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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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upon the said Bond to the said George Carew in his quality as Administrator of Sir William Courten the same being an unadministred effect of Sir William Courten's Estate Then the Advocates of both sides desired time to consult concerning the Laws of England in that point and to inform the Court therein accordingly The Case being drawn up and agreed by the Advocats of both parties severall of the Judges in England gave their opinions upon the same under their hands before Major Wright and Mr. Dani●ll publique Notaries which was transmitted to the supream Court of Judicature of Holland Wherein was assirmed that by the L●nv of England the Bond of Sir Jacob Cats could not be granted or assigned to Mr. Pergens either by the Executor or Commissioners That after the death of William Courten Executor in Aut●r dr●tt the action against Sir Jacob Cats abated but when the Administration was granted to Carew the said action was properly to be revived by him as having the only right in Law to the said debt the property being not changed by any Act of Mr. Courten or the Commissioners but remained as assets liable to the Testators debts according to the nature and priority in Law and the intervention of Carew in the said cause was a continuance of the said action Carew having the right of prosecution to revive the same allowing the said Pergens in equity his costs of suit Then Pergens made a d●latory impertinent exception that he was a Burger of Amsterstam although his dwelling-house was in the Hague and pretended he ought to be first impleaded before his Competent Judges at Amsterdam and not in the Hague before the supream Court of Judicature where the suit depended whereupon the Court rejected Mr. Carew● suit and decreed that the Heer van Car●●ss● and the rest of the Heirs of Sir Iacob Cats should pay the said Money to Pergens with mitigation of the Interest and that Pergens should give them Caution to be saved harmless against Mr. Carew which was respectively done to the apparent wrong of Mr. Carew and severall of His Majesties good Subjects in England that claim under Mr. Carews administration diverse proportionable dividends of Sir William Courten's Estate unadministred Wherefore they appeal to the King of great Prittam for protection and means to recover their just rights being of most dangerous consequence against the Law of property to suffer Forreign Courts of Judicature to ●tr●nch upon the Laws of England or to wrong the Judicature thereof And the rather for that the Lords of the supream Court at the Hague were preadmonished by severall learned Advocates there as follows 1. That Mr. Carew being a Stranger was to be admitted at his ●…st ●●st●●ce by the instructions of their owne Court 2. That the Lords of the Court were p●s●●●vely obliged to give ●udgement according to the Law of England where the M●… was lent and the Bond given 3. That by the Laws of Nations all Courts of Justice were to give Sentences in Cases of Contracls according to the Law of the Country where sich Contracts were made 4. That the supream Court was the proper place of Judicature in this Case of Intervention and that if they did not admit Mr. Carew prima instantia they would do him most apparent ●justice and ●…rong both the Judicature of England and of the United Netherlands Yet the Pensionaris John de Witt bing a Kn●s●●n to Mr. Pergens and his wife prevailed with some of the Lords of the supream Court to d●●y Mr. Carew that ordinary Justice which ought to be administred to all Strangers whereby he hath suffered to his dammage 5000. Pounds Sterling and upwards The Case between the Executors and Administratois of Sir William Courten late of London Knight deceased AND The Heirs and Executors of Sir Peter Courten late of Midleburgh in Zealand Knight deceased IN the Year 1606. Sir William Courten Sir Peter Courten and Mr. John Money of Londen Marchans who m●…d Margaret Courten the ●●d●●●● of Mathias Boudaen entred into a ●●ad● of Partnershi●p and dealt to severall parts in Europe Africa and America with a a●… stc●k whereof the ●…s part b●…nged unto Sir William Courten and a fourth part unto cach of the other two In the Year 1630. Sir Peter Courten who kept the generall Books of Trade dyed at Midleburgh afer●… having made Mr. Peter Boudaen his Nephew late of Midleburgh Marchant his H●tr and Fxi●●tor who tcok 〈…〉 of 〈…〉 the said ●…ke and of all Sir Peter Courten F●●ate with the Shipping Goods and D●…ts b●…nging to the Company amounting unto a hundred thousand pound sterling and upwards In the Year 1631. Mr. John Money at the Request of Sir William Courten went from London to M●…burgh to s●tle the accompts of Trade with the said Peter Boudaen w●…h had not been made even since the year 1622. but ●…e Mr. Money had p●…ed the accompts be ●…d on the 17. of October 1631. at the said Peter Boudaen● ●●●se where ●● made a ●…l as it 's pretended and thereof ●pp●mted Sir William Courten and Peter Boudaen Executors Nevertchless the 〈…〉 of the said 〈…〉 upon suspition of fra●… and forgery being afterward 〈…〉 in England where it was 〈…〉 in 〈…〉 s●●m●● Letters of 〈…〉 of Mr. Jehn Money 's E●… were granted by the 〈…〉 Court vnto Hester White alias de Wyer Kt●…man and next H●●r at Law to Mr. Money The Pror●gative Court for diverse reasons adjudg●rg that Mr. Money died intestate and left a considerable Estate behind him In the Year 1636. Sir William Courten 〈…〉 the ac●…ts of Partnership were s●…d or the Monus ●●● to ●●n from the said Peter Boudaen w●●● 〈◊〉 and 〈◊〉 William Courten his Son and H●ir his 〈◊〉 Ex●cut●● 〈…〉 D●●t● to many Orphants an● 〈◊〉 d●w 〈…〉 S●● William Courten upon 〈…〉 Trade to the Ea●●-In●●● And upon his d●at●-b●● 〈◊〉 Mr. Jacob P●rg●n● ● the presence o● Sir William Cur●●u● to 〈◊〉 Mr. Boudaen to 〈◊〉 the said a●●●mpts of the Company 〈◊〉 much of Sir William Courtens 〈◊〉 con●●●l●d In the Year 1643. William Courten the Executor by reason of s●vera●●●● 〈…〉 in the E●●●-In●●● ●●ing charg●● with great d●●●s at Inter●●● b●cam● 〈◊〉 and 〈◊〉 him●●●f from the administration of ●●s 〈…〉 and 〈…〉 into Italy wh●●●●● d●●d int●state l●aving 〈…〉 and the accompts of the Partnership uns●●●●d In the ●ear 1646. the Lady Katharine Courten directed Mr. John Moon to send all ●●●h Books and Papers as r●ma●●●d in her Husbands 〈◊〉 unto Mr. David Goubard at M●l●●burgh who had been formerly ● Servant and accomptant for Sir William Courten to compare them with the oth●r Books that ac●ompts might b● stated accordingly But Mr. Boudaen f●●●seeing it would d●minish his credit ref●●●d to make any ballance of the said accom●●● taking a●vantage of the iniquity of th● 〈◊〉 and Mr. Courtens 〈◊〉 and a●terwards by 〈◊〉 means got into his hands severall of the Books and Papers bel●nging to Sir William Courten and r●f●sed to d●●iver ●●●m again In