Fraud and oppression detected and arraigned. Or An appeal to the Parliament of England in a short narative and deduction of severall actions at law depending in the ordinary courts of justice in Holland & Zealand, between diverse subjects of the King of England, and the subjects of the States Generall of the Seven United Provinces. With severall remarkable observations and animadversions thereupon, by the creditors of Sr. William Courten, Sr. Paul Pyndar, Sr. Edward Littleton and Willam [sic] Courten Esquire deceased. Faithfully recollected and digested into a method by G.C. a lover of his countrey. Whereunto are added some necessary advertisements concerning the improvement of navigation and trade.

The Process begun Anno 1662. revived at Middleburgh, Anno 1674. and translated out of the Low-dutch into English.

Extract out of the Ordinarie Roll of the Citie of Middleburgh in Zealand.

GEorge Carew, Esq^r. appointed by the Prerogative Court of England, Administrator of all the goods unadministred of S^r. William Courten Knight, late of the parish of S^r. Gabriel Fanchurch in London, in which quality approving the proceedings acted by Iames Boevé, by vertue of procuration from him George Carew Plaintiff, against Iohn, Peter, & M^r. Henry Boudaen, and Abraham Bischop, the husband of Catharin Boudaen, all of them dwelling within this City, Item M^r. Walter Boudaen, Minister of Gods Word in Amsterdam, as also Dame Constance Boudaen, dwelling also in Amsterdam, all of them Children and Heirs of Peter Boudaen Courten their Father, who was Heir unto S^r. Peter Courten Knight, in that quality Defen∣dants, to be condemned to accept the proceedings of the aforesaid Process, and to that end to appoint their Proctor Acceptant, and accordingly to proceed with the Plain∣tiff pursuant to the last Act, cum expensis, in case of Debate.

Abraham Smith, for Iohn, Peter, and Henry Boudaen, as also for Abraham Bischop, desireth day, reserving his Exceptions and Defence.

Fiat upon debarr, and authorised to cite the other Defendants by letter to be de∣livered by the Merchants Bode (or Messenger) within eight days after the receipt.

Extract out of the Ordinarie Roll of the City of Middleburgh in Zealand.

George Carew, qualitate quâ Plaintiff,

Iohn Boudaen, cum suis Defendants. Fol. 136.

Abraham Smith, propounds his Exception in Scriptis.

Abraham Smith, Proctor, denieth that the Plaintiff hath the quality which he ascribed unto himself in this Process, and therefore propounds his Exception of Non-quality, and concludes, for admit∣tance thereof, and absolution of his Instance with costs.

Iohn van Rijmsdijck, Proctor, for the Plaintiff desireth day this 26^th September. 1674.

Extract out of the Ordinarie Roll in this City of Middleburgh in Zealand.

George Carew, qualitate quâ Plaintiff,

Iohn Boudaen cum suis Defendants.

BUrgermasters and Schepens, before they determine the propounded Ex∣ception, do order the plaintiff to exhibit and deliver an Authentick Ex∣tract out of the Register of the Prerogative-Court of Canterbury, whereby it may appear, that William Courten the Grand-child of S^r. William Courten Knight, did on the 15. of Iune 1664. appear within the said Court, and did voluntarily acknowledge, and confess, that the Letters of Adminis∣tration of all the Goods, Actions, and Credits, which belonged unto the said S^r. William Courten Knight, unadministred, were lawfully granted unto the plaintiff George Carew, after due knowledge and examination of the matter, and that the Judge of the Prerogative-Court had ratified and confirmed the same, and that the said George Carew hath thereby full power and authority, to ask, levie, and receive all and everie the goods of the said S_r. William Courten, as also to sue for all and everie of the same, to the end the matter in dispute may be determined in such sort as shall be thought fit.

Actum the 20. of February, 1675. In absence of the Secretarie, signed by Iohan Pieter van de Brande, junior Scheepen.

Extract out of the Ordinarie Roll of the City of Middleburgh in Zealand.

George Carew, qualitate quâ Plaintiff,

Iohn and Peter Boudaen, cum suis Defendents.

Smith the Proctor desireth Prolongation of 14. days.

Rymsdijck that his desire should be denied.

The Commissaries grant 14. days without further delay, the 19. of Iune 1675.

In the absence of the Secretary, signed by Johan Pieter van de Brande.

Extract out of the Ordinarie Roll of the City of Middleburgh.

George Carew, qualitate quâ Plaintiff,

Iohn and Peter Boudaen, cum suis Defendants. Fol. 136.

ABraham Smith, Proctor for the Defendants and Excipients, having seen the Acts which are produced, (according to the Order and Appointment of this Hon^ble Court, dated the 20. February last) by the plaintiff, saith, that although thereby it might appear, that the quality of the Plaintiff which he ascribes unto himself as Administrator of the pretended unadministred goods of S^r. William Courten the Elder, were sufficient, that nevertheless the Plain∣tiff cannot commence any suit by or from the name of William Courten the Elder, for that William Courten the Yonger his Son Heir and Executor of the Estate of William Courten the Elder, administred the Estate many years, and the said Estate of William Courten the Elder (additione hereditais) is descended on the said William Courten the Yonger his Son; by whom onely the Cause ought to be prosecuted. Wherefore under Benefice of the said means, and others to be deduced in this Process in time (if requisite) Concludes for absolution of this instance. Cum Expensis.

Rijmsdijck the Proctor doth debate the means alledged by Exception, as frivolous and impertinent, Concludes that the propounded Exception shall be rejected, and that the Excipients shall be ordred ilico, to answer to the principall demand.

Abraham Smith persisteth by replycque. Rijmsdijck by duplycque. Actum the 5^th. of Iuly 1675. and was signed

Iacobus Peckius Iunior, Secretarius.

Then severall of the Persons interessed in England, hearing that such impertinent and vexations exceptions were brought in from time to time, contrary to the practise of all Nations, they procured a Letter of Recommendation from the Lord Major and Aldermen of London, to the Magistrats of Middleburgh, dated 13. of Septemb. 1675. desiring that those Frivolous Exceptions might be rejected, and Iustice administred with all Expedition according to the Merits of the Cause.

Whereupon the Lords ordered that Deductions of the Process and Pleadings with Advertisments of right on both sides might be given unto the Pensionaris or Recorder Vander Helm, to report his opinion thereupon, to the whole College or Court; and in pursuance thereof, this following Sentence was pronounced accordingly.

George Carew q. q. Plaintiff

Peter Boudaen cum suis Defendants.

THe Burgermasters and Schepens doing right, do reject the propounded Exception, and order the De∣fendants to answer unto the principall Demand, and suspend stating of Costs untill the end of the Process.

Actum the 26. of Novemb. 1675.

From which Sentence, the Boudaens Appealed to the Hague onely to gain 40. days longer delay, and vexation; Then published in print a most scandalous Request, and a Book throughout the Provinces of Holland and Zealand, against M^r. Boevé and M^r. Carews procéedings.

Whereunto an answer being also printed by Boevé and Carew, the said Boudaens and their Confederates caused the Englebrechs the Scout of Amsterdam, where they were printed to seiz upon many of the Books, having before gotten an order from the Magistrates of Middleburgh that they should not be printed or published in that place.

The 40. days being expired; The Boudaens notwithstanding the Sentence aforesaid, were permitted to propound more impertinencies in Writing, and answered under the benefit of their peremptory Exception, as also of Prescription unto which Carew replyed; then they brought in severall things by way of Reconvention & Defalcation, and Exhibited diverse Copies of bonds, and papers in the Month of February 1676. New Stile, (but deposited none of the Books of account, according to the Demand in the Process) whereof Carew could not get any authentique Copies to instruct his Advocates for pleading; yet they moved the Court in the Month of Septemb. following, that the Cause might be pleaded while M^r. Carew was attending his Process against M^r. Pergens at Amsterdam which was brought on before Commis∣sioners to examine the pieces and report their Opinions to the Lords for their small Sentence and Determination. But of the Consequences in both Causes, before the Magistrates of Amsterdam and Middleburgh, particular accounts shall be given in the said Advertisment and Protest hereafter made by M^r. Carew. Now follows the Second Part of this Book concerning Treaties of Common Amity, Alliance and Commerce, between Kings, Princes and States.