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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

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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