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A31291 A catalogue of the damages for which the English demand reparation from the United-Netherlands as also a list of the damages, actions, and pretenses for which those of the United-Netherlands demand reparation and satisfaction from the English, together with the answer of the English, subjoyn'd to the several and respective points of their demands. 1664 (1664) Wing C1371; ESTC R10634 46,312 82

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fifth sixth Answer 5 6 7. and seventh Articles we think it sufficient for Answer that if their being conscious to Themselves of the injuries done by Them to the Subjects of This Kingdom and yet not honest enough to be willing to make legal satisfaction does fright them from passing with their Ships through the Channel lest they might fall within the Virge of the Law they may Themselves blame their own unreasonable fears but yet to shew the world how unreasonably they would ground a pretense of satisfaction from Vs for their own unjust Jealousies We desire it may be noted that all that they complain of was an attempt of a Legal Proceeding against the two Ships the Henrietta Louisia and L' Estourneau one of which was never Touched with an Arrest and the other released as soon as it was requested During the War that those of Bantam have begun against the said Company Pretense Art 8. against all equity and reason with so much perfidiousness that even the English have been obliged to avouch and testifie as much by their Letters the said Company had no other means to oppose themselves to it and to do them hurt then by keeping their Harbour and City surrounded and besieged with a Fleet of Men of War and to hinder their Trade and that there should not go in or out the Merchandizes and Provisions they might have need of thereby to disturb them so that they might be constrain'd to submit to reason or else to weaken them so much that causing their Forces to draw neer and assaulting them vigorously on the Land-side they might be utterly vanquished thereby and wholly subjected The Experience and Event having also made it known that they have been so much humbled thereby that they have been forc'd to come to desire peace as with joyned hands But the English who by virtue of the Treaty made with them by this State were obliged to be helpers to the Company of these Countries in this Encounter so much the more that it was They that were set upon and that only by an aversion and irrreconcileable hatred whereof the Moors are prepossessed against all Christians in lieu of helping them have lost no opportunity to oppose themselves to our designs and have endeavoured with their Ships to procure the Harbour free and to make them lose the Benefit of a siege which had cost them so much trouble and charges and in Consequence to cause the said Company to be consumed by those means because That hath been the cause that not only the said War and Siege have endured far longer then they should otherwise have done which hath caused great prejudice to the said Company and hath much vexed it but also that they have been obliged to hinder the English to obtain their end to have the said Road surrounded and besieged by a greater number of Ships and those bigger then otherwise they should have needed to employ so that besides the other delays hinderances and prejudice caused to the said Company for that cause in other occasions they have been obliged to be at a very great charge and have been very much incommodated with other Expences To the eighth Answer 8. We say it ought not to come in consideration at all because no time is assigned of the fact nor any person or Ships named nor have we knowledge of any thing but our sufferings during the time that some of their Ships lay before Bantam unless they will call it a crime that we endeavoured amicably to obtain from them the just liberty of Trade which the Law of Nations allows and they denyed us And we can guess at no other ground of that War unless it were to force the King of Bantam to a Contract to exclude us The English know that the abovesaid Company have ever treated with the Queen of Acheen Pretense Art 9. as well for the Tynn which is bought at Perager as principally for the Pepper which grows in the Western Coast of the Island of Sumatra by which Treaty the said Pepper is to be all delivered at a certain Rate whereof there is an agreement made with the said Company to the exclusion of any other Nations as the Company is likewise obliged on their side to go fetch all the Pepper at the said rate The English have heretofore made such Contracts as well joyntly with the said Company as by themselves with several of the Indians for it doth appear by the Agreement made in the year 1619 betwixt the two East-India Companies of England and that of the Low-Countries for the re-establishing of the Affairs of Bantam by the Approbation and Authority of the King of Great Britain and of the States That there had been then such a Contract made with the King of Acheen by the which it was also agreed how and in what manner both the Companies could joyntly make such a Contract with the King of Bantam for the Pepper which groweth in his Country and the same to the express and formal exclusion of all other Nations as well Indians as Europeans who would trade therewith The which was accordingly perform'd and practised And although for That reason the English were obliged not to trouble the Company of the Low-Countries in performance of the Agreements made which do as yet remain in force they have however always endeavoured to frustrate the said Company of the Benefit of the said Contract by indirect ways and evil means in corrupting the Inhabitants of that Country in obliging them to sell them the Tynn and the Pepper by the greater Price or Rate which they caused to be offered them from time to time without taking any notice of the protests made by the said Company or their Agents against such proceedings so far that the said Company not able to forbear any longer was forced for the observation and execution of the said Contracts to take up Arms to bring those men to their Duties by meer strength they having been taken off by the ill practices and cunning ways of the English The peace was not so soon renewed with the said Queen as also the old Contracts but the English came in with their Ships with a design to disappoint also the abovesaid Company of that Pepper if they could have done it so that the English have been the movers and given occasion not only for the said War which the said Company was forc'd to make against the Kingdom of Acheen with so excessive charges but also by the sleights they have made of their protests they have obliged the Company to keep there continually a number of Ships to hinder the Inhabitants to sell their Tynn and Pepper to the English by hidden and indirect ways and frustrate thereby the Company of the Low-Countries which hath caused a very considerable prejudice and damage to the said Company which doth conceive it self to have a right of demanding reparation thereof from the English Company In the third place the
ratified by the States in haec verba Et praeterea Statuimus ac Ordinamus ut praedicta Societas Belgica cedat ac restituat Societati Anglicae praedictae Insulam Pouleron eo in statu conditione in qua nunc est ita tamen ut licitum sit dictae Societati Belgicae tollere amovere ex insulâ praedictâ apparatum Bellicum Merces Suppellectilem omnia mobilia si quae fortassis in dicta insula habeant So that then the word of Restitution us'd in both those Articles evinceth our original right to it and convinceth them of their Injustice in dispossessing us and deteining it so long from us And neither of those Articles obliges us to any Formalities of the King's Commission or more then a bare Demand of it when we had a mind to receive it And our Ships that were sent to possess it being departed as they confess before the conclusion of the Treaty in 1662 and That Treaty containing nothing that derogates from the two former Treaties they cannot but with monstrous confidence accuse us of proceeding irregularly especially when it shall be considered that our Ships carried not onely the King's Commission under the Great Seal to possess and plant it but even Orders also from their States and Company Dated the 18th of October 1660. The receipt of which the General and Councell of Batavia acknowledged by their Letter of the 8th of November 1661 and though in the same Letter they say that since the Date of those Orders they had by their last Ship out of Holland received Intelligence that new debates were arisen between the two Companies and therefore we could not with Reason demand surrender of the said Island until they had farther Intelligence from their Masters in Holland yet our Commanders had both the Order of their Masters and a just title to the liberty of sailing into those Seas to Trade without the Hollanders leave or disturbance Nor was there any colour of Jealousie given to the Dutch of any hostile design when the English Commanders declared their Resolution to follow their Masters Orders and went onely with two Merchants Ships provided for Trade and planting the Island if it had been amicably delivered as it ought to have been and therefore we think it had been ridiculous and imprudent for the Commanders of our Ships to have desisted from the prosecution of their Voyage and demanding the Island upon the place as it is in them now to demand of us satisfaction for the expence of those forces which they say they sent to affront his Majestie and keep us from our right while under the Fictitious Pretense of a Jealousie they designed according to their usual practise to give us a forcible and real interuption in our just course and liberty of Trade for which we hope in time to receive satisfaction and security against the like in future After that the East-India Company of these Countries had in the year 1655. Pretense Art 5. Vide page 22. for the Answer really paid in England under good and sufficient Acquittance the Moneys contained in the Arbitrary sentence pronounced in the year 1654. by the Commissioners named on both sides amounting unto the sum of 88615 l. Sterling by which they thought to have fully stopped all pretenses and therefore might safely order their Ships to take in their return the usual Channel and to those that they dispatch'd from hence to land in England as if they should be thereunto forc'd by storms or contrary winds there to expect fair weather and a favourable wind Nevertheless the English did not omit to raise new actions and pretenses against this Company as soon as they heard in the Month of Sept. 1657 that there was arrived in the said Channel a Ship of the said Company call'd Henrietta Louisia and they obtained presently by direction of their Admiralty a Warrant or Commission to make a Seizure of the said Ship and of its Cargo to the prejudice and contempt of the Treaty so lately made with them and That under a frivolous pretense of the English-East-India-Company for the sum of 100000 l. Sterling and of the Commissioners Established upon the disaster of Will. Courteen after his Bankrupt of the like sum of 100000 l. But the said Ship having very happily escaped their hands the Admiralty did anew grant in the Month of November following a second leave for seizure which was effectually executed upon the Ship call'd Sterling which being departed from hence to go to the East-Indies was forc'd by storm to Harbor at Portsmouth so that the Company of this Country seeing the irregular and unjust proceedings of the English to prevent such like inconveniences for the future hath been obliged to order their Ships instead of passing the Channel in their return to go about by Scotland and to take their way Northward as they did formerly which does not only cause that the Merchandizes arrive and are sold later every year then before to the great damage and prejudice of the Company which is thereby obliged to pay greater Wages and their men are expos'd to greater and longer dangers and suffer greater damages and inconveniencies but they are also oblig'd as well for the safety and preservation of their Fleet when it is coming home as for the refreshing of the men who coming from that Country hot do suffer by the cold in making so long turns by the North to fit every year a great number of Men of War and Pinnaces to send before to meet them by the North. The Charges disbursed and that must yet be disbursed to that purpose and the Damages amounting to a most considerable sum as it shall appear by the Accompt that shall be thereof given From the time that the Company of these Countries did understand that the grant of seizing the said Ship Pretense Art 6. Vide page 22. for the Answer call'd Henrietta Louisia was given because that about That time they did expect the two Ships call'd Arnhem and the Castle of Honigen which were to return by the Channel they found themselves obliged by a warrantable apprehension and necessary care to cause some Men of War and Pinnaces to be made ready and to depart with speed to meet and convoy the others So that the re-imbursement of those charges may justly be demanded from the English Furthermore Pretense Art 7. Whereas the Company abovesaid apprehended some like seizures in all the Ports of England they have been obliged expresly to forbid the Ships they dispatch from hence to enter there or cast Anchor in the Road which is the cause that many of their Ships finding themselves often surprized by storms have been forc'd to come back and enter into the Ports of these Countries to stay for a more favourable wind to the great prejudice of their Voyage and exposing themselves to great danger the damages thereby suffered and by those delays amounting to a sum also very considerable To the