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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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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
A VINDICATION Of the severall Actions at Law brought against the Heires of S r. Peter Courten Knight and Peter Boudaen Merchants deceased by George Carew Esqr Iames 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. Zal r. 1675. privately given out to the Magistrates in Zeeland Veritas non quaerit angulos Printed at Middelburgh by Thomas Berry 1675. To His Highness THE Prince of Orange Sir IT was given for a Maxime amongst other Policies of Government to the States of the United Provinces by Prince William of Nassaw your great Grandfather that they should doe Justice unto all Strangers It being the greatest support of a Nation and the want of it the chiefest cause of their fall I am grieved that such occasions are given me to write upon this Subject or to say that these Netherlands have long mourned for the transgressions of evill doers Before the Law of Property there was noe theft all things remained in common to every man but after the Laws of Nations were established all mens rights became distinguished and preserved by certaine Rules and order of good Governement May it please your Highness I am obleiged as an Englishman a Gentle-man and a Subject of the King of Great BRITTAIGNE publiquely to vindicate my self my Country and the Judicature of England since severall Advocates and their Clyants in Middelburgh have taken the boldnes and liberty publiquely to scandalize and reproach all three by belching out their calumnies and aspersions against us in the ordinary Courts of Justice there And since your Highnes by a wonderfull Providence is not only restored to the ancient Offices and Dignities of your most Noble and Princely Ancestors but that the chiefe Office of Statholder in Holland and Zeeland is intailed upon your Highnes and your Heires for ever as a remarkable testimony of your personall merits and the common gratitude of the people for the many and great Services that your Ancestors had done for these Provinces I shall therefore implore your Highnes to recommend my Causes that I may at last find common Justice in these Netherlands without respect of Persons And that in the meane time your Highnes would give your selfe the trouble of reading this short Narative of them wherein I have not offered any thing impertinent to the busines in hand So leaving the scope of the whole matter unto your Highnes most serious considerations submitting the same to your great wisdome and judgment as the chief President of all Judicature in these Provinces Great Sr. I remaine your Highnes most humble Servant GEORGE CAREW Middelburgh in Zeeland September 2. 1675. A Preface to the Reader VIrtue and honourable Actions make all men truly noble and on the contrary wicked and abominable practises render them unworthy and base It is not busines here to recriminate the vices of these Provinces or to make a retrospect into the Pedegrees of those particular Inhabitants that have lived upon the spoyles of other Nations but only into my parties and their Advocates who have not been ashamed to publish most false and libellous discourses reflecting upon my self and severall others of his Majesties good Subjects of England Scotland and Ireland I should therefore betray my own innocence the merits of my causes and the deserts of my own Family If I should continue silent after so many indignities and reproaches cast upon us that are reduced into writing by John and Peter Boudaen by whose directions they were also Printed by the States Printer in Middelburgh and the Books given under hand to the Magistrates to get good opinions of their bad Causes to the prejudice of my self and other Englishmen Miracles are now ceased and men cannot have moneys drop into their lapps out of the clouds All things mencioned in this following Treatise are matters of record And if shame and infamy had not attended the Family of old Peter Boudaen as he himself in a letter to his Mother long before his death prognosticated his Children might have covered their Fathers infirmities and suffered him to rest quiet in his grave by giving better attention unto those timely insinuations and friendly addresses that were made unto all the four brothers John Peter Walter and Henery Boudaen respectively who follows the stepps of their Father not restoring what was injustly gotten yet I cannot without regret speake evill of the dead wherefore I have modestly and briefly set forth the Characters and Extractions of the persons concerned as a most necessary introduction to what follows then comes a Relation of the Partnership in Trade and Commerce between Sr. William Courten Sr. Peter Courten and Mr. John Moncy together with the severall transactions of their Heires Executors and Assignes adding some Observations and Remarques thereupon I come to the vindication of my selfe and Family justifying my Administrations in England and my proceedings in the severall Cases depending in Holland and Zeeland ever since the yeare 1650. which I leave also to your candid apprehensions and the whole World to be competent Iudges thereof Vale. Middelburgh Septemb. 3. 1675. It Was the Saying of an ancient Philosopher that lived in a very serene Aire Quôd gaudiant qui bene nati The words being spoken as to the temperature of those mens bodies from whence followed the generous disposition of their minds IN the yeare 1567. Phillip the Second King of Spaine having sent Olivaris Duke of Alva to be Governour of the Seventeene Provinces the Spanish Inquisition was then put in execution Where amongst others William Courten a Taylors Son at Menen in Flanders was imprisoned from whence he made his escape and remained sometime privately about Courtrick having maried Margriet Casier from thence a Linnen-weavers daughter by whom he had one daughter named Margiret that maried with Matthias Boudaen a Macklaers Son of Antwerpe These People having very tender consciences they transported themselves some for Holland and others for England with all the monies and credit they could make William Courten and Margeret his wife being arived at London in the yeare 1568. they toke a small house in Abchurch-laine where both of them followed the trade of making French Hoods that were much used in those days and sold their worke to the shops that retayled the same out againe After some time expired they toke a house in Pudding-laine in the Parish of St. Mary Hill where they had two Sons the eldest named William who was borne in the yeare 1572. yet within the memory of the living and the other named Peter that was born in the yeare 1581. who were both brought up to Schoole to lea●ne to read write and cast Accounts William Courtens the Sonne after his Fathers death was sent unto Mr. Peter Cromelincx a Linnen Merchant at Harlem that had also fled out of
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