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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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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
Creditors conformable to the Statutes made against Banckrupts And notwithstanding all possible inquiries and examinations were made at the great costs and charges of the Creditors yet there could not be found any more Estare in England then 13. in the Pound which was divided towards the principall debt of 112300 £ that still remained due unto the Creditors of Sr. William Courten and his Sonne besides the debt of Sr. Paul Pyndar although Sr. Edward Littleton the Earle of Bridgwater and David Goubard became bound as aforesaid Who also absented themselves and died without giving satisfaction as hereafter is mencioned These transactions made all men stand amazed in regard they could not discover any losses that Sr. William Courten had sustained in his life time and they were the more astonished in respect that those very individuall summes of Money for which they sought relief upon the Obligations of Sr. William Courten and his Son were contracted by Sr. William Courten 14 or 15. yeares before his death and continued at Intrest which was constantly payd out of designe to get what other Monies he could into his hands as by the sadd consequences thereof appeares Upon severall other meetings and examinations the Commissioners were informed that David Goubard who was Book-keeper unto Sr. Peter Courten and Sr. William Courten and had made his Escape into Holland where the States Generall gave him a Protection could discover much of Sr. William Courtens Estate and that also Iacob Pergens of Amsterdam and Peter Boudaen of Middelburgh could likewise contribute very much thereunto The said Commissioners sent severall Letters subscribed by themselves and many of the Principall Creditors unto Pergens Boudaen and Goubard respectively earnestly intreating them to give their best assistance therein towards the reliefe of many Orphants and Widdows but neither of them would send any answers to the purpose only Pergens writ unto Mr. Richard Norton one of the Commissioners that as for the Monies which they had desired him to pay which the East-India Company had paid concerning the Ships Bona Esperanza and Henry Bona Adventura Ionas Abels of Amsterdam by Procuration from Sr. Paul Pyndar had claymed and arrested the same in the yeare 1648 therefore he could not doe them any service therein The Controversie concerning those Ships is formerly set forth at large called a Continuation of the Ca●e between the Heires and assignes of Sr. William Courten and the East India Company of the Netherlands unto wich I refer you Yet for a further aggrevation of that Cause I shall make these following remarkes thereupon That it was a most abominable practise and Combination betweene Iacob Pergens Peter Boudaen David Goubard and severall Directors of the East-India Company who had speciall notice of the severall grants and Bills of Sale unto Sr. Edward Littleton and Sr. Paul Pyndar which were also insinuated unto them by Ionas Abeels on the 25. of May 1648. who likewise arrested the Money in their hands which the Scheepens of Amsterdam had declared valid on the first of October 1648. yet after all insinuations prohibitions protests and arrests this pretended Agreement following was made Het Accoort tusschen de Oost-Indische Compagnie en M r. Pergens Den 18. Septembris 1649. ALsoo differenten ontstaen zijn tusschen de E. Bewinthebberen van de Nederlants●he Geoctroyeerde Oost-Indische Compagnie ter eenre mitsgaders d' E. Jacob Pergens ende David Goubart soo voor hem selven ende al 's Procuratie hebbende van d' E. William Courten ende andere Ge-interesseerdens in de gemelte differenten tot Londen ter andere zijden ter saecke van seecker Schip genaemt l'Esperance in den Iare 1643. voorleden ontrent de Stadt Malacca van de Ministers van de gemelte Compagnie om redenen daer toe dienende met sijn ingeladen Goederen aengehouden midtsgaders eenige ge●erghde Goederen uyt het Schip Henry Bon Adventura op 't Eylandt Mauritius verongeluckt ende van daer op Batavia gebracht Soo i st dat de voornoemde Jacob Pergens ende Goubart ter Vergaderinge van de Seventhiene de gemelte hare pretensien om eenmael van de selve af te zijn eyndelijck begroot hebbende op een Somme van hondert duysent Guldens ende daer op gehoort zijnde de presentatie van de gemelte Vergaderinge van tseventigh duysent Guldens na dat hare Ed. de resterende differerende dertigh duysent Guldens al ende geheel aen de uytspake van dese Vergaderinge gesubmitteert hadden a●n de voornoemde Pergens ende Goubart voor alle de gemelte hare pretensien ende aenkleven van dien egeene uytgesondert of gereserveert by desen toegeleyt hebben de Somme van tachtigh duysent Guldens mits voor den ontfangh van de gemelte Penningen stellende suffisante Cautie voor alle namaninge Alle 't welcke by de gemelte E. Pergens ende Goubart gehoort zijnde daer mede contentement genomen hebben alles ter goeder trouwen sonder argh of list zijn daer van gedaen maken twee al-eens-luydende Acten ende wederzijts tusschen gemelte Parthyen geteyckent binnen Middelburg in Zeelandt den 18. Septembris 1649. Was met verscheyden handen ouderteeckent Iacob Pergens I. C. Hayman 1649. David Goubard Iacob Roch. P. Boudaen Courten P. Carpentier Pieter van Santen Adriaen Besemer Ian Vaericksz Abbekerck Hercke Iansz Noortlant Na gedane Collatie is dese Copye jegens den principale van woorde tot woorde bevonden te accorderen sulcx betuyge ick ●eyserlijcken en by den Ed. Hove van Hollandt mitsgaders den Groot Achtbaren Magistraet der Stadt Amsterdam geadmiteerden openbaer Notaris binnen de selve Stadt residederende ende hebbe in oirkonde van dien mijnen Notariale Signature hier onder gestelt desen 27. Ianuary 1651. J. vande VEN Notaris Publ. It was a double iniquity and robbery in Pergens Boudaen and Goubard that knew William Courten became insolvent in the yeare 1643. and that he had no property left in him after the grants and Bills of Sale to Sr. Edward Littleton and Sr. Paul Pyndar Such Fraudes in France are punished with death and the persons absent are hanged in Effigies The very fraight that the Portugals by contract were to give for the Passengers and goods taken aboard the Ship Bona Esperanza for Maccao and for 90. Lasts of the Ships Lading back againe for Goa amounted unto much more Money then what Pergens and Goubard had by their pretended agreement gotten of the Company upon Caution SOLOMON says that opression makes the wise man mad Sr. Paul Pyndar that had served King Iames and the Turkey Company in the quallity of an Embassador for the space of Eleaven yeares and had advanced the greatst part of his Estate unto Sr. William Courten as aforesaid and the rest of all his Meanes unto the late King Charles towards the ordinary charge of the Crowne This Sr. Paul Pyndar upon the news that the East-India Company of the Netherlands had dealt so unkindly by him he retired himself to his Chamber and died of grief in the yeare 1650.