THat the due Administrations of Justice, and Equity, have been delayed, and de­nied, in the ordinary Courts of Judica­ture in Holland, and Zeland, upon civill actions at Law, for these twenty six years, last past, to the great Damages and oppression of your Petitioners, and many Orphans, and Widdows, clayming under them. As by the severall cases, in the 36. Articles, hereunto annexed appears.

[Page 2] That the Lives, Liberties, and Estates, of other English-men abroad, are lyable to the like Prejudice, and Dangers, if it be not made a nationall concerne, to protect the subjects of England, in forraigne parts, and particularly to require Satisfaction, and reparations, in the respective cases of your Petitioners, according to the Circumstances of their Greviances, mentioned in the sayd Articles following.

[Page 3] VVhereas the preservation of all mens rights, and property, consists in the Execution of Law, and Due administration of Iustice; which on the contrary, being obstructed or denied. All civell Society and Commerce must necessarily determine and be distroyed. And least any thing in theise 5. cases, might be drawne into consequence, or made Presidents to the disadvantage of others, for want of appealing to the Parliament for redress. The matters of fact are briefly and faithfully recollected, out of the originall writings, papers, and records, for publique View.

1. THat Sr. VVilliam Courten of London, Sr. Peter Courten of Midleburgh in Zeland, his Brother, and Iohn Moncy of London Marchant, their Brother in Law, traded together with a joynt stock of fifty thousand pounds sterling, to se­verall parts of the World, for the space of 25. years.

2. That a moyety or halfe parte of the Stock belonged to Sr. Wil­liam Courten, and to Each of the other, a fourth part. The generall Books of Trade being kept by Sr. Peter Courten, who died at Midle­burgh, in the yeare 1630. before the accounts of the Company were setled, and left Peter Boudaen of Midleburgh Marchant, his Nephew, his sole Executor.

3. That Iohn Moncy, at the Request of Sr. William Courten, in the yeare 1631. went from London to Midleburgh, to setle the accounts of Trade, which had not been Liquidated in 14. yeares before, wherin rested a very considerable part of Sr. William Courtens Estate, both in money and goods.

4. That before the accounts were perfectly finshed, Iohn Moncy fell sick of a Lethergie, wherof he died on the 17.th of October 1631▪ at the House of Peter Boudaen, who framed Mr. Moncys will, when he [Page 4] was not Compos Mentis, wherin the sayd Peter Boudaen, nomminated himselfe Executor, and incerted a provisoe, in the will, not to be lyable to discouer Mr. Moncys Estate to any Person in the World.

5. That afterwards, Sr. William Courten, entred upon an other Com­merce, for trading Voyages to the East-Indies, but could not during his life, obtaine any ballance of the accounts, of his former Trade, from Peter Boudaen, or any moneys out of his hands, and left William Courten his sonn and heyre, his sole executor, and died in the yeare 1636.

6. That William Courten the Executor, having sustained severall Losses, by the Hollanders, and others in Asia and America, contracted many great debts, and assigned his Shipps and Stock in the Indies, to Sr. Edward Littleton, and Sr. Paul Pyndar. Towards payment of his debts, & then absented himselfe, upon news that the East-India Company of the Netherlands, had violently seized and taken into their possession his two Shipps Bona Esperanza and Henery Bona Adventura of London, with their fraights and lading, for trading with the Portugalls, that were then in Comon Ammity, both with England, and Holland.

7. That the sayd William Courten transported himselfe for Itally in the yeare 1648. where he died intestate, leaving his Fathers Estate un­administred, and the sayd accounts unsetled, through the iniquity of the times, whereof Mr. Boudaen tooke advantage.

8. That Iohn VVhite, and Iames Boeve, haveing married Susanna, and Hester de VVyer, the daughters of the only sister of Iohn Moncy, (who had promised to make them his heires, having noe children of his owne) caused the sayd Peter Boudaen, to be cited into the Prerogative Court of England, in the yeare 1651. to prove Mr. Moncys will by wittnesses, which he had sent to be exhibited there, in Common forme, and conse­quently drawne 30000 p. sterling of Mr. Moncys Estate out of London.

9. That Peter Boudaen refused to be conformable, to the sayd cita­tion, pretending he was not subject to any forraigne Iudicature, although the proper Court to take Cognizance of the will, where it was exhibi­ted. Then after severall other Admonitions, and Letters Requisitory [Page 5] from the judge. Letters of Administration of the goods, and chattelles of Iohn Moncy, was granted to Hester White, the surviving Neice of Iohn Moncy.

10. That Hester White in the yeare 1652. summoned the sayd Peter Boudaen, before the Magistrates of Midleburgh (to have an account of Iohn Moncys Estate as dyeing intestate) who excepted against her qua­lity, as Administratrix, pretending that there was a will, although the probate was denied. Nevertheless the sayd Magistrates in regard Mr. Boudaen, was an Elder of the English Congregation, in Midleburgh, they declared that Mrs. White was not receiuable in her quallity as yet. Which was a manifest deniall of Justice in Zeland, and a wronge to the Judicature of England.

11. That Mrs. White appealed from the Sentence of Midleburgh, to the supreame Court of Iudicature at the Hague, where after 4. years attendance and great expence, a Sentence was there pronounced, on the 19 of May. 1657. That Provided Peter Boudaen obliged himselfe to satisfie all Pretenders, Creditors, and others, that might pretend, to the Estate of Iohn Moncy, that then the Administratrix, was not greived, by the Sen­tence of Midleburgh; but in case of refusall, they condemned him, to account with Mrs. White, for Mr. Iohn Moncys Estate, reserving such right, as any per­son might pretend to the validity or invalidity of Mr. Moncys will. Which was nihil ad rem. but very impertinent, and a possitive deniall of Justice, in the supreame Court of Judicature of Holland, to sett up a false Executor in Zeland, against a legall Administratrix in England.

12. That after Peter Boudaen had obliged himselfe, by a notoriall Act, in persuance of the Sentence of the High Court. Mr. Boeve sum­moned him before the Magistrates of Midleburgh, for the payment of a Legacy of 2000, p. (with interest and damages,) given to his Wife by Mr. Iohn Moncy, where he obtained a Sentence on the 11.th of February 1660. that Mr. Peter Boudaen should pay the sayd Legacy with da­mages, provided the Interest should not exceed the Capitall.

13. That Peter Boudaen appealed from the sayd Sentence, to the supreame Court of Iudicature at the Hague, where the suite hath de­pended these 15 years, contrary to all reason and equity, upon Counter­charges, [Page 6] and vexatious pretences of Boudaen, to the damage of Mr. Boeve, ten thousand pound sterling, besides the loss of his imployment, in trade and Marchandize, whereby he hath impoverished himselfe, and his Family.

14. That Letters of Administration, of the goods and chattells of Sr. VVilliam Courten with his will annexed being granted to the sayd G [...]rge Carew (after the death of VVilliam Courten the Executor) he gave a generall Procuration in the yeare 1662. unto Iames Boeve who summoned the sayd Peter Boudaen before the Magistrates of Midleburgh in the same yeare, and prayed by his bill that Peter Boudaen, should be injoyned to account with Mr. Carew concerning the Partnershipp in his quallity as Administratour of Sr VVilliam Courten, or be ordered to deposite the generall Books of Trade, and other papers into the Secre­tary Office of the sayd Citty, or any neutrall place, that an account might be settled▪ at a joynt charge, in the presence of Mr. Boeve, who was a servant to Mr. Iohn Moncy, and knew how to setle the same.

15. That Peter Boudaen, being a Director of the East-India Company, and one of the Common Councell of the Citty, was admitted by the Magistrates to demand caution of Mr Boeve for Costs, before they would proceed, which was neuer demanded in any such cases before. And after Mr. Boeve had given sufficient caution accordingly, the Ma­gistrates tooke Exeption against it, and would have other caution, pur­posely to delay Justice, which continued soe, during the Dutch warr, untill the death of Peter Boudaen.

16. That Sr. Iacob Catts late Pensionaris of Holland, became bound on the 29. of July 1631. at London to Sr. William Courten for 3000 p. sterling which money continued at interest, after the death of Sr. William Courten, then his Sonn and Executor delivered the sayd bond, with a Letter of Atturney to Iacob Pergens of Amsterdam, who putt the same in suite against Catts at the Hague, in the Provintiall Court, who removed it to the supreame Court, where Mr. Carew intervened by his Process in the yeare 1662. for the sayd debt and damages as admini­strator of Sr. William Courten, according to the Law of England, the Executor being dead, during the prosecutiou of Pergens.

[Page 7] 17. That the Advocates of horh sydes agreed the case by consent, and transmitted it to England, for the judges opinion, who subscribed their judgment, in the presence of Major Wright, a publique Notary to this Effect; That by the Law of England, the money due upon the bond from Sr. Jacob Catts, was vested in Mr. Carew the admi­nistrator, after the death of William Courten the Executor, who could not assigne a bond, by the Law of England, being a thing in action.

18. That Advocate Sass, and the rest of Mr. Carews Councell at the Hague, delivered an authentique Coppy of the judges Opinion, in Latine, to the Lords of the supreame Court of Iudicature, and pleaded further: That by the instructions of their owne Court, a stranger being to be admitted, at his first instance, they were possitively obliged to give Sentence, according to the Laws of England, where the money was lent and the bond given. The Parliaments in France, and all Na­tions, governing themselves, in cases of Contracts, according to the Law of the place, where they are made.

19. That notwithstanding all the Arguments, and Results of the Iudges, and Lawyers, Iohn de Witt being a Kinsman of Pergens his wife, he prevailed with the Lords of the supreame Court of Iudicature, to give Sentence in the yeare 1663. that the Debt, Interest, and Da­mages, should be payd to Pergens he giveing caution, to save hermeless, and indempnisied, the sayd Catts, and his Heyres against Carew, which was a vyolation of the Law, to the prejudice of Mr. Carew, and other Creditors of Sr. William Courten, the sum of 5000 p. and upwards, that ought to be refunded, upon a nationall demand.

20. That upon the Addresses, and earnest Solicitations of the Credi­tors, and Adventurers with Sr. William Courten. The King and Coun­cell insisted upon Satisfaction, and Reparation, from the Hollanders in the yeare 1662. for the two Shipps Bona Esperanza, and Henery Bona Ad­ventura of London, his Majesty signifieng by Letters, under his signe manuall, to the States Generall. That he was obliged in Iustice and honour, to see it effected accordingly.

21. That upon Consideration, Polleron should be restored, and [Page 8] satisfaction given for the two Shipps Bona Esperanza, and Henery Bona Adventura. All other damages, and injuries done in the East-In­dies, to his Majestys subjects before his Restauration, were to be mortified and extinguished, by the 15'th Article of the Treaty con­cluded at Whithall 4'th of September 1662.

22. That the Kings Commissioners; The Duke of Albemarle, Earle of Manchester, Lord Holles, Lord Berkeley, Sr. George Carteret, Sr. Edward Nicholas, and Sr. William Morice; And the Dutch Em­bassadors Mr. Symon van Hoorn, and Mr. Michiel van Gogh, agreed in particular Termes before the Conclusion of that Treaty (that the damages concerning those two Shipps, should be adjusted at the Hague, and satisfaction given there, where the Controversie depen­ded between Sr. George Downing, and the deputies of the States Ge­nerall) As appears by certificate under their hands and seales.

23. That in persuance of the sayd Treaty, and Agreement, two years time was afterwards spent at the Hague, and Amsterdam, in Ap­plications, to the States Generall, and the East-India Company, for sa­tisfaction and reparation, of the debt and damages (which amounted unto 150000 p. sterling and upwards) that could not he acquired, unless a fifth parte might be accepted for the whole, including 85000. gilders to be refunded by Mr. Pergens, or his caution towards it.

24. That the Creditors, Adventurers, and Partners with Sr. VVilliam Courten, finding themselves agreived, and the Kings honour soe publi­quely exposed, by the Hollanders, they addressed themselves, with the State of their cases, unto the House of Commons, in the yeare 1664. who voted to assist his Majestie, with their lives and fortunes, in re­covering Satisfaction, and Reparation, for the sayd Losses, and Dama­ges, sustained by the Hollanders and Zelanders.

25. That upon fresh applications, made to his Majesty, by Francis Late, Earle of Shrewsbury, VVilliam Loyd, Charles VVhitaker, Esquires and severall other Creditors of Courten, Littleton, and Pindar, with the sur­viving partners of Sr. VVilliam Courten, after severall References to the Iudges, and Kings Councell at Law, who reported that it consisted with Justice, and the Laws of Nations, for his Majesty in that singu­lar [Page 9] case of the shipps attended with soe many Circumstances, to grant letters of Reprisall, against the States Generall and their subjects to continue in force, in all times of peace and warr, untill the summ of 151612. p. sterling with all incident costs and charges should be repri­sed. Which was granted unto Sr. Edmond Turnor, and George Carew, their Executors, Administrators, and assignes accordingly, as by the let­ters Patents, under the great Seale of England, dated the 19.th of May, 1665. inrolled in Chancery, may appeare.

26. That the Hollanders neuertheless, pretend to be released and discharged, of the sayd debt by the Treaty at Breda, concluded in the yeare 1667. without any paymant, or compensation made, to the in­teressed, and would seeme to charge, the same upon the Crowne, if any thing should be taken, from them, by force of the sayd pattent.

27. That upon new addresses, made to the King, and Councell, by George Porter, & Thomas Coppin, Esquires, Thomas Kynaston, George Townesend, Marchants, and others, joyning with them, imploring his Majesties further ayde, and protection, in the premises. It was by order of the Councell Table, dated 22. of March 1671/2. referred to the Lords Com­missioners of the Treasury, and the two principall Secretaries of State, whose report was drawne up, by Sr. Robert Howard, dated 29. of June 1672 signifying to the King, that the States Generall having cancelled the obligations of all past Treaties, and Agreements by breach of their articles, his Majesty and his subjects, in that case of the Shipps Bona Esperanza, and Henery Bona Adventura, were as free both in Justice, and Equity, to require satisfaction and repara­tions, (according to the debt already stated under the great Seale of England) as if those Treaties had neuer been made.

28. That in persuance of the sayd report, the King sent his Letter da­ted the 7.th of Iuly 1672. to the Duke of Buckingham, and the Earle of Arlington, (when they were treating with the French King, and the States Generall at Utrecht) requiring them to demand satisfaction, according to the sayd report, his Majesty further intimating, his care to protect his sub­jects, in their just rights, as well as to assist them in recovery therof.

29. That the Commissioners from the States Generall, then Resident [Page 10] at Hampton Court, gave a pasport dated the 5. of Iuly 1672. to Mr. Carew to trauell into Holland with his Servants, who toke with him the Kings letters, orders of Councell, report, and severall other papers, and writ­tings, relating to the premises. Yet notwithstanding the States of Hol­land committed Mr. Carew, and Mr. Iohn Sherland, close prisoners, tooke away all their writings, and bagage, and detained them as criminalls, without access, during the warr, where they were jubject, to many af­fronts, & abuses, both from the States of Holland, and the tumultuous inhabitants there.

30. That Iames Boeve, was by the contrivance of old Boudaens Sonns, and their confederates, kept in Prison, at the Hague (upon a faigned action of Mr. vander Helme, and Mr. Rymsdike, in the Admiralty of Ze­land) for the space of 4. years, purposely to obstruct him in the prose­cution, of his owne, and Mr. Carews affaires, and afterwards in the month of December 1672. pretending he was a confederate of Mr. Carews, who (they sayd) had obstructed the good intelligence betweene England and Holland, by prosecuting the actions, and demands, against the East-India Company, and others, they with-drew their action upon Mr. Boeve and cau­sed him to be charged, as a criminall also, and toke away his books papers and writings, relating to the sayd actions, and kept them during the warr, soe that they could not be made use of at Cologne, pursuant to an order of the Councell Table 10.th of May, 1673.

31. That Don Pedro Fernandez de Iovar & Valasco, Marquis del Frenza, the Spanish Embassador at London, by procuration from the States Gene­rall concluded a peace with his Majesty, in the month of February 1673/4. whereby is confirmed and renewed (in the 7.th Article) the Treaty of Breda, as also, all other former Treaties in their full force and vertue, but noe further notice taken of the Bona Esperanza, and Henery Bona Ad­ventura. The States of Holland pretending that the King is to give Sa­tisfaction to the claymours, out of the moneys, to be payd by the States.

32. That after the Conclusion, of the peace, Pensionaris Fagell proposed to Sr. Gabriell Silvius at the Hague. That if the King would discharge the Dutch Prisoners in the Tower, and sett them free of all costs, and ex­pences. That then the States Generall would doe the like by Mr. Carew, Mr. Boeve, and Mr. Sherland, where-upon Mr. Secretary Coventry did [Page 11] write, unto Sr. Gabriell Sylvius, that the King was contented soe to doe, provided that his subjects should be first discharged, and have their writings, papers and bagage delivered, being committed, and detained contrary to the Laws of Nations, and Common right.

33. That after three weeks debate, Pensionaris Fagell proposed, that Sr. Gabriell Silvius, or Mr. Carew should give security, that the King should performe on his parte, or that one of the three, should remaine prisoner, untill the King had performed, or that the charges and dis­bursments of the Dutch Prisoners, should be deducted out of the 200000. p. the King was to receive, by the Treaty, which was lookt upon, by the English Prisoners, to be very dishonorable demands.

34. That then the States of Holland, finding by computation that the cost and charges of the Dutch Prisoners, would anmount unto 1500. p. or there-abouts, consented at last to discharge Mr. Boeve, Mr. Carew, and Mr. Sherland, computing thier cost, and incident charges of imprisonment, to amount unto the like summ which they promised to pay, accordingly.

35. That notwithstanding the King did bona fide pay 1540. p. sterling for the costs and incident charges of Advocate Sass, Mr. Wacktendonke, Mr. Payne, and Mr. Overscheld, who were really guilty of high crimes and misdemeanours; yet the States Generall to this day have only payd 150. p. and left unpayd 1230. p. upon the account of Mr. Carew, Mr. Boeve, and Mr. Sherland (that died sone after hls releasment of Me­lancholy humours, contracted in prison, for want of good company, ayre and exercise) where the Hollanders, will not be punctuall, in littlr matters, there is small hopes of their performance in greater, who never kept a Treaty with any.

56. That Mr. Carew, after his releasment, knowing that Mr. Boudaen, had left his Sonns and Daughters vast summs of money at his death, beyond expectation of the World, besids severall of the best planta­tions, and possessions in Surinam, he went to Midleburgh, and sent a publique Notary on the 8.th of Iune 1674. unto Iohn, Peter, and Henery Boudaen, and the rest of the Sonns, and Daughters, of old Boudaen, to require an account of Sr. William Courtens Estate, resting [Page 12] in their hands, and in case of deniall, to protest, for all costs and da­mages, already sustained, or that should be sustained, by their further obstinacy, and delays, who still refused to come to any account. Where­upon Mr. Carew revived, the former action against the children, that was brought by Mr. Boeue against the Father, upon M. Carews account, and gave other caution by a sufficient Marchant of the place to the liking of the Magistrates. Yet neuertheless they have admitted the sayd Boudaens (being directors of the East and West-India Companies) to make frivolous exceptions, against the Iudicature of England, only for delay, contrary to the very ordinance of their owne Courte, ex­pressly contained in the 45'th Article of Instructions, for their proceeding at Law in Midleburgh. Where Mr. Carew hath ever since, to his great costs, and damages, dayly solicited the Magistrates, Burgermasters, and Schepens for Iustice; in regard of Mr. Boeves age, who knows the accounts; And also complayned unto Sr. William Temple, the King Em­bassadour at the Hague, who is not regarded there, upon any judiciall Complaynts whatsoever.

IT is not unknowne to severall Members of Parliament, how many Fami­lies have suffered, in th [...]se cases, by the fraudes and rapines of the Hollanders, and Zelanders, wherin the cries of many Fatherless and VViddowes, calls aloud at the Parliament dores, for a grand In­quiry to be made (for their releise) against the indirect practises and insolencies of those people. Wherefore the Petitioners doe ( openly) appeale to the Parliament against the States of Holland, and Zeland, for all the Capitall summs of Money, Losses, Damages, and incident Charges whatsoever; (sustained by the Petitioners, and other persons clayming the same) amounting unto the summ of two hundred and fifty thousand pound Sterling and upwards.