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A34117 To the honnorable the knights, cittizens and burgesses in Parliament assembled the humble petition of George Carew, Esquire administrator of the goods and chattles of Sr. William Courten, Knight, deceased (with his will annexed), John White, and James Boeve, of London, marchants, on the behalfe of themselves and diverse others, His Majesties good subjects of England. Carew, George, Esq. 1675 (1675) Wing C554; ESTC R35851 7,780 13

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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 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 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 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 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
To the Honnorable The Knights Cittizens and Burgesses in Parliament assembled The humble Petition of George Carew esquire Administrator of the goods and Chattles of Sr. William Courten Knight deteased with his will annexed John White and James Boeve of London Marchants on the behalfe of themselves and diverse others his Majesties good subjects of England Sheweth 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 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 And forasmuch as there is noe other remedy left for your Petitioners releife but by complaynt in Parliament after soe many Intercessions of his Majesty and his Ministers at the Hague to the States Generall in vaine The People of Holland and Zeland taking advantage of their popular Interest in England to expose the Honour and Reputation of the King and Kingdome to scorne and contempt by their open and manifest denialls of Common Iustice to English-men YOur Petitioners doe therefore most humbly pray that your Honours would take their Complaints into your most serious considerations to the end that some effectuall means may be used upon your Recommendation to his Majestie that right may be done according to the merrits of their respective causes And that hereafter a summary way may be had in the unied Netherlands for Iustice as is used to strangers in England by neutrall and unconcerned Persons And your Petitioners shall ever pray c. Aprill 15 ' th 1675. 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 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 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 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 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 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