar­garet Moncys order) to M ^r. Iacob Pergens & others, which had passed cur­rent for 18. years together without dispute.

THen James Boevé in the year 1660. prosecuted his action depending before the Lords of Middle­burgh to a Sentence for the Legacy of 2000. pounds given by M ^r. Moncy as aforesaid. Whereby the Magistrates confirmed the Will, and annihilated M ^rs. Whites Administration. But condemned Peter Boudaen to pay the said 2000. pounds, with interest at 5. per cent: provided the interest should not Exceed the Capital: whereof two parts was to be paid unto James Boevé, and the third part unto his Daughter, born of the said Susanna de Wyer, according to the Contract of Marriage.

Then the King of England &c. sent his Letter of recommendation to the States of Zealand, dated the 15 ^th. of August 1660. requiring that M ^r. James Boevé, might have Execution according to the said Sentence: whereupon the Magistrates ordered a referrence of the whole Matter unto three of the Lords viz. M ^r. William Quirinz, John Reygersburgh, & Huybrecht de Hase, to accommodate the difference between both parties.

Nevertheless Boudaen appealed to the Hague, and procured a Sentence from the High Court of Iustice upon the 21 ^th. of June 1662. that James Boevé should give sufficient seucrity (before he should have Execution upon the Sen­tence at Middleburgh) to repay all such summs of Money as should be found due unto the said Boudaen, upon his Counter-Charges aforesaid, and by another Sentence of the 16 ^th. of May 1666. the High Court of Iudicature reserved to M ^r. Boevé his action against M ^r. Pergens for the 691. pounds 16. ss. 7. d. being Money found paid unto him more then his due upon any account whatsoever. Which hangs in suspence untill this day upon those [...]nconscionable practi­ses. And the Sons of Boudaen refuse to suffer any revision of the accounts to be made by Merchants, knowing that Mr. Boevé cannot be chargeable with bad debts upon Boudaens account, although Boevé had sold the goods by Com­mission as a Factor; much less as acting under Mrs. Moncy [...] Orders, unto whom the goods were consigned, by Peter Boudaen her Son.

THe Hollanders do boast that they have beaten the English (for some Reasons) out of the Seas, Amboyna, Poleron, Syrinam, Guiny, Mol [...]cco's, Muscovia, Canton, Maccao, Japan &c. out of their Forts, plantations and Castles, Ships, Goods, Moneys, Storehouses and trade in diverse places of Europe, Asia, Africa, and America. But to cheat them out of their sences and reason, and beat them out of their Municipall Laws & Customs in England, are Offences so Insolent and Unpardonable, that no true English-men, who have either courage or wit, can patiently suffer.

WIlliam Courten, Anno 1641. 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, 26. April. 1642. 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 Lit­tleton Harmless, that the grant then to be void.

William Courten and S ^r. Edward Littleton reciting the first deed, 19. Decem. 1642. 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; 3000. out of the Ship Bona Espe­rance. 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; 2500. out of the Bona Adventura. 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, Anno 1647. and 1648. 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.

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 trans­ferred 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 Little­tons 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.

WE whose names are hereunder written have seen a certain Copy of that Contract translated into Dutch bearing date the 19 ^th. of December 1642. Between William Courten Esquire of the one part S ^r. Edward Littleton Baronet, of the other part, and Sr. Paul Pyndar of the third part; And a perfect Copy of the Instrument of Procu­ration dated 27 ^th. of October 1645. from the said William Courten granted to Iacob Pergens; and a Copy of the Letters from the House of Lords in Parliament dated the 20 ^th. of March 164 [...] to the Resident Strickland in favour of the said Courten; likewise two perfect Copies of Letters from his Majesty of England, one to the Lords the States Ge­nerall, another to the Resident in favour of Courten and his Assigns both written on the 9 ^th. of Octo­ber 1647. Also the Authentick Copies of two Transports and procurations from the said Courten, one dated the 10 ^th. of December 1647. at London, and the other on the 22 ^th. of February 1648. here at the Hague granted to the use of the said Iacob Pergens: likewise a Copy of the Insinuation (made by Ionas Abeels, Procurator of the said S ^r. Paul Pyndar to the Directors of the East-India Company of Amsterdam, dated the 25 ^th. of May 1648. and of the arrest made the first of October 1648. in the hands of the Company, and a Copy of the Certificate from the Senators and Magistrates of the said City of the 7 ^th. of August 1654. with the assertion taken out of the Register of Causes Judiciall of that place in which the said Arrest was declared valid on the 13 ^th. of November 1648. and also a Copy of the In­strument of Renovation of the said Arrest dated the 2 ^th. of November 1649. and of the protest of the 11 ^th. of the same Moneth, & divers proceedings out of the Register of Judiciall Causes of the said City dated respectively the last of May, 21 ^th. of Iune, 13 ^th. of September, and the 8 ^th. of November 1650. and of the 14 ^th. of February 1651. containing the Request of the said Abeels exhibited against the Directors of the East-India Company aforesaid; And the decree of the Schepens or Judges, that the cause (saving the jurisdiction of the Court) should be in Statu, besides some particulars out of the same Register dated 13 ^th. of September 1650. containing the Request exhibited by the said Directors of the Company against Iacob Pergens to be indempnified, besides two Copies taken out of the Index or Repertory on the part and behalf of the English Merchants against the people of the United Provinces of the Netherlands, by vertue of the 30 ^th. Article of the peace before the Commissioners therein nomi­nated containing in the first, a Petition of William Tombes Executor of S ^r. Paul Pyndar, as to the Ship called Bona Esperanza for the summ of 72546. L. and in the second, a petition of the said Cour­ten for the summ of 60000. L. and Moulton and other Proprietors of the said Ship for the summ of 10000. L. Sterling; And a Copy of the Letters from his Majesty of England dated the 21 ^th. of March 1661/2. to the Lords States Generall; And a Memorial of Sr. George Downing Resident, dated the 20 ^th. of April delivered to the said Lords, and the answer of the said Lords to the same; and even by the express proofs taken against the East-India Company in the name and behalf of the said Courten and others interessed by reason of the loss sustained in the East-Indies; and another answer of the Lords States General to the Memorial of S ^r. George Downing, and his Reply of the 13 ^th. of Iuly; And a Lat­ter memorial of the first of September last, exhibited by the said S ^r. George Downing, concerning all things belonging to the said Ships called Bona Esperanza and Henry Bonadventure, that the said Cour­ten sent into the East-Indies; of which the first was confiscated, and the Goods of the other driven upon the Island Mauritius, and part of them saved by the Officers of the Company from whence these questions doe arise:

• 1. Whether the Company, notwithstanding the said Contract of the 19 ^th. of December 1642. or insinua­tions, protestations & Arrests, might not transact with the said Courten, or his Agent Pergens for the summ of 85000. gilders on the 18 ^th. of September 1649. as was actually done?
• 2. Whether the said Pyndar, or now his Administrator is not bound to stand to the said agreement made between the Company and Jacob Pergens, Courtens Assignee?

We affirm (under Correction of better judgements) upon the said question, that the Directors of the said Company were free to agree with Courten or his Procurator, as by the transaction of the 18 ^th. of September 1649. notwithstanding the insinuation and protestation of the 20 ^th. of May, and the arrest of the first of October aforesaid.

[Page 21] And consequently that the said Pyndar or now his Administrator is bound to acquiesce in the said agreement made respectively between the said Pergens, and the East-India Company.

For these reasons, that although the said contract of 19. Decemb. 1642. was to the said Pyndar under the title of a Bargain and Sale, yet it appears not that there was any delivery of possession given by the said Courten or Littleton, to transferr the property of the said Ships and Merchandizes to Pyndar.

But on the contrary, the very expressions of Courten and Littleton are, that they are pledged under a Condition, that S ^r. Paul Pyndar at the return of the said Ship Bona Esperanza, with the lading should be paid 3000. L. And of the said Ship Bonadventure 2500. L Sterling, one half at one Moneth and the other half at two Moneths after the return and unlading of the said Ships at London or elsewhere; and these payments being made, it shouldbe lawfull for the said Littleton to have, hold, and enjoy all the rest of the said goods in his own possession to the intention which in the said contract is more at large expressed.

And it was expresly agreed and declared even between the said parties, (notwithstanding that they had granted, bargained and sold the said Ships to the said Pyndar) that he the said Pyndar should not any ways bear or suffer any loss or Dammage which should happen by reason of Shipwrack or otherwise. But that these Dammages (if any shall happen) (as the case fell out) were onely to be born and sustained by the said Courten.

Neither was there granted to Pyndar any authority to receive or sell any Merchandize, returns or lading whereby he might pay the debts he had owing before the said time of payment was expired: And the said Courten and Littleton had not satisfied the said Pyndar the said respective summs, and in case of satisfaction he is bound to render to Littleton the surplus and what shall be remaining: And in case of Ship wrack or any other such like misfortune for the security of the Moneys, the Instruments or Policies of Assurance were delivered even upon the pretended title of buying (notwithstanding that in the said Ships were secured 1100. pounds more by the said Policies then they owed Pyndar: which more fully appears by the said Contract.

That those Obligations and other securities (even amongst those bonds of Samuel Bonnell, men­tioned in the said Contract to Pyndar) (notwithstanding the pretended Bargain and Sale of the said Ships & Goods & Merchandize therein mentioned & Policies of Assurances) remained & were detain­ed by him, for that about the end of the said Contract Pyndar covenanted with them in case he should be satisfied the said debt, that he would deliver the said Bonds and Assurances to Courten and Littleton.

By all which things it appears, that although the words of the said Contract say, that Courten & Littleton had granted bargained and sold to the said Pyndar the said Ships, Merchandize, Proceeds, and Effects, Policies &c. yet in truth there is nothing else treated of or ingaged by the said Contract then security to the said Pyndar for his great credit given to Courten: For even the meaning and intention of a Contract is more lookt upon then the words: A l. Iusu­tam D. d [...] praescript. verb l. si un [...] in prim D. Locati & L. si Ol [...]i cum Gloss. Cod. ibid B. Bald. in L. cum d [...]tem in 2. Cod. de jure dot a Mant, de tacit. & ambig. con­vent. lib. 2. tit. 2. A: vid & Bald B. thence ariseth an Argument from the nature of the Act: For to whom the nature of the Act, to him also the species thereof is granted: It is the same concerning buying and selling, as in a perfect Contract, the hazard is in the buyer: and knowing not the species of any Contract, the Grants therein ought to be more lookt after then the bare words: A Mantica teacheth by many examples and illustrates it.

WHEREAS now the Propriety, Possession, and Administration of the said Ships, Goods and Merchandize remain in his hands to which before they did belong, and consequently by the Contract he ought to sustain the Dammage of Shipwrack and other misfortunes, whereupon it was thought most just that he should have liberty to trade with those. And because by his Agent he dealt with the said Company upon more profitable terms then if he should bring his Action against the said Company for satis­faction and should receive the Money secured to the value of 5500. L Sterling: Whereupon if Pyndars Administrator upon no foundation making composition with the said Company, a Question may arise especially because the Lords Directors in respect of the Society have and can acknowledge no other as Owner of the said Ships and Burthen thereof then him who is publiquely so acknowledged to be, being much recommended by severall Letters, as well from the Parliament as the King of England, dated the 20 ^th. of March 1645/6. and the Ninth of October 1647. And that some considerable time be­fore the first Insinuation from Ionas Abeels in his said quality made the 25 ^th. of May 1648. were in transaction.

• 1. As also the Administrator of Pyndar now hath so much the less foundation to expound or question the first agreement, for that the said Abeels did not protest by his said Insinuation against the said agreement of Courten or his Agent, but onely against the payment of the Money to any other then to his Master S r. Paul Pyndar.
• 2. That the said Abeels on the first of October following in the name of S r. Paul Pyndar did Arrest and take care to detain in the hands of the Directors all that which they (by the very words of the said arrest) by Liquidation or agreement with the said Courten by reason of the said two Ships ought to pay: which Instrument of arrest in the said manner was declared valid by the Schepens or Iudges: As appears by the Register o [...] Causes Iudiciall on the 13 ^th. of November 1648.
• [Page 22] 3. Thirdly because on the second of November 1649. Jonas Abeels in the name of the said Pyndar as hav­ing action and transport from the said Courten and Littleton, did renew the said arrest in the hands of the said Directors of the Company for all that they by agreement with the said Courten for the said Ships and Goods ought to pay to the said Courten.
• 4. Fourthly because by the second Insinuation and protest of the 11 ^th. November 1649. and by conse­quence after the transaction made with Jacob Pergens, Jonas Abeels again renewed the first Arrests and Insinuations: And to make them more effectuall Sr. George Downing in his Memoriall exhibited to the said Lords the States Generall of the first of September last calls them lawfull.
• 5. Fifthly (which is greater and beyond all contradiction) because the said Abeels in Court instituted his Process on the 20 ^th. of May against the said Lords Directors again in his said quality as Agent for S ^r. Paul Pyndar as having the action and transport of the said Courten and Littleton, concluded that the Directors should acknowledge ordeny (Bona fide) the said tripartite Indenture of the 19 ^th. of De­cember 1642. And by Consequence that the said Defendants should be condemned according to the said Insinuations and arrests to pay to him the said Demandant in his said quality and by provision to deposite 85000. gilders, which they had undertaken to pay for the Dammages and pretences which William Courten and others pretended for the said Ships with interest from the day of the agreement to the effectuall payment thereof, as more largely appears by the said Instrument, which cause was offered or brought into judgement on the 13 ^th. of September 1650. in the said quality of Abeels against the Company and left in Statu.

And the Lords Directors at the same time exhibited a petition to be indempnified against the said Pergens in the same Cause: And the same Cause on the 14 ^th. of February 1651. as before was again brought into judgement, and afterwards brought into the same State as by the said Instruments it ap­peareth: All which things cannot be reputed to be again controverted as to the said agreement on the behalf of the said Pyndar, and because the Administrator of his Goods by the last agreement made between the King of England and these Provnices is to be satisfied, for all whereby the process was freed, (which is and can be understood concerning the difference before the Judges of the City of Amsterdam) by Ionas Abeels, in the name of Pyndar to be prosecuted against the Company, so that we find no cause wherefore or how the Administrator could now bring into question against the Company the transaction or Agreement made with Pergens as the Procurator of Courten.

And moreover that the said Courten remained in full possession of the said Ships and Goods laden in the same. And consequently it appears from them that the altering of the Property and right of the said Ships was nothing else but a pledge and security for the said Pyndar which is put into the Catalogue of pretences which the pretended set forth pag. 2. That Courten by his Freinds and Correspondents of the Company requested the Dutch in the Indies that they would Command the Governour of the Isle Mauritius to restore the goods which were saved out of the Ship Bonadventure.

And as for that which is said that another Ship was taken away by the Dutch and there forfeited to the Dammage of Courten, and page 8. for the accompt of the said Courten in the Ship Bona Esperanza that it was laden with Indian Merchandize there above expressed to the value of above 5000. L. Ster­ling, and because at the time of the Contract made, the Ships were long before sent into the Indies, therefore it cannot be that the possessions of such Merchandize should pass by the said Contract from Courten to Pyndar: But he ought to be of the same judgement that the hazard and Dammage which fell out ought to be charged on Pyndar, it agreeing with this Maxime Quaeque suo Domino pereat, whereas it is contrary to the words of the Contract (because as aforesaid) all Dammages and losses ought to redound onely to Courten, wherefore according to the said Rule that every man that sends out, ought onely to be understood accordingly, which plainly appears in the beginning of the Contract, where it is said that Pyndar was not content with the security of Bonnell, and that Courten and Little­ton were well inclined to give him such further security for the payment of the Debt, and although they say that they did Grant, Bargain and sell the Ships with their Burthen and proceeding, yet (as we are informed) the Ships did not belong to Courten or Littleton. And that the Burthen, Wares and Merchandizes and Policies of Insurance, were of greater value then the debt of Pyndar did amount unto: Also that the Merchandizes at that time could not be valued: And that Courten and Littleton after satisfaction to Pyndar out of the Issues of the Ships should receive unto themselvs Pyndars Obliga­tions which he kept to be delivered upon payment, being that he was not to be damnified, but that the Dammage and profit did onely concern Courten: Also that the trading in the East-Indies was acted onely in the name of Courten; and the name of Pyndar (as in fact we are informed) was never therein known as the Owner of the Ships, so that it is most certain that the said Pyndar could not in the said Contract gain the Right of Propriety to the said Ships and Goods in question: Wherefore it is an abuse to say that Pyndar hath got the reall right for the Sale of the Ships and Goods, which at the time of the Contract were in the Indies, and upon the Isle of Mauritius or Goa respectively, and afterwards taken and drove ashore. But allthough this is not to be believed but the contrary hereof may be on urgent occasions shewed out of the Statutes, and by the Doctors learned in the English Laws A:

[Page 23] There was a Custome in England, A &, inter alios ex Skene [...] in reg. Majest [...]Scot. L. 2. cap. 18. Si donationem ipsam seisina fuerit subsecuta perpetuo res manebit illi cui facta subdona­tio & heredib. suis, si ver [...] nulla fuerit seisina subse­ [...]nta ex tali donatione nihil efficaciter peti potest, qui [...] id intelligitur secundum Regni consuetudinem potius esse nuda promissi [...] quam aliqua vera donatio terrae vel hereditatis, sine seisina & possessione nihil opera­tur, qui [...] traditione dominium acquiritur & vulgo ac­ceptum est chartam sine seisin [...] nihil Iuris tribuere, quia Charta nihil aliud est quam nuda promissio, cum scil. quis permittit se daturum cujusm [...]di promissio nullam inducit Obligationem: vulgo enim dicitur Nulla seisin [...] nulla terra & l. 2. cap. 33. vers. 14. Ille praefertur, qui seisinam obtinet, quia melior est con­ditio possidentis. & 1. 3. cap. 10. vers. 2. Perficitur empti [...] & venditio cum effectu ex quo de pretio in­ter contrabentes convenit, ita tamen quod secu­ta fuerit rei venditae vel emptae traditio & [...]dem lib. 3. vers. 1. cum autem mobile vadum dicitur pignus quia res qu [...] pignori datur cum fit mobilis, pugno [...]ive manu traditur, nam contrabitur pignus cum ejus seisina & p [...]ssessio datur Creditori ut hic: dicitur quia rei interventus est necessarius, sine quo non contrabitur Obligatio pignoris, qua tum demum oritur cum res est: traditio [...]andem sententiam late confirmat. Tho. Cragi [...]r in tract. de jure Angl. l. 2. tit. 1. v. 42. in fin. Sine seisina data liberum tenementum Feoffag­mento dono vel locatione non transfer [...]ur, & tit. 8. vers. 19. ut donatio suis numeris absoluta sit, traditione vel quasi confirmari debet; traditio autem vel seisina; [...]uot modis fiat alibi diximus. & l. 3. tit. 24. vers. 3. in qu [...]a traditionibus & usu. that where there is a simple transportation of moveable goods without delivery they give the reall right in them, yet that cannot be understood of Ships & Goods out of England which cannot be accepted by the Buyer or his Agent, but remain by voluntary consent in Custody of the first Owner, because of the necessity of Commerce for the security of Contracts and avoyding of inevitable and innumerable disputes there is a rule made amongst many Nations, for moveables have no consequences Mobilia non habere sequelam, and that the Customs which are ob­served in England about that point cannot oblige other Nations out of England, wherefore if the English should maintain that against For­reigners, they would render themselvs uncapable of exercising any Kind of Commerce with other Nations: and although an English-man doth ill in twice selling of goods, yet that doth not concern him to whom the goods are sold and delivered: But what belongs (as its said) to the said Courten should be forfeited to his Creditors (that is nothing to the purpose) first because (as we are informed) the Declaration where it appears he was Banckrupt was not made before the year 1650: And consequently after the Procuration and Transports; And that the said Declarations by the Commissioners upon the Statutes against Banckrupts afterwards made cannot infringe upon that which was made before by the said Company (Bona fide.)

Secondly because by the said Letters as well of the said Parliament as the King of England, it appears, that the said Courten at the time aforesaid or thereabouts was acknowledged for the Owner (with whom the said Company compounded) & for that end recommended the cause of the said Courten to the Lords States Generall: And for that the Company being Strangers were induced to give Credit to the Letters of the Governours of England, whereby the said composition & agreement was obtained.

Thirdly & Lastly, because the said Abeels himself as a Procurator of the said Pyndar, consented that the said Company should deal with the Agents of the said Courten; And prohibited onely the payment of the Money to any other then himself or S ^r. Paul Pyndar; Yea, which is of a greater force, it is accord­ed between the said Agent and the said Company when he was to conclude the approbation or denyall of the said Contract and the payment of that which was promised in the said agreement by the said Company, as by the said Insinuations and Acts before the Judges of the City of Amsterdam more fully & clearly appears.

IT is very observable & to be remarked, that the Hollanders took the Ship Bona Esperanza, in the year 1643. when the King was not in a condition to protect his Subjects, so advantages were always taken to spoil us abroad while the Kingdom was divided at home. The▪ Dutch East-India Company being sensible of M ^r. Courtens Grants to S ^r. Edward Littleton, & S ^r. Paul Pyndar, before any transaction with M ^r. Pergens, Some of their confederates to get a colourable pretence to compound with Pergens, who had no right or property from Courten; notwithstanding the known rule in Law (Nemo plus juris in alium transferre protest quàm ipse habeat) did procure a Letter from the long Parliament to M ^r. Strickland, their Agent in the Hague to recommend the cause to the States in the year 1647. in favour of Pergens. And to make a mock of the late King, did also [Page 24] procure his Majesties Letters to the States Generall in the year 1647. in favour of Per­gens likewise, when S ^r. Paul Pyndar had discovered the fraudulent practises of Courten and his Complices, which were timely interdicted by Jonas Abeels. To add Fraud & Oppression to force & violence, are such abominations no where to be found, paralell to Holland & Zealand.

They are worse then infidells, that provide not for their own families, but they are worse than Pagans that do it out of other mens Estates, And will not render an ac­count for what they have gotten into their hands by mutuall trust and traffique or by fraude & force, which by the Laws of Common Humanity they are obliged to do.

There was a laudable Custome amongst the Greeks of old, that when any offendors, against the Divine or Humane Laws, fled for refuge into other Cities, out of the Iuris­diction of Greece, they would apprehend as many of their Citizens upon the first op­tunity, and put them under safe Custody, untill they should deliver up the fugitive par­ties to Justice. Such a good practise in these days would spoil the two Holland San­ctuaries Cullinburgh and Viana, and very much diminish the two cheifest Cities Am­sterdam and Middelburgh.

If Advocates & Civilians in the Low-Countries may be suffered to make Commen­taries upon our English Laws; or to give their Interpretations, & Constructions upon Con­tracts, & agreements between the Kings Subjects, concerning their own interest, & property. Westminster Hall, the Inns of Court & D ^rs Commons would be of no use in any forraign causes; English-men would have nothing more to lose, when their birth-rights (the force & vertue of English Laws & Customs) are taken away by the Hollanders: That takes advantages of their own wrong.

Every one ought to take notice of another mans right, who intermeddles with that wherein he hath no property; the righteous man finding his own Sheep in another mans pasture drives them to the pound untill the Dammages be indifferently valued & satisfaction given accordingly: if the Hollanders & Zealanders did the same, who have lived upon the spoils of all Nations, their East-India Actions would fall from a Noble to nine pence.

Upon their own shewing, the East-India Company of the Netherlands set forth in their case, that William Tooms, William Courten, Cap ^t. Moulton & other proprietors in severall petitions Claimed the summ of 142546. pounds Sterling in pursuance of Cromwels Treaty Anno 1654 wherein the Dammages arising upon the spoils made out by the severall depositions of the Factors & Mariners being considered, (the damnum emergens & the lucrum cessans were both put into the Ballance of Iustice & Equity) otherwise the Hollanders would make great profit by other mens loss, not onely in gaining the spoils, but ingrossing the Trade, & Navigation to themselvs, as they did to Maccao & the River Canton by taking away the Originall Contract & Articles made between Courten & the Viceroy of the Emperour of China at Maccao.

These aggravations (inter alia) caused this Patent following for Especiall Reprisalls to be granted under the severall Conditions, Proviso's & Limi­tations contained therein.

THe severall reasons and circumstances, that attended this Case, were sufficient grounds and considerations for the King, to intail the grant like the Laws of the M [...]des and Persians, that never change.

All Soveraign Princes, that have perused this Patent (printed in severall Languages) upon Mature delibe­rations, have held the clauses & limitations therein, to be as generous as just, and ought to be a president in such cases to all future ages.

The Earl of [...]larendon, late Lord High Chancelor of England controverted those two Especiall clauses for continuance in the patent, severall Months before he gave his Fiat & recepi for the great Seal. Sir Robert Wyseman, Sir William Turner, Sir Ieffery Palmer, and others of the Kings councell learned in the Laws, sufficiently satisfied his Lord PP, that it was both reasonable and just (in this Especiall Case) that the Patent should have those Especiall grants, to be in full force and Effect, both in times of Peace and Warr, untill the parties injured and interessed should be fully satisfied and repaired their debt and Dammages.

It is most certain that those grants & Contracts, which are made repugnant to Law and reason, have a Nullity in them­selvs, as inconsistent to the very being of common right and property (and many times such things have hapned in Treaties of Alliances between Princes & States.)

But when any difference & dispute, (concerning Meum & Tuum) have passed the Examination of the High Court of Admiralty, Committees of Paliament, Councell Table, publique Ministers abroad, and all other Offices of the greatest trust in the Kingdom at home, and even at last reduced to that certainty for satisfaction, by a sacred and judiciall act under the great Seal of England, how such a grant can be dissanulled without satisfaction, is a paradox and such a president that cannot be found in any other age.

Especiall Reprisalls are no breach of peace, being usually granted in times of the Strictest Alliance & Amity between Princes & States. Wherefore it was lawfull for the King of Great Britain to establish such a Grant to his Subjects (in this case) that should continue untill satisfaction shall be recovered for a Spoil and injury done to his Subjects in times of peace by the East-India Company of the Netherlands, who confessed the fact, and had by two of their own Directors & Participants (Emb [...]ssadors in England) in the year 1662. concluded and agreed in a publique Treaty of Alliance and Commerce, that repa­rations should be forthwith made for the same; But afterwards upon their delays and denyall in the performance of that and other things, the Lords and Commons in Parliament voted to assist his Majesty with their lives and fortunes, for generall Reprisalls against the United Netherlands, whereupon this Patent for Especiall Reprisall followed: Which is such a publique grant (taken notice of by the contrary parties) that can onely be vacated by a Scire Facias when the debt shall be re­covered or satisfied by Composition or force, otherwise there would be no security in the world.

Nevertheless the States Generall do pretend, they having subdued the King, Lords, & Commons (a they say) during the treaty at Breda; That they are Freed, & acquitted thereby, leaving the debt & Dammages incumbent upon the Crown and Kingdom, to give satisfaction to the Persons interessed and injured as aforesaid.

IN the Year 1653. S ^r. Edward Littleton by several deeds of bargain and sale granted all his Right Title and Interest in the Mannors of Pyrton, Aunton, Evesham, Severne, Stoake, Over-swell, and Lower-swell, and other Lands and Tenements in the Counties of Worcester and Gloucester, unto George Carew, his Heirs and Assignes, and to such other Persons as he directed and appointed in trust towards satisfaction of the said Carew, and other Creditors mentioned in divers Deeds declaring the said trust.

Whereupon was discovered these incumbrances following upon the said Lands: viz.

• 1. A settlement and entail upon M ^r. Courtens Marriage with the Earl of Bridg­waters Daughter.
• 2. Several Mortgages to Daniel Harvey, Merchant, Thomas Coppin Esq ^r. S ^r. William Curtius Knight, Giles Carter Esq ^r. Iohn Rushout Merchant and others.
• 3. A Claim of the Commissioners upon the Statutes against Bankrupts.
• 4. A Claim of the Committee of Worcesterhouse, for S ^r. Edward Littletons delin­quency.
• 5. and lastly, Severall Extents and Seizures upon outlawries against S ^r. Edward Littleton and William Courten.

So that after all those difficulties were removed, and incumbrances consider­ed under severall contracts and agreements with the respective parties, the said Mannors, Lands &c. were sold by M ^r. Carew, soon after the Kings most happy restauration, to the Persons following: viz.

In whose possessions the said Mannors, Lands and Tenements do remain at this time, some of the said Purchasers having cleared the Mortgages, and other incumbrances, which exceeded much more then the purchase money.

[Page 28] An account how the said 21700. L. was paid and disposed to the Persons following.

All the personal Estate of M ^r. Courten in England was granted and assigned before by the said Com­missioners to John Pettyward and Thomas Birkhead, in trust for the Creditors, which was divided amongst them, and yielded onely 15. Pence in the pound. Wherefore it may appear to all judicious and reasonable men, that the Sons and Heirs of Peter Boudaen and Jacob Pergens who are so rich, ought to come to a fair account for S ^r. William Courtens Estate gotten into their hands, or be required thereunto in a National way after all other means hither to used, have proved so in effectuall which hereafter is further dec [...]ared.

It is to be remembred that a great question did arise in the case concerning M ^r. Courtens Lands, between M ^r. Carew, M ^r. Courten the Grand-child, and the Commissioners upon the Statutes against Banckrupts; whereupon severall suits were co [...]enced many years, and at last was agreed by a refe­rence unto S r. Orlando Bridgman and Serjeant Newdigate.

SOme Lawyers pretended that it was Casus Omissus out of the Statutes, Others, that it was within the common intendment of the Statutes, and true meaning thereof to barr the issue intail; and that the Commissioners had the some power by an assignment to barr the Estate-tail as the Heir had by a Fine: however no purchaser would deal without the Heirs concurrence, which advanced the Price severall years purchase.

Nevertheless many Creditors, that [...]ought their relief under the Commission upon the Statutes against Bankrupts, were dissatisfyed and would not consent thereunto, unless Mr. Carew would enter into Articles and covenants to prosecute Mr. Pete [...] Boudaen, and his Heirs for an Account of the stock in Company with S ^r. William Courten, that then might have equitable dividents thereout according to the said covenants, and also of all other personall estate of S ^r. William Courten and his Sons beyond the seas, whereunto the Heir was to renounce his Right and Administrations which he did accordingly.

Then the Commissioners in pursuance of the said Articles assigned all their Right and Interest unto M ^r. Carew in all the Actions and pretentions whatsoever in the United Netherlands that belonged unto M ^r. Courten.

And M ^r. Carew also by consent and procurement of William Courten the Grand-child had letters of Administration (de bonis non) of S ^r. William Courten with his Will annexed granted and coufirmed unto him, the said Carew, under Seal of the prerogative Court of Canterbury: by virtue whereof these following Processes were instituted.

• George Carew Esq ^r. Plantiff
• Iacob Pergens Merchant, Defendant.

S ^r. IAcob Cats, late Pensionaris of Holland, became bound at London, ac­cording to the Custome of England unto S ^r. William Courten Knight by a Writing Obligatory dated the 29 ^th. of Iuly, 1631. in the poenal summ of 3000. L. Sterling, upon condition indorsed for the payment of 2080. L of the like money on the 12 ^th. of February following, which was continued at Interest after the death of S ^r. William Courten, who left his Son William sole Executor who afterwards (being insolvent) did by a Letter of At­turney with an Assignment bearing date the 31. of October 1643. transferr and make over the said Obligation and Money thereupon unto the said Iacob Pergens of Am­sterdam under pretence of a debt due to him. Whereupon Iacob Pergens obtained a Sentence in the year 1661. for the said debt and dammages, in the Provinciall Court at the Hague against S ^r. Iacob Cats and his Heirs six years after the death of William Courten the Executor, from which Sentence they appealed to the High Court of Judicature: Then, pendente lite, George Carew, Administrator of the Goods and Chattels of S ^r. William Courten intervened in the cause and exhibited his Request by Bill of Complaint to the said High Court setting forth his Right ac­cording to the Law and Custome of England, where the debt was contracted and the Bond made, and prayed that his interest might be preserved, and that the Heirs of Cats might be ordered to pay the money to him in right of his Administration, and that Iacob Pergens might be condemned to deliver up the said Bond to the said Carew uncancelled, as an effect of S ^r. William Courtens Estate unadministred: whereunto Iacob Pergens made his Exception in writing, that he was a Burger of Amsterdam, and so not lyable to be sued in any other Court at the first instance but before his competent Judges at Amsterdam.

Unto which M ^r. Carew replyed that M ^r. Pergens was a free Denizon of England, that he had his dwelling-house in the Hague, when he was summoned before the Su­pream Court of Judicature which is the High Court of Chancery in Holland, Zea­land and Westfriesland. That all Strangers by instructions of that Court (in such cases of Interventions) were to be admitted at their first instance, that the Sentence in favour of M ^r. Pergens before the Provinciall Court was erroneous: and that the High Court of Chancery was oblig'd to give Sentence according to the Rules of Justice and equity practised in England in matters of the like nature. And that it was the custome of all Nations to give judgement upon Obligations and Contracts according to he Law of the Land where they were originally made. Yet not­withstanding those assertions and all other Arguments and Reasons that were given upon pleadings; Iohn de Witt, being a Kinsman of M ^r. Pergens his Wife, the Lords pronounced the Sentence following upon the 12 ^th. of May, 1663. to the great ama­zement of the Advocates on both sides, in regard the Case hereafter was agreed by the Court and sent into England for the advise and Opinions of the Common Lawyers, & Civil Lawyers there which was subscribed by them in the presence of S. I. Wright and Ioh. Daniel, Notaries Publique. And them sent Expresly to the Lords at the Hague.

CAjus Semproni [...]s per Chyrographum manu sua subscriptum Guiljelmo Cóurten Equiti Au­rato in summa duarum millium librarum atque sese ad usuras conventas Praestandas ad Ca­lendas Januarii longe elapsas obligatus erat: Guiljelmus Courten, Eques Auratus Testamen­tum condidit, in quo filium suum, natu maximum Guiljelmum Courten, Armigerum, Heredem & Executorem instituit, & moritur. Postea Guiljelmus Courten Filius, Haeres, & Execu­tor institutus, factus est Decoctor (Anglicè a Bancfrupt) & praedictum nomen & Chyrographum cum totis interesse & usuris Cajo Maevio, uni Creditorum assignavit & transportavit. Sed Sempronius nullam partem debiti Cajo Maevio solvisse fertur, sed totum manet insolutum, & postea Georgio Carew Haereditas jacens, & administratio de bonis non administratis cum ultima voluntate annexa praedicti Guiljelmi Courten, Equitis Aurati, decreto Judicis Committitur.

NOs affirmamus praedictum Debitum vel Chyrographum Cajo Maevio male assignatum, ac praedictum assignationem esse omnino inefficacem, atque inanem ad agendum; Jure Angliae posset quidem Guiljelmus Courten, Filius & Haeres, Cajum Maevium procuratorem pro dicto debito suo nomine ad agendum constituisse, quod tamen mandatum erat revocabile & per mortem constituentis, nullum & irritum.

Affirmamus Georgio Carew, cui Judex litteras administrationis de bonis non administratis, & haereditatem jacentem D [...]i. Guilmi Courten Equiti Aurati decrevit, praedictum debitum & Chy­rographum cum totis usuris & interesse jure Angliae recte debere. Signatum erat

THe High Court of Judicature in Holland have seen the Process and Writings exhibited between George Carew appointed by the Pre­rogative Court of England, Administrator of the Goods and Chat­tels of S ^r. William Courten Knight deceased (in his life time dwelling in London) Complainant of the one part, and Iacob Pergens Di­rectour of the West-India Chamber Defendant on the other part. The Court having seen the Requests, Answers, Repliques & Dupliques respectively. Upon mature consideration of the Matter, doing right out of the Name of the High So­veraignity and Earldom of Holland, Zealand & Friesland do admit the Exception, propounded by the Defendant, and renvoy the parties before the Defendants com­petent judges at Amsterdam, and do compensate the costs of the Process on both sides (for reasons) thus pronounced on the 12 ^th. day of May 1663.

Then George Carew summoned the said Jacob Pergens, before the Scheepens or Iudges at Amster­dam, and concluded in his Process that he should be condemned to pay the Money and Interest, due upon the said Obligation to him the said Carew, as an unadministred effect of S ^r. William Courtens estate, al­lowing to Pergens, all his costs and charges that he had expended about the premisses.

Yett nevertheless the said High Court of Iudicature did on the 14 ^th. of October 1664. pronounce a Sentence in favour of M ^r. Pergens whereby they ordered the Heirs of S ^r. Jacob Cats to pay him the prin­cipall Money, Interest and charges which amounted unto the sum of 4200. pound Sterling, and that Perg [...]ns should deliver up the Bond to the said Heirs uncancelled with a Procuration to sue the other Obli­gers in the said Bond.

However both parties proceeded severall [...]ears together at Amsterdam by Answers, [...]eplicques, Du­pliques, rejoynders, and Exchanged writings, giving over deductions and advertisments of right to the Judges in Amsterdam. Which Cause is yet depending there; M ^r. Carew Expecting dayly a Sentence in his favor from the Lords the Cause being so clear and plain to all judicions men that have made any inspection into the said proceedings. But Pergens continnally obstructs the same.

GEorge Carew in his quality as Administrator of S ^•. William Courten having given procura­tion at the Hague in the Month of Iuly 1662. to M ^r. James Boevé, to question the said Peter Boudaen concerning the said accounts, and to recover of him and his Heirs or any other per­sons whatsoever, the unadminisstred Effects of S ^•. William Courten, in the United Ne­therlands, whereupon James Boevé in the said Month of Iuly addressed himself to the said Boudaen at Middleburgh in a freindly manner to settle the said accounts, who refused to compl [...]e therein upon any terms.

Then James Boevé sent M ^r. Deutrelaw a Publique Notary, to insinuate his quality under M ^r. Carew by an authentique Act, and required a view of the Companies Books kept by S ^•. Peter Courten, pro­testing for all Costs and Dammages &c. Whereunto the said Peter Boudaen onely answered that he did hear and see (as all Litigious persons in such cases do) and desired a Copie of the said Insinuation and Pro­test, which was given him on the 2. of August 1662. accordingly.

James Boevé then caused the said Boudaen to be summoned before the Burgermasters and Schepen [...] of Middleburgh: so this Process hereafter was commenced on 6. of Septemb. 1662. which is translated out of Low-dutch into English.

James Boevé impowred by Procuration from George Carew Esqr. being appointed by the Prerogative-Court of England Administrator of all the Goods and Chattels unadministred of Sr. William Courten, Knight, late of the Parish of S ^t. Gabriel Fanchurch in London, in that quality, Plaintiff, against Peter Boudaen Courten, Heir & Executor unto S ^r. Peter Courten, Knight, for that the said William Courten, and Pieter Courten, and Iohn Mon [...]y did trade in partner-ship, as by the Books, Accounts, and other Papers appertaining to the said partner-ship, which are in the possession of the Defendant, appears, that he should be condemned to Consign or deposite all the said Books, Accounts, and other Writings in the Secretarys Office in this City, there to be inspected, with egress and regress thereunto, and to form an account thereout, at the Generall Charge, and in Case of debate, demands Costs of the Process, as also for hindrance, Costs, Dammages, and Interest suffered already, and yet to suffer, as by the protest.

Whereupon Abraham Smith, Proctor for Peter Boudaen, insisted upon Caution for Costs of the Process.

Then M ^r. Boevé did on the 21. of October 1662. pass an authentique Act for Caution in presence of his Proctor John Rymsdike, whereby he bound himself and his Estate both reall and personall (according to the custome of the Countrey in cases of debt) to be liable unto all Costs and Expences, that the Court should award or condemn Carew the principal Demandant to satisfie.

The Proctor Iohn Rymsdike calls for acceptance of the caution on behalf of the plantiff.

The Proctor Abraham Smith does the like for the Defendant.

The Burgermasters & Scheepens do order that other caution shall be given. Actum 8. of November 1662.

Herein appears the greaetst Act of injustice that ever was offered to any Stranger in the like Case. Although it is well known to all persons that understand the Laws of England, and the Laws of Nations; That Executors and Administrators are not Subject to Costs in suits of Law & therefore not Liable to give Bail or Caution: Yet M ^r. Boevé being desirous to remove all questions and Scruples that might arise to delay the Process did pass an act of Caution for Costs who was not onely an Inhabitant of the Citie but a Burger of Middleburgh, that had his own dwelling house there wherein he was seised in see to him and his Heirs. Besides Boudaen had many thousand pounds of his in Custody at the same time, and more over Boudaen was known by many of the Magistrates to be indebted to S ^•. William Courten for vast summs of Money, yet they ordered Boevé to find other security that were Burgers of the Citie that had fast Goods there: Knowing that Boudaen being a Kiesheer of Middleburgh (that is one that choseth the Magistrates) a Director of the East-India Company and an Elder of the English Church, no Citizen would ingage as caution against him, who had such an influence upon the Burgers. So the cause rested in statu quo. And the warrs with Holland coming on, Boudaen died before M ^r. Carew made any further pro­secution therein.

In the year 1670. the Creditors of S ^•. William Courten hearing that Peter Boudaen had left 90000. pounds Sterling (that is nine ton of Gold as they call it in the Netherlands) amongst his Sons and Daughters, M ^r. Carew was importuned to send a generall procuration to M ^r. Mark Fletcher of Middle­burgh. Merchant, to revive the Process against the Heirs of Boudaen, and to prosecute the actions depend­ing against Jacob Pergens their confederate, for severall great sums of Money that he had gotten into his hands from the East-India Company and the Heirs of S ^•. Jacob Cats, upon pretended debts due to him and colourable assignations from M ^r. Courten. But in regard M ^r. Fletcher was a Burger of Middleburgh, & had some dealings with Boudaens and their Freinds, he refused at that time to proceed any otherways then by Frei [...]dly perswations which could not prevail upon them.

In the year 1671. Upon new instances and complaynts of the Creditors to the King and Councell, his Majesty was most graciously pleased to send these Letters following to the States Generall and S ^•. George Downing his Ambassador then in the Hague.

But in regard S ^r. George Downing could not get any answer to his Memoriall concerning the Flagg, the States Generall pretending they would give satisfaction, if all other pretences were brought in to be together treated on; S ^r. George Downing protesting to have Express order to treat of nothing, before satisfaction was made about the Flagg; and the States declining it, he returned for London, re infecta, and a Declaration of warr soon after was published in England.

Nevertheless, the Creditors of S ^•. William Courten, and his Son, as also of S ^r. Paul Pyndar and S ^r. Edward Littleton and diverse other Proprietors and interessed persons did not forbear their further ad­dresses to the King and Councill concerning the premisses, the severall proceedings whereof are mentioned in the three following pages.

M ^r. Torriano, M ^r. Warren, M ^r. Westcomb, and other Merchants of London made their Com­plaints and Addresses also to the King, to recommend their grievances against the West-India Company of the Netherlands, who pretend to be as great Soveraigns, as the Members of the Dutch East-India Company: That dares spoil their neighbours if they trade with their Enemies, & Confiscate their Goods for trading with their Friends. So that no Nation can be safe or secure against those Animals, who make warr & Peace with the Natives at Pleasure: And are now upon setling a Colony to plant themselvs in the Mayn Land of America in the best air neer unto Convenient Rivers and Havens, fit for Trade and Commerce, to prejudice the English Plantations: Their Governo [...]^ M ^r. Price, late English Minister at the Hague, being a better Soldier then a preacher and more skilled in Merchandizing, then other Studies, having dwelt many years in Braziel under the Government of the said West-India Company, Endeavours to settle a new Commonwealth in America, under the States of Holland. That will flourish in a short time farr beyond New England, if they be not cropt in the bud: but more of this hereafter in the third part of this Book, wherein are recited the States proposalls to all Planters, and the Abstract of the West-India Companies New Charter from the States General.

THe King of Great Britain that holds his Kingdoms onely of God Almighty, without the least dependency of any Potentate whatsoever, may by the Municipall Laws of England, hinder any of his Subjects (born under his Dominions) to depart his Realms to become Subjects to any other Prince or State in the world.

Great Britain being an Island planted in the Midst of the Ocean is envied by Some, feared by Others, yet Liable to invasion by their Neighbours.

The Laws of Nature, and the dictates of reason, and Common Policie, oblige all Men to defend the Land of their Nativity, and the Heritage of their Fathers.

The King of England as Common Parent of the Country, that hath promised to protect his Subjects, maintain the Laws, and preserve their properties, would lessen both his power and Prerogative, by the loss of diverse Subjects and their Families, English, Scotch, & Irish, (intended to be transplanted to America by the West-India Company and their Confederates) when they shall become both Strangers and Enemies being seduced to swear Alegiance and fealty to the States of Holland▪ and the West-India Company, who are now upon a Treaty with the Zealand Proprietors for the purchase of Syrin [...]m, to greaten themselvs against any other quarter of the universe.

• His Royall Highness the Duke of York.
• His Highness Prince Rupert.
• Lord Keeper.
• Duke of Buckingham.
• Duke of Monmouth.
• Earl of Ossory.
• Earl of Bridgewater.
• Earl of Sandwich.
• Earl of Bathe.
• Earl of Craven.
• Earl of Lauderdail.
• Earl of Carbery.
• Lord B ^p. of London.
• Lord Arlington.
• Lord Newport.
• Lord Holles.
• Lord Ashley.
• M ^r. Treasurer.
• M ^r. Vice Chamberlain.
• Sr. Iohn Duncombe.
• Master of the Ordnance.

VPon reading this day at the Board the humble Peti­tion of Thomas Kynaston, George Townesend Merchants George Porter Esq ^r. & others, First Adventurers in the joynt stock with S ^r. William Courten to the East-Indies, of S ^r. Richard Mauleverer Kn ^t. & Baron ^t. S ^r. Iohn Ayton Knt. George Carew Esq ^r. & severall others, Cre­ditors of S ^r. William Courten, W ^m. Courten his Son, Sr. Edward Littleton, & S ^r. Paul Pyndar Kn ^ts. deceased, and of Nicholas Warren, Richard Wescomb, & George Toriano Merchants, setting forth the many great Losses & Dammages they have suffered by the Subjects of the United Netherlands in times of Peace, Some by violence in seizing the Petitio­ners Ships & Goods in their trading-Voyages; Others by unjust deten­tion of the Petitioners Money and Goods gotten into their hands by Commerce and civill Contracts, for all which the Petitioners are left without remedy or relief, but by his Majesties Prerogative Royall & gracious Protection, which the Petitioners most humbly prayed his Majesty would be pleased to grant unto them, and to require satisfaction & Reparation to be given to the Petitioners by the States Generall and their Subjects answerable to the severall & respective Dammages susteined by the Petitioners. And that for the future a summary course may be tak­en for speedy decision of all civill Actions & Differences between his Majesties Subjects & the Subjects of the States Generall by neutrall Per­sons, to the end Right may be done them in the United Netherlands: It was Ordered by his Majesty in Councill, that it be, & it is hereby referred to the R ^t. Hono ^ble the Lord Arlington, the Lord Ashley, M ^r. Treasurer, Mr. Secretary Trevor, & S ^r. Iohn Duncomb, or to any three of them to con­sider of the Petitioners severall & respective Cases (as true State whereof they are to present unto their Lo ^ps.) and what satisfaction their Lo ^ps. shall conceive requisite for his Majesty to insist upon, (when it shall be seasonable) for the said Losses & Dammages. And the same to report to his Majesty, that order may then be taken therein accordingly.

IN obedience to an Order made by your Majesty in Council the 22 ^th. of March 1672/3. whereby it was referred to us to consider of the severall Cases of Thomas Kynaston, George Townesend Mer­chants, George Porter Esq ^r. and others, first Adventurers with S ^r. William Courten Kn ^t. deceased, to the East-Indies, and of S ^r. Richard Mauleverer Kn ^t. and Baron ^t. S ^r. John Ayton Kn ^t. and others Creditors of the said S ^r. William Courten and William Courten Esq ^r. his Son, S ^r. Edward Littleton and S ^r. Paul Pyndar Kn ^ts. deceased; and what satisfaction we should conceive requisite for your Majesty to insist on (when it should be reasonable) for their Losses and Dammages; and the same to report to your Majesty, that Order might then be taken therein accordingly.

We therefore humbly represent to your Majesty, that as to the Case of the Adven­turers with, and Creditors of S ^r. William Courten and his Son, we find that two of their Ships (the Bona Esperanza, & Henry Bonadventure) were in a trading Voyage, between Goa and Maccao violently seized, by the Dutch; The loss and Dammages of which Ships and their lading, and the Consequences thereof to their severall Factories, and Plantations settled in China, India, & Japan, by Disappointment of Supplies and loss of Trade, amounting to one hundred fifty one thousand six hundred & twelve pounds Sterling; as it appears ratified, and reduced by your Majesty under your great Seal of England, in the year 1665. whereby it was granted, and declared, that the said Dam­mages should be reprised in all times of Peace, or Warr, untill the same Debt should be satisfied, or a Composure made between the said S ^r. William Courten his Assigns, and all Persons interested and concerned with him and the East-India Company of the Netherlands.

Wee further humbly represent unto your Majesty, that in all Treaties & Revolu­tions of times, the Dammages aforesaid were particularly insisted on for satisfaction.

We further humbly represent unto your Majesty, that in the same Order of Council, there is also referred unto us the Consideration of Nicholas Warren, Richard West­combe, and George Torriano Merchants, who were Owners of the Ship and Goods, Ann & Margaret, of which Charles Saunders was Master; which in the year 1658. were laden with Hydes, Bees Wax, and severall other Goods and Merchandizes, and in her Passage between Tunis & Leghorne whither she was bound, was set upon by a Dutch Ship called the Gelderland, John Jacobson Commander, severall of her Men wounded, the Master killed, and the Ship and lading taken and carried away: Which said Ship and lading, with the loss of her Voyage and Dammages susteined was adjudg­ed by the Admiralty at thirteen thousand pounds.

We further also humbly represent to your Majesty, that by the Treaty at Breda Anno 1667. all Reparations are extinguished and cut off: Yet since that time the States Generall of the Netherlands have not onely been refractory in the performance of any Agreement concluded on, but also have committed many violences and Depredations, whereby they have wholly cancelled the Obligations of all past Treaties & Agreements, and left your Majesty and your Subjects as free in all Iustice, and Equity, as if they never had been made.

And therefore we humbly presume to report our Opinions to your Majesty, that it is now but just and seasonable for your Majesty to insist on Reparations for your said in­jured Subjects for the losses and Dammages aforesaid.

IN pursuance whereof M ^r. Carew, being desired by all parties to go Express for Holland, with his Majesties Let­ter and the other Writings & Papers concerning the said claims, he procured a Pasport from the Commissioners of the States Generall then at Hampton Court for himself and his servants to travel through the United Provinces, which he did accordingly: but in regard the Treaty at Utrecht did not take any effect, M ^r. Carew, and M ^r. John Sher­land, in Company with him, returned to the Hague, to advise with Advocates and Proctors that had served the said Carew and M ^r. Boevé in their Process at Law; Where they were apprehended as enemies to the Countrey on the 6. of August 1672. Old stile, (their Baggage, Papers, and Writings taken from them) and by order of the States of Holland kept close Prisoners for the space of twenty Months. A Brief relation whereof appears in M ^r. Carews Ad­vertisment, and Protest, at the end of this Book. In the Mean time all English men may remember, that at the instance of the Spanjard, and other addresses made to the King on the behalf of the United States, a peace was hastily concluded with the Hollanders, and no satisfaction given or consideration taken of the Bona Esperanza, or for the Henry Bona Adventura. Notwithstanding all the proceedings aforesaid, and those opportunites of advantage, that Great Britain had then in their hands.

Many of the Creditors, and other Persons interessed being surprised at this suddain conclusion of the Treaty at London with the Spanish Embassador upon the States Procuration. While the Lords Plenipotentiaries were upon con­sultations about the same Matters at Cologne.

The said Creditors and Proprietors forthwith caused this following request to be Exhibited to his Majesty at Lon­don in M ^r. Carews name, and printed severall Copies thereof which they delivered unto diverse Lords and Commons in Parliament.

IT was generally observed in the days of Queen Elizabeth, that her Majestie in all transactions at home and abroad, gave it in Charge to her Councill, that they should have a care of her Ho­nour. In all Leagues or Treaties of Alliance and Commerce, the benefits of either side should be reciprocall: but no Nation in the World have been so industrious of late to undo themselvs as the English; VVhose Lands & rents are reduced, their staple Goods and Manufactures undervalued, their Gold and Silver wasted their trade & Commerce undermined, their Laws & Customs contemned & Violated. And being Cheated of their Moneys & Merchandizes by their Neighbours in ordi­nary traffick, many of his Majesties good Subjects, are made contemptible & pore in the midst of peace and plenty.

In all regulations of trade, and Treaties Marine, both parties should have their re­spective Considerations of advantage; Yet certainly many mistakes have been committed in severall ages and revolutions of State in publique Contracts upon the English account, wherein the Honour and interest of the King and Kingdom were mutually concerned, which might be regained, most gloriously upon good opertunities. If all English-men had publick spirits, and none would, be so treacherous under a trust, to preferr their own particular profit, before any nationall concernments.

The Hollanders upon all occasions of difference and dispute with England, doe fly for refuge to the treaty made between King Henry the VII. and Philip Duke of Bur­gundy, in the Year 1495. long before Scotland was united to the Crown, or that the people of the seven united Provinces, had fallen from their naturall Princes of the Houses of Burgundy, & Austria, into a Common wealth by incouragments of others. And during the late war in the Year 1673. the States in all their Declarations and Manifestoes appealed to the Parliament of England, as Umpires between them and the King: one clause I cannot omit, in regard I find it published in print in their Netherland Histo­rian (viz) ‘VVe the States Generall do hereby in the uprightness of our hearts, and confidence of our integrity, submit our defence to the Iudgement of the English Nation in generall, and more especially to the High and Hono ^ble Court of Parliament (as re­presenting the whole body of the Nation) whom we are not onely willing to make full Arbitrators of the unhappy differences between the Court of England and us, but should also account it for the speediest way to a most happy accommadation, if they would take the pains to make a right distinction between the true interests of the Nation (whom they represent) and the crafty pretences of evill minded men.’ Now to meet them again in their own way cannot be denied us, without prejudice and partiallity.

VVherefore I have recollected severall Articles out of diverse Treaties of State, upon which I have briefly discoursed, and made some speculations thereupon, and then pro­ceeded to the third Part, which concerns the improvement of Trade and English Manufactures, &c.

VVhich if they find a good reception in England, I shall make a further progres in the next Year, to gratifie some Friends at the generall Treaty, where the English (although they are neither Principalls nor Parties) yet as Lookers on may see how to hit a blot, or take a point sooner then the Gamesters that plays.

THere is a common saying in the Low Countries, that the Hol­landers have gon beyond all other Nations, in trading, treating and accounting. And that there are three men in the States of Holland, all whose names begin with B. (viz.) Beverning, Beu­ningen and Beaumont, that have overreached the seaven Kings of Europe (viz.) England, France, Spain, Portugal, Sweden, Denmark and Poland. There is no generall rule but may have an Exception, which I doubt not but you will meet in some of the select Articles follow­ing, that concern onely Navigation and Commerce. As to other Leagues and confe­deracies (those matters and reasons of State) I meddle not withall; The Hollanders are best able to calculate the Expences of those chargeable offensive and defensive Alliances.

Its an Aphorism of a very learned Authour, that there be many things usefull to wise men, which were impossible for any man but a fool to invent, the same fortune I hope modestly to obtain from my Countreymen that ponder well the observations in the following treatise. It is possible that Monsr. Beverning who is at present the Hol­lands Plenipotentiarie at Nimwegen, and Monsr. Beuningen the States Extraordinary Em­bassador in England, and Monsr. Beaumont the Principall Secretary to the States of Holland, may understand the interest of their own Countrey with the intreagues of trade and Exchange, better then many other ministers of State, that have not had so much Leisure, from their pleasures and recreations to fathom the depth of those mysteries.

The Seaven United Provinces, Nota. That all spice is sold for Banck money, and all Bills of Ex­change are paid in Bank money which is worth 4 pound per cent more then Cash, and so rises and falls accord­ing to the Course of Exchange which the Banckers do govern. having no materialls of their own, built their fa­brick of trade upon seaven forraign Principall bases, whereby they raised a structure to such a Prodigious height and magnitude that overtopt all their Neighbours. The first supporter was freedom of conscience to all Nations wich brought in the Jews the ancient Merchants and Factors of the universe. 2. The free Fisheries upon the British Coast. 3. The East-India spice trade. 4. The Banck at Amsterdam. 5. The Caping West-India Company. 6. The Common Hackney Navigations, and 7. Manufactures of Wo [...]l, Silk &c. from all which their excises for the publique charge did arise and enabled them to encounter other Nations that have suffered for their sloth, credulity and wan­tonness.

There is one advantage more that the Hollanders have above all other Soveraign Princes or States. Their Embassadors and publique Ministers being all members of the East and West India Companies, they treat both as Principalls and Parties upon all affairs of State, who are likewise incorporated as the chiefest in the States Generall. Yel there may be three good acts & ordinances of Parliament which would shake all those seaven Principalls, without any stroaks or blows, especially if the two grand Enemies of England be suffered to weaken each other a year or two longer. While the Merchan [...] Adventurers and others take money for Cloathing and Victualling their Armies. For there can not be a more sure and easie conquest then that which may be gotten by Peace.

WE under written Commissioners for his Majestie of Great Brittain in the Treaty concluded the fourth of September 1662 at London with the late Embassadors of the States Gene­rall of the United Provinces of the Netherlands doe hereby Testifie affirme and declare, that the words (Poterunt Litem inceptam prosequi) in the fifteenth Article of the said Treaty relating to the Ships Bona Esperan za et Bona Adventura, was by us meant and intended that Lis begun and now depending at the Hague in a Pollitique way between Sr. George Down­ing Knight and Barronet his Majesties Envoy extraordinary, and the Deputies of the said States and no other. And that there was no mention ever made of any other Lis begun and depending then that. And as to the construing of the said words to have Reference to any Lis pretended to be now Incepta at Amsterdam before the Eschevens there. Wee the said Com­missioners do further Testifie and declare, that there was not any mention made during the time of the Treaty of any such Lis incepta at Amsterdam, but indeed the said Embassa­dors did particularly and earnestly presse that the business as to those two Ships might have been left to the ordinary Course of Iustice in Amsterdam, which was absolutely refused by us the said Commissioners in the name and by order of his said Majestie, and by his said Majestie himself (as he declared in Council) in Conference with the said Embassadors, and that with this Declaration, that this businesse should not be removed out of the way it was depending upon the severall memorialls & proceedings at the Hague by his Majesties order and direction given in that case to Sr. George Downing which was mutually agreed accordingly. In testi­mony whereof, we have hereunto subscribed our names and affixed our Seales this nine & Twentieth day of May in the fifteenth Year of the Raign of our Soveraign Lord King Charles the Second, Anno Domini, 1663.

IN this case of the Bona Esperanza, and Henry Bona Adven [...]ura of London, The King appeared, so highly for a Soveraign remedy and satisfaction beyond all other cases whatsoever; that when the States Embassadours Mes­sieurs van Hoorn and van Gogh desired their Credentialls to be gon re infecta in the Moneth of August 1662. unless his Majesty would Mortifie and Ex­tinguish the injuries Losses offences and Dammages concerning the said two Ships Bona Esperanza and Bona Adventura. His Majesty presently ordered Sr. William Morice to prepare the Letters Credentiall for his Royall Signiture, which was done and signed accordingly, whereupon the Em­bassadours desired another conference with the Kings Commissioners, pretending their Masters had given them further instructions by the last post, to accommodate the difference by an Expe­dient: Which was a clause sent by Iohn de Witt in Latin to follow after the Mortification of all other injuries and offences &c. in these Words: Hoc excepto quod scilicet qui se jacturam passos dicunt in duabus navibus (viz) bona Esperanza & Bona Adventura, Poterunt Litem inceptam Prosequi. Which was a very slight Expedient to be accepted after 15. Moneths vigorous prosecution by memorialls in the Kings Name for such an injury and offence committed against the Laws of Common Amity. Whereby the trading voyages of Courten and Company to China and Iapan were spoiled; A foun­dation laid by Patent for an Indian Navigation beyond all enterprizes that ever were undertaken by one English men before Sr. Wil. Courten and Company.

The Treaty being so concluded at London; The Kings Ministers both in England and Holland pressed on for an accommodation of that affair according to his Majesties intention, but the East-India Company of the Netherlands would not come to any account for spoils (pro consequentia) having for some reasons not onely killed and wounded many of his Majesties Subjects in the Bona Esperanza but disapointed the factories by taking away their goods and embeazling all their books and writings.

It is provided in the 15. Article that the Commissioners should not meddle with any Dammages or offences to come after the Treaty was concluded, and also that the progress of all things brought be­fore the Commissioners and Arbitrators should be carried on in the same manner as it was in the year 1654. who concluded nothing (but Amboyna) of the great list of Dammages, so that the Dutch in­tended nothing as they reported at the Hague but to outwit the English.

The Kings Ministers nor any of the persons interessed and injured could get no other answer from the States or the East-India Company, but that those qui se passos dicunt (although the fact was confess­ed) Poterunt Litem inceptam prosequi onely for the money; due upon Sr. Paul Pyndars assignation as if there wanted a Treaty of State to impower any Englishmen to prosecute the East-India Company at Law in the ordinary course of Justice upon any pretence whatsoever. Then the Creditors and Proprietors resolved unanimously together that the Hollanders should not find them Children but men, and Englishmen, that would not be contemned and derided by any Nation in the world, and would as soon lose their lives as their livelyhoods, Honours or reputations: Wherefore they applyed themselvs again to his Majesty, and also complained in Parliament, who voted to assist the King in requiring satisfaction accordingly; afterwards the Lord Chancelour desired a conference with some of the persons interessed to understand the merits of the case. Then Francis late Earl of Shrewsbury appeared personally before his Lordship and protested that 2500 L Sterling all the money left in the Family was lent to Mr. Courten upon the East-India account, Sr. Iohn Ayton and Charles W [...]itaker did the like, Mrs. Bartlett Sister of Endimion Porter, George Townsend and many others ap­pearing for themselvs, and diverse O [...]phants and Widdows, whose portions and Estates were all imbarqued with Courten, Pyndar, and Littleton which aggrevated the offences and injurie so far, that it was found absolutely necessary by the King and his Councell to pass an Especial Grant for Reprisall to remain effectuall in all times untill satisfaction and reparation should be made for the debt and Dam­mages awarded for the said spoils injuries and Losses, as by the Letters Patents in the 25. Page at Large appears, which is such an indispensible act, that cannot be violated; And severall neutrall Ministers of State in Forraign Courts upon perusing the said Patent, and waighing all circumstan­ces, gave this Character of it; That it was an Act passed not onely by King Charles the Great, but by King Charles the Iust.

THe Governours, Directours and high Participants of the East and West Indian Companies of the Netherlands are the Magistrates of the chief Cities and Towns in Holland and Zealand, whose Officers and Ministers abroad are those persons that have acted and caused to be done all those injuries, offences, dammages, and losses mentioned in the Third Article of the Treaty at Breda.

And all actions, Suits, and pretences whatsoever, mentioned in the fourth and fifth Articles of the Treaty, proceeded from the said Injuries, Offences, Dammaget and Losses, and were to be prosecuted in the Kings Name, as (Crimen Laesae Majestatis) Capital Crimes against the Publick Peace.

But under the notion of those Injuries, Offences, Dammages and Losses for spoils and depredations, cannot be comprehended any private or particular dealings between Man and Man, nor any Covenants, Obligations, Contracts, or Merchants Accounts yet the Hollanders and Zealanders would have them applicable to the Generall Words of all Actions, Suits, and Pretences whatsoever, without distinction of place, time, or things, as in the Case between Fletcher and Pergens (wherein the States of Holland have by their Order on the 10. of September last prohibited the Magistrates of Amsterdam, the Provintiall Court and the Supream Court of Judicature at the Hague from doing any ordinary Justice for money received upon a Contract, and Assignation of 5500 pounds as hereafter appears) and so at one blow would destroy all mutual Society and Com­merce. If the words should contain (or be understood) all pretences generally whatsoever, no Bills of Exchange, or debts con­tracted [Page 54] on either side ought to have been paid, that were contracted or oweing before the Treaty. No Action upon a particular & Civill account can be extinguished by generall words in a Treaty unless a confiscation thereof be first expressed in terminis, or spe­ [...]ially as the King of Denmarks, debt upon obligation to the Merchants Adventurers of Hamburg, who may expect in due time some answerable reparation, from the Crown of England.

It iss against the rules of Iustice and Equity, and all Morall principles to hinder any man the ordinary course of Law in Civill and particular Actions. Its granted that Soveraign Princes and States may renounce for themselvs and their successours all such Actions, Suits, and pretences whatsoever that arise upon Injuries, Offences, Dammages and Losses where they are brought in the Name of the Soveraign Power or that must be moved in a way of State.

In all Acts of Generall Pardon there are severall exceptions (and a Salvo Jure) to particular mens interests.

In cases of Murther Appeals are brought sometimes at the suits of the party after acquitall in the Kings Action.

Besides there is a Court of Conscience in all mens breasts, and no Soveraign Power in the World can hinder any man from ad­ministring Iustice and Equity to his party, which remains in his own power to do; when he is convinced, that he hath don him wrong: But the East and West India Companies of the Netherlands; will neither do right of themselvs, nor be compelled thereunto by others, for any thing in that great list of Dammages against them mentioned in the 15. Article of the Treaty 1662.

Now as to the 8. Articles, John de Wit wanted words to mortifie that speciall action, which remain upon record: Yet he saith, it ought to be reckoned and comprehended under the Generall Notification and extinguishment, (words never found out before John de Witt was Chancellor of Holland, which came home to him & his Brother at last) But how a Patent under the Great Seal of England granted such waighey consideration can be revoked, John de Wit could find no president without satisfaction.

It is true all other Injuries, offences, Dammages, and Losses remained in nubibus and nothing was made cleare and reduced to a certainty but the Bona Esperanza, and Henry Bona Adventura, which without all doubt, will yet make a good voyage, in time for the remaining Effects although they have met with many storms and tempests.

DON PHILIP, by the Grace of God, King of Castile, Leon, Arragon▪ the two Sicilies, Jerusalem, Portugal, Navarre, Grana­do, Toledo, Valencia, Galicia; Majorca, Sivilla, Sardinia, Cordua, Corsega, Murica, Jaen, the Algarves, Algesira, Gibral­tar, the Islands of the Canaties, the East and West Indies, Islands, and firm Land of the Ocean Sea, Arch-Duke of Austria, Duke of Burgundy, Brabant, and Milan, Earl of Haspurg, Flanders, Tirol, and Barcel­lona, Lord of Biscay and Molina, &c.

WHereas on the behalf of you Richard Anthony, Consul of the English Nation for your self, and in the Name of the Subjects of the King of Great Britain, it hath been shewed unto us, That by vertue of the Peace which is concluded in this and that Realm, you do reside and trade in Andalusia, and specially in the Cities of Sivil, St. Lucar, Cadiz, and Malaga, desiring us to be pleased to confirm unto you the priviledges, exemptions and faculties which do belong unto you as well by the Articles of the said Peace, as by the Confirmations thereof, and other Favours and Graces which our Lord and Father of glorious memory did grant unto you, and all such others which have been given you by the Crowns of our Realms of Castile and Portugal, and to command that they may be in, and for all things observed and accomplished unto you without any limitation, and for further assurance to grant them anew unto you, with the qualities, amplitudes and declarations which shall be most convenient for you; and to set Penalties upon such as shall contradict, and not observe them unto you; and to the end it may be known what they are, to grant them Copies thereof, or of that which our favour shall be: And we taking the Premises into consideration; and because for the occasions which we have for our Wars, you have offered to serve us which 2500. Dukets of Silver, to be paid one Thousand ready money, and the remaining one Thousand five Hundred in the Moneth of April of this Year; whereof the Licentiate Francis Moreno, which in reversion of Don Anthony de Campo Rodondo y Rio, Knight of the Order of Santiago, one of our Concil and Chamber, and of the Treasury, in your name, and by vertue of your power did acknowledge a Writing of Obligation in form before Iohn Cortez de la Cruz, our Notary, we do hold it for good; And by these Presents, of our own motion, and certain knowledge, and Royal and absolute Power, which we in this behalf will make use of, and do use as an ab­solute King and Lord, not acknowledging any Superior in matters Temporal, do confirm and approve the Pri­viledges, Exemptions, and Faculties which do belong unto you as wel by the Articles of the said Peace, as by the Confirmation thereof; and also the other favours and graces which our Lord and Father dit grant unto you and others whatsoever, which have been given by our Crowns of Castile and Portugal unto the said Subjects, in and for all things as therein, and every thing and part thereof is specified, contained, and declared, to the end they may be firm, stable, and of value, and be observed, kept and accomplished unto you: For our deliberate intent and will is, that all those of the said Nation shall enjoy thereof without any limitation, in such manner, that during the time the said Englishmen shall reside in Andaluzia, neither you nor they may be charged with any Office or pu­blick Charge, nor Council, Tutorship, Curatorship, Receivers or Treasurers, although they be of Customes and Millions, or other Services which concern our Royal Treasury; and much less they may demand of you any Loans or Donations, or take from you any Rights, or your Rents, Horses, or Slaves: And to do you the more favour or grace according to that which is agreed by the said Peace, we do will and promise that you shall and may deal and trade freely, and sell your Merchandise and Fruits, and buy those of my Realms, and carry them forth, observing that which is ordained and commanded by the Laws and Statutes which make mention thereof, and paying to our Royal Treasury the Duties or Customs which ought to be paid; prohibiting, as we do prohibit and command, not to take from you by force any Merchandises, Wheat, or Barley, although it be for the making ready or furnishing our Armies, Fleets or Gallions, nor for Purveyors or Stewards; and the Priviledges are [Page 55] to be concerning the Wheat and Barley according to the Tun; and concerning the other things and Merchandises, as you shal conclude and agree: but they may not take them out of your Possession until they have paid for them, unless for the same there be leave given / that they do not molest and trouble you. And forasmuch as many of you do treat to bring into the Ports of Andaluzia, the City of Sivil, and other places, great quantity of New Foundland-Fish, and other sorts of dry and salted Fish, because they are Dictuals which are very necessary; and that you have been and are put to great Charges, and are much troubled, We do will and command to be kept the Ordinance of the City of Sivil, whereby it is ordained, that those which come in with dry or salted Fish, there shal not be any Price or Rate set upon them, but they shall be permitted to sell at such a Price as they shall think good; and it shall not be necessary to manifest them any more then unto our Officers which receive our Royal Rents: and if the Ships wherein the said Fish is brought be great Ships, that they cannot go up the River, and that the same be put into Barques or Lighters, the Iudge of the Admiralty nor any other person may not put any Waiters or Keepers into the Barques or Lighters at the charge of the Owners of them.

And we do also command, That if the said Fish shall appear to be rotten, and that it cannot be spent, that it be burnt, or thrown into the Sea; and that for this cause there shall not be any Cause or Action commenced against the Owners thereof, or persons which shall sell it, nor they shall not be imprisoned, nor informed against. And forasmuch as the officers of the Customs, and others of divers duties which are received for the Fruits and Merchandises, do use when any person doth inform, to have the defendant imprisoned which sheweth himself to be party, whereby happeneth to men of Trade great discrepit, charges and vexations; Our will is, and we do com­mand, That in the said Information there shall be onely proceeded against the Merchandises, and not against the persons; but they shall be permitted (as we do permit them) to make; and they shall make their defences in the said Vexration. And forasmuch also, as according to an Articles of the said Peace, which maketh mention of matters in Religion, notwithstanding that in some Suits they should declare whether they be Roman Catholiques or not, excusing themselvs to give faith to others which they take as parties or as witnesses.

We do also command, That concerning this matter there he not done, nor there shall not be done, any thing with those which are born in the said Realm, but onely that the said Condition be kept and accomplished, and that no such questions be put unto them, giving unto the oaths which they shall take in Iudgement Court, and with­out, the same faith and credit which should be given in case they were Spaniards, and herein you shall not receive any trouble or molestation nor there shall no grievance be done unto you: And whereas for the justification of some causes, the Iudges and Iustices do pretend that the Merchants of the said Nation should exhibit Books of their contrac­tions or dealings; we do will and command, that the Books of the Merchants of the said Merchants of the said Nation shall not be taken out of their hands for any cause whatsoever, but they shall keep and shew them in their houses, to take out the part which shall be appointed, and others shall not be demanded of them, nor there shall not be any other Papers taken from them, upon penalty that he which shall do here against shall be punished according to Law.

And forasmuch as the Merchants do dispatch the Merchandise from the Custom house of the said City of Sivil of all Duties, and because there are many which do make up a sheet, which is Subscribed and Signed by all the Offi­cers, and remaineth in the hand of the Alcayde of the Custom-house; for that by vertue thereof, the Merchandises are permitted go to forth, which are in Fardels, Packs, Trunks and Cases; and afterwards when they have taken them forth, and put them into their Houses and Warehouses, the chief Keeper of the Customhouse, and the Officers of the half per Cent, do visit the House and Goods, troubling and molesting them, demanding of them the dispatches, it seeming unto them, that they may detain them, because they left the dispatch in the hands of the said Alcayde of the Custom-house; we do prohibit and command, that the houses of the said Merchants shall not be visited, nor the dis­patches shall not nor may not be demanded of them, in regard they have them not in their hands; and this is to be un­derstood, and is understood of houses which are within the Walls of the said City; and to the end it may be known to you, which are of the English Nation, there is to be delivered unto you copies of the said Priviledges and Exemptions with do concern you, and which were granted unto you; as well by the Articles of Peace, as by any other manner. And for execution and accomplishment of all Premisses, we do command those of our Council, and those of our Coun­cils, Assemblies and Tribunals of our Court, and the Presidents and Iudges of our Audiences, Alcaydes, and Officers of our House and Court, and Chanceries, and the Regent and Iudge of the Court of Degrees of the City of Sivil, and chief Alcaldes of the Precincts thereof, and all the Corrigidors, Assistants and Governours chief Iu­stices, and Ordinaries, as well in the said Cities of Sivil, Cadiz, Malagar, and St. Lucar de Barameda, as of all other Cities, Towns and Places of these our Realms and Dominions, and all other Iudges and Iustices what­soever, of what quality or condition soever they may be, whom principally or incidentally may concern in any manner the amplishment or performance of that which is contained in this Patent, that presently so soon as they shall be by vertue thereof required, or the Copy thereof Signed by a Notary publick, that there be thereunto given as much faith, as unto the Original: and that every one in the place where it shall concern him do observe, and accomplish, and cause the same to be observed, accomplished, and executed, in and for all things as therein is contained, and they shall not in all nor in part put upon you any impediments, nor any other difficulties or doubts, nor do any thing against the tenor and form thereof, nor consent or give way that it be interpreted, limited or sus­pended in all or in part, or that to the contrary be given any Sedidas, provisions, or other dispatches; but for ob­servation thereof, in the place which shall concern every one, they shall give order, and ordain to deliver unto you those which shall be necessary: and for more firmness and validity of the favour and grace which by this our Pa­tent we do grant you, and that at all times this favour may be certain and sure unto you, you are to keep or have a Iudge Conservator in Andalusia, especially in the said Cities of Sivil, Malaga, Cadix, and St. Lucar de Barame­da, unto whom we are to give sufficient Commission for keeping and accomplishing the said Priviledges, Liber­ties and Exemptions, who shall constrain and compell all and whatsoever persons, of what sort or quality they may be that shall concern the said Nation, as well those which shall be Defendants accused, as those which shall be Plaintiffs; although the persons which shall accuse them, and which shall be accused by them, have private Iudges, as well by consent as agreement which they may have made by preeminence or priviledge which they hold, to the end the said Iudge Conservator may onely take knowledge privately of the said Courts, and not any other Iudge or Tribunal, although it be by way of excess or notorious Iustice, or in any other matter or form; which Iudge Conservator is now Doctor Don Francisco de Vergara, Iudge of our Court de les Grados, of the City of Sivil the time that he shall assist therein, and in his absence the Licentiate Don Francisco de Modrano, Iudge of the same Court, who for the suits which shall be commenced in the said Cities of Cadiz, Malaga, & St. Lucar, is to subde­legate his Conservatorship, in the person which by the said Nation shall be propounded or named, that he may effect [Page 56] the same to the conclusion, and they shall be referred unto him to be determined: and of that which he shall determine, the Appeal is to be made to our Council, and not to any other Court.

And forasmuch as our will is, that every one in his time shall have primitive Commission, and Iurisdiction to protect and defend you concerning all the contents of this our Patent, that all the same may be kept and accomplished in the form which we do offer the same unto you, we have found good to charge, as by these presents we do charge them with the protection and defence hereof: and we do command them to see or peruse this our Patent, and the qualities, conditions, pre-emmencies, and amplifications therein contaied, and to cause all the same to be kept, accomplished and executed, in such form and manner, and according as therein is contained and declared, without consenting or giving way, that in all, or in part there be made into you any doubt or difficulty, and before the said Don Francisco de Vergara, or in his absence before the said Francis de Modrano (and not before any other Iudge) privately in the first instance, are to pass, and be followed all the causes and suits, which concerning the premisses, or any thing or part thereof shall be moved and caused, and the execution and punishment of those which shall not­be obedient; for our will is, that the knowledge and determination of all the contents in this our Patent, is in all things privately to concern, and shall concern them; proceeding in all things against those which shall be culpable, and executing for the same the penalties, which are mentioned by law, reserving as we do reserve, that appellations which shall be put in upon their acts and sentences, to our Council, and not any other Court, without that any of other our Councils, Tribunals, Courts, Chanceries, or any other Iudges or Iustices of our Realms or Dominions, or whatsoever quality they be, may meddle, or shal meddle sherewith, or in the use or exercise of the Inrisdiction privative in the said first instance, which by this our Patent we do grant unto them, by way of ex­cess, appellation, or any other recourse or manner; the which and every of them, we do inhibit and hold for inhi­bited, the knowledge thereof, and do declare them for incompetent Iudges thereof: for which and every thing, and part thereof, we do give them the most sufficient power, and most ample Commission, which according to Law is required and necessary, with the incidences and dependencies, annex [...]ties; and after them the said English Nation of the said City of Sivil, may name in the said Commission one of the Iudges of the said Audience, which the said Nation shall chuse: and we do command the President, and those of our Council of the Chamber, that presenting before them their nomination (the case happening) to make void the said Commission, by promotion or vocation of the said Don Francisco de Vergera, and Don Francis de Modrano, or to dispatch it, in any other manner, by Ordinary, to him that shall be therein nominated, in the form ac­cording, and as by this our Patent is declared. And that it may be the better accomplished, we do from this time give them power and authority, that they may Subdelegate, and they shall Subdelegate this Commission, for the business and Suits which shall be offered in the said Cities of Cadiz, Malaga, and St. Lucar de Berameda, in the person which by you shall be propounded unto them, that they may substantiate them for a conclusion, aud remit the Suits and Causes unto them to be determined, in such manner as they shall said good and convenient, for the security of that which is contained in this our Patent. And we do charge the most excellent Prince, Don Balthasar de Gharles, our most dear and most beloved Son, and do command the Infants, Prelates, Dukes, Marquesses, Earls, Richmen, Commanders, and under Commanders, Governours of Castels, strong Houses, and Plains, and those of our Council, Presidents, and Judges of our Courts, Alcaydes, and Officers of our House, Court and Chanceries, and all the Corrigidors, Assistants, Gouvernors, Alcaldes, Majors, and Ordinaries, and whatsoever Judges and Justices of these our Realms and Dominions, to observe and accomplish, and cause to be observed and accomplished, this our Patent, and the favour or Grace which thereby we do grant you, and against the tenor and form thereof, not to do or pass, now, nor at any time, in any manner perpetually for evermore; Nor to consent or give way to be limited or suspended unto you all or part thereof, notwithstanding whatsoever Laws or Statutes of these our Realms and Dominions, Ordinances, Stile, Use, or Custom of the said Cities of Sivil, Cadiz, Malaga, or St. Lucar, or any other thing which is or may be to the contrary; the which for this time, for somuch as concerneth this matter, holding the same here for inserted and incorporated, [...] it were word for word written, we do dispence, abrogate, derogate, cancel, annihilate, and make uoid and of none effect, remaining in full force and effect for all other things henceforward, And for this our Patent, Jeronimo de Canence, Auditor of Accompts, in our chief Office of Accompts, and our Secretary of the Mediaenate shall take a Copy, at whose Charge in the accompt and reason of this right, And we do declare, that for this favour you have paid the duty of the Mediaenate, which amounteth to thirty and five thousand one hundred fifty and five Maravediz is a Spanish coyne, whereof 32 makes a Royall of 2. the whole sum contains 30 pounds Sterling or thereabouts. Mara­vediz in Silver: which summe you are to pay from fifteen to fifteen years perpetually, and in case they do accom­plished or end, you may not make use of this favour, untill such time as it shall first appear that you have satisfied this Duty. And you are also to pay the Judge Conservator, which shall be named, his Salary, or to help to bear his charges, which he shall enjoy for his labour or pains in the said business before you shall enjoy thereof, which is to appear by Certificate of the Office of this Duty. Given in Saragosa, the nineteenth day of March. Anno 1645.

QUandoquidem, ut extingueretur funestum illud bellum, quod inter Serenissimum ac Potenti [...]i­mum Principem, Dominum, Carolum Secundum, Magnae Britanniae, Franciae & Hiberniae Re­gem, fidei Defensorem, &c. & Cellos ac Praepotentes Dom: Ordines Generales Foederati Belgii; nuper exortum, eriamnum flagrat, non solum totius ferè Christiani Orbis suspiria effligitaverint, sed praecipuè Serenissima Dom: Regina Regens Hispaniae, ex intuitu antiquae illius necessitudinis & Amicitiae, quae inter Coronas Britannicam & Hispanicam semper intercessit, eo operam suam cu­ramque adhibuit ut dissidiis omnibus inter Regnum Magnae Britanniae & Foederati Belgii Provincias, prorsus sublatis, Pax quantocius restitueretur; Quumque Praedicti Ordines Generales Foederati Belgii supra nominatum Serenishmum Dominum Magae Britanniae Regem tum per Literas suas [Page 57] quàm per nuncia repetita flectere conati sint, ut conditionibus Pacis aurem animumque accommodare vellet; Atque ut Pacifica negotiatio facilius feliciusque ad optatum exitum perduceretur Illustrissimo ac Excellentissimo Domino Petro Fer­nandez de Iouar & Velasco Marchioni de Fresne, Majestati su [...] Catholicae à Cubiculis intimis, Et Serenissimi ac Poten­tissini Principis Domini Caroli Secundi Hispaniarum, &c. Regis apud eundem Serenissimum Dominum Magnae Britan­niae, &c. Regem Legato extraordinario plenam potestatem dederint, ut eorum nomine, atque ex eorum parte pacem pro iis, cum praesato Serenissimo Domino Magnae Britannie Rege tractaret & concluderet, toties memoratus Sere­nissimus Dominus Magnae Britanniae Rex, qui non nisi firmae ac duraturae Pacis causa hoc bellum primò suscepit, inter­positionem supradictae Serenissimae Dominae Reginae Regentis Hispaniae tanti fecit ut desideriis praememoratorum Ordi­num Generalium in hac parte libenter accedere voluerit, adeoque ac Pacis Tractatum inter Majestatem suam dictosque Ordines Generales ineundum conficiendumque Deputatos Commissarios & Procuratores suos plenâ potestate Munitos no­minavit & constituit perquam fidelem & praedilectum Consiliarium suum intimum Heneagium Baronem Finch de Da­ventrii, Magni Angliae Sigilli custodem, perquam fideles & praedilectos consanguineos & Consiliarios suos intimos Tho­m [...]m Vice-Co [...]item Latimer, summum Angliae Thesaurarium, Iacobum Ducem de Monmouth Equestris Turmae pro custodia Majestatis suae Capitaneum, Iacobum Ducem Ormondiae, Hospitii Regii Seneschallum, Henricum Comite [...] de Arlington primariorum Majestatis suae Secretariorum unum, & perquam fidelem & praedilectum Consiliarium suum intimum Henricum Coventrii Armigerum, Primariorum Secretariorum alterum; qui quidem Commissarii ac Deputati cum Praefato Domino Marchione de Fresuo parem à praedictis Ordinibus Generalibus Foederati Belgii Potestatem habente congressi & collocuti in haec demum pacta capitulaque Tractatus & subsequentes Articulos concordibus animis mutuò con­senserunt conveneruntque.

CAROLUS Secundus Dei gratia Magnae Britanniae, Franciae & Hiberniae Rex, Fidei Defen­sor, &c. Omnibus & singulis ad quos presentes literae prevenerint, Salutem, Quandoquidem Illustrissimus & Excellentissimus Dominus Petrus Fernandez de Ionar & Velasco, Marchio de Fresuo, Majestati suae Ca­tholicae a Cubiculis intimis, & Serenissimi a [...] Potentissimi Principis Domini Caroli Secundi, Hispaniae Regis apud Nos Legatus Extraordinarius jam antea per Memoriale Nobis 10. die Decembris nuper elapsi exhibitum exposi [...]it quantum Serenissima Domina Regina Regens Hispaniae defideraverit, ut Pax inter Nos & Celsos ac Praepotentos Dominos Ordines Generales Foederati Belgii restitueretur, in eoque Memorali cer [...]as quas­dem conditiones praedictorum Ordinum Generalium nomine pro Pace cum iis restauranda Nobis obtulit: Cumque deinceps per liter as & nuncia reiterata dictorum Ordinum Generalium ad Nos missa intellexerimus [Page 58] Eos perqu [...] obnixè [...], ut dissidi [...] inter Nos atque [...]os suborta componantur, & inimicitiis consopitis, armis depositis [...] Pace redintegrat [...] pristi [...] [...] supra-nominati Ordines Generales Nobiscum toluerunt amicitia & bona correspondentia renove­tur: Et cum eidem Domino [...]archioui de Fresno plenam ex [...]orum parte super pr [...]dicta Pace restabilienda Nobiscum tractandi & concludendi Porestatem [...] ex Commissione sive mandato speciali ea de re dictis Dominis Ordinibus Ge­neralibus pr [...]fato Domino Marchioni de Fresno concesso, d [...]to Hagae-Comitis duodecimo die Februarii nunc instantis juxta stylum novum apparet; Nos quidem quibus nihil magis cordi [...] etiam ab initio hujus Belli quam ut Populi utriusque Nationis benefi­cio [...]aci [...] & Commercii libertate secur [...] & aequè fruerentur pro summo quo supr [...] nomi [...]atam Sere [...]issimam Dominam Reginam Regentem Hispa [...] honore prosequimur, hanc praedicti Domini Marchionis de Fresno interpositionem ex animo amplexam [...]r & propositionibus ab illo pro [...]ecturis obviam libenter imus. Sciatis igitur quod Nos spectatissimd per quam fidelis & praedilecti Con­siliarii Nostri [...] Henegaii [...] Baroniis Finch de Daventrii Magni Nostri Angliae Sigilli Custodis, perquam fidelium & praedi­lectorum Consanguiueorum & [...] Nostr [...]rum intimorum Thomae Vice Comitis Latimer summi Angliae The saurarii, Jacobi Ducis de Monmouth, Equestr is [...] pro Custodia Nostra Capitanei, Jacobi Ducis Ormondiae, Hospitii Nostri Se [...] ­schalli, Henrici Comitis de Arlington, Pri [...]arior [...] Secretariorum Nostrorum unius, & perquam Fidelis & Praedilecti Con­silia [...]ii Nostri intimi, Henrici Coventry, Ar [...]igeri Primariorum Secretariorum Nostrorum alterius, fide, prudentia, indu­stria & integritate plurimum confisi, Eosdem fecimus, Ordinavi [...] & Deputavimus ac per praesentes facimus, Ordinamus & Deputamus veros & ind [...]bitatos Commissarios, Dep [...]atos & Procuratores Nostros; Dantes & concedentes iisdem omnibus sive quibusvis quat [...]or vel pluribus eorum plenam & omnimodam Potestatem & authoritatem pariter & Mandatum generale at speciale cum Praefato Marchione de Fresno ad hoc sufficientem Potestatem habente de & super Pace ac Pristina amicitia inter [...] & praedictos Ordines Gnerales restauranda renovandaque, nec non de & super Commercii & Navigationis libertate stabilie [...]d [...] utilissmis & maximè convenientibus Articulis & Conditionibus communicandi, tractandi, conveniendi, & concludendi, cae­teraque omnia faciendi quae ad praedictos fines faciant & conducant; atque super iis Articulos, Literas & Instrumenta necessa­ria conficiendi, & a memorato Domino Marchione de Fresno petendi & recipiendi; Denique omnia ea quae ad praemissa vel circae eadem erunt necessari [...] & opportuna expediendi; Promittentes bona fide & in verbo Regio Nos omnia & singula quae i [...]ter dictos Nostros Procuratores, Deputatos ac Commissarios aut eorum quatuor vel plures atque praenominatum Dominum Marchio­nem de Fresno in praemissis facta, pacta & conclusa erunt, ra [...]a grata & firma omni meliori modo habituros nec contra ipsor [...] aliquid aut aliqua contraventuros, quin potius quicquid nomine Nostro promissum fuerit sanctè & inviolabiliter observaturo [...] & observari curaturos. In cujus rei majorem fidem & testimonium hasce literas manu Nostro propriae Signatos Magno Nostro An­gilae Sigillo communiri fecimus. Quae dabantur in Palatio Nostro de Whitehal quinto die Februarii Anno Domini [...]illes [...]o sexce [...] ­tesimo septuagesmo tertio secundum styl [...] Anglicanum, Regnique Nostri vicesi [...]o sexto.

LEs Esta [...]s Generaux des Provinces Unies des Pays-Bas; A tour ceux qui ces presentes lettres verront, Salut; Comme ainsi soit que pour sortir de la funeste guerre dont presque toute la Chrestienté se trouve affligée & qui a commis cet Estat avec sa Majesté de la Grande Bretagne, Nous avons cru devoir profiter des soins que la Reine Regente d' Espagne, a bien voulu prendre pour faire renover entre sa Majesté & cet Estat cetre an­cienne amitié qui a esté si avantageuse a l'un & a l'autre. Il a plu à sa Majesté d'employer pour cela Monsieur Don Pedro Fernandez de Io [...]ar & Velasco, Marquis del Fresuo, Gentilhomme de sa Majesté Catholique, & son Ambassadeur Extraordinaire au Roy de la Grande Bretagne, lequely a fait de si bons offices & y a agy avec tant de dexterité & de conduitte, que nous avons sujet de nous promettre un tresheureux succés de la suitte de sa negociation, fur tout si son Excellence veut bien prendre la peine de joindre aux offices de mediation qu'il a employés jusques icy, [...] qui restent encore a faire de nostre part & en nostre nom; Et d' autant que Nous ne pouvons pas doubter qu' elle ne ve [...]lle volontiers contribuer tout ce qui dependra d' elle à procurer un si grand bien que celuy de la Paix, & de son repos, no [...] avons bien voulu requerir ledit Sieur Marquis del Fresno & en mesme temps l' authoriser; Ainsi que nous le requerons & authorisons par les presentes; luy donnants plein Pouvoir & authorité special de conferer, negocier & traitter avec sa­dite Majesté le Roy de la Grande Bretagne, ses Ministres, Deputez ou Commissaires une bonne Paix aux conditions les plus utiles & les plus avantageuses que faire se pourra, d'en convenir, les resoudre, arrester, conclurre & singer, & d'en passer les Actes & Instruments necessaires en bonne & deuë forme, & de faire generalement tout ce que nous pourrions faire si nous y estions presens, quand mesme pour cela il seroit besoin de Pouvoir ou de Mandement plus special, Promet­tans sincerement & de bonne foy, d'avoir pour agreable ferme & stable tout ce que par le dit Sieur Marquis aura esté ainsi fait, negotié, promis, accordé, arresté & signé; Comme ayant pour cet effect plein Pouvoir de nous, & de l'obser­ver, accomplir & executer inviolablement en tous ses poincts, sans jamais aller au contraire directement ny indirecteme [...], en quelque façon ou maniere que ce soit, de l'aggreër, l'approuver & de le ratifier en la meilleure forme que faire se pourra; & dans le temps qui sera exprimé par le Traitté, nous en ferons expedier nos lettres d'approbation d'aggréement & de ratification sans en faire faute. Donné à la Haye en Nostre Assemblée sous Nostre Grand Sceau, Paraphe du Presi­dent & Signature de l'un de nos Greffiers le douziéme jour de Feurier de l'An mil six sent soixante quatorzepunc; Paraphé Gasp▪ Fagel. vt. Plu [...] [...]as, Par Ordonnance desdits Seigneurs Estats Generaux.

WHereas by the Treatie Concluded at Westminster, the 9 of Febr. 1674. between the Illustrious and most mightie King, Charles the Second, by the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith &c. And the High and Mightie States Gene­rall of the United Netherlands: it is agreed, by the Eighth, and Nineth Articles, That six Commissioners to be named on the part of the said Illustrious King of Great Britain, with the like number on the part of the Lords the States Generall, to be sent to London, A Treaty should be made, and whereas Thomas Lord Culpeper, George Downing Knight and Baronet, Richard Ford, William Thompson Knights, John Jollif, and Iohn Buckworth Esquires, are to that End appointed, by the aforenamed Illustrious King of Great Britain, As also that Iohn Corver, and Gillis Sautin, Schepen, and Councell of the Citie of Am­sterdam, Samuel Beyer, and Andrew van Vossen, Councell and Recorder of the re­spective Cities of Rotterdam, and Enckhuysen, Pieter Duyvelaer, late Burgermaster of Middelburgh, And Michel Michelson, Schepen and Councell of the Citie of Flushing, Commissioners sent to London, on the part of the Lords States Generall, have had severall meetings, and debates touching that matter, have finally by vertue of their full powers (to them respectively given) in order to the aforesaid Articles unanimously Consented, and agreed on the following Articles of a Treatie of Marine, to be observed in all the se­verall parts of the World, by Land, and by Sea.

IN all the Articles of the Bourgondian Treaty there is no mention made of striking the Flagg to the Kings ships, in regard it was such an Ancient right and Custome adherent to the Crown of England, that it was needless to Express such a Prerogative that by con­sequence was implyed, however the Hollanders made it a Moot point with Cromwell; The States having refused to strike unto the long Parliament their younger Brothers. Yet Nevertheless it was agreed in Cromwells Treaty, that the Dutch Ships of warr and Merchants should strike to the English Men of warr; inferring from thence, that they were to give honor to the Nation, from the old Dictate, quatuor Maria Vindico. And the words in Cromwels Treaty were, that the States General and their Subjects should strike in such Manner as was used in any former times whatsoever.

In the time of Queen Elisabeth, when any one of her Majesties Small Ships arriv­ed at Rotterdam bearing the Standard of England, all the Dutch Ships struck their Flags in the Harbour and Lowr­ed their Topp-Sails, although there was no Article to that purpose in the Treaty and League between the Queen and the States; but those ancient rights were observed out of respect and honour due to the Crown of England for keeping the seas free from Pyrates and Rovers, when the Bourgundians had not a man of warr to resist them from drag­ging away the Ships out of their Sandy and dangerous wads and Harbours, and for sheltring them in hard and tem­pestuous Weather in havens upon the English Coasts. But because the Hollanders were so unmannerly and forgetfull in late days of their duty and gratitude, this following Article was agreed upon in the Treaty concluded at London 9 of February 1673. old Stile.

Praedicti Ordines Generales Unitarum Provinciarum debité ex parte suâ agnoscentes jus supramemorati Serenissimi Do­mini Magnae Britanniae Regis ut vexillo suo in maribus infrà nominandis honcs habeatur, declarabunt & declarant, concorda­bunt & concordant, quod quaecunque naves aut navigia ad Praefatas Unitas Provincias spectantia, sive aliae eaeque vel singulae vel in Classibus conjunctae, in ullis maribus a Promontorio Finisterrae dicto usque ad medium punctum terrae van Staten dictae in Norvegiâ quibuslibet navibus aut navigiis ad Serenissimum Dom: Magnae Britanniae Regem spectantibus obviam dederint, sive illae naves singulae sint, vel in numero majori si Majestatis suae Britannicae aplustrum sive vexillum JACK appellatum gerant, praedictae Unitarum Provinciarum naves aut navigia vexillum suum è mali vertice detrahent & supremum velum dimittent, eodem modo parique honoris testimonio, quo ullo unquam tempore aut in ullo loco antehac usitatum suit versus ullas Majestatis suae Britannicae aut Antecessorum suorum naves ab ullis Ordinum Generalium suorumve Antecessorum navibus. Yett Monsr. Peter Valckonier, in his History of the warrs of Europe since the year 1600 printed at Amsterdam, in the year 1675 Says it is an insolency in the English Nation to insist upon the Flagg and Jack.

It is acknowledged and agreed by all Kingdoms and Nations in Europe, that the King of Great Britain is the most absolute Soveraign in his Dominions, in regard his government is not divided by any supremacy of the Pope. Yet I do not find that there is any provision made in Treaties with the United States of the Seven Provinces, that the Or­thodox Divines of England shall be permitted to preach and pray in the English Congregations in Holland according to the rights and Ceremonies of the Church of England; but on the contrary, the English Congregations in Holland are sup­plied with Non-conformists, who are also bound up by the Magistrates to the Presbiterian Forms and Doctrine, which renders the King and Reverend Clergie so much despised and forgotten, as if there were no such thing as a Church of England.

And the reflection is so much the greater, in regard the Roman Catholicks, the Jews, Lutherans &c. are allowed to use their proper Forms of Worship in their Synagogues and Churches at Amsterdam, and other Cities in Holland, then as in England the Dutch Ministers are not barred from their Presbiterian forms; being without any prohibition of the Bishops in their respective Dioceses, wherein the Dutch Congregations do assemble (viz.) at London, Norwich, Colchester, Sandwich &c. Wherefore in Iustice, Equity and Honour, the same Rights, Priviledges and liberties ought to be granted to the English in the United Provinces as are given or granted to Dutchmen in England.

But it's objected by the Hollanders, that the Dutchmen in London &c. Do pay their own Ministers, and purchase their own Churches; and on the Contrary, the States do pay the English Ministers at Amsterdam with allowance of Churches gratis, and repairs, therefore both Ministers and people are subject to their Orders, and pray for the States as their Lawfull Soveraigns before the King of England, whom they do rather hate then love, many of them having married into Dutch Families, whose interest they study more then the welfare of Great Britaign: and yet can be so im­pudent to expect protection from the King in times of trouble whom they will not obey in times of peace.

It might be answered, that if the King did send able Divines into Holland and Maintain them out of the publick Re­venue of the Crown, it would answer the Costs and Charges of the King and Kingdom in many respects, which might be insensibly raised out of the paper-bill hereafter proposed to the Parliament: Then there would be a distinction made between Friends and Enemies, Subjects and [...]rangers, espe [...] when all English men abroad should live under a re­gulation both in Religion and Commerce conformable to the laws and statutes of England, whose Children born beyond the seas are Naturallized by act of Parliament in pursuance of their Royall Charter to Merchants adventurers. Here I can­not omit the mentioning of one affront offered to the English congregation in Middleburgh (that once had a Church in the Chief street when the Merchants adventurers held their Court in Zealand) Where the Magistrates have taken half the House belonging to the Idiots and Mad men and given it to the English Congregation to assemble in, and converted the old English Church to an Hospitall.

It is no digression from the Matter of Trade to add one Paragraph concerning the Iudicature of Holland upon ci­vil actions and differences of Meum et tuum between man and man, whereof there is no provision made for Expedition in the Cases of strangers, as is practised in many other nations; The want whereof hath occasioned divers losses and oppressions to the Subjects of Great Britain.

Many hundred instances may be given, wherein severall Englishmen have quitted just Claims and pretences, rather then they would enter into process with Burgers of Amsterdam &c, for that Burgers by the priviledge of their Cities cannot be arrested. 2 when they are summoned and the Cause put upon the Ordinary roll it is Usually 36 months before it comes to a triall. 3 after a Sentence, its commonly carried away to the Provinciall Court by a Mande­ment. 4 after that, they for further vexation to strangers will appeal to the Supream Court of Iudicature at the Hague, where it is held up severall years longer, and at last comes to a revision.

[Page 62] It many times happens that the Magistrates will perswade both parties at first to referr the controversies to good men, as they call them, in Amsterdam (which are chosen by the Magistrates) who will never give an Englishman more then one half of his demands, let the cause and Dammage be what it will. Wherefore to avoyd all delays, vexations and oppressions, a seperate and provisionall Article ought to be made, that all strangers both Englishmen and Hollanders should respectively in Each Countrey have a summary way of proceeding before Comissioners of neutrall persons for Ending of all actions and controversies that might arise concerning trade and Commerce; whose determinations should be finall without further appeal. Unless to the Soveraign Prince or State of the injured Subjects where the Matter in question shall exceed the value of 500 pounds sterling.

WIlliam Courten Esquire, and Sr. Edward Littleton Baronet by their deed of Assignment under their hands and seals dated the 19 of Decemb. 1642. for valuable considerations therein mentioned did grant and transfer (inter alia) the sum of 3000 pounds Sterling unto Sr. Paul Pyndar his execu­tors and administrators out of the Ship named the Bona Esperanza and the sum of 2500 pounds out of [...]he Henry Bon Adventura that were upon trading Voyages in the East-Indies.

In the year 1643. the East-India Company of the Netherlands took both the said Ships and their Lading into their possession and converted them to their own use, without any process at Law.

In the year 1647. Sr. Paul Pyndar by Ionas Abeels demanded the said 5500 pounds of the East-India Company, unto whom he insinuated his right of Assignation.

In the year 1648. Iacob Pergens takes a subsequent deed of assignment of the said Ships and Lading from the said William Courten upon pretence of a debt of 1000. pounds due to him from Sr. William Courten upon an obligation dated in the year 1634. and covenanted to account for the surplus to such persons as had right to demand the same from Courten.

In the year 1649. Iacob Pergens made an agreement with the East-India Company for 85000. gilders, and gave caution to save the Company harmless against Pyndar.

Afterwards, George Carew Administrator of Sr. Paul Pyndar assigned the said 5500. pounds with interest unto Marke Fletcher, in consideration of severall Bills of Exchange accepted and other payments to be made upon obligations; who brought his action for the said money against Iacob Pergens before the Magistrates of Amsterdam.

Whereupon Iacob Pergens in the moneth of August 1676. waved the jurisdiction of the ordinary Justice in Amsterdam upon pretence of a Treaty made in the year 1667. at Breda, and applied himself to the States of Holland to stop the pro­ceedings at Law; who sent their order dated 10. Septemb. 1676. to interdict the Magistrates of Amsterdam; The Provinciall Court of Holland, and the Supream Court of judicature at the Hague prohibiting them respectively from doing any justice therein.

It being alledged in the said order, that all injuries, offences, dammages and losses that the subjects of England had at any time suffered by the East-India Company of the Netherlands before that Treaty, were extinguished and discharged.

And moreover that all actions, suits and pretentions whatsoever for the same that were any ways restrained, circum­scribed, defined or reserved in any former Treaty whatsoever, especially in the 15. Article of the Treaty concluded in the year 1662. were also renounced by the King, and therefore it was a violation of the Treaty to prosecute Iacob Pergens for the said money.

Then Marke Fletcher in the moneth of Decemb. last exhibited his request to the States of Holland setting-forth the mis­takes and ungrounded pretences in the said order, and prayed that it might be revoked and the merits of the cause left to the Law, as a particular action, no ways relating to the said Treaties.

And notwithstanding the King had formerly written to the States Generall in the moneth of January 1671. expressly de­claring that the said 5500. pounds was not comprehended in any Treaty; And that The right Honorable Heneage Lord Finch Lord high Chancelor of England. Sr. Richard Raynsford Lord Cheif Iustice of England, and Sr. Francis North Lord Cheif Iustice of the Court of Common pleas, had signified their opinion to his Majesty under their hands (upon a reference) on the 3. of November 1676. that the said 5500. pounds and other effects of Sr. Paul Pyndars, and Sr. William Courtens Estates unadministred ought to be prosecuted at Law. The Copies of all which were annexed to the said request to the States of Holland, with the opinions also of severall most Eminent Advocates in the Netherlands to the same purpose. Yet the States still refuse to give any answer to the same; and the Magistrates also of Amsterdam deny to proceed in the said cause; al­though they are dayly sollicited thereunto.

• I. Whether the States of Holland are competent Iudges in matters of Law or not?
• II. Whether a particular action against Jacob Pergens upon his covenant can be applicable to the offences, injuries, dammages and losses mentioned in the said Treaties or not?
• III. Whether it be lawfull for Marcke Fletcher to prosecute his action at Law, in the ordinary Courts of justice against Jacob Pergens for the said 5500 pounds and interest, without any violation of the peace, or not?

THe French King, having granted Licence to a Company of Merchants of Diep, to trade to the East-Indies, did set forth the Ship called d' Esperance bound for Bantam, where having bought her Lading of Pepper, the Dutch East-India-Company sent some Ships, & fired the said Ship, which was burnt with all her Lading; whereupon those of Diep demanded satisfaction by their Procurator laques Iacob. A Sentence was pronunced at Amsterdam on the 20 of June 1625. whereby the East-India-Company were onely condemned to pay for a third part of the Pepper laden and burnt with the Ship, each bale of Pepper valued at 4. pieces of eight, as also one third part of the Customs & charges paid in Lading them for their transportation, from Ban­tam, wherewith, the Merchants being unsatisfied, the Matter was left in statu quo.

2. In the Year 1648. by the generall Treaty concluded at Munster, It was agreed, between the most Catholique King, and the Lords the States Generall of the United Provinces, that a Chambre my party should be erected with power to decide all manner of differences, and d [...]sputes which were between the Subjects of either side, and these were to hold their meetings or courts interchangably. First for a certain time in the Spanish Dominions, and then the like time in the States Dominions, which was executed for a while, but afterwards came to nothing; interest and passion overruling, they decided very few disputes. The Hollanders would have all things interpreted to their own sence: Presuming that the strongest party could make the best construction of dubious Matters.

3. In the Year 1660. the Admiralty Court of Amsterdam confiscated a Ship belonging to Lubeck, upon pretence of car­rying contraband Goods to Portugal, notwithstanding the Master made it appear that he was bound for Galitia & not Portugall; and the Owners having obtained a review of the cause, All the seaven Delegates adjuncts, which were all of them Eminent old Experienced Advocates and Lawyers, declared joyntly, that the Sentence was Erroneous: yet those of the Admiral­ty persisted and maintained the Sentence against the opinion of the Adjuncts. A true Example of Passion and Interest: vide Aytzema, in his 9. Book, Page 1082.

4. In the Year 1654. the Portugalls took the Reciif in Brazill from the Hollanders, being the onely place that the West-In­dia Company had left of their Conquest in that Country, which was cause of a warr between them and Portugall. In the Year 1659. the good Ship called the Golden Sun of Nantes, Capt. Nicolas la Breton, being at Lisbon in Portugall, was fraighted by Mr. Abraham Iacobs an English Factor, residing there, and laden with salt for Ri [...]n de Ienero, in Brazill, from wence he was to return again to Lisbon with sugar, Hides, Tobacco and wood; being all of them free goods of the growth of that Country; and notwithstanding there was a Provisionall Treaty of Marine agreed between the French King and the States Generall, in the Month of June 1657. Art. 3. (viz.) that a free Ship should free all the Goods laden within her, though they belonged to the Enemies of Each other; Provided they were not contraband, nor bound to any place besieged & blocked up: Yet this Ship was seized at sea by 4 Zealand private men of warr, and sent to Flushing, and the whole Lading confiscated. But Monsr. de Thou the French Ambassador then at the Hague, complaining thereof to the States Generall, declared that the King his Master would give reprisalls against them, if they repaired it not, whereupon the Ship and all the Goods, properly belonging to the Captain and Marriners, were restored, and his Fraight paid, but all the best of the whole Lading, whereof a great part belonged to the English Merchants, and Factors, remained confiscated without satisfaction.

5. In like manner the said Zealanders viz Capt. Philip Ras Toussein le sage, Matthew Quaerts and Alberf Iansen, Capers in company against Portugal seized the Golden Sun St. Malo, Experience, and the Golden Falcon of London, in the year 1660. all Laden with sugars, from Brazill, bound for Lisbon (upon account of English Merchants & Factors resident in London and Lis­bon, viz Abraham Iacobs, Robert Carr, Thomas Bostock, William Peche, Robert Parker, Roger Bradhill, Christopher Trenchard, William Nottle and William Trustell) where they were obliged to pay the King his Customs, brought them into Zealand, where the Ships and Goods were confiscated. Even as the Ship called Ann and Margaret, belonging to M ^r. George Torriano, M ^r. Richard We [...]comb, and M ^r. Nicholas Warren laden with Bees Wax and Hydes &c, was taken by Iacob Iacobson Commander of the Ship called the Gelderland and confiscated against all Justice and Common right, to the Dammage of the English 50000 pound sterling and upwards. Insolencies and Robberies beyond all Examples of other Nations.

6. In the Moneth of August, in the Year 1672. there was laden in an English built Ship called the Flying Hare of London [...] whereof Captain Thomas Blake was Master, Severall fats of copper Kettles, hogsheads of spice and packs of Linnen Cloath to the value of 4000 pounds sterling and upwards bound for London from Amsterdam upon account of M ^r. Henry Hampson, M ^r. Peter Harringhook, M ^r. Iames Brown, Mr. Hovener, Mr. Ioseph Hill, Mr. Thomas Mayden and others all Englishmen born, who shipt the said goods by the consent and permission of the Lords of the Admiralt [...] in Amsterdam, and paid Custome for the same. Yet the Lords of the Admiralty of Friesland seized the said Ship in their Harbour in her passage to the Sea and confiscat­ed the said goods contrary to the 32 Article of the Treaty at Breda, Notwithstanding all the Examples and presidents of divers Ships and goods of both sides that were delivered by the King of great Britaign and the States Generall in conformity to the said Article, after that time.

7. In the Year 1674. A peace being concluded on the 9. of February, between the King of great Britaign and the States Generall, It was agreed that all Acts of Hostility should cease at the Expiration of 12. days after the Publication (which was the 6. of March following from the Ness in Norway, to the Soundings of the English Channell westward, and from thence to Tangier in six weeks. Yet Notwithstanding, two private Men of warr of Flushing (viz) Peter Marcus Commander of the [...], and Daniel Schuyer, Commander of the Mearmaid, who had knowledge of the Publication of the peace, and had a printed Copie thereof aboard, did on the 10. of April following seiz and take the Ship called Joseph of Bristoll, whereof Willam Iones was Master (coming from Virginia & bound for Bristol) within the Soundings; which said Ship with her lading of Tobacco they carried to Flushing aforesaid, and obtained an order of the Admiralty Court to sell both Ships and goods, without hearing the Master or Claimors of the said goods, contrary to the 16 Article of the Treaty of Commerce and Peace; And some moneths afterwards confiscated the Ship & goods, to the dammage of the Master and Owners 6000 pound sterling & upwards; although they gave in evidence & clear Proofs that the Ship was taken within the Soundings; whereupon the Claimers obtained an order for a review of the Sentence, which review by agreement in the last Treaty of Marine, Article 12. is to be made before a Committee of the States Generall at the Hague, and not before the Lords of the Admiralty at Mid­dleburgh: yet the Lords Magistrates of Flushing (some of which are Owners of the Capers) will not submit thereunto: pretend­ing that they consented not to any such Article in the said Treaty: so the Case remains in statu, as it appears at large by a printed Deduction thereof.

[Page 64] 8. In the Year 1662, by a solemn Treaty it was positively agreed, that the Island Poleron was to be delivered upon demand; And that satisfaction should be made by Amicable conferences for the two Ships Bona Esperanza and Henry Bona adventura; but neither of them was performed. Whereupon Speciall Reprisals were granted under the great Seal of England concerning those Ships; & in the Year 1667. by the Treaty at Breda the English were to be at liberty to depart with their Families and goods out of Surinam but were obstructed contrary to the Treaty; Hollanders being of Machiavells opinion, that Treaties of Common Alliance bind no longer then the Convenience of either party obligeth to observe the conditions. Forbearance is no Payment. And there is nothing can be restaurative or healing to the subjects of England in many cases, but a so­veraign remedy in Parliament for their relief.

9. In the last Treaty of Peace concluded at London, 1674. It was positively agreed by the 9. Article that there should be a regulation of Commerce and Navigation in all parts of the world, Especially in the East-Indies; Which the Hollanders say is implicitly done & provided for by the 5. Article in the Treaty Marine concluded in the same Year: And that they have a declaration apart from his Majesty or his Ministers of State that It is Satisfactory concerning the 8 & 9. Articles of that last Peace made & ratified between the King of Great Britaign and the States Generall, which mentions nothing of the spice trade where­of the English Company had a third part by Covenant, nor of any tribute for fishing upon the British Coast, (which the Hollanders say was suspended upon the Prince of Orange his account) onely It is directly declared by the words of the 5 Article that the subjects of England may with all Freedom and safety Sail through all Navigable rivers unto any Harbours or Ports of Princes and States in Amity or Neutrality with England or the States Generall whereof the Flemish Ports cannot be Exempted, or the Navigable Rivers to them be stopt up, without an apparent breach of the peace. More clear or larger Expressions could not be uttered to open the Scheld, than is demonstrated in the 5. Article of that Treaty Marine.

IN the year 1666. A Fly-boat laden with salt and Brandy bound for Amsterdam was seized near Portland-Bay and brought into Chichester (by Captain Tyrence Byrne under a speciall English Comission for Reprisalls against the Hollanders) Where the Master and Mariners upon Examination confessed they were bound for Amsterdam, that the Ship was Dutch built, and lately named the God [...]lieve of Brugis, that most of the seamen were Hollanders born and inhabitants there: Yet the Ship and goods were claimed by Peter Gerrard on behalf of Mr. Michael vander Planken, Andreas vande Bogard and Johan Neitz of Brugis; Whereupon the Judge of the Admiralty de­creed that there was good cause of seizure, and that the Ship and goods should be restored upon Bayl to abide the sen­tence upon hearing the cause, unto which the Captors consented, but the Claimers refused to take the Ship and goods accordingly, having arrested the Captain for 1000 pound Dammages by writ out of the Admiralty Court, who had given sufficient Bayl to answer the Suit: Afterwards the Ship and goods were Freed and restored. Then Peter Victorine reclaimed the Dammages on behalf of the said pretended Proprietors of Brugis (Waving the Process against Capt. Byrne upon the arrest) and exhibited Articles against Sr. Edmond Turnor and George Carew (whose Commission Byrne had against the States Generall and their Subjects) in a new Proces joyntly with Byrne and Jonathan Frost Owner of Byrne ship, and procured Mr. Francklyn and Sr. Walter Walker to Frame an impertinent Sentence for 1800 pound sterl. Dam­mages which was pronounced against all four for spoyling the Voyage, Leakage of Wyne and some imbe [...]ilment of salt and; Ropes although it appeared that the whole lading cost not 300 pound sterl. From which sentence Byrn and Frost appealed to the Ordinary Delegates. But Turnor and Carew appealed specially by themselvs, and Delegates with Ad­juncts (Judges of the common Law) being appointed, they craved a nullity of the Sentence against them with Costs for vexation, more Especially for that it being repugnant to law and reason that third persons should suffer for personall injuries when the offenders (if they were guily) had given good caution to answer the Dammage upon the arrest; all which depends in Statu for the Judges resolution upon the Process. This case is only added to shew what Favors Flemmings and Hollanders find in the Admiralty of England, notwithstanding Englishmen are so unkindly treated at Flushing and Oastend.

IT is very remarkable that at the generall Treaty in Munster A Peace was concluded between Spain and the States of the 7. United Provinces on the 30. day of Ianuary 1648. A memorable observation: That the Spanish King, Duke of Austria, and Bourgundy, should extinguish and relinquish his right and Soveragnity in those Provinces on the same day that the King of Great Britaign was maliciously cut off from his Crown and Kingdoms by his own Subjects: And that the French King, who had so long continued in leagues offensive and defensive with the Hollanders against Spain, should be excluded in that Treaty, and left in a Bloudy warr with Austria and Spain, contrary to the Dutch covenants. And that now the French King who, claims the whole Spanish Netherlands (in right of Mary daughter of Philip the Fourth his Wife, heir of the house of Bourgundy) was before content by agreement to divide the same with Holland. Indignities offered to Princes are not often remembred yet seldom forgotten. The Pri­viledges granted to Englishmen for discovering the North-East passage to Russia were taken away at Arch Angel by the Grand Duke of Mosco unhappily upon a letter from a Prince in Exile, to the great Dammage of the Russia Company, whose trade is since spoiled by the Hollan­ders. Even as the East Countrey-trade, the Smyrna-trade, the Italian trade, and all Others.

Whosoever shall enjoy the Soveraignty and Dominion of the Spanish Netherlands, or any part thereof, must be obliged to Ratifie and confirm the Bourgondian Treaty with the Crown of England, or be abandoned from the Liberties, benefits, and Priviledges upon the English Coasts, and the Advantages of those usefull Harbours, Ports and Havens, upon all occasions or Emergencies.

Hereafter follows the third Part of this Treatise.

Severall necessary Advertisments con­cerning the improvement of Navigation and Trade.

More especially the Manufactures of England, called the old and new Draperies.

ALSO Twelve select Articles of the Treaty at Munster concluded in the year 1648. (between the King of Spain, and the States of the Seven United Provinces,) viz. 5 ^th 10. 12. 14. 15. 16. 17. 63. 64. 66. 67. and 68 ^th Articles, which incroach­ed so much upon the Spanish Netherlands, and the rights & Pri­viledges of England in their trade and Navigation,

Properly debated apart in this following Treatise.

Ius permanet semper nec unquam mutatur, Lex vero scripta saepiùs.

Printed in the Year 1676.

YOu being the Third Estate of the Land, and most concerned to look into the mysteries of trade and commerce; I presumed to dedicate this Third part of my Book to the prospect of your most piercing sights and understanding. Pardon me that I begin with an Allegory to tell you, that Trade the fair mistress of the world hath been courted by diverse Princes and Potentates of the greatest Kingdoms & Empires that are now antiquated, or through their own neglects forsaken. Old Rome and Carthage disputed the quarrell a long time for the favour of that fair Empress untill one of them fell by the sword. Grand Cairo was the Mart of the East, before the Portugals found out a more Easie way for the conduct of her Mer­chandizes than by Caravans. The Ancient State of Venice, that conquered three Kingdoms in their flourishing time of trade was first lessned by Lisbon; Afterwards Brugis and Antwerp were the chief Magazins for goods and Merchandizes of all sorts, untill Holland blockt up those Flemmish ports from the English Navigation by Sluys and Lillo. Yet this Beau­tifull Lady will not be forced, she is as subject to change as the various habits & dispositions of men are subject to alter. Wherefore of late, she resolved to remove her station from Holland into a better climate amongst people of good tempers & constitutions, and at last was inclined to settle her self in England: knowing that Great Brittain was best able to vindicate her honour and reputation in all quarters of the Earth, if they would not fall into factions, prejudice and passion at home, but court her like true Englishmen that are both Soldjers, Gentlemen & Merchants. Now to leave the Allegory, & come to the substance, there is a fair opportu­nity to lessen the Hollanders by keeping down Amsterdam with a rising blow. It is most cer­tain that England can subsist of it self better then any other Kingdom whatsoever: And if the Ambition, Avarice and Envie of other Nations had not prompted Englishmen to defend themselvs by force of Arms and Navall power, the lofty trees might have remained still as Ornaments in the Groves and fields, and the Earth had not been so often ript open for Lead & Iron to pierce the bowells of poor Mortalls.

But since the Laws of Nature teach all men to preserve themselvs, and by provision to pre­vent any others that might invade their interests and properties, I have made bold to hint some things in these following Advertisments concerning the better improvement of Navi­gation and English Manufactures, that may be very usefull towards the more Honourable sup­port of the Crown and Government, the increase of the publique weal, and the diminution of those Powers that have been both your Enemies already, and are likely to be so again upon any occasion they can find for advantages to break with the Crown of England. There is an old By-word in Spain, when they would afrighten or quiet their infants, Beware-Drake and in France for that purpose they say, Beware-Talbot; but the Hollanders dread nothing more then an union of the three Estates of England in Compliance with the King, which God grant may continue for the accomplishment of those Acts, which will Eternize the Glory & memory of this Parliament to all future ages.

HEnry the fourth of France, soon after he came to the Crown, advised with his councell h [...]w he might abate the power and splendor of the Flemings, which so often gave diversions to the French: Whereupon one of the Lords of the Councill answered him, that his Majesty should out of all the Womens thumbs who brought in such an infinite treasure into the Netherlands from Spain and other Nations by their spinning and weaving: But since that time the Hollan­ders and France have so dismembred Flanders and Brabant that remained poor and industrious, while the Grave Councill at Madrid suffered most part of the rest to be lost rather then they would enter into a League offensive and defensive with England against their Here [...]itary E­nemies; when France, Holland and Denmark were all in open ware against the King of Great Britain in the year 1666. untill the Treaty at Breda which the Hollanders record in their Anualls for a most glorious peace.

The great incouragement for the setting up the Wollen Manufactures in England proceeded from the multi­tude of Workmen, and their wives and Children that fled out of Brabant and Flanders. Whereupon all the Flemish Women at home do maliciously report of the female sex in England to this day, that they are Lazie, Liquorish and [...]herous, and do even reproach the English Nuns in Flanders with eating the fat of the Land, and doing no work pretending that other Cloysters do more then get their bread, although they are of the best families in the Low-Coun­tries and sufficiently indowed with Lands and rents besides. But the Argument is against them: for spinning, knit­ting and sowing are arrived to such perfections in England, that no Nation in the World exceed English Women in those arts. Yet a strange fate attends all English Manufactures which are fallen in their values to a wonder, and can not be raised again to their former price but by a regular way of trading.

A particular Merchant shall never raise the price of Colchester Bayes again, that a Company in a short time may accomplish. The like may be done in Cloath, Serges, ttersies &c. if men would go the right way to the Mar­ [...]e [...], and throw down the Bancks and Styles that were lately set up to the prejudice of the publick.

The great objections at London must first be taken away before I come to the points of regulation in trade; Com­panies being generally looked upon in England as Monopolies when the trade is carried on with a joynt stock, which is a vulgar errour. As also a grand mistake in the Cloathi [...]r and others that exclaim against the Merchants who deal with their own stocks respectively under a regulation. The Grasicr the Fermer the Cloathier W [...]aver [...] &c. do still alledge that such Merchants will not onely make forraigners their subjects, but Englishmen the [...] Slaves under a regulation; where they will give what they please for all goods they export, and fell their [...] imported for what they list: those shall be answered in order after the proposalls for regulation; and then [...] demonstrations be given that all trade not regularly governed will soon decay or be spoiled. In the mean time these things may be well observed as follow:

1. That the Merchant never got more by English Manufactures then he did in those days when he gave a good [...] for all goods at home. 2. That most men of judgement find the greatest incouragement to buy when the [...] of England are upon the rising hand. 3. The greatest losses which have scandulously hapned to the [...] Merchants in late years, have come by overtrading and cloying the Markets at home, and abroad; which mischief extended to all men that had any dependency upon trade. But there I meet with another objecion that the poor must be kept at work or else they will be unveriable or perish for hunger: as to this I shall also give an [...] answer; and likewise prescribe an infallible remedy against that distemper, to the quiet and satisfaction of all poo [...]ies both rich and poor.

It is granted that by the old rule in Manufactures, a quantity of Wool that cost at the first hand an English Shilling, when it was wrought into Cloath fit for Exportation, pei [...]ed sir Shillings: so the publick got 5 cleare, which was added to the stock of the Nation, although severall persons might lose by their ill management in trade.

This rule hath lately met with severall sad exceptions in England: although it will bear the test in other Na­ [...]his as to severall Manufactures, especally in France (the Canker of Europe, that loughs at all the World, in s [...]que cant souce per ton) For example, in fine Dowlaces Sith, Drugets and other Franch Manufactures sent for Spain in great quantities to be transported from thence to the Spanish West-Indies, Five Shillings per [...]on is payd to the French King upon all Stran­gers Ships that taks Brandy, Salt, Wines &c. from Franch. the French Merchants will not take the [...] or any part of the effects in Malago Mines, Fruits, Oyls &c. but in Bills of Exchange and pieces of eight that imriches a Kingdom more then the importation of any goods that are consumed amongst themselvs. But this will also meet with a materiall objection as to the diminishing of the Kings Customs, the best supporter in the publick charge of in the navies royall. This shall likewise be answered in its proper time and place.

The Hollanders in the fine threed and Linen (whereof there is a great consumption in England) make a greater augmentation by the art and labour of the workmen then the English do in any kind of Woollen Cloaths, or Stufs; nevertheless the Dutch will have their money remitted six or eight moneths before hand to pay the Weavers, Sleachers, Upmakers, &c. so that there is a vast disproportion between the Dutch Linen trade, and the English Mo [...]llen trade. The Hollanders set their poor at work with English stock, and the English goods are sold for time upon long payments in many places, which beggers both the Cloathier and Merchant. Besides the advantages given thereby to forraign Nations, that having so much of the English stock in their hands, oftentimes make the King [...]eild to dishonorable conditions in treaties of peace to preserve his Subjects goods and monies from confiscation.

Spice and Pickled Herrings (those two Dutch Mineralls) would support the Hollanders if they had no other trade or Navigation to subsist upon: therefore Englishmen that are so indulgent to the Hollanders do not rightly appre­hend the case, Nutmegs, Cloves, Cinnamon and Mace, (which are all forcibly ingrossed by the Dutch) take one with another, cost the East-India Company 5 stivers a pound, and are sold for 55 stivers ready money in Banck: [Page 66] and Communibus annis the spice brings in 300000 pounds into the Countrey by Cash from all Nations, which must buy so much in Banck-money for the Company. The Callicoes and other Indian Manufactures, Druggs, Saltpeter, Tin and Copper &c. this year imported in 15 Ships amounted to more then a million of Sterling money besides: as appears by the generall Cargo of the Ships and their Lading hereafter mentioned.

I have observed in Mazeland-Sluys, Del [...]s-haven, Enckhuysen, Ziericksea, Flaerding, Schiedam and other Fishing-Towns in the United Provinces, when the Herring Bu [...]ses and Dogger-boats returned from their Voyag­es, there is the same regulation in the Sale of their Fish, as is observed by the Spaniards in the West-Indies at the arrivall of the Ships out of Spain for the Plate. First, an inquiry is made by the Generall in the West-Indies what goods are brought; then such a price and value is set upon them according to the quantity of Silver that is gotten that year out of the Mines. If it prove a plentifull year for Silver, then there is a good price for the Manufac­tures and other Merchandizes: if not, it is otherwise.

The Herrings and Salt Codd when the Fishermen come home must be presently sold, and the Magistrates of the respective towns set the prizes according to the quantities that are taken, and they are all sold in a day or two, if there were fifty Ships lading and upwards at a sayl; in regard the money must be distributed amongst so many hundred people in every place; as to Brewers, Bakers, Coupers, Smiths, Ship-Carpenters, Net-makers, Tanners, Ropemakers, &c. besides the poor Fishermen for their wages, according to their hire or adventures of their labour, being both Seamen and Fishermen. And it's free at those generall sales for any man to buy that hath ready money or credit in Banck. Then the Merchants compute what quantity will serve for the consumption of their own Towns in Holland, which are set apart; the rest stored up in Pack-houses, and against Lent-Markets they are sent into France, Germany, East-Countrey, Spanish Netherlands, &c. This last year the Fishermen made bu [...] in­different Voyages; the Shurks that hanted after the Herrings did so spoil their Nets and devour their fish. From Scotland and Ireland great quantities of Salt, Salmon and Herings are transported with diverse Manufac­tures, and other stayle goods of those Countries unto Rotterdam and Camp-Veer: Although the Chief consumptions for those goods are in Flanders, Brabant, and the rest of the Spanish Nertherlands and confines of Germany. Then considering the severall tolls upon them in passing through the States territories, beside customes, inwards, out­wards, and also into the Spanish ports afterwards, and all other petty charges, 10 per cent is lost out of the princi­pall at the first which might be all saved if the goods went directly to Brugis or Antwerp, under a regulation and find ready money at the Market price for their lading.

Whereas now the goods being left in the hands of Hollanders for sail, 6 per cent is presently allowed for money-advance to buy Dutch [...]light Ships, ropes, and takling, Flaf, Spice and Drugs &c. for returns; that inconclu­sion when accounts are made up at the next voyage, which the poor Scotch and Irish are obliged to make unto the same ports (or lose their effects left there) they find so many bad debts and other defalcations; that upon the matter, with all their Merchandise and Commerce they do but toil and work onely for the Hollanders.

England ought to be the Magazin for Scotland and Ireland, in regard the Crown of England defends them both at Sea, and can furnish them both with all forraign goods much cheaper then they shall fetch them from Holland; where many times they are frozen up 3 or 4 moneths in the year, and have spent all their money they got in the sommer with their thin-sided Ships of Sardam whose tender Ribbs are often broken with the Ice in the Southern Sea. The Scotch having liberty to fail in forraign-built Ships will never build any good Vessels at home or set their own people at work upon any materialls that are usefull for Navigation. The Irish are as bad, and have the same qualities in destroying the English Navigation by naturalizing Dutch Ships. As to my knowledge, a Magistrate of Limbrick being at Flushing in the year 1675. gave 13. pasports under his hand and seal of his office to severall Zealan­ders for their Ships to pass free as Vessels belonging to that Irish Port. But as for the Scotch, they are so dextrous in that art, that severall hundred pasports have been given out at Rotterdam and Campheer in one year with blanks for the names of the Masters. A French Privateer in the space of one moneth met with seven and twenty Ships bound to France and Flanders all from Kercady a Port in Scotland; although 3 parts of the Seamen were Dutchmen, pet a Scotch Master hired from Rotterdam colours both Ship and goods. Wherefore if there be not acts of Parliament made in Scotland and Ireland as well as in England for the better regulation concerning their Navigations where all their Ships and Pynaces ought to be registred in every Port, and all Seamen and Fishermen from the age of ten years to seaventy, duly entred with severe penalties and punishments upon all persons that should transgress against those rules and ordinances there prescribed, then Forraigners will still plough with English, Scotch and Irish heifers.

Now to the great shame of such Englishmen be it spoken who at home and abroad have used all their endeavours possible to spoil the English Navigation: Amongst many hundred examples, I will demonstrat one, whereby the Reader may take his measures concerning the rest, and see how English men that should have taken opportunity of the times to inrich themselvs and their own Countrey, have given the advantage to Strangers. I am unwilling to no­minate in this place severall very considerable Merchants in London who have hired out their names at Rotterdam, Dunkirk, Oast-End, and severall other Ports where Strangers goods have been shipt under their coverts, and even the Vessels owned for English that never were in any English Port; yet they have passed courant oftentimes for free Ships and free goods.

CAptain Edward Cotterell an Englishman who had formerly served in one of his Majesties Frega [...]s, being at Rotterdam in the moneth of Decemb. 1675. with a Merchant Dogger-Boat about eighty ton whereof he was calld both Owner and Master, which Vessel he had named the Edward and Olive of London was fraighted at Rotterdam by two Brokers that dealt for French Merchants, and took in his lading of Salt, Salmon, Soap, Sugar, Barrell-Codd, fine black Leydens Cloath, Leydens Stuffs and Stockings with severall sorts of spice and other goods to the value of 3000 pounds sterling and upwards, who signed all the bills of lading for Dunkirk whither he was bound under the Notion of a free Ship, yet most of the Chief goods were shipt (as they pretended) upon Merchants ac­counts living in London, and so bills of loading signed accordingly.

UPon the second day of February, in the year of our Lord, 1676. English stile, George Carew of Richmond 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 Willsannexed) and joyntly Assignee with others, of Sr. Edward Littleton, and likewise of the Commissioners upon the statutes made concerning Banck­rupts 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 Iapan; In the several qualities aforesaid: The said George Carew per­sonally appeared the day and year abovesaid before me Godfrey van Hill, Notary Publique (sworn and admitted by the Soveraign Provincial Court of Holland,) residing in the Citie 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 dammages, costs, and Interests already sustained or that may be sustained for or by reason thereof.

1. WHEREAS King Charles the first (of ever blessed memorie) 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 Priviledges 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 Iapan, and parts adjacent, in consequence whereof several Fac­tories were setled at Maecao, Canton, Carwar and other places, by vertue 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 Iohn Weddall and Nathanaell Mountney Commanders of the two Ships named the Dragon and Catharine by the Officers and Ministers of the East-India Company of the Netherlands in their Navigations upon the Coast of India from Port to Port on their trading Voyages, and thre [...] ­ning 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 publickly 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 Iapan bound for England in the year 1638. So miscarryed, 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 named the Bona Esperanza and Henry Bona Adventura with moneys and merchandize for supply of the said factories.

4. That William Courten in the moneth 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 moneth of December 1642. having assigned several summs of money out of the said Ships lading and fraights unto Sr. Paul Pyndar, the said Ships and their lading were surprized 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 practice being come to the knowledge of Sr. Paul Pyndar and Sr. Edward Littleton, they intimated their right and property by Ionas 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, dammages 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 indemnifie 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 joynt Adventurers with Sr. William Courten addressed themselvs to His Majesty for relief concerning the said spoils and dammages, who recommended the same to the States General, and provided by a special agrement in the 15. Article of the Treaty concluded at London, in the ye [...]r 1662. that those dammages 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 possitive Agreement concerning the said dam­mages, [Page] then his Majestie in the year following granted special reprisals unto Sr. Edmund Turnor▪ and this Insinuant their Executors and assigns to be in full force and effect untill the summ of 151612. pound Sterling should be recovered with Costs and Dammages from the States General and their Subjects: as by the Copie of the said letters Patents un­der the [...] Seal of England hereunto annexed appears.

7. That James Boeve at the request of this Insinuant, in the year 1666. gave a Copie of the said Patent unto Mr. Peter van Dam to [...] the Company that they might understand how His Majesty had granted a power out of himself unto [...] persons, according to the Law of Nations, and so made the Soveraign demand into a special grant upon [...] which there is no averrment,) whereof the Company was obliged to take notice, and that nothing [...] or make void the said Patent, but satisfaction of the dammages or a composition with the [...] the said grant, (wherein the King was not deceived) being such a Iudicial Act no ways re­pugnant to the Laws of God or Man, whereby those spoyls and dammages 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 tak [...] any Cognizance thereof, but on the contrary John de Witt 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 Interessed 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 setled in the said letters Patents. The States General having cancelled 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 Iusinuant 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 Iust 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 Pasports from the States Commissioners at Hampton Court. on the 5. of Iulij 1672.

11. That to take away all differences and disputes concerning the said Ships and their lading, the States General (as they do alledge) 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 Honorable Thomas Lord Viscount Latimer, Lord High Treasurer of England, and 150. pound from the States of Holland, towards his extraordinary expences and incident disbursments during his Imprisonment.

12. That the Insinuant upon his releasment (without any prejudice to his further right and demands against all other persons,) assigned 5500. pound Sterling to Mr. Marke Fletcher of Middleburgh, which money was resting in, the hands of Iacob Pergens a trustee of Courten, (being particularly granted before to Sr. Paul Pyndar) in lessening of the debt and dammages concerning the said Ships their fraights and lading, the payment whereof Pergens also obstructed by extrajudiciall 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 Councell 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 untill 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 bloud and treasure already spent in the vindication thereof.

15. That the supream Court of Iudicature at the Hague having denied the Insinuant admittance in a cause of inter­vention against Jacob Pergens upon a bond of 3000. pound, wherein Sr. Iacob Catts late Chancelor 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 ordred 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 alleadged 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 supream Court of Iudicature at the Hague, have seve­rally delayed and denied this Insinuant and Mr. Iohn White and Mr. James Boeve, the due administration of Iustice and Equity upon diverse Iudiciall 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 summs of money drawn out of England by Sr. Peter Courten in Company with Sr. William Courten and Iohn Moncy upon their Linnen trade and other Merchandizes, whereupon the Kings Subjects were not only defrauded, but the Iudicature of England wronged by those Sinister Practises, fomented by Iacob 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 monies (Pendente Lite) upon any Obligations or Actions unto Mr. Iohn 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 [Page] of his Creditors) was transported to Sr. Peter Courten at Middleburgh, who had indirectly imployed 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 warrs in England and the Iniquities of these times, have wholy refused to account for the summ of 122138. pounds Sterling gotten into their hands, as by the ballance of the Books kept in England appears, and notwithstanding the said Insinuation, interdiction and protest was read up H. van Rijckegem Notary Publick in the Chamber of the East-India Company at Middleburgh before Mr. Gillis [...], Iacob Hoorn, Mr. Daniel Fannius and Alexander de Munck Directors of the Company and ordred by the whole Colledge to be registred in their Books, and that this Insinuant did also on the 3. March 1676. new stile, [...] a presentation to the Magistrates of Middelburgh in writing to avoyd all further troubles and inconveniences, that [...] 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 re­ferr 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 indeavours for satisfaction of the said Creditors (who dayly 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 Earle 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 dammages, Costs and Interest sustained already or that shall be sustained by reason of the premisses, or any part thereof, against the worshipfull Magistrates & Common Councell of the several Citties, & Towns in Holland and Zealand, that have their deputies in those States Provincial, or Councel of State, Provincial Court of Justice, or Supream 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.

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, Mun­ne [...]kedam 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.

THat Sr. William Courten, Sr. Peter Courten, and Iohn Moncy of London, Merchants traded in Companie many years together in the linnen Manu­facturs, and other Merchandizes, 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 summs of money out of England, which were taken up at Interest in London, and dyed indebted to the stock of the Company, the summ of 122138—10—6. Sterling, as by the ballance of the Books kept in England hereunto annexed appears.

That Sr. Peter Courten left Peter Boudaen of Middleburgh Merchant his Nephew sole Execu­tour, who possessed himself of all the Books of account kept in Zealand, and the Estate both reall and personal of Sr. Peter Courten: and being afterwards questioned at Law by Mr. Iohn White, Iames Boeve and George Carew severally concerning the said monies; The said Peter Boudane used all manner of Sinister practises 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 Heyrs have since done the same; Whereby the due administration of Justice hath been often denyed, 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. Iohn Mancies and Sr. Paul Pyndars gotten into the hands of the said Boudaens, Iycob Pergens and other Inhabitans 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 Iudicature of England to be wronged, and the rights and properties of the Subjects to be lost through the erronious practises in forraign Courts of Iustice contrary to the Laws 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 Majestie, that some speedy and Effectual relief may be had therein, according to the Merits of the said Causes.