justifie their processe of Amboyna even to the face of his Majestie which are their owne facing words although the same parties at their first arivall in Holland kept themselues close and were not â—owne where to be found when the Ministers of this state sought after them Which bold face being put vpon this bad matter hath so farre countenanced the same as that some of our owne Nation there allied to the Dutch â—â—ue in private stept vp in defence of the sayd barbarous butchery and seeme at least to thinke the matter aggravated above the true desert Wherefore least the poore innocent English that haue already suffered so many and so grievous â—â—rtures and afterwards a reproachfull death should now â—â—aine after death suffer in their good names also which is or ought to be dearer then life it selfe least also the English East India Company that haue likewise suffered too many indignities and such damages from the Dutch should seeme to haue made a great cry without as just a cause They now finde it high time to vindicate their owne reputation and the fame of their innocent servants and Country-men by accquainting the world with the true state of the businesse as also to defend and maintaine their former true relation from the exceptions taken against it by 〈◊〉 following Remonstrance of the Dutch And because the Acts of the processe of Amboyna are often mentioned as well in this Remonstrance as in the Reply therevnto the same also are inserted betweene both to cleare the relatiue passages on both parts ⸪ A REMONSTRANCE of the Bewinthebbers or Directors of the Netherlands East India Company lately exhibited to the Lords States Generall in iustification of the proceedings of their Officers at Amboyna against the English there Translated out of French High and mighty Lords THE Directors of the vnited Company and Society of the East-Indies did in the moneth of Iuly past present vnto your Honours a Deduction concerning that which was past in the Prouince of Amboyna and of the execution there made in March 1623 with a prouisionall answer of the Obiections which then were made and knowne against it But where this Cause by that meanes could not be ended and for as much as daily there are found spred abroad great Bruits against that which is mentioned in the Deduction aforesaid therefore the said Directors in regard of their charge and office as also for the defence of their Seruants so farre as reason permitteth and not to be thought destitute and naked of good defence yea that they may not leaue the matter for condemned as diuers haue spred abroad and gladly would make the world beleeue cannot forbeare to make after due reuerence this more particular Instruction in forme of Remonstrance vnto your Honors In the first place then the Directors doe yet persist in their said Deduction because the same may serue to giue light to the whole cause And considering the waighty and infallible Inditia and euidence that preceded this discouery of the Treason of certaine English yea the same being notorious as also the proceedings which haue legally and according to Law passed against the Confederates as appeareth by the Iudiciall Acts signed as well by those which were examined as by the Councell of Amboyna which is a Colledge admitted and sworne and against which no proofe much lesse any vaine and friuolous suspition should bee admitted They the Directors absolutely beleeue so long as they see no more to the contrary that the said English Conspirators and other Confederates which were in our seruice were well apprehended and the fact in our opinions so well proued according to Law and the vse custome in such case obserued the proceedings haue been leg all in pursuir therof the punishment which they haue sustained was inflicted according to the common Law with good moderation of the rigour of Iustice with clemency Notwithstanding there haue beene many Writings and Deductions as the Directors vntill this time perceiue and discouer sowed and spred against this cause as well in England as in these parts among which for as much as we know the first is a summary of Newes out of Letters dated the 10 of Iune 1623 written by the English Factors at Batauia which immediately will be iudged by euery one who neuer so little and superficially shall reade the same to be full of passion contrary to the Truth and without any proofe For first the proceeding by the Iustice at Amboyna vpon the Confederates there is blamed therein and by preiudication called an vniust Murder wicked and barbarous the fashion and manner of the racke or torture likewise described and exaggerated with great vehemency and passion And also it is not true that therein is said that the other Indians besides the English confederates in the fact were Seruants of the English Company whereas it appeareth otherwise to wit that the Indian confederates were Seruants of the Dutch Company as is well knowne to be true and yet this writing hath taken great place amongst great and small and hath beene showed as a patterne or modell whereupon the other griefes haue beene formed against the said Iustice of Amboyna Vpon which incontinently followed a more large and ample Writing called The true Relation of the cruell and barbarous torture and execution committed by the Flemings vpon the English in Amboyna In the Introduction whereof proceedeth impertinently a description of Amboyna and of the Garison and force of the Dutch in the same place and this onely to the end as appeareth to show thereby that there is no appearance that the English should consult of the taking of the said place as a thing impossible As if by reason of the small vnderstanding and simple foundation which the Conspirators had to put their designe in execution and in effect omitting all other accusations they had not in any kind merited and deserued any punishment the contrary whereof appeareth to be practised daily in the like crimes And to cite this presumption vnto the annihilating of a truth so notorious and proued and against the proper confessions of the executed and other Confederates against the conscience and testimony of so many honest men and of credit which haue beene imployed in the cause and against a Colledge of Iudges publicke and sworne this cannot in any manner be admitted receiued nor had in consideration by such as haue vnderstanding in these affaires But to the contrary and besides all the reasons aforegoing the Dutch Company hath made it to appeare by good proofes that the English to the end to diuert and get forth of the Castle the forces of the Dutch had in the Countries and Ilands therabouts stirred vp induced and caused to rebell all the Ternatanes Ceraniens and the Indian nations bordering there openly and by publicke violence to make such vnaccustomed outrages vpon the Subiects of the Castle that the Gouernor might be constrained to goe forth from thence with all his forces
thing by the voluntary confession of the said Beomont against the intent of the English principalls should not further be discovered and confirmed Fiftly concerning the persons which were imployed as Iudges in the cause of Amboyna in the matter of the condemned and specially the Governour Van Speult because hee is best knowne they are such that there cannot be any the least suspition or doubt of them that they had wrongfully or without sufficient ground caused the English to be accused or ill handled or much lesse to bee put to death if they had not beene found really in fault worthily to haue deserved the punishment the Governour Van Speult being held for an honest man of credit and fearing God by all those that haue conversed with him and by consequence there may not bee admitted such a contrary suspition of his impious and maligne proceedings In the fift place concerning the Torture of Water which the Dutch haue alwayes vsed in the Indies as the most assured and civill which is not a torture so rough and dangerous as the tortures which are ordinarily vsed in this Country and throughout Europe which are farre more severe and dangerous then that of Water whereby the health of the person cannot any way be offended nor the membrs lamed or bruised All which things aforesaid in representation and maintenance of the truth in this case and which further might be in conformity of what is aforesaid represented by the comming and arriving of many other persons out of the Indies who also haue knowledge of that which passed at Amboyna May it please your Honors to take into consideration and to consider whether there bee not sufficient matter and cause given to the English East Indian Company for to leaue and remit the fault vnto them who were the authors and practisers of this abominable conspiracy of their owne misfortune which they thus drew vpon themselues and not to defend them and aggravate against the Iudges of the Dutch to which end the Directors in defence and maintenance of their Officers and vnblameable Ministers in the East Indies aforesaid cannot omit to beseech your Honors that the cause may not bee precipitated but that covenient time might bee given and granted for a more exact research if need bee of the truth yea in all to grant them such protection as all good Subjects and Patriots of the Vnited Provinces are to attend from your Honors in equity and justice For now can this businesse be so inverted that in stead of the dishonour and blame which ought to dwel vpon the Confederates on the contrary now they will blot and smother the truth of the thing and to accuse and charg the Dutch Officers as if they had had no honesty or conscience which cannot bee presumed of substantiall people of good renowne vpon any either voluntarie though not true or suborned and false deposition of such as may not be admitted to testifie in their owne cause against the judiciall Acts of a Colledge of Iudges sworne and in so great a number which haue of a long time beene so imployed when it appeareth not otherwise by any other legall proofes The intention of the Directors never was nor yet is to maintaine any injustice outrage or imposture if in these proceedings there were any vsed but as long as it appeareth not clearely as it ought in this case against a Colledge and against a cause judged nothing else vnder reverence can be done in the businesse but to grant time for to make more exact and serious search if need be and that by the authority and intervention of your Honours as it shall appertaine all mis-vnderstanding contrary Deductions and ill expositions griefes and designes may cease and bee surpressed vntill such time as the contrary may if need bee appeare The said Defences are such in our opinion as vnder reverence this ought to be done And although it were so that the cause of the English against the Iudges of Amboyna seemed wholly to be cleare and proved which hitherto hath proved to the contrary neverthelesse the proceedings of the said Iudges may not in any wise be condemned as touching the substance thereof without hearing the Iudges themselues whom the cause properly toucheth and concerneth and not the Directors who onely mediate for as much as according to the information and knowledge which they haue of the cause it seemeth to them to be in effect just and faire and therefore the humble remonstrance or representation and prayer of the Administrators or Directors haue ever beene that it would please yours Honours to giue and grant covenient time for the inquiry information and re-search of the businesse vntill such time as the ships of Batavia shall be arrived here to the end that the matter may more plainly and truely be discovered and knowne and without doubt there will come and be transported therein from thence some that will neutrally and in such sort maintaine vnto your Honours the particular informations of the proceedings passed in Amboyna that they may be wholly beleeved and received as at this present there is come and fallen out by the comming and returne of M. Fredericke de Houtman chiefe Councellor of the Indies and ancient Governour of the Isles of Molucques who hath deposed and by oath testified the points in manner as they are recited and related in order as aboue which bringeth not a little light in this cause but may wholy tend and turne to the overthrow of all contrary expositions and calumnies which heretofore haue beene vsed and set forth with such differences and vehemency wherby we hope that your Honors will in all points and that with equity right and reason giue and cause to be given such content that all discontent at least by provision may cease vntill such time as the whole truth may more and abundantly come to light by advice from the Indies to the full satisfaction of those whom it toucheth or concerneth For may it please your Honors to know and vnderstand that the best and most pertinent and true knowledg of the businesse must come from the Province of Amboyna to Batavia and from thence hither Notwithstanding so it is that since the departure of the Pinace called the Hare from Batavia which was in the beginning of Ianuary 1624. by which the first notice of the execution was brought vntill the departure of the last ships which also came from Batrvia there is not nor cannot haue come any newes from Amboyna to Batavia concerning this businesse because the winde called the Westerne Moussons blow continually from November vntill Aprill And for to come from Amboyna to Batavia an Easterne Mousson is necessary and that beginneth first in May so that without that it is a thing impossible to send or get any advice or ships from Amboyna to Batavia We hope also that your Lordships will finde this reasonable and that due and reasonable time required shall be granted and permitted in justice for
any time specified them If there be none other proofes besides the meere confessions as other the Acts doe not so much as mention why then are proofes and confessions here distinctly acumulated as if there were any other proofes besides the said confessions As for the conscience and testimony of those that managed the Processe being a publique and sworne Colledge of Iudges it is not at all to be reckoned of when it appeareth that they haue not proceeded according to the Law And if this plea might be admitted no Iudge should euer be found guiltie of Iniustice Further if the very qualitie of the Iudges be considered it will rather hurt then helpe them there were none amongst them that had any ordinary knowledge in the Law whereby they vndertake to judge causes besides their young yeares and wicked liues which if it were pertinent to the cause in question might be set forth by many speciall instances But if they were neuer so learned experienced or well famed yet that would not auayle when they haue proceeded against the prescript of their owne Law to say nothing here of the treatie as they are sufficiently prooued to haue done But this Remonstrance not trusting to this Answere in slighting the improbability and impossibility of the fact as not worth the considering yet for all that in the next place laboureth and sweateth to make the fact seeme probable and possible the contrary whereof in vs that hold the contrary part it reiecteth as impertinent Is it impertinent for vs to shew the improbabilitie and impossibilitie of the fact and yet pertinent for them to shew the contrary probabilitie and possibilitie But let vs see and consider their presumptions First they say they haue already proued that the English for a diuersion of the Dutch Forces in the Castle had inuited and induced all the Ternatans Seranians and neighbouring Indians to rebell and doe violence to the Dutch that when the Dutch Gouernour should haue drawne the maine of his Forces of men and shipping that way then the English might with ease take the Castle so emptied and denuded of her Forces How vaine this point is is already manifested in the Answere to the Dutch Relation And as for the proofes here mentioned there is in all the Acts not so much as any offer made of any proofe of this point But it is worthy againe to be noted that here the deuice and Scene is changed For where in the Dutch Relation it is said though no where prooued that the Ternatans of Loho should haue come with their Curricurryes to assist Maister Towerson at Amboyna and that the Dutch Gouernour must haue beene killed there in the Castle by the Iapons now he must be gone with all his Forces out of the Island to tame those Ternatans and the rest of the Seranians neighbouring Indians that the English might surprize the Castle in their absence As for the shippes of the Dutch which now also must haue beene absent it is well knowne that the seruice here pretended would neither need nor could haue vse of their great shippes but onely of Currycurries and small Vessels which also the Dutch after vsed leauing their great shipping in the roade by the Castle The strength of the Dutch thus extenuated in the next place the Remonstrance pursuing the argument of possibilitie amplifieth the Forces of the English And first it deliuereth that the English had a great number of slaues in their Factories which great number is already truely confessed in the answere to the Dutch Relation to be iust sixe and all boyes Next it is added that they would also haue stayed their actuall attempt of the Castle vntill some English shippes were arriued there which point is also at large refuted in the said Answere Thirdly here is alledged that Maister Towerson had giuen charge vnto his other English to haue daily laboured and wonne by vnder-hand practize other subiects of the Dutch thereby to augment their owne partie and to weaken the strength of the Dutch Of which point as there was no probabilitie so in all the Acts there is no shadow of proofe thereof made or so much as endeuoured how euer now the desperate cause requireth the helpe of so grosse a fiction Fourthly which is vaunted for the principall argumeÌ„t it is here seriously obserued that the Castle should haue beene surprized by treason and not by siege and so like enough the English though but few might by this meanes doe wonders A very poore note as if the English Relation had cited impossibilities by way of siege and not as well by way of trechery But besides that this argument beggeth the maine question to wit that there was indeed such a treason was there euer any such treason or stratagem practized in any Countrey to surprize a Castle by a small force without a competency of seconds to make good and hold that which was so entred and possessed Yet this argument is further enforced not onely by the opportunitie that the Iapons had to betray the Castle themselues seruing as Souldiers therein but also by the extraordinary valour ane hardinesse of that Nation set forth by two seuerall Apochriphal Legends of strange feats of other Iapons without specifying of the number of them that performed these wonders but leauing a blanke to helpe the tale at their pleasure But let it be granted that the Iapons are all Gyants and had opportunity being trusted yet is it likely that the Dutch Gouernour in his expedition here supposed against the Rebells of Seran and the other Indians would haue left such Worthies idle in their Castle at home and not haue taken them with them according to their Custome Would they haue withdrawne their Dutch and trusted such strangers with their Castle being yet so suspitious of them that they would torture them for asking an ordinary harmelesse question O miserable presumptions And yet here we haue all the particulars that are alledged or could be inuented In the next place the Remonstrants returne to the answere of the English Relation finding themselues grieued that their Councell of Amboyna is charged to haue forged this crime against the English thereby to be ridd of their company and so to enioy the trade there alone For their purgation wherein here are diuers arguments alledged As first that if they had not liked their company there it had beene easier and fairer to haue kept them out when they were out then to haue so cast them out after their admission of them by the Treatie Ann. 1619. And God forbid saith the Remonstrance that any should vse such wicked and bloudy meanes for so poore an end as onely to driue the English out of Amboyna It is true ordinarily Turpius â—ijcitur c. It is more discurtesie to turne out a guest then at first to deny him entertainment But sometimes there may be such a necessitie as that a man must needs for avoyding of a greater inconuenience entertaine the guest
euident that there is a great difference of the stuffe betweene the Iudges of Amboyna and all other Iudges in the parts of Christendome yet the honesty and credit euen of the best Iudges is no sufficient defence for them against such apparant proofes of Iniustice as are extant in this cause euen in the acts of the Processe it selfe as is before declared For the Iudge that in his Processe obserueth not the order prescribed by the Law is reputed as a priuate person Otherwise indeed the Iudge is not without proofe to be presumed to haue done vniustly but this will not serue these Iudges Neither is any partie accused to be presumed guiltie without Indicia or euidence but euery man to be presumed good vntill the contrary be prooued Which should haue mooued those Iudges of Amboyna to haue beene tender and carefull in the Indicijs that were made the pretexts to torture the first Iapon and not to torture a poore man for asking an vsuall and harmelesse question yea and needfull in the place of his seruice as is shewed in the answere to the Dutch Relation Much more ought they in this respect to haue beene tender of taking the extorted confessions of the Iapons for a sufficient Indicium against Maister Towerson not onely in regard of his qualitie as being the Agent and Cape Merchant for the English there but also of his innocent and harmelesse yea godly behauiour at Amboyna and all his life before For as he was a man of note and knowne to most men of his qualitie here in England so all that knew him especially that were well acquainted with him whereof there is no small number ioyne and iumpe in this one opinion commendations of him that he was of a most faire condition and sweet disposition harmelesse and without spleene or gall and in a word the vnlikeliest Englishman that euer went into the East Indies to be a plotter or practiser of such a fact as he was condemned of The Remonstrants hauing thus finished their answere to the English Relation affirme that by their deduction of Iuly and this answere they haue sufficiently iustified the proceedings of their Officers at Amboyna neuerthelesse ex abundanti they produce further euidence out of an attestation of Signeur Houtman their late Gouernour in the Moluccoes Which because it is afterwards againe repeated in seuerall Articles shall be there with the rest answered In the meane time they appeale to the Lords States generall whether they haue not by all this giuen sufficient satisfaction and cause to the English Company to abate and let fall their suit leauing the blame vpon the Authors of this abhominable conspiracie as they call it and of their owne misfortune Neuerthelesse not daring to goe to tryall of the maine cause vpon these their allegations and proofes they pray that there may be no precipitation vsed but a fit respite granted them for the exact enquiry of the truth in the Indies and that in the meane time they may haue the protection of the Lords States and all misunderstanding and contrary deductions may cease at least prouisionally For put case say they that their Officers be truely guiltie as the English pretend yet they must be heard before they can be condemned And in their opinion say they the ground of the Conusance of this cause must come from Amboyna to Battauia and thence hether and time conuenient being giuen there will doubtlesse come daily more and more cleare proofes and light in the cause As for themselues they at last plainly confesse that they cannot answere the obiections and circumstances alledged and proposed but that this must and can be done by them onely whom the cause toucheth and concerneth to wit their Officers at Amboyn◠Here they renounce all the defence and iustification which they haue alreadie made as impertinent and insufficient They might haue done well then to haue spared all this labour and at first to haue left the cause to them whom it concernes as the English Company by their Letters requested them As for precipitation in the cause the English Company require none But because the Acts of the Councell at Amboyna themselues containe all that can be legally pleaded in iustification of the Officers for if in them there be no iust ground of the condemnation and execution of the English all superuenient proofes come too late to excuse the Iudges euen by their owne Lawes therefore the English Company presume and maintaine that there is already ground sufficient out of the same Acts and out of the Treatie whereof this Processe is a plaine breach for the Lords States generall by an Act of State publiquely to declare the Nullity and Iniustice of the Processe But for the iudiciall proceedings against the particular persons that haue cōmitted this vnparareld Iniustice there may be such order and course taken as his Maiestie and the Lords States shall finde the nature of the cause to require Wherein also the greatest care and expedition that can be vsed for the apprehension of the parties will be no precipitation considering the manifest proofes of their Iniustice appearing in their owne Acts as is before declared Hauing finished their prayer to the Lords States generall to the effect aforesaid the scope and drift of all being onely for Dilation and respite in the cause yet as it were repenting them of their former reare and declination of a present tryall they come on a fresh with new proofes which they affirme to be so strong and vigorous that they are of power more then sufficiently to giue their Officers an entire discharge and to confound their Aduersaries and that without helpe of the points before alledged And to make good these great words they produce eleuen seuerall Articles taken by deposition of Laurence Maerschalck their late Cape Merchant at Amboyna and now returned into Holland and sworne to the same Articles before the Senate of Delfe the 4. of Nouember last stilo nouo whose name in this Remonstrance they conceale Next they annexe the report and deposition of Signeur Houtman their late Gouernour at the Moluccoes before mentioned And in the last place they repeate some points already by them alledged in this Remonstrance and so shut vp their whole Worke. For the testimony of Maerschalck it is to be considered in the generall that he is a partie being the second man of the Councell of Amboyna and therefore what is before said against the whole Councell falleth vpon him in his particular with more enforcement Neuerthelesse this protestation against his incompetency to be a Witnesse in this cause being thus premised wee will peruse and examine the particulars of his Attestation yet with this leaue a little to inuert the order of the Articles but without preiudice of the substance of them thereby to take all the matter of one nature together to auoyd prolixitie and needlesse repetition of the same thing in diuers parts of the answere The first second and third