the 23. of April 1653. unto me the said Goerge Carew and my Trustees of and in the Manors Lands and Tenements of Severne Stoke Pyrton Annton Eversham Upper Swell and Lower Swell and all other Lands in the Counties of Worcester and Gloucester to them belonging that were granted to Sr. Edward Littleton by William Courten as aforesaid and severall other Deeds declaring the Trust Covenants and Agreements were also then Executed accordingly with a Schedule of the principall Debts annexed theâ—eunto as follows A Cattalogue of some part of S r. Edward Littletons Creditors  £ To Sr. Robert Thorold for the principall Debt of 2000. To Sr. Peter Richaut for the principall debt of 1000. To Sr. David Watkins 1500. To Eusebius Mathews 2000. To the Earle of Shrewsbury 2500. To Iosina Calf 1500. To Sr. Anthony van Dijke 1500. To Sr. George Whitemore 1000. To Sr. William Whitmore 0500. To Thomas Abberly 1500. To Robert Davies 0600. To Edmond Hamond 1600. To William and Susanna Walton 3000. To Thomas More 2400. To Iohn Gifford 1000. To William Bagott 0600. To Alice Walcott 1000. To Ieremy Elwes 1250. To Sr. Robert Ayton 2500. To Sr. Peter van Lore 1500.  30450. Memorandum that severall of these Summes of Money were the proper Debts of the Company for which the Stock is lyable that rests in the hands of the Heiret of Peter Boudaen deceased Then Mr. Carew entred his Claime before the Commitee at Worcester House on the behalfe of himself and the Creditors to have an allowance thereof for that it was not an Estate subject to any forfeiture for any delinquency of Sr. Edward Littleton which with much difficulty and expences was exempted by speciall order of the said Committee Then Iames Winstanley George Cotton Richard Norton and the rest of the Commissioners appoynted to execute the Commission against William Courten entred upon the Lands and brought their Writts of Ejectment on the behalfe of the Generall Creditors pretending that William Courten was within the compass true meaning or intent of the Statutes against Banckrupts before he had granted the said Lands or any right or interest therein unto Sr. Edward Littleton and therefore that the right and equity of Redemption belonged to them In the yeare 1654. George Carew to avoyde all disputes and controversies contracted with the said Commissioners to give them 2000. Pound Serling for their pretended Title and Interest which they claimed on the bebalfe of the Generall Creditors that sought relief by the said Commission whose debts amounted unto 128000. pound Sterling which was granted and conveyed by the consent of the major part of them unto the said George Carew accordingly but withall they ingaged the said George Carew in Articles and Covenants that he should at his owne proper costs and charges bring the Heires and Executors of Sr. Peter Courten and Iohn Moncy Partners with Sr. William Courten to account for the Stock that was in the Trade of Partnership that belonged to Sr. William Courten and to recover the same which should be divided in equall shares and proportions between the Generall Creditors and those particular Creditors that Mr. Carew was intrusted for by Sr. Edward Littleton as aforesaid In the same yeare 1654. Mr. Carew contracted with the Lord Coventry and others for the Purchase of the said Lands and to procure a Fine from William Courten the Son and Heyre that was in Italy for which 4000. £ was to be given out of the Purchase Money but before the Commission was reâ—urned out of Italy and the Fine executed William Courten died in Florence in the yeare 1655. Then all things by agreement rested in Statu quo untill William Courten the Grand-child came to age who afterwards joyned in Fines to the Lord Coventry to Mr. Carew and others which payd Courten considerable Summes of Money to end all debates although he had no right thereunto Soone after severall of his Fathers and Grandfathers Creditors comeing to the knowledge thereof brought Actions against him as Heire at Law and arrested him others exhibited Bills in Chancery against him unto all which he pleaded that he was neither Heire Executor or Administrator or claimed any thing from their Estates What was paid to him was ex dono gâ—atia and not ex Iure Yet to avoyd all further Cavills he absented himself out of England and is resolved to live upon that money in a strange Land and not to demand any thing Additione Haereditatis as Heire to his Father or Grandfather An Account of the Monies raised by Sale of the Lands  £ The Equity of Redemption of Severne Stoke that was mortgaged to Mr. Daniel Harvey sold unto Thomas Lord Coventry for 1200. The Equity of Redemption of Upper Swell and other Lands that were mortgaged to Mr. John Rushout sold to Sr. James Rushout his Son for 0300. The Equity of Redemption of Lower Swell that was mortgaged to Mr. Giles Carter sold to Sr. Robert Atkins for 1600. The Mannor of Pyrton in possession sold to Thomas Lord Coventry for 7500. The Mannor of Evesham in possession sold to Mr. Rudge for 7500. The Mannor of Annton in poâ—â—ession sold to Mr. Thomas Foly for 3600.  21700.  £ Whereof Mr. Carew deducted that he payd to the Commissioners 2000. And 7400 £ payd to Mr. Courten with all other incident Charges 7400.  9400. Mr. Carew addressed himselfe againe in the yeare 1656. unto Sr. Edward Littleton with a report of all his Proceedings who then delivered Mr. Carew the Originall Bill of Sale dated 26 th of Aprill 1642. of the Ships Goods and Fraights transferred unto him by Mr. Courten as aforesaid And assigned all his Right and Equity therein unto the said George Carew for further satisfaction of the Persons aforesaid after the severall Assignations should be discharged unto Sr. Paul Pyndar according to the Deed dated the 19. of December 1642. before mencioned After these Transactions all things continnued without further prosecution in regard of the severall Changes of Government untill the Kings most happy Restauration Then the Creditors renewed the Commission against the Estate of William Courten under the great Seale of England Whereupon Mr. Carew and the Commissioners had several meetings and Consultations together who tooke new measures from all the former inquiries and examinations made after the Estate of Mr. Courten Then divers debates did arise concerning such a vast Corporation of Crediâ—ors who valued their Deâ—ts Interests and Damages of sevrrall natures to amount unto 400000. Pound and upwards many of them being Executors that could not abate any thing of their Principall and Interest And some Persons having lent their Monies upon the Credit of Sr. Will. Courten and Company long before the death of Sr. Peter Courten and John Moncy insisted to have satisfaction out of the Estates of the Company Others that had the Colaterall security of the Earle of Bridgwater and David Goubard would not contribute to the Commission against Courten but expected
satisfaction from the Earle of Bridgwater which proved otherwise for that upon their addresses unto him for their Money he excused himselfe that it was none of his Debt That he was deceived in the Estate of Mr. Courten and expressed himselfe in these very words at his house in Barbican That he would not fry in Hell for his owne Debts wherefore he had taken care and setled some Lands for the payment of them but as for Mr. Courtens debts he would not concerne himselfe therewith Yet his Son the Earle of Bridgwater that now is hath had much trouble concerning the same Now the King of Great Brittaigne being Crowned at Westminster all his Subjects made no doubt of procuring satisfaction for civil Actions at Law against the Inhabitants of Holland and Zeeland upon private differences as also for Damages that they had suffered by Spoyles and Depredations Whereupon they made their applications expecting respective Protections and reliefe from his Majesty accordingly Briefe Relations whereof are mencioned in the Continuation of the Case betweene Sr. W. Courten his Heires and Assignes and the East-India Company of the Netherlands And the Peticion of George Carew James Boeve and John White to the Commons in Parliament with the 36. Articles annexed Which are placed in order at the latter end of this Booke unto which I refer you In the meane time I will give you some positions of Law with the particular proceedings in the Case depending upon the Accounts and also severall Copies of Letters and Answers relating thereunto And likewise some speciall Remarkes of fraud and malice in the practises of Boudaens and Pergens and then conclude Many Debates still arising between the Creditors concerning the different natures of their Debts It was agreed that Administration of Sr. William Courtens Estate not Administred should bee taken out by Mr. Carew to prosecute those Persons that injoyed the Effects thereof beyond the Seas Whereupon William Courten the Grandchild was cited to appeare who refused So Administration was granted on the fourth of July 1660. to the said George Carew with the Will annexed Then Mr. Iohn Madden of Westminster addressed himselfe to Mr. Carew to be satisfied a Debt of 1000. Pound due from Sr. William Courten upon a Judgment obtained in the Kings Bench Court in the name of Henery Bringhurst Mr. Maddens Father in Law in the yeare 1625. which very much surprised Mr. Carew in regard he had some Land lyable thereunto Wherefore he agreed with the said Madden to have the Debt assigned unto him that others might pay their proportions who had any of Courtens Lands Whereupon Richard Dowdeswell an Atturny and Steward to the Lord Coventry maliciously combined with some other Persons to question Mr. Carew concerning the said Judgment and also to joyne with William Courten the Grandchild to question Mr. Carews administration of Sr. William Courtens Estate And in order thereunto brought an Information against Mr. Carew in the Crown Office pretending that he fyled the Declaration and Bayle Irregularly that was to warrant the said Judgment which upon a full hearing in Court and the verdict of twelve able sufficient men Mr. Carew was acquitted and found not guilty Soone after Mr. Carew brought his Actions against the said Dowdeswell for Conspiracy and Slander who insisted upon his Priviledge as a Member in Parliament to avoyde any appearance whereupon Mr. Carew posted him upon the Pillory in Worcester and severall other market-towns in the said County where he lived for a false Accuser a Lyer and a most malicious person that durst not appeare to justifie himselfe or his Actions And William Courten the Grandchild upon Mr. Carews Appeale to the King in the Case of his Administration whereupon a Commission under the Great Seale of England was awarded to Deligates The said Courten personally appeared before the Judge of the Prerogative Court and there openly agreed and consented unto Mr. Carews Administration and was also present in Court to see the same ratified and Judicially confirmed accordingly All which proceedings remaines upon Record and were very well known both to the Boudaens and Rextoot who notwithstanding were so audacious most falsely maliciously and impertinently to alledge the contrary in open Court before the Magistrates of Middelburgh on the 20 th of February 1675. where exemplifications of the said Records were extant to manifest the same Sr. William Powell Baronet having administration of Sr. Paul Pyndars Estate as a Principall Creditor he applyed himself to Mr. Carew in the yeare 1662. for satisfaction of the Money that Sr. William Courten was indebted to Pyndar but he refused to prosecute joyntly with Mr. Carew against Pergens or the East-India Company of the Netherlands for the Damages concerning the Ships Bona Esperanza and Henry Bona Adventura although Mr. Carew was a Creditor to the Estate of Sr. Paul Pyndar and also had Sr. Edward Littletons Equitable Interest in the said Ships Wherefore Mr. Carew was necessitated to comply with Sr. William Powell and Mr. Iohn Whitfield either to pay them 2500. pound Sterling in ready Money to assigne the Administration or to acquit his Prosecution that he had begun at the Hague for those Ships upon the Kings recommendation Then upon Sr. William Powells resignation Letters of Administration were de novo granted on the 21 th of March 1661 3. to Mr. Carew and afterwasds confirmed by decree in Chancery Whereby Mr. Carew became Legally intituled in right of himself and other Creditors unto all the Goods and Chattells Debts and Credits of Sr. Paul Pyndar unto whom Sr. William Courten died indebted Thirty thousand Pound Sterling and upwards Yet the Sons of Peter Boudaen and Rextoot had the impudence to pleade and publish in Print that Mr. Carew hath no just pretence to any part of S. William Conrtens Estate or any quality to administer the Effects thereof and also that all his Estate was gotten by false Actions ADVERTISEMENT IF it may be freely spoaken what judicious and impartiall men do apprehend concerning the proceedings in this case It is thus They do no less admire Mr. Carews patience then they doe commend his constancy in prosecution of his right And at the same time they cannot approve the righteousnes of the Boudaens â—â—use that have not in so many yeares triumphed in their Iustification against Carews Process Yet they doe blame some persons in appearing to vindicate such frivolous Exceptions of the Boudaens only to delay common justice Nay it is observable that Mr. Carew does all things publiquely in the face of the Sun while the Lords Boudaens workes underhand in darknes by Printing such Lybels that dare not appeare in the light Although they are given to some Magistrates conjuring them not to part with the same nor even to let them be seen but by such persons that are of their owne confederacy These carriages have taken such an Impression in Mâ—ddelburgh amongst the Burgers there that all good Men who have come to the knowledge thereof do
A VINDICATION Of the severall Actions at Law brought against the Heires of S r. Peter Courten Knight and Peter Boudaen Merchants deceased by George Carew Esqr Iames Boeve Merchant and Hester de Weyer With the Arraignment of a most scandalous Pamphlet called De quade Minees en Practiken van seeckeren George Carew ontdeckt en opengeleght tot onderrichtingh en waerschouw aen Nederlandt door d' Erfgenamen van P. B. C. Zal r. 1675. privately given out to the Magistrates in Zeeland Veritas non quaerit angulos Printed at Middelburgh by Thomas Berry 1675. To His Highness THE Prince of Orange Sir IT was given for a Maxime amongst other Policies of Government to the States of the United Provinces by Prince William of Nassaw your great Grandfather that they should doe Justice unto all Strangers It being the greatest support of a Nation and the want of it the chiefest cause of their fall I am grieved that such occasions are given me to write upon this Subject or to say that these Netherlands have long mourned for the transgressions of evill doers Before the Law of Property there was noe theft all things remained in common to every man but after the Laws of Nations were established all mens rights became distinguished and preserved by certaine Rules and order of good Governement May it please your Highness I am obleiged as an Englishman a Gentle-man and a Subject of the King of Great BRITTAIGNE publiquely to vindicate my self my Country and the Judicature of England since severall Advocates and their Clyants in Middelburgh have taken the boldnes and liberty publiquely to scandalize and reproach all three by belching out their calumnies and aspersions against us in the ordinary Courts of Justice there And since your Highnes by a wonderfull Providence is not only restored to the ancient Offices and Dignities of your most Noble and Princely Ancestors but that the chiefe Office of Statholder in Holland and Zeeland is intailed upon your Highnes and your Heires for ever as a remarkable testimony of your personall merits and the common gratitude of the people for the many and great Services that your Ancestors had done for these Provinces I shall therefore implore your Highnes to recommend my Causes that I may at last find common Justice in these Netherlands without respect of Persons And that in the meane time your Highnes would give your selfe the trouble of reading this short Narative of them wherein I have not offered any thing impertinent to the busines in hand So leaving the scope of the whole matter unto your Highnes most serious considerations submitting the same to your great wisdome and judgment as the chief President of all Judicature in these Provinces Great Sr. I remaine your Highnes most humble Servant GEORGE CAREW Middelburgh in Zeeland September 2. 1675. A Preface to the Reader VIrtue and honourable Actions make all men truly noble and on the contrary wicked and abominable practises render them unworthy and base It is not busines here to recriminate the vices of these Provinces or to make a retrospect into the Pedegrees of those particular Inhabitants that have lived upon the spoyles of other Nations but only into my parties and their Advocates who have not been ashamed to publish most false and libellous discourses reflecting upon my self and severall others of his Majesties good Subjects of England Scotland and Ireland I should therefore betray my own innocence the merits of my causes and the deserts of my own Family If I should continue silent after so many indignities and reproaches cast upon us that are reduced into writing by John and Peter Boudaen by whose directions they were also Printed by the States Printer in Middelburgh and the Books given under hand to the Magistrates to get good opinions of their bad Causes to the prejudice of my self and other Englishmen Miracles are now ceased and men cannot have moneys drop into their lapps out of the clouds All things mencioned in this following Treatise are matters of record And if shame and infamy had not attended the Family of old Peter Boudaen as he himself in a letter to his Mother long before his death prognosticated his Children might have covered their Fathers infirmities and suffered him to rest quiet in his grave by giving better attention unto those timely insinuations and friendly addresses that were made unto all the four brothers John Peter Walter and Henery Boudaen respectively who follows the stepps of their Father not restoring what was injustly gotten yet I cannot without regret speake evill of the dead wherefore I have modestly and briefly set forth the Characters and Extractions of the persons concerned as a most necessary introduction to what follows then comes a Relation of the Partnership in Trade and Commerce between Sr. William Courten Sr. Peter Courten and Mr. John Moncy together with the severall transactions of their Heires Executors and Assignes adding some Observations and Remarques thereupon I come to the vindication of my selfe and Family justifying my Administrations in England and my proceedings in the severall Cases depending in Holland and Zeeland ever since the yeare 1650. which I leave also to your candid apprehensions and the whole World to be competent Iudges thereof Vale. Middelburgh Septemb. 3. 1675. It Was the Saying of an ancient Philosopher that lived in a very serene Aire Quôd gaudiant qui bene nati The words being spoken as to the temperature of those mens bodies from whence followed the generous disposition of their minds IN the yeare 1567. Phillip the Second King of Spaine having sent Olivaris Duke of Alva to be Governour of the Seventeene Provinces the Spanish Inquisition was then put in execution Where amongst others William Courten a Taylors Son at Menen in Flanders was imprisoned from whence he made his escape and remained sometime privately about Courtrick having maried Margriet Casier from thence a Linnen-weavers daughter by whom he had one daughter named Margiret that maried with Matthias Boudaen a Macklaers Son of Antwerpe These People having very tender consciences they transported themselves some for Holland and others for England with all the monies and credit they could make William Courten and Margeret his wife being arived at London in the yeare 1568. they toke a small house in Abchurch-laine where both of them followed the trade of making French Hoods that were much used in those days and sold their worke to the shops that retayled the same out againe After some time expired they toke a house in Pudding-laine in the Parish of St. Mary Hill where they had two Sons the eldest named William who was borne in the yeare 1572. yet within the memory of the living and the other named Peter that was born in the yeare 1581. who were both brought up to Schoole to leaâ—ne to read write and cast Accounts William Courtens the Sonne after his Fathers death was sent unto Mr. Peter Cromelincx a Linnen Merchant at Harlem that had also fled out of
Courtrick for Religion to be instructed in Trafficque and Linnen Manifactures where the said William Courten became intimate with one of the deafe and dumbe Daughters of Mr. Cromelincx and afterwards maried her with the consent of her Father by whom he had a good fortune and one Son named Peter that died without Issue And after the death of Mr. Peter Cromelinâ—x Daughter William Courten being setled at London he maried the Daughter of one Mr. Moses Tryan by whom he had severall children Peter Courten the second brother was sent to Cologne in Germany to be a Correspondent there for his brother William and other friends where he became familiar with the Widdow of Mr. Fromenois who was the Daughter of Monsieur Del Prato and maried her that had a Son and Daughter by her former Husband but died without Issue by Peter Courten leaving her two children named Walter and Katharine Fromenois to his care and education Matthias Boudaen had planted himself and his family at Rotterdam where he became insolvent but was set up againe by the assistance of his friends and not long after died leaving his Widdow Margret Courten with two children a Son and a Daughter named Peter and Anna Boudaen The widdow then transported her selfe and her children for England to seek better preferment Iacob Pergens a Cologner borne that was made a Free Denizon of England at the instance of William Courten he maried the said Anna Boudaen who died without Issue Peter Boudaen the onely Son of Matthias was bred in England and made also a Free Denizon and afterwards maried Katharine Fromenois the Daughter in Law of Peter Courten that was setled in Middelburgh in Zeeland but Walter Fromenois the Son maried a Sempstris and died without Issue leaving a great part of his Estate to his Widdow On the 24. of April 1606. Iohn Moncy of London Merchant a Brabander borne and a Schoole-masters Son being made likewise a Free Denizon of England he contracted a mariage with the said Margret Boudaen the Widdow of Matthias whereupon William Courten Peter Courten and Iohn Moncy entred into a Trade of Partnership with a joynt Stock whereof the half-part belonged to William Courten and a quarter-part to each of the other two which Trade continued for 15. yeares together very profitable to all the Partners then the Accounts thereof were liquidated and all things set even and right Now William Courten and Peter Courten being made Knights they raised their credit and esteem in the World and also continued their Trade in Partnership during their lives but that Stock was chiefly managed by Sr. Peter Courten and Iohn Moncy Sr. William Courten dealing as a Bankere in London besides upon his own particular account where he toke up what Monies he pleased purchased severall Lordships and Tenements And transported vast Sums of Money in Gold out of England to Middelburgh and other places to negotiate Bills of Exchange whereupon he was questioned in the Star-Chamber committed to the Prison of the Fleet and fined for the said offence of exporting the Treasure of England into forraigne parts against the Law of the Land as by the Records in the Crowne-Office appeares Sr. Peter Courten having maried a second wife named Elizabeth Hennich he died without Issue in the yeare 1630. at Middelburgh where he had built a great House in the North-street but left the Accounts of the Trade in Partnership open which had not been liquidated within the space of nine yeares before his death and made Peter Boudaen his Heire and sole Executor giving only 100 Pound sterling to Sr. William Courten his Brother and other small Legacies to his children that were his Heires at Law to exclude them from the Estate which raised the first dissentions in those Families Iohn Moncy died without Issue in the yeare 1631. when he was at Peter Boudaens House in Middelburgh upon the view of all the Accounts in the generall Books of Trade that were kept by Sr. Peter Courten and by his pretended Will gave a great part of his Estate away in Legacies to the children of Sr. William Courten and Peter Boudaen from his owne and only Sisters children Hester and Suâ—â—nna de Wyer that he brought up as his owne and made Margret his wife his Heire by whome he had noe child Sr. Willim Courten died in the yeare 1636 in the 64. yeare of his age leaving one Son and three Daughters named William Hester Mary and Anna being all very much troubled concerning the Accounts lying open between Sr. William Courten Sr. Peter Courten and Iohn Moncy Wherein they esteemed the greatest part of their Fathers Estate to be in that Stock Which raised many jealousies in the Family of Sr. William Courten and more amongst the Creditors who had lent their own monies and the Portions of many Orphants and Widdows upon the credit of Sr. William Courten and his Son and Heire who Sr. William appointed the sole Executor of his last Will and Testament It is to be remarqued that Sr. William Courten died indebted 146300 Pound principall Sterling Money borrowed at intrest upon the Obligations of himself and his Son as by a Schedule of the debts appeares And that for 112500. Pound thereof there remaines no Effects in England or visibly in any parts of the World but what rests either in the hands of the Sons and Daughters of the said Peter Baudaen viz. of Iohn Boudaen Peter Boudaen Walter Boudaen Henry Boudaen Constance and Katharine Boudaen that call themselves the Heires of Sr. Pieter Courten and Iohn Moncy or in the hands of Sr. Iacob Cats Iacob Pergens or the East-India Companie of the Netherlands as by the 36. Articles annexed to a Petition in the Parliament of England hereafter mencioned more plainely appeares It is now necessarie to give some account of the Administration of Sr. William Courtens Estate by his Son and Heire and Sole Executor that administred upon his Fathers Lands and goods from the yeare 1636 unto the yeare 1643 when he became insolvent and absented himself from his Creditors and also left his dwelling house in London and frequented the Exchange no more which was most notoriously known to all the World Sr. William Courten in the yeare before his death borrowed the Summe of 36000. Pound Sterling of Sr. Paul Pyndar upon his own and his Sons Obligations and set out severall Ships in Companie with other men to the East-Indies China and Japan And Sr. Paul Pyndar being the greatst Creditor he earnestly called for his money in the yeare after Sr. William Courâ—en died but was perswaded to waite in expectation of Returnes from the East-Indies to get his satisfaction from thence if possible where his money was imployed Divers other Creditors for severall great Sums of Money daily Solicited William Courten the Son and Heire for payment of their debts or to have other security for their Moneys which forced Mr. Courten to sell the Lordships of Laxton and Kneesall in the County of Nottingham unto
Creditors conformable to the Statutes made against Banckrupts And notwithstanding all possible inquiries and examinations were made at the great costs and charges of the Creditors yet there could not be found any more Estare in England then 13. in the Pound which was divided towards the principall debt of 112300 £ that still remained due unto the Creditors of Sr. William Courten and his Sonne besides the debt of Sr. Paul Pyndar although Sr. Edward Littleton the Earle of Bridgwater and David Goubard became bound as aforesaid Who also absented themselves and died without giving satisfaction as hereafter is mencioned These transactions made all men stand amazed in regard they could not discover any losses that Sr. William Courten had sustained in his life time and they were the more astonished in respect that those very individuall summes of Money for which they sought relief upon the Obligations of Sr. William Courten and his Son were contracted by Sr. William Courten 14 or 15. yeares before his death and continued at Intrest which was constantly payd out of designe to get what other Monies he could into his hands as by the sadd consequences thereof appeares Upon severall other meetings and examinations the Commissioners were informed that David Goubard who was Book-keeper unto Sr. Peter Courten and Sr. William Courten and had made his Escape into Holland where the States Generall gave him a Protection could discover much of Sr. William Courtens Estate and that also Iacob Pergens of Amsterdam and Peter Boudaen of Middelburgh could likewise contribute very much thereunto The said Commissioners sent severall Letters subscribed by themselves and many of the Principall Creditors unto Pergens Boudaen and Goubard respectively earnestly intreating them to give their best assistance therein towards the reliefe of many Orphants and Widdows but neither of them would send any answers to the purpose only Pergens writ unto Mr. Richard Norton one of the Commissioners that as for the Monies which they had desired him to pay which the East-India Company had paid concerning the Ships Bona Esperanza and Henry Bona Adventura Ionas Abels of Amsterdam by Procuration from Sr. Paul Pyndar had claymed and arrested the same in the yeare 1648 therefore he could not doe them any service therein The Controversie concerning those Ships is formerly set forth at large called a Continuation of the Caâ—e between the Heires and assignes of Sr. William Courten and the East India Company of the Netherlands unto wich I refer you Yet for a further aggrevation of that Cause I shall make these following remarkes thereupon That it was a most abominable practise and Combination betweene Iacob Pergens Peter Boudaen David Goubard and severall Directors of the East-India Company who had speciall notice of the severall grants and Bills of Sale unto Sr. Edward Littleton and Sr. Paul Pyndar which were also insinuated unto them by Ionas Abeels on the 25. of May 1648. who likewise arrested the Money in their hands which the Scheepens of Amsterdam had declared valid on the first of October 1648. yet after all insinuations prohibitions protests and arrests this pretended Agreement following was made Het Accoort tusschen de Oost-Indische Compagnie en M r. Pergens Den 18. Septembris 1649. ALsoo differenten ontstaen zijn tusschen de E. Bewinthebberen van de Nederlantsâ—he Geoctroyeerde Oost-Indische Compagnie ter eenre mitsgaders d' E. Jacob Pergens ende David Goubart soo voor hem selven ende al 's Procuratie hebbende van d' E. William Courten ende andere Ge-interesseerdens in de gemelte differenten tot Londen ter andere zijden ter saecke van seecker Schip genaemt l'Esperance in den Iare 1643. voorleden ontrent de Stadt Malacca van de Ministers van de gemelte Compagnie om redenen daer toe dienende met sijn ingeladen Goederen aengehouden midtsgaders eenige geâ—erghde Goederen uyt het Schip Henry Bon Adventura op 't Eylandt Mauritius verongeluckt ende van daer op Batavia gebracht Soo i st dat de voornoemde Jacob Pergens ende Goubart ter Vergaderinge van de Seventhiene de gemelte hare pretensien om eenmael van de selve af te zijn eyndelijck begroot hebbende op een Somme van hondert duysent Guldens ende daer op gehoort zijnde de presentatie van de gemelte Vergaderinge van tseventigh duysent Guldens na dat hare Ed. de resterende differerende dertigh duysent Guldens al ende geheel aen de uytspake van dese Vergaderinge gesubmitteert hadden aâ—n de voornoemde Pergens ende Goubart voor alle de gemelte hare pretensien ende aenkleven van dien egeene uytgesondert of gereserveert by desen toegeleyt hebben de Somme van tachtigh duysent Guldens mits voor den ontfangh van de gemelte Penningen stellende suffisante Cautie voor alle namaninge Alle 't welcke by de gemelte E. Pergens ende Goubart gehoort zijnde daer mede contentement genomen hebben alles ter goeder trouwen sonder argh of list zijn daer van gedaen maken twee al-eens-luydende Acten ende wederzijts tusschen gemelte Parthyen geteyckent binnen Middelburg in Zeelandt den 18. Septembris 1649. Was met verscheyden handen ouderteeckent Iacob Pergens I. C. Hayman 1649. David Goubard Iacob Roch. P. Boudaen Courten P. Carpentier Pieter van Santen Adriaen Besemer Ian Vaericksz Abbekerck Hercke Iansz Noortlant Na gedane Collatie is dese Copye jegens den principale van woorde tot woorde bevonden te accorderen sulcx betuyge ick â—eyserlijcken en by den Ed. Hove van Hollandt mitsgaders den Groot Achtbaren Magistraet der Stadt Amsterdam geadmiteerden openbaer Notaris binnen de selve Stadt residederende ende hebbe in oirkonde van dien mijnen Notariale Signature hier onder gestelt desen 27. Ianuary 1651. J. vande VEN Notaris Publ. It was a double iniquity and robbery in Pergens Boudaen and Goubard that knew William Courten became insolvent in the yeare 1643. and that he had no property left in him after the grants and Bills of Sale to Sr. Edward Littleton and Sr. Paul Pyndar Such Fraudes in France are punished with death and the persons absent are hanged in Effigies The very fraight that the Portugals by contract were to give for the Passengers and goods taken aboard the Ship Bona Esperanza for Maccao and for 90. Lasts of the Ships Lading back againe for Goa amounted unto much more Money then what Pergens and Goubard had by their pretended agreement gotten of the Company upon Caution SOLOMON says that opression makes the wise man mad Sr. Paul Pyndar that had served King Iames and the Turkey Company in the quallity of an Embassador for the space of Eleaven yeares and had advanced the greatst part of his Estate unto Sr. William Courten as aforesaid and the rest of all his Meanes unto the late King Charles towards the ordinary charge of the Crowne This Sr. Paul Pyndar upon the news that the East-India Company of the Netherlands had dealt so unkindly by him he retired himself to his Chamber and died of grief in the yeare 1650.
cum suis Fol. 136. DEn Procureur Abraham de Smit proponeert exceptie in scriptis Den Procureur Abraham de Smit ontkent dat den Eyscher is hebbende de qualiteyt soo hy sich ten Processe adscribeert proponeert mitsdien de exceptie van non qualiteyt concludeert tot admissie van de selve ende absolutie van de instantie cum expensis Den Procureur Rijmsdijck dagh 26. September 1674. Extract uyt de ordinaris Pleyt-rolle der Stadt Middelburgh in Zeelandt George Carew qualitate qua Eyscher contra d'Heer Iohan Boudaen Courten cum suis. BUrgemeesters en Schepenen alvorens te disponeren op de geproponeerde exceptie ordonneren den Eyscher te exhiberen en overleggen een Extract authentijcq uyt het Register van het Prerogatijf Hof tot Cantelberch daer by blijcke dat Willem Courten Soons-Soon van de Heer Ridder Willem Courten op deâ— 15. Juny 1664. voor het Hof is gecompareert ende vrywilligh erkent ende bekent heeft dat de Brieven van administratie van de Goederen Actien ende Crediten van den voorsz Ridder Willem Courten ongereddet naergelaten aen George Carew Eyscher in desen wettelijck ende met volkomen kennisse van de saecke zijn overgegeven en toegekomen ende dat daer op den Rechter van het voorsz Prerogative Hof de voorsz Brieven van Administratie heeft geratificeert en geconformeert ende dat de voorsz George Carew de macht ende authoriteyt daer by is gegeven om te eyschen afvorderen ende ontfangen alle en yegelijcke goederen van den voorsz Willem Courten mitsgaders om alle Processen over alle en yegelijck der selver goederen te mogen institueren ende om het selve gedaen naeder ten principalen te werden gedisponeert soo al 's men sal bevinden te behooren Actum den twintighsten February sesthien hondert vijf-en-tseventigh Absente Secretario Iohan Pieter vanden Brande Extract uyt de ordinare Vroug-rolle der Stadt Middelburgh in Zeelandt George Carew qualitate qua Eyscher contra d' Heeren Iohan ende Pieter Boudaen Courten cum suis. DEn Procureur Smitt versoeckt noch dagh van veerthien dagen Den Procureur Rijmsdijck dat het versoeck sal werden ontseght Commissarisen fiat veerthien dagen voor alle dilay Actum den 19. Juny 1675. Absente Secretario Iohan Pieter vanden Brande Extract uyt de ordinaris Vroug-rolle der Stadt Middelburgh in Zeelandt George Carew qualitate qua Eyscher contra d'Heeren Iohan ende Pieter Boudaen Courten cum suis F. 136. DEn Procureur Abraham de Smitt over d'Heeren Verweerders en Excipitien gesien hebbende de naeder bescheyden in voldoeninge van het appointement van desen Ed Achtbaren Gerechte in dato den 20. February laestleden by den Eyscher ge-exhibeert seght dat schoon genomen by de selve eenighsints mochte consteren dat de selve waren suffisant tot adstructie van de qualiteyt die den Eyscher sich al 's Executeur van de pretense ongeadministreerde goederen Wijlen Willem Courten den ouden bestaet te adscriberen dat echter den Eyscher uyt den hoofde van den selven Willem Courten den ouden geen judicium interderen kan alsoo Willem Courten de jonge desselfs gewesen Soon Erfgenaem en Executeur van den Boedel van den voorsz VVillem Courten den ouden is gebleven en den voorsz Boedel vele Jaren heeft beseten en geadministeert ende den selven Boedel van VVillem Courten den ouden additione haereditatis alsoo gevallen in den voorsz VVillem Courten de jonge sijnen Sone uyt wiens hoofde alleenigh souw konnen ende moeten werden geageert concludeert midtsdien onder benefitie van de voorsz middelen en andere in tijden en wijlen nader ist noodt ten Processe te deduceren tot absolutie van de instantie cum expensis Den Procureur Rijmsdijck debatteert de middelen by die exceptie geallegeert frivool en impertinent concludeert tot rejectie van de geproponeerde exceptie en dat de excipitien sullen werden geordonneert illico nader en ten principalen te moeten antwoorden cum expensis Den Procureur de Smit persisteert voor replijcque Rijmsdijck voor duplijcque Actum den 5. July 1675. Ende was geteyckent Iacobus Pâ—ckius Iunior If Advocates or Procureurs in England or France should pleade any thing maliciously or impertinently in a Process reflecting upon the persons of their Parties or their Nations which did not concerne the matter in Issue They would have their Ears cutt of their Empty heads or their Tongues cutt out of their black mouths when they come forth of the Court. Copye van Sententie van den Hoogen Rade in date 19. Mey 1657. Hester White alias de Weyer contra Pieter Boudaen Courten OP de differenten geresen voor den Hoogen Rade in Hollant tusschen Hester Wythe alias de Weyer al 's by de Bewaerders vande Vryheyt van Engelant by authoriteyt van 't Parliament aldaer al 's Administratrice gestelt zijnde over den Boedel ende naergelaten Goederen Actien ende Crediten van wijlen Jan de Moncy in sijn leven Koopman inde Parochie van Maria Hil tot Londen inde selve qualiteyt ende voor soo veel des noots Gemaghtichde van Johan Wythe impetrante van mandament in cas van reformatie ende Verweerderesse ter eenre Ende Pieter Boudaen Courten woonende tot Middelburgh in Zeelant Gederghde in 't voorsz cas ende Requirant van twee Requesten Civile beyde by voorgaende appointementen van desen Rade geinterineert ter andere zijden 't Hof gehoort 't Raport van Commissarisen daer vooren Parthyen gecompareet zijn geweest gesien Proces verbael Stucken ende Munimenten onder hen geexhibeert ende op alles rijpclijck geleth doende recht uyt den naem ende van wegen de Hooge Overigheyt ende Graeffelijckheyt van Hollant Zeelant ende Vrieslant mits by den Gedaeghde binnen den tijt van ses Weecken voor een Commissaris van desen Rade catagorice verklaert werdende dat hy bereyts is in qualiteyt al 's uytten Hoofde van sijne Moeder Erfgenamen van wijlen Jan de Moncy sijnen Sâ—ief-vader te rechte te staen aen allen den genen die tot laste vanden Sâ—erf-huyse ofte Boedel vanden selven Jan de Moncy al 's Crediteuren Legatarisen ofte anders yets soude mogen hebben t'eysschen ofte te pretenderen behoudens hem Gedaeghde soodanige exceptien ende befensien al 's hem daer jegens soude mogen competeren welverstaende hy den selven Eysscher ofte pretendenten niet en sal vermogen af te wijsen onder pretext van de Wetten ende Coustuymen van Engelant ofte anders op eenige Executeurs ofte Administrateurs die over de naergelaten Boedel vande voornoemde Jan de Moncy soude moghen zijn gestelt ofte op der selver Erfgenamen ende dat hy oock bereyt is aende voorschreven Pretendenten ende Eyschers te voldoen 't gene henlieden ter saecke voorschreven soude mogen werden geadjudiceert Verklaert in sulcken gevalle d'Impetrante by 't Vonnisse in questie te wesen
niet bezwaert ende in cas van weygeringhe ofte gebreecke vanden Gedaeghde de voorschreve verklaringe in voeghen als-boven te doen ende te presteren do et te niete het Vonnisse in questie ende doende in dien gevalle wijders Recht Condemneert den Gedaeghde ter Griffie der Stadt Middelburgh te consigneren de Boecken Reeckeningen ende Bescheyden onder hem Gedaeghde berustende aengaende de Compagnie die geweest is tusschen de voornoemde Jan de Moncy ende Pieter Courten mitsgaders Willem Courten omme daer van by de Impetranten ende die van haren Rade inspectie genomen ende cen Râ—ecke geformeert te werden in sulcken gevalle onvermindert ende ongeprejudicieert blijvende soodanigh Recht al 's de Gedaghde ofte yemant aâ—ders soude moghen hebben uyt krachte van alsulcke Testamentaire dispositie al 's by de voorsz Jan de Moncy Weâ—â—eliijck souden moghn wesen gemaeckt alsmede het Recht vanden genen dewelcke ter contrarie soude willen sustineren den selven Jan de Moncy ab intestato ende sonder Weâ—â—ige Testamentaire dispositie Ovrrleden te zijn Ende compenseert de kosten vanden Processe om redenen Gepronuncieert den XIX den Mey XVI C. seven-en-vijftigh In Kennisse van My J. COENEN DEn President ende Rade vanden Hoogen-Rade over Hollandt Zeelandt ende West-Vrieslandt Allen den genen die desen sullen sien ofte hooren lesen Saluyt Doen te weten dat de voorenstaende Sententie by den voorschreven Hoogen-Rade tusschen de Parthyen inde selve genomineert op den xix Mey 1657. is gewesen Des ten oirconde hebben Wy desen mettet Cachet vanden Op-gemelten Hoogen-Rade bekrachtight ende onsen voorsz Griffier geodonneert desen te Onderteyckenen op den xxvj Augustij in 't Jaer ons Heeren duysent ses-hondert tseventigh J. COENEN A Copy of a Letter writ by Mr. George Carew in LONDON the 15 th of September 1670. unto Mr. Markâ— Fletcher Merchant of Middelburgh Sir I Received yours of the 29. of August last wherein I understand that my Procuration and Papers are come to your hands Vnder your good favor I did not send for your advice nor for the opinions of any of your Advocates in Middelburgh I am better able to informe my self in those poynts of Law then either you or your Advocates can resolve me Sir I desired you upon the recommendation of your good Friends Alderman Backwell and others to make a demand of 3000. pound Sterling assigned upon the Ship Bona Esperanza and 2500. upon the Ship Henry Bona Adventura with Interest for the same at 5. £ per Cent since the yeare 1649. in persuance of those Assignations made unto Sr. Paul Pyndar by Sr. Edward Littleton and Mr. Courten in the yeare 1642. Which money is come to the hands of Jacob Pergens of Amsterdam who is responsible to me for the same by his own Acts and if he should deny payment then to commence a Suite against him for the Debt c. What you discourse concerning the Treaty relates to matter of State and not of Law or unto any mans particular rights in civill Causes No Prince in the World can hinder his Subjects from the ordinary course of Iustice. In the extraordinary way I shall take other measures before other Courts as time shall serve As to the Accounts unliquidated concerning Sr. William Courtens Trade in Company with Sr. Peter Courten and Mr. Moncy It is the Interest of the Boudaens to produce Sr. Peters Bookes of the Generall Trade to discharge what they may for I can give them a sufficient charge to the value of 122000. pound that Sr. Peter Courten stands indebted by the Accompt The plaine truth is the greatest part of the Stock in that Trade was with Momes taken up at Interest in England and remitted from time to time unto Sr. Peter Courten for which the Company had Credit And there cannot be any repartition of the Stock untill the Debts of the Company are payd which are yet standing out to vast Summes Neither can Sr. Peter Courtens Heires take the benefit of other mens Capitalls without accounting for the same It seems very strange to a Corporation of Creditors in England that the Boudaens should have their great Houses Castles and Estates when the Courtens are Banckrupts leaving the Debts of the Company unpaid What ill consequences they brought upon others by their fraudulent practices about the Ships are obvious unto all wise men And I feare these Accounts will prove fatall to the Boudaens and their Family in the event if they be brought into the House of Commons where there are many Creditors of Courten and Company who will not acquiesse to see so many thousand Pounds Sterling fraudulently drawne out of England by such People to make up their fortunes to kick against the Kingdome What concernes Mr. Boeve and Mr. White I leave to their owne care and conduct but what concernes the Generall Creditors of Courten and Company and the particular Creditors of Sr. William Courten and his Son I have double obligations upon me to use my utmost dilligence therein as Administrator for the one part and assignee of the Commissioners against Banckrupts for the other and I shall be true to my owne resolution in both quallities to drive on the business as far as it will go Sir I perceive you apprehend it may be prejudiciall unto your owne affaires or inconvenient to appeare against the Boudaens in so just a Cause that are of so base and dirty dispositions But though I find so many arguments from you to disswade me from prosecuting them Iustice must be done although they perish Melior unus quâm unitas The Cause concerning the Accounts is aggrevated with so many circumstances of shifts and delays for 25. yeares together that cannot be parralleld in the World There wants now only a good Advocaet and Procureur to proceed in the Process Mr. Boevé begun for me in the yeare 1662. which must be revived against the Sons and Daughters of Peter Boudaen as Heires of Sr. Peter Courten Pray let me know your good inclinations therein You will not only oblige the Alderman and many of his Friends with divers Members in Parliament but you will merit the Prayers of many Orphans and Widdows whose bread have been eaten so long by strangers of another Land What Books and abstracts of Accounts are needfull shall be sent when occasion requires Pray consider of it and let me heare from you by the next opportunity wherein you will infinitely oblige him that is Sir Your most affectionate Friend and humble Servant GEORGE CAREW Copye van een Brief te LONDEN geschreven door George Carew den 15. September 1670. aen Marke Fletcher Coopman tot MIDDELBURGH Getranslateert uyt het Engelsch in 't Nederduytsch U E. MIssive van den 29. Augusty lest-leden is my wel geworden waer â—yt verstaen al 's dat mijn Procuratie en Papieren U E. wel ter hand gekomen zijn U E. gelieve te weten hoe dat ick niet en hebbe