UPon the second day of February , in the year of our Lord , 1676. English stile , George Carew of ●ichmond in the County of Surrey in the Kingdom of England Esq ; Administrator of the Goods and Chattels , debts and credits of Sr. William Courten and Sr. Paul Pyndar Knights deceased , ( with there Wills annexed ) and 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 Japan ; In the several qualities aforesaid : The said George Car●w 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 alr●ady 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 Maccao , 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 threatning 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 , 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 great 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 shew the Company that they might understand how His Majesty had granted a power out of himself unto particular persons , according to the Law of Nations , and so made the Soveraign demand into a special grant upon record , ( against which there is no averrment , ) whereof the Company was obliged to take notice , and that nothing could obliterate or make void the said Patent , but satisfaction of the dammages or a composition with the persons interessed in 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 Com●any of the Netherlands would not take 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 Insinuant and others , to the Plenipotentiaries from the King at Utrecht and Cologne to insist upon satisfaction accordingly , the King having intimated therein , that His care in this affair should be as much to protect his Subjects in their 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 la●● 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 transferr or aleniate any such Action or Obligation belonging to the said Boudaens or either of them , for that it appeared upon record in England , ( as a Capital offence for which Sr. William Courten was committed to Prison ) that several great quantities of gold ( which Sr. William Courten had taken up at interest of his Creditors ) was transported to Sr. Peter Courten at Middleburgh , who had indirectly 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 by H. van Rijckegem Notary Publick in the Chamber of the East-India Campany at Middleburgh before Mr. Gillis Mueniux , 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 , make a presentation to the Magistrates of Middelburgh in writing to avoyd all further troubles and inconveniences , that all differences , and accounts might be referred unto neutral Merchants and others there under mutual Obligations to abide their award , and final determinations , yet the said Boudaens have obstinately refused to come to any account , or to 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 .