







 
   
     
       
         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.
      
       
         
           1676
        
      
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         A29436
         Wing C545
         Wing B4566
         ESTC R40763
         18926686
         ocm 18926686
         108471
         
           
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             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.
          
           [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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         eng
      
       
         
           Courten, William, -- Sir, 1572-1636.
           Estates (Law)
           Claims against decedents' estates -- Netherlands.
           Claims against decendents' estates -- England.
        
      
    
     
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           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
           .
        
         
         
           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
             .
          
        
         
           
           
             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
             .
          
           
           
             
               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
             £
             16
             
               s
            
             7
             
               d
            
             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
               .
            
          
        
         
      
    
     
  

