October 3. the Necessity of the Exchequer then calling for Money from whence soever be∣ing pressing, it was enacted by the States of Hol∣land, that Tutors and Curators without fear of Cavillation or Reprehension might purchase such Rents from the Treasury with their Pu∣pils Money, and to their Peril or Advantage, but yet no otherwayes than that a Decreet of the Court of the Province or Magistrate shovld preceed: And albeit it be soon Answe∣red, that Strangers are not bound by the Laws of the Hollanders; yet it is not absurd, that the power of Tutors being reasonable and li∣mited by Equity be also confirmed by the pra∣ctices of other Nations that have better Cu∣stoms than ordinary. But what difference is there I pray you, whether one purchase a Liferent to a Pupil, and loss the Stock, or at the present Rate of thirteen thousand Merks he redeem the uncertain continuance of a Life∣rent Annuity, depending likewayes on the mortality of the person.
To these it is added, that in the Case pro∣posed the Liferent Annuity it self, if it had continued longer separate from the propriety; yet it could have no way been hurtful or bur∣densome to the Pupil, because in whose hand, while the Liferent right continued, so great a quantity of the price should be remaining by vertue of the express paction, that satisfaction might be made thereby to the Liferentrix out of the Interest of it: So that there may seem to have been no just enough or pressing Reason of transacting. For although it be al∣ledged by the Curators, that there were not remaining but ten thousand of the fourty two thousand retained at the time of the Transa∣ction; nevertheless, seeing that doth not ap∣pear, the Tutors Accounts not being as yet made, it could not at all subvert the for∣mer Reasonings, albeit it could appear never so much, we have been altogether induced to think that the Curators in the present Matter of Fact transacting about the Lifrentrix Annuity, having payed thirteen thousand Merks, without any precedent Cognizance and Decreet of a Magistrate went beyond the bounds of the power of Curators, and did those things which did not belong to the Offiee and Management of a Curator: And so that that Transaction null in Law it self, could bring no prejudice to the Pupil.
But although in rigour of Law this kind of Transaction should be determined to be per∣mitted to Curators (howsoever the contrary hath been abundantly proved) nevertheless Restitution should not therefore be denied to the Minor aguinst the harm and laesion done him by this Transaction; seing great enough yea supine Negligenee, (for it is not lawful to presume deceit in Curators generous by the honour of their Families, if it be not mani∣festly proven either by Witnesses or the Remedy of an Oath) may seem to have been commit∣ted in celebrating it, to wit, that they did not more diligently enquire into the Condition and Health of the Liferentrix, with whom the Transaction was to be made: For seeing Mor∣tality about to come sooner or latter to the Liferentrix, from the probable Circumstances of Age, Weakness, Disease and others, was the only foundation of interposing the Transaction it was oltogether necessary that a curious Inquisition should be made into the Constitution and Health of the Liferentrix Body. Which if it had interceeded, the knowledge also of the Cancer, and from thence the suspicion of Death shorty approaching might have come to the Curators as well as to others: Nor had good Fidelity then suffered them certified to proceed to such a Transaction, with so manifest a loss of the Pupil's Money.
Seing therefore they were negligent in searching out that; it cannot be denied, but