A Brief deduction of the case between George Carew Esqr. administrator of the goods and chattels, rights, debts and credits of Sr. William Courten, knight deceased unadministred with his will annexed, plaintiff and [I]acob Pergens, bewinthebber of the West-India Company at their chamber in Amsterdam, defendant : as it was delivered in low-Dutch to the scheepens and iudges in Amsterdam, in the month of October 1676.

A Brief deduction of the case between George Carew Esqr. administrator of the goods and chattels, rights, debts and credits of Sr. William Courten, knight deceased unadministred with his will annexed, plaintiff and [I]acob Pergens, bewinthebber of the West-India Company at their chamber in Amsterdam, defendant : as it was delivered in low-Dutch to the scheepens and iudges in Amsterdam, in the month of October 1676.

Table of contents

A brief Deduction of the Case between George Carew Esqr. Administrator of the goods and chattels, rights, debts and credits of Sr. William Courten, knight deceased unadministred, with his will annexed, Plaintiff. And Jacob Pergens, Bewinthebber of the West-India Company at their Chamber in Amsterdam, defendant. As it was delivered in Low-dutch to the Scheepens and Iudges in Amsterdam, in the month of October 1676.

Advertisment of Right.

A Memorandum.

[Page]

A brief Deduction of the Case between George Carew Esqr. Administrator of the goods and chattels, rights, debts and credits of Sr. William Courten, knight deceased unadministred, with his will annexed, Plaintiff. And Jacob Pergens, Bewinthebber of the West-India Company at their Chamber in Amsterdam, defendant.
As it was delivered in Low-dutch to the Scheepens and Iudges in Amsterdam, in the month of October 1676.

1. SR. Iacob Cats late Pensionaris of Holland, Iohn Corcelis and others became bound by their writing obligatory at London, dated 29 Iuly 1631 unto Sr. William Courten in the Penalty of 3000 pounds for payment of 2080 pounds to the said Sr. William his Executors or administrators according to the Laws and Custom of England.

2. In the year 1636 the said money continuing at interest, Sr. William Courten died indebted to many persons, and left William Courten his Son and Heir his sole Executor.

3. In the moneth of September 1643. the said William Courten became insolvent for his own debts, and absented himself from his Creditors.

4. On the 31 of Octob. 1653. William Courten at London assigns the said Obligation of 3000 pounds to Iacob Pergens, upon pretence of an old debt due to the said Pergens from Sr. William Courten, and gives him procuration to sue for the said money accordingly.

5. In the year 1645 Iacob Pergens summoned Sr. Iacob Cats before the Provinciall Court of Holland, and instituted his Process for the said debt and dammages.

6. In the year 1647 Iacob Pergens (during the Civill warrs in England) procured Letters from the late King to the States Generall and the Prince of Orange in favour of himself against Sr Iacob Cats, and the East-India Company.

7. In the year 1653. Iacob Pergens gave 400 pounds to the Comissioners concerning Banckrupts to release their right to the money due from Sr. Iacob Cats, and to assign their pretence unto Pergens salvo jure of other men.

8. In the year 1655. depending the said process against Sr. Iacob Cats, William Courten the Executor died in Florence intestate.

9. In the year 1660. Letters of Administration of Sr. William Courtens Goods, debts and effects unadministred by Will. Courten Esquire (with the Testament annexed) were granted by the Prerogative Court of England to the said George Carew.

10. In the year 1661. the Provincial Court of Holland pronounced a Sentence in favour of Iacob Pergens against the Heyrs of Sr. Iacob Cats, who appealed to the Supream Court of Iustice at the Hague, from the same.

11. In the moneth of May 1662. George Carew Exhibited his Request unto the High Court, and intervened in the said Cause, praying that his right might be preserved according to Law; and in consequence thereof, that the Heirs of Sr. Iacob Cats might be ordered to pay the money to him in right of his Administration; and that Iacob Pergens should be likewise enjoyned to deliver up the bond as an unadministred Effect of Sr. William Courtens Estate.

[Page]12. Whereupon Iacob Pergens refused to answer unto the principall demand, but made his Exception in writing, that he was a Burger of Amsterdam, and ought to be impleaded before his Competent judges there, notwithstanding he dwelt then in the Hague.

13. After severall pleadings, repliques, duplicques and advertisments of right with severall advices upon the case transmited from the Judges of England to the said High Court of Iudicature; the Lords nevertheless admitted the exception of Iacob Pergens, and renvoyed Carew before the Scheepens of Amsterdam with Compensation of Costs.

14. On the 6 of November 1663 George Carew cited Iacob Pergens before the Lords of Amsterdam and exhibited his request, as aforesaid, for the recovery of his right, desiring a precise day as a stranger. Yet the Scheepens ordered the process to be written by demand, answer, replicque and duplicque: as by the acts of the Court inventaried appears.

15. However on the 34 of October 1664 the High Court at the Hague proceeded to a Sentence in favour of Mr. Pergens against the Heirs of Sr. Iacob Cats. Whereby the Lords ordered them to pay the money with interest, and Charges to the said Pergens, which amounred unto 4200 pounds Sterling: And directed Pergens to assign the said bond with power to sue the other obligers. Although the Iudges of England had intimated Mr. Carews right, to the said high Court, and subscribed the same before Major Wright and Iohn Daniel two Publique Notaries in London.

16. In the years 1669 and 1670 Mr. Iames Boeve sollicited the said Process and caused the writings and papers on both sides to be inventaried and exchanged by the Procters Francis Meerhout and Arnold Vingbooms: then by a contrivance between Pergens and the sons of Peter Boudaen, Iames Boeve was arrested at the Hague upon a vexatious action out of the Admiralty of Zealand, which they bought purposely to trouble Mr. Boeve: whereupon he was detained a Prisoner, and so obstructed the prosecution in this Cause some time longer.

17 In the year 1672 Mr. Carew arrived at Amsterdam and desired his Advocate Mr. Paulus Buys to draw an Advertisment of right to be delivered over with the pieces and papers to the Lords, which was retarded yet longer by reason of the warr with England, and Mr. Carews detention in prison at the Hague upon pretence of being an Enemie to the countrey for demanding common justice.

18 In the moneth of May 1676 Mr. Carew arrived again at Amsterdam, and applied himself to Advocate Buys to make an advertisment of right, that the Sentence might be pronounced thereupon; who refused to serve any longer in the Cause, pretending that he had married a kinswoman of Mr. Pergens; yet demanded his Salarie of 116 Gilders for perusing the papers drawn by Advocate Caw and others, (yet▪ no disparagement to Mr. Buys his abilities) although he never pleaded in the Cause.

19. In the moneth of August last Mr. Paulus Buys and Arnold Vingboom summoned Mr. Carew before the Magistrates at Amsterdam, for their respective Salaries, and arrested his Goods for the same: whereupon the Lords condemned Carew to pay their demands accordingly: Mr. Buys having interdicted all Others to serve in the Cause before he was paid.

20. Then Pergens and Boudaens having published a scandalous Book against the Procedings of Carew and Boeve, it was answered by another Book, many whereof they caused to be taken away by Inglebreght the under-Scout of Amsterdam from Stephen Swart, A Bookseller near the Exchang by order of the president Scheepen, as Inglebreght pretended.

21. In the moneth of September last Mr. Carew having then gotten his papers and writings from Mr. Buys and Vingboom, paid them both their Salaries and proceeded to the advertisment of rights: following upon which he craves the Iudgement of the Honoerable Lords the Scheepens.

[Page]

Advertisment of Right.

1. THe said George Carew appointed Administrator of the Goods, Rights and Credits of Sr. William Courten, as aforesaid, stands obliged by the Laws and Customs of England, to Exhibit a perfect Inventarie of the Goods and Effects upon Oath, and faithfully to administer the same, giving preference onely to the King, and to such Creditors as have obtained decrees or judgments for their debts, (as severall have done in the Courts of Record at Westminster.) Therefore all obstructions that are made to hinder the said Carew in the due Execution of his Administration, are destructive to Mutuall Society, and Commerce.

2. Admitting that Jacob Pergens was bona fide a Creditor of Sr. William Courten, as he alledgeth by an Obligation of 1500. pound, dated the 12. of March 1634. for payment of 1000. pounds with interest, the Copy whereof being mentioned in the Inventary marked with the Letter F. Yet he must come in Concurrence with other Creditors, who would otherwise suffer great prejudice, against the rules of Equity; Sr. William Courten dying indebted 100000 pounds and upwards to many Orphans and Widows, which are yet unsatisfied, besides a particular debt of 35000. pounds to Sr. Paul Pyndar, wherof two third parts are yet owing, as appears by an Authentique Writing marked with the letter M.

3. As soon as William Courten the Executor died, the debt of Sr. Iacob Cats became an unadministred Effect of Sr. William Courtens Estate, and must be so inventaried. The rule in Law both in England and all other Nations is positive, quòd actio personalis Moritur cum persona. Vide the severall advices transmitted from the Iudges of England to the supream Court of Iudicature at the Hague under the letters C. D.

4. The Sentences pronounced by the Court of Holland and the supream Court of Iudicature at the Hague are erronious and have a nullity in themselvs, as acts coram non judice after the death of William Courten the Executor, who could not by the Law of England transport or assign any of his Fathers Obligations. Vide the Judges opinions and advice aforesaid.

5. That in all originall Obligations and Contracts between man and man, right must be done according to the Law of the Land, where such Contracts and Obligations were first made.

6. If the Laws of Holland should not be admitted to take place in England upon Dutch contracts made in the United Provinces, it might be of dangerous consequence to the Subjects of the States Generall, whose Moneys and Estates doe often fall or come into the hands of English-men.

7. The Commissioners upon the Statutes concerning Banckrupts had no power or Authority, by force of the Statutes or their Commission to intermeddle with Sr. William Courtens Estate, which must be appropriated unto his own Creditors, and not applyed unto the Sons debts: nemo plus juris in alium transferre potest quam ipse habet. Vide the Iudges advice, u [...] [...]upra.

8. Every man is bound to take notice of another mans right, that intermeddles in any thing which concerns that mans property.

9. An Heir or Executor unto any person that dies indebted in England can have no quality to dispose the Goods of the deceased but as the Law directs. And without a Commission from the Prerogative Court no Executor or Administrator in England can Legally intermeddle with the Goods of the deceased.

10. William Courten Esquire possessed himself of his Fathers goods under the benefit of an Inventary, and he that hath received any of the Estate contrary to Right and Equity is responsible to make restitution thereof to the right proprietors.

[Page] 11. Letters of Recommendation from the late King, or any Treaty of Alliance, cannot create a right, or alter the property of any particular Estate: the Law must determine that point.

12. Wherefore all the subterfuges of Iacob Pergens in his answers duplicques and papers produced in this Case having no force of reason or strength of Arguments in them to hinder Carews right: The Plaintiff humbly desires the Iudgement of the Honourable

Mr. David de Wilhem.

Hendrick Becker.

Mr. Cornelis Cloeck.

Joan Appelman.

Mr. Everart Scott de Jonge.

Dr. Dirk Boelensz.

Lieve van Loon.

Jan van Dijck.

Mr. Jacob Popta.

Present Scheepens, that is, Sheriffs of Amsterdam, according to the Merits of his Cause; and prayeth that he may have his Costs and Dammages sustained, in the forbearance of his money and the prosecution of this Cause.

A Memorandum.

For the more abundant Satisfaction of all Persons concerned, the fraudulent practises of Iacob Pergens are here discovered, who was born at Cologne in Germany, bred up in London, made a free Denizon of England, lived some years a Porter in Middelburg, having first married Old Peter Boudaens Sister, and afterwards came to be a Burger of Amsterdam, and a Bewinthebber of the West-India Chamber there.

1. BY a Sentence of the supream Court of Iustice at the Hague on the 16 of March 1666. an action is reserved againse the said Jacob Pergens for 691 £ 16s 7d Sterling Money paid unto himself by James Boeve in the years 1635 and 1636 out of Sr. William Courtens Cash and the Companies, more then was received of the said Pergens. Vide the Sentence between Boeve and Boudaenmarked. A.

2. On the 22 of February 1648 five years after William Courten became insolvent, and seven years after he had assigned his Ships and Goods in the East-Indies to Sr. Edward Littleton and Sr. Paul Pyndar, Jacob Pergens (having knowledg thereof) took another assignment at the Hague in consideration of his pretended debt, and Covenanted to refund the overplus to such persons as should have right to demand the same. vide the Notariall Acts marked B.

3. That in Pursuance of the said Assignment Jacob Pergens received 85000. gilders of the Directors of the East-India Company on the 18th of Septemb. 1649. as appears by the Act marked C.

4. That Jacob Pergens having made an Attestation on the 23. of Ianuary 1675. concerning a bond brought in reconvention towards ballance of accounts in a Process between Carew and Boudaens, an authentique Copy being required by Mr. Carew of Mr. David Doornick, Pub [...]e Notary in Amsterdam where the Attestation was made, Pergens interdicted Doornick from delivering it. And Carew having cited the said Doornick before the Scheepens, Pergens arres [...]ed the Copie of the said Attestation in Doornicks hands after Carew had tendred him Money for it, and so would continue Process in Amsterdam ad insinitum. Vide the Acts of the Vierscha [...] marked D.

5. That Jacob Pergens and some of his Friends are so abominably wicked and absurd, to report, that the States of Holland will protect him from Rendring any account for the 85000 Gilders in the ordinary Courts of Iustice, upon pretence of Some treaty between the King and the States; And so would indeavour by forced interpretations to bring an Odium upon his Majestie and the States Generall; as if they intended to take away the naturall liberty of any particular Man to prosecute his right in the ordinarie Course of Iustice.

Wherefore any man that hath his Five Senses, and can read his ABC may consider whether it be convenient to suffer the said Jacob Pergens to prosecute his evill designs any longer, that hath done so much mischief already to many Families both in England and Holland.

[Page]

Information about this book

Title statement

A Brief deduction of the case between George Carew Esqr. administrator of the goods and chattels, rights, debts and credits of Sr. William Courten, knight deceased unadministred with his will annexed, plaintiff and [I]acob Pergens, bewinthebber of the West-India Company at their chamber in Amsterdam, defendant : as it was delivered in low-Dutch to the scheepens and iudges in Amsterdam, in the month of October 1676.

Edition statement

1676

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2004-11 (EEBO-TCP Phase 1).

ID [DLPS]

A29436

ID [STC]

Wing C545

ID [STC]

Wing B4566

ID [STC]

ESTC R40763

ID [EEBO-CITATION]

18926686

ID [OCLC]

ocm 18926686

ID [VID]

108471

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Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A29436)

Transcribed from: (Early English Books Online ; image set 108471)

Images scanned from microfilm: (Early English books, 1641-1700 ; 1682:12)

Source

— A Brief deduction of the case between George Carew Esqr. administrator of the goods and chattels, rights, debts and credits of Sr. William Courten, knight deceased unadministred with his will annexed, plaintiff and [I]acob Pergens, bewinthebber of the West-India Company at their chamber in Amsterdam, defendant : as it was delivered in low-Dutch to the scheepens and iudges in Amsterdam, in the month of October 1676., Carew, George, Esq., Courten, William, Sir, 1572-1636., Pergens, Jacob..

Extent

[4] p.

s.n.,. [S.l. :: 1676]. (Caption title.) (Wing suggests imprint: Amsterdam, 1679.) (Imperfect: pages stained with slight loss of print; best copy available for photographing.) (Identified on film as Wing B4566 (number cancelled).) (Reproduction of original in the British Library.)

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