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.

IT is expedient, to give a more particular Narrative of my Proceedings, with Sr. Edwad Littleton, and the Commissioners upon the Statutes against Mr. Courten, from the yeare 1650. unto the yeare 1660. And after the Kings Restauraton, to give an account of my Administration to this day, since Mr. Rextoot (as he says) was instructed to declare, that I had noe pretence against the Estate of Courten, or the Executors of Peter Boudaen, but upon false actions.

In the yeare 1651. Sr. Edward Littleton being retired, and resolved to end his days, silently amongst the Mountaines in Wales, I found him out at Phinant in Montgomeryshire, by the directions of Dr. Littleton his Brother. And after some time spent with him, where he was lamenting his Misfor∣tune, how he became ingaged with his Brother in Law, William Courten, for 60000 Pound Sterling and upwards, Principall Debts. And that he was sequestred by the Parliament, for serving the King. That his owne un∣setled Estate, was ordained to be sold, by a Committee at Worcester House, for want of Friends, to Compound, or to redeeme it.

Sr. Edward Littleton then offered to assigne over unto me all his right and intrest in the Lands, Ships, and Stock in India, that William Courten had granted him for his indempnity; provided I would covenant to pay pro∣portionably, with my owne debt, such other particular Friends of his, that had continued their Monies at Intrest, in the Family of Courten, or lent other Monies upon Sr. Edward Littletons Credit, and Obligations, which amounted unto 30000. Pound or thereabouts, which I promised to doe, after I should be well informed of the value of the Ships, and Lands; and the incumbrances thereupon.

In the yeare 1652. I spent three moneths time amongst the Tenants and others, in the Counties of Worcester, and Gloucester, where the Lands and Tenements were situate, and found upon inquiry, that every Acre was pre∣ingaged and mortgaged, before that Mr. Courten, had granted them unto Sr. Edward Littleton, and by computation, also found, that most of the Per∣sons, unto whom the Lands were mortgaged (exceping the Joynture-Land) demanded more Principall Money, Interest, and Damages, than the Lands were really worth. And that the Ships and Stock in India, was in∣gaged to Sr. Paul Pyndar, as a further security for payment of 24800. £. part of the Money lent unto Sr. William Courten, in the yeare 1635. when he first entred upon the East-India Trade.

In the yeare 1653. at the request of Sr. Edward Littleton, I made another Journey into Wales, where I made a Contract, and Agreement with Sr. Ed∣ward Littleton, concerning the said Lands, Ships, and Stock, that they should be granted unto me, or such Persons as I should appoynt, towards satisfaction of the debts, unto my self and the Persons following, provisionally, that such grants, should not prejudice me, nor the other Creditors in our further right, against any other Person, or Persons whatsoever, that were any wayes obliged, or lyable to satisfie the said Debts, or any part thereof: (excepting only the Heyres of Sr. Edward Littleton) Whereupon severall grants and coveyances of Sr. Edward Littletons Right, and Equity of Redemption, were made, on the 23. of April 1653. unto me the said Goerge Carew, and my Trustees, of and in the Manors, Lands, and Te∣nements of Severne Stoke, Pyrton, Annton, Eversham, Upper Swell and Lower Swell, and all other Lands, in the Counties of Worcester, and Gloucester, to them belonging, that were granted to Sr. Edward Littleton, by William Courten, as aforesaid, and severall other Deeds declaring the Trust, Co∣venants, and Agreements, were also then Executed accordingly, with a Schedule of the principall Debts annexed the••eunto, as follows,

A Cattalogue (of some part) of S^r. Edward Littletons Creditors.

	£
To Sr. Robert Thorold for the principall Debt of	2000.
To Sr. Peter Richaut for the principall debt of	1000.
To Sr. David Watkins,	1500.
To Eusebius Mathews,	2000.
To the Earle of Shrewsbury	2500.
To Iosina Calf.	1500.
To Sr. Anthony van Dijke,	1500.
To Sr. George Whitemore,	1000.
To Sr. William Whitmore,	0500.
To Thomas Abberly,	1500.
To Robert Davies,	0600.
To Edmond Hamond,	1600.
To William, and Susanna Walton,	3000.
To Thomas More,	2400.

To Iohn Gifford,	1000.
To William Bagott,	0600.
To Alice Walcott,	1000.
To Ieremy Elwes,	1250.
To Sr. Robert Ayton,	2500.
To Sr. Peter van Lore,	1500.
	30450.

Memorandum, that severall of these Summes of Money were the proper Debts of the Company, for which the Stock is lyable, that rests in the hands, of the Heiret of Peter Boudaen deceased.

Then Mr. Carew entred his Claime before the Commitee at Worcester House, on the behalfe, of himself and the Creditors, to have an allowance thereof, for that it was not an Estate subject to any forfeiture, for any de∣linquency of Sr. Edward Littleton, which, with much difficulty, and expen∣ces, was exempted by speciall order of the said Committee.

Then Iames Winstanley, George Cotton, Richard Norton, and the rest of the Commissioners, appoynted to execute the Commission against William Courten, entred upon the Lands, and brought their Writts of Ejectment, on the behalfe of the Generall Creditors; pretending that William Courten was within the compass, true meaning, or intent of the Statutes against Banckrupts, before he had granted the said Lands, or any right or interest therein, unto Sr. Edward Littleton, and therefore, that the right and equity of Redemption belonged to them.

In the yeare 1654. George Carew, to avoyde all disputes and controver∣sies, contracted with the said Commissioners, to give them 2000. Pound Serling, for their pretended Title and Interest, which they claimed, on the bebalfe of the Generall Creditors, that sought relief by the said Com∣mission, whose debts amounted unto 128000. pound Sterling, which was granted and conveyed by the consent of the major part of them, unto the said George Carew accordingly, but withall they ingaged the said George Carew, in Articles and Covenants, that he should at his owne proper costs and charges, bring the Heires, and Executors of Sr. Peter Courten, and Iohn Moncy, (Partners with Sr. William Courten,) to account for the Stock that was in the Trade of Partnership, that belonged to Sr. William Courten, and to recover the same, which should be divided, in equall shares and propor∣tions, between the Generall Creditors, and those particular Creditors

that Mr. Carew was intrusted for, by Sr. Edward Littleton as aforesaid.

In the same yeare 1654. Mr. Carew contracted with the Lord Coventry, and others for the Purchase of the said Lands, and to procure, a Fine from William Courten, the Son and Heyre that was in Italy, for which 4000. £ was to be given out of the Purchase Money; but before the Commission was re∣••urned out of Italy, and the Fine executed, William Courten died in Florence, in the yeare 1655. Then all things by agreement rested in Statu quo, untill William Courten, the Grand-child came to age, who afterwards, joyned in Fines to the Lord Coventry, to Mr. Carew, and others, which payd Courten considerable Summes of Money, to end all debates, although he had no right thereunto.

Soone after, severall of his Fathers, and Grandfathers Creditors (come∣ing to the knowledge thereof) brought Actions against him, as Heire at Law, and arrested him; others exhibited Bills in Chancery against him, unto all which he pleaded, that he was neither Heire, Executor, or Ad∣ministrator, or claimed any thing from their Estates; What was paid to him, was ex dono & g••atia, and not ex Iure. Yet to avoyd all further Cavills, he absented himself, out of England, and is resolved to live upon that mo∣ney, in a strange Land, and not to demand any thing, Additione Haereditatis, as Heire to his Father, or Grandfather.

An Account of the Monies raised by Sale of the Lands.

	£
The Equity of Redemption of Severne Stoke, (that was mortgaged to Mr. Daniel Harvey) sold unto Thomas Lord Coventry, for	1200.
The Equity of Redemption of Upper Swell and other Lands (that were mortgaged to Mr. John Rushout) sold to Sr. James Rushout his Son, for	0300.
The Equity of Redemption of Lower Swell, (that was mortgaged to Mr. Giles Carter) sold to Sr. Robert Atkins, for	1600.
The Mannor of Pyrton, in possession sold to Thomas Lord Coventry, for	7500.
The Mannor of Evesham in possession sold to Mr. Rudge, for	7500.
The Mannor of Annton in po••••ession sold to Mr. Thomas Foly, for	3600.
	21700.

	£	Whereof Mr. Carew deducted, that he payd to the Commissioners	2000.
And 7400 £ payd to Mr. Courten, with all other incident Charges	7400.
	9400.

Mr. Carew, addressed himselfe againe in the yeare 1656. unto Sr. Edward Littleton, with a report of all his Proceedings, who then delivered Mr. Carew, the Originall Bill of Sale (dated 26^th. of Aprill 1642.) of the Ships, Goods, and Fraights, transferred unto him by Mr. Courten, as aforesaid. And assigned, all his Right, and Equity, therein unto the said George Carew, for further satisfaction of the Persons aforesaid, after the severall Assignations, should be discharged unto Sr. Paul Pyndar, according to the Deed, dated the 19. of December 1642. before mencioned.

After these Transactions, all things continnued without further prose∣cution, in regard of the severall Changes of Government, untill the Kings most happy Restauration. Then the Creditors renewed the Com∣mission (against the Estate of William Courten) under the great Seale of England; Whereupon Mr. Carew, and the Commissioners had several meet∣ings, and Consultations together, who tooke new measures from all the former inquiries, and examinations, made after the Estate of Mr. Courten.

Then divers debates did arise concerning such a vast Corporation of Credi••ors, who valued their De••ts. Interests, and Damages (of sevrrall natures) to amount unto 400000. Pound, and upwards, many of them being Executors, that could not abate any thing of their Principall and Interest.

And some Persons having lent their Monies upon the Credit of Sr. Will. Courten, and Company (long before the death of Sr. Peter Courten, and John Moncy) insisted to have satisfaction out of the Estates of the Company. Others that had the Colaterall security of the Earle of Bridgwater, and David Goubard, would not contribute to the Commission against Courten, but expected satisfaction, from the Earle of Bridg∣water, which proved otherwise: for that upon their addresses unto him, for their Mo∣ney, he excused himselfe, that it was none of his Debt. That he was deceived in the Estate of Mr. Courten, and expressed himselfe in these very words, at his house in Barbican. That he would not fry in Hell for his owne Debts, wherefore he had taken care, and setled some Lands for the payment of them; but as for Mr. Courtens debts,

he would not concerne himselfe therewith: Yet his Son, the Earle of Bridgwater, that now is, hath had much trouble, concerning the same.

Now the King of Great Brittaigne being Crowned at Westminster, all his Subjects made no doubt of procuring satisfaction for civil Actions at Law, against the Inhabitants of Holland and Zeeland, upon private differences; as also for Damages, that they had suffered by Spoyles and Depredations. Whereupon they made their applications, expecting respective Protec∣tions, and reliefe, from his Majesty accordingly.

Briefe Relations whereof are mencioned / in the Continuation of the Case betweene Sr. W. Courten, his Heires and Assignes, and the East-India Company of the Netherlands. And the Peticion of George Carew, James Boeve, and John White, to the Commons in Parliament, with the 36. Articles annexed. Which are placed in order at the latter end of this Booke, unto which I refer you.

In the meane time I will give you some positions of Law, with the particular proceedings, in the Case depend∣ing upon the Accounts, and also severall Copies of Let∣ters, and Answers relating thereunto: And likewise some speciall Remarkes, of fraud and malice, in the practises of Boudaens, and Pergens, and then conclude.

Many Debates still arising between the Creditors, concerning the dif∣ferent natures of their Debts. It was agreed, that Administration, of Sr. William Courtens Estate not Administred, should bee taken out by Mr. Carew, to prosecute those Persons that injoyed the Effects thereof, be∣yond the Seas: Whereupon William Courten the Grandchild was cited to appeare, who refused. So Administration was granted, on the fourth of July 1660. to the said George Carew, with the Will annexed.

Then Mr. Iohn Madden of Westminster, addressed himselfe, to Mr. Carew, to be satisfied a Debt of 1000. Pound, due from Sr. William Courten, upon a Judgment obtained in the Kings Bench Court, in the name of Henery Bringhurst, (Mr. Maddens Father in Law) in the yeare 1625. which very much surprised Mr. Carew, in regard he had some Land lyable thereunto: Wherefore he agreed with the said Madden, to have the Debt assigned unto him, that others might pay their proportions, who had any of Courtens Lands. Whereupon Richard Dowdeswell an Atturny, and Steward to the

Lord Coventry, maliciously combined with some other Persons to que∣stion Mr. Carew, concerning the said Judgment, and also to joyne with William Courten the Grandchild, to question Mr. Carews administration of Sr. William Courtens Estate. And in order thereunto brought an Informa∣tion against Mr. Carew, in the Crown Office, pretending that he fyled the Declaration, and Bayle Irregularly, that was to warrant the said Judg∣ment: which upon a full hearing, in Court, and the verdict of twelve able sufficient men, Mr. Carew was acquitted, and found not guilty.

Soone after Mr. Carew brought his Actions against the said Dowdeswell, for Conspiracy and Slander, who insisted upon his Priviledge, as a Member in Parliament, to avoyde any appearance; whereupon Mr. Carew posted him (upon the Pillory, in Worcester, and severall other market-towns, in the said County, where he lived) for a false Accuser, a Lyer, and a most malicious person, that durst not appeare, to justifie himselfe, or his Actions. And William Courten the Grandchild, upon Mr. Carews Ap∣peale to the King, in the Case of his Administration, (whereupon a Com∣mission under the Great Seale of England was awarded, to Deligates) The said Courten personally appeared, before the Judge of the Prerogative Court, and there openly agreed, and consented unto Mr. Carews Admi∣nistration, and was also present in Court, to see the same ratified, and Ju∣dicially confirmed accordingly: All which proceedings, remaines upon Record. and were very well known, both to the Boudaens, and Rextoot, who notwithstanding were so audacious, most falsely, maliciously, and impertinently, to alledge the contrary, in open Court, before the Magi∣strates of Middelburgh, on the 20^th of February 1675. where exemplifi∣cations of the said Records, were extant, to manifest the same.

Sr. William Powell Baronet, having administration of Sr. Paul Pyndars Estate, as a Principall Creditor, he applyed himself to Mr. Carew, in the yeare 1662. for satisfaction, of the Money, that Sr. William Courten was indebted to Pyndar, but he refused to prosecute joyntly with Mr. Carew, against Pergens, or the East-India Company of the Netherlands, for the Damages concerning the Ships, Bona Esperanza, and Henry Bona Adventura, although Mr. Carew was a Creditor to the Estate of Sr. Paul Pyndar, and also had Sr. Edward Littletons Equitable Interest in the said Ships. Where∣fore Mr. Carew was necessitated to comply with Sr. William Powell, and Mr. Iohn Whitfield, either to pay them, 2500. pound Sterling, in ready Money, to assigne the Administration, or to acquit his Prosecution, that he had begun at the Hague, for those Ships, upon the Kings recommen∣dation.

Then upon Sr. William Powells resignation, Letters of Admini∣stration, were de novo, granted on the 21^th of March 1661/3. to Mr. Carew, and afterwasds confirmed by decree in Chancery. Whereby Mr. Carew became Legally intituled in right of himself and other Creditors, unto all the Goods, and Chattells, Debts, and Credits of Sr. Paul Pyndar, un∣to whom Sr. William Courten died indebted Thirty thousand Pound Sterling, and upwards: Yet the Sons of Peter Boudaen, and Rextoot, had the impu∣dence to pleade, and publish in Print, that Mr. Carew hath no just pretence to any part of S. William Conrtens Estate, or any quality to administer the Effects thereof, and also, that all his Estate was gotten by false Actions.