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land_n	heir_n	life_n	tenant_n	2,811	5	9.7331	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34133	A vindication of the severall actions at law, brought against the heires of Sr. Peter Courten, Knight, and Peter Boudaen, merchants deceased by George Carew, Esqr., James 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., Zalr. 1675, privately given out to the magistrates in Zeeland.	Carew, George, Esq.	1675 (1675)	Wing C556; ESTC R22961	48,501	84

Then William Toomes his Executor made some further inspection into the said Cause and found upon Examinations that the Officers of the East-India Company had not only surprised the Bona Esperanza and spoyled the Voyage in her passage by Malacca but had also taken away the Charterparties Bills of Lading Books of Account Journals and all other writings whatsoeve● in the Ship and sent them to Batavia with the Ships and goods which were there kept without any proceedings at Law or colour of right At the very apprehension of this spoyle and loss sustained by William Toomes in such an age that he could not expect any Justice where frauds and oppression were added unto force and violence he therefore laid violent hands upon himself and died It is very remarkable that Sr. William Courtens Son and Heire died a fugetive in Italy and insolvent his Lady the Earle of Bridgwaters Daughter died miserable his Daughter Katharine Courten maried a Millers Son that was her owne Foot-boy and William Courten the Grand-child lives in Exile while a Comission upon the Statutes concerning Banckrupts remaines in force against his Fathers Estate Yet the Sons and Heires of Peter Boudaen and their Advocates say that William Courten the Grand-child ought to administer the Estate as Heire at Law additione Hereditatis both of the Father and Grand-father after he hath renounced the same and cannot appropriate any thing unto himself the Father and Grandfather being indebted more then ten times the value of their goods Although Dionisius Rextoot is a School-masters Son he hath as little manners as wit and less Law then both otherwise such rude Expressions had not come out of his black mouth in pleadings when he wanted matter of defence in his Cases to fall upon the persons of his Adversaries with railing and base language as hereafter is mencioned but it is convenient first to shew his ignorance in the Laws of England and Secondly that the force and strength of reason and argument is against him here if the cause were to be judged by the Laws of this Country By the Statutes made concerning Banckrupts in the 13. yeare of Queene Elizabeth and the 19. of King James the Commissioners or the major part of them have power to grant bargaine and sell the goods debts Lands Tenements and Hereditaments of Banckrupts and to bar the issue in taile of all such Estates in reversion or remainder that the said Banckrupts were any wayes possessed of or seized at the time when they become Banckrupts Whereupon a question did arise betweene the Commissiners and William Courten the Grandchild concerning Lands that was setled upon his Mother at her mariage as a Ioynture and after her death upon the Heirs male of William Courten by her for ever in consideration of the Mariage portion that shee brought being a Person of Honor and the Daughter of an Earle The Case was in short thus WIlliam Courten Tenant in Taile bargaines and sells his Mannors and Lands of Pirton Annton and Evesham in the County of Worcester Anno 1642. unto Sr. Edward Littleton and his Heires for payment of debts and in the yeare 1643. becomes Banckrupt the Question was whether the Estate Taile which passed not by the bargaine and sale should not be preserved by the Law for the Heires of William Courten the Banckrupt or not It was resolved by all the Iudges that during the life of William Courten the father Sr. Edward Littleton had a good Estate in the Lands but was determinable upon the death of Courten And that after his death the Commissioners grant would opperate upon the Lands for the benefit of the Creditors and bar the Heires in taile but the Wife should have had and injoyed the Lands only during her life if she had survived her Husband in recompence of her Dower If there were any separation of goods admitted in England as there is in these Netherlands between man and wife frauds would abound there as they doe in Holland and Zeeland where upon Contracts of Mariages men that are indebted and have gotten other mens Estates into their hands they doe usually secure their goods and monies to their Wives and Children to the prejudice of other men which is a most ungodly practise and distructive to credit and Commerce The Statutes are very severe in England to prevent all such kind of fraudulent practices And I doe presume Banckrupts in the United Netherlands that have forfited their Estates to Creditors can have no Heires at Law to enjoy their goods And that the Courts of Iudicature in the Netherlands cannot set up an Heire of William Courten as they did an Executor of John Moncy It is a most horrid abuse for Advocates here to controvert the Laws of England and to make their owne constructions of such things that they doe not understand Contracts in England by Subjects of the Crowne of England touching their owne Interest are not to be interpreted by the people of another Nation Although Pergens and Boudaen with their Confederates have indeavoured to defraud the Kings Subjects of their goods yet they cannot defend themselves from the reach of the Kings Laws and Statutes of his Kingdoms It is not very materiall whether the Sons and Heires of Peter Boudten doe account with George Carew as Administrator appointed by the Prerogative Court of England or as he is impowred by the Commissioners upon the Statutes aforesaid They must make a discovery by one meanes or another what is become of the 122139 £ sterling that Sr. Peter Courten is charged with by the Bookes of Sr. William Courten and the account thereof taken out of the Books that were kept by Mr. John Moncy wherein it is most evident that Sr. Peter Courten died much indebted to the Stock in Partnership which came into the hands of Peter Boudaen deceased Now follows the Vindication of George Carew in his Quality and Caracter and the severall proceedings upon his Administratons and Assignments on the Estates of Sr. Edward Littleton Sr. William Courten and Sr. Paul Pyndar Altho●gh it be not very materiall to the Cause to say any thing in the vindication of my self and Family or to answer those false allegations that Rextoot and Schotte used in their pleadings by instructions of the Boudaens viz. That my Obligations were false and informations upon them That I had no just pretence against Sr. William Courten or Company That all the Actions brought against the Boudaens were vexations That I had no quallity as Administrator of Sr. Will. Courten That I was an Enemy to the States Generall and particularly to Zeeland That I was a Person of noe consideration or Family of worth And finally that the Oaths of English Men and Scotch Men could be gotten for four stivers a peice All which being more of malice then matter nevertheless I shall truly demonstrate my condition and quallity as follow viz. THat I am lineally de●ended from the Carews of Anthony a Family from whence severall branches have

frivool te reje●teren ende de Gedaeghdens te condem●eren omme alle de voorsz Boecken Reeckeningen ende andere Bescheyden rakende de voorsz Compagnie wae●inne hy soo merekelijck in sijn Qualiteyt is ge●n●ereffeert alhier ter Greffie ofte op een neutrale plaets te consigneren ende des te meer nademael den Supplant twee ervaren Boeck-houders expresselijck alhier heeft doen komen omme de selve te inspecteren ende een Reeckeninge daer uyt te formeren Ende alsoo verscheyde onderdanen van Sijne Majesteyt van Groot Brittannien merckelijck hier in Ge-intresseert zijn ende particulierlijck de Crediteuren van Sr Paul Pindar die aen Sr. Willem Courten Ridder korts voor sijn overlijden verstreckt hadde dartigh duysent Ponden Sterlinx Capitael omme sijn Equipagie op Oost-Indien voort te setten doch dese dillayen beswaert met noch andere onwaerdigheden de Judicature van Engelandt aengedaen gelijck sy berecht zijn door Rechts-geleerden in de saecke van Hester White die Wettelijck gestelt is tot Adminstratice over den Boedel by Jan Moncy naergelaten Dieshalven versoockt den Suppliant seer ootmoedelijck dat U E. Achtbaerheden gelieve op 't gunt voorsz Expiditie ende Recht te willen administreren naer merite van de Saecke tot satisfactie van alle ge-interesseerde Persoonen 't welck doende c. Actum binnen Middelburgh den 8. February 1675. Door my GEORGE CAREW The Earle of Arlingtons Certificate THese are to certifie that George Carew Esqr. is sworne and admitted His Majesties Servant in the Place and Qualitie of one of the Gentlemen of His Majesties most honourable Privy Chamber to enjoy all Rights Priviledges advantages and Preheminences thereunto belonging Given under my hand and Seale this 25 th day of February 1974 5. in the 27 th yeare of his Majesties Reigne ARLINGTON Translaet DEsen dient om te certificeren dat George Carew Schilt-knaep is beëdight ende geadmitteert tot sijn Majesteyts dienaer in de plaets en qualiteyt van een vande Edel-luyden van sijn Majesteyts alder eerwaerdighste Secreete Kamer omme te genieten alle Rechten Privilegien Voordeelen en Uytnementheden daer toe dienende en behoorende Gegeven onder mijn Handt en Zegel desen 25. dagh van February 1674 5. in het 27 ste jaer van Sijn Majesteyts Regeringe Was geteyckent ARLINGTON In margine stont een Signet gedruckt in Rooden Lack. Getranslateert uyt het Engelsch inde Nederduytsche Taal en bevonden mette Originele in Substantie te accorderen Binnen VERE den 27. Iuny 1675. Per me Arnold Rijcxs Not. Pub. A Certificate concerning M r. Carews Estate From his Steward and Servant THese are to testifie unto all People unto whom this writing shall come that George Carew of Richmond in the County of Surry in the Kingdome of England Esqr. at present residing in Middelburgh in Zeeland upon severall Suits and Process at Law there depending hath severall Lands Houses Tenements and Hereditaments in the County of Suffolke Essex London Dorsetshire and Surry whereof he is seized and possessed to the value of 530. pound per Annum besides the improvments that may be made thereuppon In witness whereof we have hereunto set our hands at London this 26 th of March 1675. in the 27 th yeare of our Soveraigne Lord King CHARLES the Second Iohn Exall Aaron Wright A Certificate from the Reader and Benchers of Grays Inn. THese are to certifie unto all Persons whom it may any ways concerne that George Carew of Richmond in the County of Surry Esquire oue of the Gentlemen of his Majesties most Honourable Privy Chamber was admitted into this Society of Grayes Inn on the 23. of June 1653. in testimony whereof we have hereunto set our hands this 26. of February 1674 5. and in the 27 th yeare of King CHARLES the Second Thomas Holt Lect●r Robert Raworth Iohn Otway Fr. Luttrell IT is expedient to give a more particular Narrative of my Proceedings with Sr. Edwad Littleton and the Commissioners upon the Statutes against Mr. Courten from the yeare 1650. unto the yeare 1660. And after the Kings Restauraton to give an account of my Administration to this day since Mr. Rextoot as he says was instructed to declare that I had noe pretence against the Estate of Courten or the Executors of Peter Boudaen but upon false actions In the yeare 1651. Sr. Edward Littleton being retired and resolved to end his days silently amongst the Mountaines in Wales I found him out at Phinant in Montgomeryshire by the directions of Dr. Littleton his Brother And after some time spent with him where he was lamenting his Misfortune how he became ingaged with his Brother in Law William Courten for 60000 Pound Sterling and upwards Principall Debts And that he was sequestred by the Parliament for serving the King That his owne unsetled Estate was ordained to be sold by a Committee at Worcester House for want of Friends to Compound or to redeeme it Sr. Edward Littleton then offered to assigne over unto me all his right and intrest in the Lands Ships and Stock in India that William Courten had granted him for his indempnity provided I would covenant to pay proportionably with my owne debt such other particular Friends of his that had continued their Monies at Intrest in the Family of Courten or lent other Monies upon Sr. Edward Littletons Credit and Obligations which amounted unto 30000. Pound or thereabouts which I promised to doe after I should be well informed of the value of the Ships and Lands and the incumbrances thereupon In the yeare 1652. I spent three moneths time amongst the Tenants and others in the Counties of Worcester and Gloucester where the Lands and Tenements were situate and found upon inquiry that every Acre was preingaged and mortgaged before that Mr. Courten had granted them unto Sr. Edward Littleton and by computation also found that most of the Persons unto whom the Lands were mortgaged exceping the Joynture-Land demanded more Principall Money Interest and Damages than the Lands were really worth And that the Ships and Stock in India was ingaged to Sr. Paul Pyndar as a further security for payment of 24800. £ part of the Money lent unto Sr. William Courten in the yeare 1635. when he first entred upon the East-India Trade In the yeare 1653. at the request of Sr. Edward Littleton I made another Journey into Wales where I made a Contract and Agreement with Sr. Edward Littleton concerning the said Lands Ships and Stock that they should be granted unto me or such Persons as I should appoynt towards satisfaction of the debts unto my self and the Persons following provisionally that such grants should not prejudice me nor the other Creditors in our further right against any other Person or Persons whatsoever that were any wayes obliged or lyable to satisfie the said Debts or any part thereof excepting only the Heyres of Sr. Edward Littleton Whereupon severall grants and coveyances of Sr. Edward Littletons Right and Equity of Redemption were made on

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 Cromelin●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 Su●●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 Cour●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

Mr. P●rpoint to satisfie some persons that were very importunate for their Monies Soone after the said William Courten was necessitated to morgage all his other Lands and Lordships unto Mr. Daniell Harvy Mr. Iohn Rushout and Mr. Thomas Coppin which went but a litle way towards satisfaction of the great debts and Interest Money growne due thereupon the rents and profits of the Lands being consumed by the Armies of the King and Parliament After all this was done the said William Courten further to preserve his Fathers reputation prevailed with Sr. Edward Littleton his Brother in Law and the Earle of Bridgwater with David Goubard to become bound unto divers Creditors that renewed their Bonds and also unto several other persons that lent Monies towards payment of old debts Thus William Courten the Son and Heire of Sr. William Courten continued in paying some Creditors with borrowing of others untill the yeare 1642. then he granted and assigned all his Ships and Stock in the East-Indies and the reversions of his Morgaged Lands in England by severall Deeds and Conveyances unto Sr. Edward Littleton dated the 26. of April 1642 to save him harmless and indempnified from the said debts wherein he stood obliged William Courten and Sr. Edward Littleton then for further security unto Sr. Paul Pyndar for the remainder of his debt which was at that time the Summe of 24800. Pound Sterling did by their Deed and Assignment bearing date the 19. of September 1642. grant and assigne severall Sums of Money upon the said Ships and their Fraights in the East-Indies for satisfaction of the said debt and damages to Sr. Paul Pyndar his Executors or Administrators as by the said severall Deeds inrolled in Chancery and the Admiralty of England appeares In the yeare 1646. the Lady Katharine Courten the Sons Wife by whom she had two children a Son and a Daughter named William and Kathartne both yet living having conveyed away the Books of Accounts of the Trade in Partnership that were kept in England she caused Authentick Coppies to be made thereof and sent the Originall Books unto Peter Boudaen of Middelburgh to the end and purpose that the Accounts might be stated and setled that some portion of Monies might be preserved if possible for her Children after the Companies debts were paid out of the reach of the Commissioners that executed the Statutes made against Banckrupts as by the Attestations of Iohn Moone Iames Boevé and severall others appeares John Moones Deposition before the Commissioners upon the Statutes against Banckrupts on the 25. of Febr. 1656. COPIA Extracted out of the Register of Commissioners of Banckrupt IOhn Moone of London Merchant sworne and re-examined the 25. day of February 1656. upon his Oath saith That in or about the Yeares 1646 or 1647. this Deponent was desired by the Lady Katherine Courten Wife of William Courten the partie against whom the Commission is awarded to draw out an Account out of the Books of Sr. William Courten concerning the Charge and Disbursments of the said Sr. William in setting out Ships Men and Provisions for the Discoverie and planting of the Island of Barbados And accordingly this Deponent did draw out an Accompt of his said Disbursments which did amount unto the Summe of twelve or thirteene thousand pounds or thereabouts which said Accompt this Deponent delivered unto the said Lady Iohn Moone And the said Iohn Moone also deposeth that heretofore about 1646. he this Deponent by the appointment and direction of the said William Courten and his wife did send to Middelborrow unto one Peter Boudaen Courten severall Books of Accompts as Journalls Ledgers and Cash-bookes but what is now become of the said Bookes this Deponent knoweth not Iohn Moone Concordat Original verbatim Copia vera Quod attesttor rogatus requisitus I. DANIELL Notaris Publ. ATTESTATIEN Van M r. Iames Boeve rakende de Boecken die gehouden wierden by Sir William Courten Koopman tot Londen Den 16. Iuly 1675. OP huyden den 16. Iuly 1675. compareerde voor my Abraham Huyssens openbaer Notaris by den Hove van Hollandt geadmitteert binnen Vlissinge residerende ende den Getuygen naergenoemt Sr. Jaques Boevé Koopman van Engelandt in Londen gewoont hebbende binnen Middelburgh my Notaris seer wel bekent de welcke op sijn Manne waerheyt in plaets van Eede ten versoecke van d' Heer George Carew Schilt-knaep by den Prerogativen Hove van Engelandt gestelt tot Administrateur van alle de ongeadministreer de Goederen ende Effecten van wijlen Willem Courten Ridder in sijn leven woonachtigh tot Londen ende verklaer de waerachtigh te zijn dat hy Deponent in den Iare 1628. is komen woonen al 's Comptoirknecht by Jan de Moncy Koopman tot Londen voorsz in Huywelijck hebbende Iuffrouw Margrieta Courten de welcke in Compagnie handelde met de voornoemde Heer Willem Courten ende Pieter Courten Ridder woonende tot Middelburgh ende dat hy in dien dienst is gebleven tot den Iare 1638. in welcke tijdt hy ettelijcke Iaren de Boecken wegens de Negotie van de gemelde Compagnie binnen Engelandt heeft gehouden ende voor sijn afscheyt naer dat de selve volkomentlijck waren overgedragen door last van Iuffrouw Margrieta Courten Weduwe van den voornoemden Jan de Moncy gelevert in handen van Willem Courten Sone van den voornoemden Willem Courten Ridder welcke Boecken sedert door last ende ordre van Willem Courten ende sijn Huysvrouwe in ofte ontrent den Iare 1646. gesonden zijn geweest aen Pieter Boudaen Courten al 's Erfgenaem van Pieter Courten door John Moone gelijck hem Deponent gebleken is uyt een be-eedighde verklaringe door gemelte Moone gedaen in handen van Commissarisen van desolate Boedels binnen Londen op den 25. February 1656. item dat David Goubard gewesen Boeck-houder eerst van Pieter Courten ende nader●andt van Willem Courten aen hem Deponent verklaert heeft in den Hage dat de selve Compagnie Boecken die tot Londen waren gehouden gekomen waren in handen van Pieter Boudaen Courten ende die aldaer gesien te hebben voorts dat de generale Boecken nopende de Negotie op alle gewesten buyten Engelandt gehouden wierden door Pieter Courten tot Middelburgh ende desselfs Erfgenaem Pieter Boudaen Courten ende dat de Rekeningen van gemelte Compagnie by sijnen tijdt noyt en zijn vereffent ende noch openstaen voor soo veel hem bekent is 't selve gevende voor redenen van wetenschappe presenterende alle 't selve des noodt ende daer toe versocht zijnde met solemnelen Eede te bevestigen Aldus gedaen ende gepasseert binnen Vlissingen voorn̄ present Joannis ende Engel Huyssens al 's Getuygen hier toe versocht Quod Attestor Rogatus A. HUYSSENS Notaris Publ. After the Creditors had prosecuted the said Commission for severall moneths together they procured the Commissioners to make an Assignment and repartition of William Courtens Estate that was discovered and to divide the same amongst the

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 the●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 re●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 g●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 po●●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 Credi●ors who valued their De●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