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 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 ab∣sent 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 ad∣vanced 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 ordi∣nary 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.

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 spoy∣led 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 vio∣lence; he therefore laid violent hands upon himself and died.

It is very remarkable, that Sr. William Courtens Son and Heire died a fuge∣tive 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 Comis∣sion

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 re∣nounced 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 mat∣ter 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 con∣venient 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 Banck∣rupts, and to bar the issue in taile, of all such Estates, in rever∣sion or remainder, that the said Banckrupts were any wayes pos∣sessed 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 set∣led 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 up∣on 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 Con∣tracts 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 im∣powred 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 de∣ceased.

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 in∣structions 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 vexa∣tions.

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 continued Knights in Devonshire and Corn∣wal ever since the Conquest.

That my great Grandfather setled himself at Wickham Brooke, in the County of Suffolke, at the desire of his Wife, where he purchased 800. pound per annum to be neare her Relations.

That my Father was educated at Oxford, and had his own Election after he

was Master of Art, to follow what study he pleased, who chose Divinity, and then maried with Mrs. Frances Gosnold my Mother, who was the Daughter of Robert Gosnold of Otley Hall, in the County of Suffolke Esqr. that maried with the Daughter of Robert Forth, of Butley Abby, in the same County Esqr. where those two Families had continued in honor and reputation in the Service of their King and Country 500. yeares and upward.

That at the earnest request of the Aldermen and Common Councel of London, (who were upon the view and sale of severall Lands in Suffolke, which King James had granted for satisfaction of Money, lent by the City) my Father was invited to accept the Benefice of St. Michaell in Cornhill, over against the Royall Ex∣change, where he died, whose memory is very much esteemed throughout the City of London.

That I was the second Son of my Father, after whose death my Mother left me to my owne choyce, either to go to the University, or to follow any other im∣ployment: Whereupon I made severall Essays in the City of London, and spent divers Sums of Money to noe purpose, being averse to Trade. Then I admitted my self a studient of Graeys Inn, where I spent my time during the space of nine yeares in the exercise of the Common Law.

That my first Wife was the only Daughter of William Walton, a Turkey-Merchant, who had lent at severall times to Sr. William Courten and Sr. Paul Pyndar, the Sum of 7000. pound Sterling. And she was (Bona fide) worth 5000. Pound, besides all the Obligations due unto her Father, which were assigned to me by William Walton Esqr. her only Brother, in satisfaction of her right.

That my second Wife was the Daughter of John Cole of Whichampton, Esqr. Principall Register unto Sr. Julius Caesar, that was Master of the Rolls. Her Portion was 900. Pound Sterling, and 80. Pound per Annum in Lands, and Tenements for ever.

That upon the Kings Restauration Anno 1660. I was admitted and sworn one of the Gentlemen of his Majesties most Honorable Privy Chamber, being ac∣tually seized and possessed of an Estate of Inheritance to the valve of 500. pound per Annum, as by the Certificates following all these particulars more plainly appeares.

That all the Obligations under which I claime, and all the prosecutions there∣upon, are matters of Record, and such Iudiciall ••cts, that vindicates my Person and Quality to all the World, as hereafter is also further declared by the very Records extant.

Wherefore the said Advocates, and their Clyants, ought to be condemned in good Dammages, for those Nationall affronts, and personall Injuries, that in other Countries, are not committed without most severe Chastisements.