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A65983 Severall remarkable passages concerning the Hollanders since the death of Queene Elizabeth, untill the 25th of December, 1673 Some animadversions thereupon, in answere to a scandulous pamphlett called Englands appeale to the Parliament, from the private caball at white hall. With the continuation of the case between Sr. VVilliam Courten his heires and assignes and the East-India Company of the Netherlands, faithfully recollected by E.W. armig: and rendred into English, French, and Dutch, for satisfaction of his particular friends, in England, France, and the low countriers. E. W. 1673 (1673) Wing W21; ESTC R219253 71,264 105

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was no such words Mortification or extinguishment used or others to barr any mans right of action for any things done or committed before the warre In the xv Article concluded at Whitehal between the King of Great Brittain and the States Generall on the 4 of September 1662. John de Witt and his Faction insisted and indeavored to have all the Dammages Spoyles and depredations in th' East Indies mortified and extinguished to that day Argueing that the Treaty with Oliver Cromwel And the Creaty betweene Sir George downing and the East India Company at the Hague in the Year 1659. where by they paid the further summe of 50●00 pounds sterling for the Shipps the Pellican the Fiedrick Francis Ionn taken from English Marchants since Oliuers Treaty should excuse them for the Dammages they had done to Courten and his Partners Anno 1643. yet nevertheless a particular exception and proviso was made in the said 15. Article that satisfaction should be given for the ships Bona Esperanza and Henry Bona Adventura according to his majesties speciall recommendation as aforesaid being a distince matter from all other spoyles and depredations committed by the East India Company of the Netherlands In persuance wherof the two following Yeares being spent in fresh applications and addresses to the States Generall the States of Holland the Directors of the East India Company and to severall Participants without effect All Circumstances then considered there was one stepp further made in this speciall case more then was in the Amboyna busines to intayle the clayme by Letters Patents for a perpetuall Reprisall untill satisfaction and reparation should be recovered for the debt and damages sustained which if it had not been granted his Majesty had lessened his owne honor and greatness as well as his power and prerogative for the protection of his Subjects in their Just rights as also in assisting them in recoveris of the same FRom whence this Conclusion naturally follows the premises that there is no Appeale Manifesto Treaty Guifte or reward whatsoever or any other way or meanes under Heaven to mortifie extinguish and discharge the debt and damages concerning the Bona Espranza and Henry Bona Adventura but by satisfaction and reparation given to the persons interessed and injured whereby a sufficient discharge may be had The Case betweene George Carew Esquire Administrator of Sir William Courten And The Heirs of Sir Jacob Cats late Pensionaris of Holland SIR Jacob Cats became bound in the Citty of London unto Sir William Courten of London Knight by a writing obligatory dated the 29. of July 1631. in the penalty of 3000. Pounds conditioned for the payment of 2080. Pounds on the 12. of February following according to the Custome of England The money was not payd but continued at interest during Sir William Courten's life who dyed in the year 1636. indebted to severall Persons for diverse great summs of money and leaves William Courten Esquire his Son and Heir his sole Executor William Courten the Executor having contracted many debts of his own became insolvent and absented himself in the year 1643. from his Creditors and also from the further administration of his Fathers Estate but before he left the Kingdom Mr. Jacob Pergens a free Denizon of England inhabiting at Amsterdam addressed himself to Mr. Courten for satisfaction of some money due to him from Sir William Courten and Mr. Courten himself as Pergens pretended William Courten the Executor by a Letter of Attorney and Assignment dated the 31. of October 1643. grants and transfers the sayd Bond of 3000. Pounds unto Mr Pergens with power to sue Sir Jacob Cats for the sayd debt and dammages to his own use In the year 1645. Iacob Pergens summons Sir Iacob Cats then Pensionaris of Holland into the Provinciall Court at the Hague and declares against him for the sayd money During the sayd controversie Sir Iacob Cats applyes himself to the Commissioners concerning Banckrupts in England who had a Commission grounded upon the Statutes in such cases made and provided to inquire after Mr. Courtins particular Estate for satisfaction of his own debts but being advised that the Commissioners had no legall Authority to intermedle with Sir William Courtins Estate which was lyable in another right for the payment of his own proper debts Sir Iacob Cats d●●ined from any further Treaty with them Nevertheless the Commissioners by their writing Authentick prohibited Sir Iacob Cats to pay any money to Iacob Pergens upon the said Bond. Then Pergens soon after obtained an Order out of the Provinciall Court to cite and admonish the Commissioners in England if they had any right or pretence to the said Bond or money due thereupon they should institute the same before the said Provinciall Court at a day certain or be condemned in perpetuall silence whereupon the Commissioners appeared by their Advocate and Procureur Then Pergens by an insinuation prohibited Sir Iacob Cats from payment of any money to them or to any other or to make any agreement with them Yet notwithstanding ●de bene esse on the 18. of July 1653. Iacob Pergens procured an Assignment of the said Bond from the said Commissioners for 400. Pounds to the end they might let their Process cease whereby Pergens might proceed against Sir Iacob Cats which he did accordingly But pendente William Courten the Executor dyed intestate in Italy whereby the action abated against Sir Iacob Cats according to the known rule in Law Quod a●to personalis moritur cum persona Afterwards upon the Kings most happy restauration Letters of Administration of the Goods and Chattels Rights Debts and Credits of Sir William Courten with his Will annexed were granted on the 14. of July 1660. to the said George Carew yet notwithstanding Iacob Pergens who had formerly by another fraudulent praclise gotten into his hands 85000. gilders from the East-India Company upon another pretended a 〈◊〉 from the said William Courten prevayled with the Provinciall Court on the 4. of November 1661. to give Sentence in the said cause against Sir Iacob Cats and condemned him to pay the said money due upon the said Bond unto Iacob Pergens and interest thereof at 8. per cent Soon after Sir Iacob Cats dyed and his Heirs appealed from the said Sentence to the supream Court af Judicature at the Hague Then George Carew in his quality as Administrator intervened in the said cause before the Lords of the said supream Court in the month of May 1662. where having by his Request in writing exhibited in Court made known his right and property to the said money and concluded in his Demand that Pergens should be condemned to acquiess in the cause and deliver up the Bond as having no right to the Money by the said Assignments from Mr. Courten or the Commissioners conformable to the Laws of England where the debt was contracted and the Bond made and also demanded that the Heirs of Sir Iacob Cats should be ordered to pay the Money due