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
English Deduction and is without fraction bruising or mutilation of the members which others are subiect vnto So that all which is comprised and contained in the same description is onely set downe for the embellishing and adorning of the said Writing to the end onely to moue the Reader to compassion to make him insensibly to draw in and swallow all the other errours and vntruths vnder these close conueighances and giue them credit to the aduantage of the drift of the said Deduction But he which to the contrary will sound and search out the truth and whether that which is therein declared and related bee proued and ought to bee admitted and receiued or not let him bee pleased further to obserue as followeth That all which is said therein is without proofe and if that any proofe be found therein it is of very few persons yea such as in a cause that concerneth themselues and wherein they were once iudicially conuinced may not bee admitted for witnesses against the Iudge and the proceedings past against themselues nor against the legall confession which they once and oftener made and confirmed with their owne subscription which now by other depositions or particular declarations cannot bee made vaine and elusory against the testimony and certificate of fourteene Iudges who were present in and at all passages whose reputation and wisedome is so well knowne that such wicked vnorderly and vniust proceedings as the English pretend may not bee in any sort or manner charged or imputed vpon them Lastly concerning certaine Declarations and Writings of the condemned English before their death whereby they haue protested their innocency and that they were iudged wrongfully whereupon by presumption is inferred that it must be true because it is not to bee beleeued that any one was so wicked and impious as to dare to faine and dissemble at the houre of his death c. This Argument maketh little in the cause for first it ought to appear that there are indeed such Declarations and Writings of the English But the truth can be testified by them which were present and about them at all times that there is no such thing much lesse that which is said concerning certaine pretended miracles which had happened in witnesse of the innocency of the executed so that there should haue seemed that they had moued heauen and earth to hide and conceale this detestible deed but howsoeuer it be who would presume that honest men of reputation and wisedome knowne and publicke would haue showne themselues so impious and vnhumane as wrongfully and innocently to accuse the persons executed and much lesse it cannot bee presumed vnto the charge of a Colledge established and sworne And although that which is aforesaid appeare and be known first by the truth of the thing as it is caried by the Deduction aforegoing presented in Iuly past vnto your Honours and that secondly it is credible that by this writing here were broke and decided all obiections and difficulties inferred by the English as also some deeds alleadged which in regard of the English might be produced and alledged against that which is aforesaid and against the Legality of the proceedes in Amboyna in such manner that more cannot be required in iustification of the behauiors of the Dutch Officers So it is that the Directors notwithstanding find it necessary although superfluous to repeat and make mention here of many particularities which much more fully and all at a blow doe show that the reports spred and sworn with such vehemency by the English against the truth doe contrary the one the other so that nothing more can be had nor rest of suspition whereby the proceedings and executions at Amboyna may bee accused much lesse condemned and in consequence likewise which the great haste and assiduall precipitation vsed herein hath been wholly done in poste for to learne and show the world the truth of the discouery in the businesse as hereafter shall appeare more clearly and euidently In the first place then so it is that the Company after the first Deduction of Iuly haue further vnderstood by the last Ships out of Battauia ariued here in September and that by Certificate or Attestation deposed by Mr. Frederick de Houtman chiefe Counceller of the Indies and ancient Gouernour of the Isles of Mulloques that it was firmly and vndoubtedly beleeued in Amboyna thoughout and of euery one yea by himselfe as he yet doth beleeue that the English of the said place and the Iaponians had truly and really conspired to inuade the Castle of Amboyna at their best opportunity so that none ought in any wise to doubt hereof Secondly for strong proofe of that which is aforesaid the said Gouernor de Houtman comming from the Molucques to Hitto in Amboyna in the moneth of April anno 1623 a certaine Englishman called George Sharock Assistant which before had beene also prisoner and examined vpon the said conspiracie and by fauour released and pardoned by the Gouernour and Councell of Amboyna notwithstanding that the said Sharock was a good while priuy to the said Conspiracy and had promised his assistance kneeling downe vpon his knees and prostrating himselfe before the feet of the said Governour de Houtman who looked for no such matter declared with great zeale and good affection that hee was and should bee all his life time bound and obliged vnto the Dutch Company because as hee then againe confessed that favour had beene done to him and hee was left vnpunished for the fault and offence which he had committed and perpetrated and this was spoken by the said George Sharock to the said de Houtman about the 20. of April 1623. when he was already absolved released freed and out of all feare to be any more molested or questioned for the said fact and offence committed as aforesaid Thirdly the said Governour de Houtman being at Batavia and being present when Iohn Beomont English Merchant who also was a confederate in the said conspiracy at Amboyna and obtained his pardon being sicke was brought before the Governor generall and the said Beomont being come in the presence of the said Governor generall and of the said M. Houtman confessed his fault before made and committed and implored and most humbly desired mercy and pardon of the said Generall which having obtained he humbly thanked them In the fourth place That many people at Batavia yea he the Deponent himselfe had by good information and knowledge certainely vnderstood that the said Iohn Beomont being afterwards come before the English President and English Merchants resident at Batavia hee the said Beomont recited and confessed the whole businesse and conspiracy But when this pleased not the said English the President of the English aforesaid for to obscure the cause and to shunne the dishonour of the Treason seeing the free confession of Beomont which much astonished them he caused him for this cause to keep close and not to speake to any body because that the
the more ample search and information of the cause if need be and we cannot conjecture being a thing incredible that any one will condeme any cause or persons without first hearing the justification of the parties which alwaies hath beene held and observed inviolably of all nations which would judge according to right and equity Therefore wee hope that it will be thus granted yea it is not reasonable that any reparation should bee required before the due defences and informations of the businesse bee made and taken and the same ought to be made and taken by and from the persons whom the cause concerneth appertaineth and is knowne and who also pertinently know how to refute the objections and circumstances alleadged and heretofore vrged to the contrary which vnto vs is impossible to doe not having been present but only for the defence of our Officers for so much as is just and reasonable wee can alleadge that which they haue written vnto vs from the Indies and what else we haue certainly perceived and vnderstood Also we cannot in the meane time conceale from your Honours that the fact of this conspiracy is so notorious in the Indies and that thence may bee drawne so strong and vigorous proofes that the Truth shall fully and sufficiently appeare to the full discharge of the innocents and the confusion of those which will defend and maintaine a bad cause And this may bee proved there besides the points aboue alleadged First that all the Iaponians complices in the conspiracy haue signed each with their own hands their confessions and afterwards jointly and all altogehet haue persisted therein after the end of the examination without torture or fetters at many sittings and full assemblies of the Councell at Amboyna without revoking any thing or desiring to diminish or augment any thing from or to their said confessions In the second place That the English Complices at sundry times of their own accord without paine irons tortures or menaces ratified the same and respectiuely signed their confessions vpon which confessions they were afterwards againe examined three or foure times and re-examined in a full Councell and Assembly and after their examination haue persisted therein without revoking or changing any thing Thirdly that the Governour of Amboyna after that all the complices had respectiuely foure or fiue times ratified their confessions and persisted therein a little before the execution seriously remonstrated exhorted represented and demanded of the said complices as before had done vnto them in particular That in case any one of them had by apprehension of justice feare of menaces or terrour of paine said confessed and signed any thing by which he was surprized and made guilty and wherby others might come and fall into danger or hazard that hee should speake and manifest it openly that he might discharge the party thereof For the Governour protested that he was not desirous of the destruction and death of any that was not guilty Vpon which proposition every one of them shrunke vp their shoulders and said that what he had confessed and signed particularly was true and therefore he persisted therein In the fourth place One of the complices called William Webber in his last examination confessed that he had receiued a Letter from Iohn Clarke by which he was advertised that something of great waight and consequence was handled amongst the English hut he could not vnderstand what it might be the which letter containing as aforesaid the said Clarke confessed also in the abscence of Webber that he had written it Fiftly that Edward Collins being examined and making his confession without any torment or torture as appeareth by the Acts offered to confesse all of his owne freewill yea hee declared the same before Gabriel Towerson and all the other English and that he did not thinke that the said Towerson and all the rest which were there faulty would dare to deny it but would presently confesse it as also the said Towerson being brought to Collins and the said Collins falling vpon his knees and requiring mercie and pardon he said and told it him to his face admonishing the said Towerson that he would presently declare and confesse all as he had done saying I must speake and confesse the truth and I meane not to suffer or endure any paine for the loue of you In the sixt place That Emanuel Tompson two dayes after the examination finished and ended and when he was free and at liberty being inquired by the Commissioners which had assisted in the same examination wherefore he had so long persisted in his denials and endured the seuere examination said the reason was because Captaine Gabriel Towerson had oftentimes reprehended his drunkennesse saying that hee should take good heed that thereby the matter should not be discouered For which cause he said Tompson did by a great oath sweare to himselfe that howsoeuer it went hee would not bee the third nor the fourth by whom the matter should be knowne whatsoeuer paine in his opinion he could haue beene put vnto Seuenthly the said Emanuel Tompson certaine daies after his examination being visited by certaine Commissioners said vnto them that hee was very glad that God had caused the business to be brought to light because much innocent blood would haue beene spilt and although he confessed that hee had deserued once yea twice to dye he asked mercy seeing that he was a man of about fiftie yeares c. And so after so much fauour was giuen to the said Tompson for to draw a lot with Coulson and Collins which of them three should be released and freed In the eight place that two or three dayes before the execution Captaine Towerson being in the Hall with other the conuict English said in the presence of the Gouernour and all the Councell and to the rest of the English in generall by reproach that their ill and disordinate liues their whoredome and drunkennesse was the cause that it pleased God that they should not keepe secret the intended enterprise and that by reason thereof they were now fallen and brought to such misery Ninthly that Gabriel Towerson author of this conspiracy in his last extremitie prayed the rest of his complices to pardon him because that by him Towerson they were instigated and brought vnto the said enterprise and were reduced to that case and that the businesse was come to be discouered by the all seeing God and that he must of necessity dye and therefore hauing brought them into this danger and ill chance he prayed them to pardon him as they also did In the tenth place The said Towerson a little before his death writ a Letter to Samuel Coulson which letter is yet in the hands of the Gouernor of Amboyna Herman van Speult by which the said Towerson said and alleadged vnto the said Coulson that he the said Coulson was the first and principall cause which had made the agreement and condescending vnto the act of inuading and making of
themselues masters of the Castle but notwithstanding at the present he pardoned him Eleuenthly that the ship called the Vnicorne saying from Amboyna to Batauia the two English Merchants Edward Collins and Iohn Beomont which were pardoned were transported therein vnto the end to â—npetrate and obtaine their full pardon in Batauia aforesaid and they two English Merchants being requested by the officers of the ship to come sit down and eate at the Table of the Commissioners during the said voyage the said Collins said excusing of himselfe that they were not worthy to sit by the said Commissioners because that the said English had had such an ill purpose and design against the Dutch and yet they were by them in that fashion entertained and were exempted of the punishment and therefore they could very well eate apart which excuse notwithstanding was not receiued nor accepted by the Commissioners of the Dutch In the twelfth place are adioyned and annexed the report and depositions of the said Gouernour de Houtman concerning the confessions of the said two English Merchants made before the Gouernor himselfe and afterwards before the President and principall English and that which further may be declared at Batauia whereof diuers persons there haue notice In the thirteenth place concerning the torture in the proceedings vsed at Amboyna they can giue certaine proofe of the truth it selfe that many persons mentioned in the English Writing to haue bin tortured with water and fire haue not one beene once touched In the fourteenth place concerning the particularities and petty points of the said Writing in English touching the examination of certaine persons therein mentioned for the discharge and innocency of the English the same shall bee proued neuer to haue beene done nor heard by depositions of those which haue beene present at all and by persons before whom such things must needs haue beene spoken and declared In the fifteenth place it shall also bee found that the pretended miracles were deuised onely for the discharge of the English and in their fauour These said points and many others which are yet further well knowne to the Directors may be clearly and by good proofe showne in time and place if due and conuenient time be giuen and granted vnto the cause and re-search thereof which in a matter so important and of such waight comming also from so remote parts cannot vnder reuerence be denied to any So that your Honours may please to desire the same of his Maiesty of Great Britaine without which the Directors can very ill propose any other meanes which would not be mingled either with iniustice or the great preiudice and disaduantage of the Dutch Company We also surely hope that his said Maiesty according to his great wisedome and iustice cannot refuse or deny the said respite for the examination of the businesse more exactly and particularly which wee beseech your Honours in all reuerence to interpose and mediate and by all meanes to effect and obtaine that as reason requireth neither the Company in generall nor the Masters in particular may not during this interim be any way grieued or preiudiced in their iust defences Which doing c. AN AVTHENTICK COPY OF THE CONFESSIONS AND SENTENCES AGAINST M. TOVVERSON AND COMPLICES CONCERNING THE BLOVDY CONSPIracy enterprised against the Castle of AMBOYNA The which by the manifest grace and providence of God was discovered the 23. day of February in the yeare 1623. As also the Resolutions of the Governour Van Speult and of the Councell taken in this businesse Translated out of their owne Copy Published by Authority LONDON Printed by IOHN DAVVSON for the EAST INDIA COMPANY 1632. AN AVTHENTICK Copy of the Confessions and Sentences against Mr. Towerson and Complices concerning the bloudy conspiracy enterprised against the Castle of Amboyna the which by the manifest grace and providence of God was discouered the 23. day of February in the yeare 1623. as also the Resolutions of the Governour Van Speult and of the Councell taken in the busines The Translation WHereas on the 23. of Februry 1623. by the manifest grace and providence of God it was discovered That a certaine Iaponesse called Hytieso at night and at vnlawfull howers at Sermon and Prayers time contrary to order and to his condition did passe divers times along by the Ramparts and before the Points and at diuers times there where he found the Souldiers yong and vnexperienced made enquiry how many Souldiers of the Lowe Countries there were in the Castle and how many times they changed the watch every night The Worshipfull Harman van Speult Councellor of the Indies and Governour of Amboyna vpon great reasons taking his actions and demands for suspicious caused the sayd Iaponeze to appeare before him and the Councell and examining him of the truth he confessed as followeth Datum vt supra Being signed Harman van Speult Laurence de Marschalck Clement Kersseboom Iohn IohnsoÌ„ vischer Iohn van Leeuwen Iohn Iacobson-wincoop Leonard Clocq Martin Ianson Vogell Iohn Ioosten Iacob Cooper Iohn van Nieupoort Peter Ianson van Zanten Harman Crayevanger Rowland Tailler Vincent Corthals Secretarie Hytieso Iaponois of the age of 24. yeares borne at Fernado in Iapon denyed the same but the Souldiers being produced before him of whom he had divers times and in divers places asked those questions he confessed that he had done it out of a merry disposition and for pleasure whereupon his Worsh sayd vnto him that such things at vnseasonable times could not be asked for pleasure of the yonger and vnexperienced Souldiers but that of necessity it must be otherwise and in pursuit thereof being of that opinion he with those of his Councell caused him to be brought to the torture the Prisoner having beene tortured a while desired that they would cease and hee would confesse all that did belong to the busines and then he confessed that a certaine other Iaponeze being also Souldier to the Dutch Companie in the East Indies called Sidney Migiell who had heretofore beene servant to the honorable English Company had desired him to enquire of the thing aforesayd and moreover he confessed that he had beene asked by the sayd Migiell if he would lend his ayde amongst other Iaponezers ro deliver the Castle into the hands of the English to the which he answered he would vpon condition of good recompence which was offered him by the sayd Iaponeze in the name of the English Hee confessed that hee had communicated and consulted concerning the delivery of the Castle divers times as well in the quarters of Mardiques as in the English house with divers other Iaponezes and with Mr. Timothie Iohnson English Merchant and Abell Price English Barber and that within three moneths last past He sayth that the Iaponian Souldiers which were in the Castle did agree to deliver the said Castle into the hands of the English and that they had ingaged themselues to serue them Further he confesseth that they would put this exploit and
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