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A34117 To the honnorable the knights, cittizens and burgesses in Parliament assembled the humble petition of George Carew, Esquire administrator of the goods and chattles of Sr. William Courten, Knight, deceased (with his will annexed), John White, and James Boeve, of London, marchants, on the behalfe of themselves and diverse others, His Majesties good subjects of England. Carew, George, Esq. 1675 (1675) Wing C554; ESTC R35851 7,780 13

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of Midleburgh but in case of refusall they condemned him to account with Mrs. White for Mr. Iohn Moncys Estate reserving such right as any person might pretend to the validity or invalidity of Mr. Moncys will Which was nihil ad rem but very impertinent and a possitive deniall of Justice in the supreame Court of Judicature of Holland to sett up a false Executor in Zeland against a legall Administratrix in England 12. That after Peter Boudaen had obliged himselfe by a notoriall Act in persuance of the Sentence of the High Court Mr. Boeve summoned him before the Magistrates of Midleburgh for the payment of a Legacy of 2000 p. with interest and damages given to his Wife by Mr. Iohn Moncy where he obtained a Sentence on the 11 th of February 1660. that Mr. Peter Boudaen should pay the sayd Legacy with damages provided the Interest should not exceed the Capitall 13. That Peter Boudaen appealed from the sayd Sentence to the supreame Court of Iudicature at the Hague where the suite hath depended these 15 years contrary to all reason and equity upon Countercharges and vexatious pretences of Boudaen to the damage of Mr. Boeve ten thousand pound sterling besides the loss of his imployment in trade and Marchandize whereby he hath impoverished himselfe and his Family 14. That Letters of Administration of the goods and chattells of Sr. VVilliam Courten with his will annexed being granted to the sayd G●●rge Carew after the death of VVilliam Courten the Executor he gave a generall Procuration in the yeare 1662. unto Iames Boeve who summoned the sayd Peter Boudaen before the Magistrates of Midleburgh in the same yeare and prayed by his bill that Peter Boudaen should be injoyned to account with Mr. Carew concerning the Partnershipp in his quallity as Administratour of Sr VVilliam Courten or be ordered to deposite the generall Books of Trade and other papers into the Secretary Office of the sayd Citty or any neutrall place that an account might be settled at a joynt charge in the presence of Mr. Boeve who was a servant to Mr. Iohn Moncy and knew how to setle the same 15. That Peter Boudaen being a Director of the East-India Company and one of the Common Councell of the Citty was admitted by the Magistrates to demand caution of Mr Boeve for Costs before they would proceed which was neuer demanded in any such cases before And after Mr. Boeve had given sufficient caution accordingly the Magistrates tooke Exeption against it and would have other caution purposely to delay Justice which continued soe during the Dutch warr untill the death of Peter Boudaen 16. That Sr. Iacob Catts late Pensionaris of Holland became bound on the 29. of July 1631. at London to Sr. William Courten for 3000 p. sterling which money continued at interest after the death of Sr. William Courten then his Sonn and Executor delivered the sayd bond with a Letter of Atturney to Iacob Pergens of Amsterdam who putt the same in suite against Catts at the Hague in the Provintiall Court who removed it to the supreame Court where Mr. Carew intervened by his Process in the yeare 1662. for the sayd debt and damages as administrator of Sr. William Courten according to the Law of England the Executor being dead during the prosecutiou of Pergens 17. That the Advocates of horh sydes agreed the case by consent and transmitted it to England for the judges opinion who subscribed their judgment in the presence of Major Wright a publique Notary to this Effect That by the Law of England the money due upon the bond from Sr. Jacob Catts was vested in Mr. Carew the administrator after the death of William Courten the Executor who could not assigne a bond by the Law of England being a thing in action 18. That Advocate Sass and the rest of Mr. Carews Councell at the Hague delivered an authentique Coppy of the judges Opinion in Latine to the Lords of the supreame Court of Iudicature and pleaded further That by the instructions of their owne Court a stranger being to be admitted at his first instance they were possitively obliged to give Sentence according to the Laws of England where the money was lent and the bond given The Parliaments in France and all Nations governing themselves in cases of Contracts according to the Law of the place where they are made 19. That notwithstanding all the Arguments and Results of the Iudges and Lawyers Iohn de Witt being a Kinsman of Pergens his wife he prevailed with the Lords of the supreame Court of Iudicature to give Sentence in the yeare 1663. that the Debt Interest and Damages should be payd to Pergens he giveing caution to save hermeless and indempnisied the sayd Catts and his Heyres against Carew which was a vyolation of the Law to the prejudice of Mr. Carew and other Creditors of Sr. William Courten the sum of 5000 p. and upwards that ought to be refunded upon a nationall demand 20. That upon the Addresses and earnest Solicitations of the Creditors and Adventurers with Sr. William Courten The King and Councell insisted upon Satisfaction and Reparation from the Hollanders in the yeare 1662. for the two Shipps Bona Esperanza and Henery Bona Adventura of London his Majesty signifieng by Letters under his signe manuall to the States Generall That he was obliged in Iustice and honour to see it effected accordingly 21. That upon Consideration Polleron should be restored and satisfaction given for the two Shipps Bona Esperanza and Henery Bona Adventura All other damages and injuries done in the East-Indies to his Majestys subjects before his Restauration were to be mortified and extinguished by the 15'th Article of the Treaty concluded at Whithall 4'th of September 1662. 22. That the Kings Commissioners The Duke of Albemarle Earle of Manchester Lord Holles Lord Berkeley Sr. George Carteret Sr. Edward Nicholas and Sr. William Morice And the Dutch Embassadors Mr. Symon van Hoorn and Mr. Michiel van Gogh agreed in particular Termes before the Conclusion of that Treaty that the damages concerning those two Shipps should be adjusted at the Hague and satisfaction given there where the Controversie depended between Sr. George Downing and the deputies of the States Generall As appears by certificate under their hands and seales 23. That in persuance of the sayd Treaty and Agreement two years time was afterwards spent at the Hague and Amsterdam in Applications to the States Generall and the East-India Company for satisfaction and reparation of the debt and damages which amounted unto 150000 p. sterling and upwards that could not he acquired unless a fifth parte might be accepted for the whole including 85000. gilders to be refunded by Mr. Pergens or his caution towards it 24. That the Creditors Adventurers and Partners with Sr. VVilliam Courten finding themselves agreived and the Kings honour soe publiquely exposed by the Hollanders they addressed themselves with the State of their cases unto the House of Commons in the yeare