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A26328
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A brief relation of the surprizing several English merchants goods by Dvtch men of warre their carrying them into Zealand and there condemning them for prize upon no other force or account but that they were English mens / by Edward Adams.
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Adams, Edward.
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1664
(1664)
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Wing A477; ESTC R27092
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10,081
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15
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They seemed to be very glad to receive a Letter from his Majesty of Great Britain being the first they ever had from him at least since his happy Return to his Kingdoms But refused to return answer at least by me telling me it was not their custome to Write to any Prince without the Order of the States Generall or at least first making them accquainted therewith But their resolution was recorded of which they ordered me a Copie the Translation whereof is as followeth Extract out of the notes or resolutions of the Honourable States of Zealand The 2d of August 1660. BY which being deliberated upon the Contents of a Letter from the Kings Majesty of Great Britaine writ in favour of some Merchants of London who pretend that several Merchandizes laden for their particular Accounts aboard the Golden Sun whereof was Master Nicholas le Breton and taken at Sea by private Commissions of this Province and brought to Flushing Is resolved that the aforesaid Owners or Interessed shall addresse themselves to the Lords of the Court of Admiralty residing here with full assurance That in this cause of reclaiming and following of their Goods they shall receive all possible expedition and just Judgement Agreeth with the above mentioned notes or resolutions Peter de Huybert This Answer or resolution was an invitation or introduction to a Law-Suit which I was very much averse from entring into well knowing what bad success some of our Country men had had by such like proceeding in Zealand neither could I obtain a resolution or Order that in case of making due proof of the Propertie I should have the English Interest cleared and restored to me But several Merchants and other Persons as well Natives as others residing in Zealand men that were not concerned with the Capers but rather abhorrers of their proceedings and some such are there though many are interessed with them with whom I happened to have discourse understanding my case were of opinion that would consequently follow and the rather because his Majestie of Great Brittaine appeared in the business and the Goods being then in esse and intire therefore they incouraged me to proceed according to the States answer or resolution however I was resolved first to advise with my friends in England and being in my return a passenger with me in the Packet Boat one Vandersteen a Native of Zealand but had a pretence to some Lands in Ireland of his own accord hearing my name and knowing somewhat of my businesse in Zealand told me undoubtedly I should have good successe therein for that the States of Zealand in a Letter they had written in his behalf to his Majesty of England took notice thereof That part whereof that concerned me I got copy of and translated is as followeth The Lords States of Zealand have upon the recommendation of his Majestie of great Britain very earnestly recommended the cause of Edward Adams Abraham Jacob Robert Carre and other Merchants to the Lords of the Admiralty in Zealand residing at Midleburg That to the said Cause should be given a short and prompt expedition of Justice with the which the interessed friends shall be assured of due satisfaction as in Justice and Equity shall be found to be due Done in the presence of John Ed. M. 7. August 1660 new stile This and the Resolution also proved in the End but a decoy and delusion to entice and drill us into further Mischief and inconvenience for the manner of the Zealanders is to get what they can into their power and then seek and cast about for arguments and specious pretences to palliate the detaining it and seldom or never do they part with any thing though ever so unjustly taken unlesse compelled thereto Upon conference and advising with friends here in England 't was thought fit we should Prosecute our Claimes in the Admiralty of Zealand according to the States direction and chiefely for this reason That we could not have any great cause of complaint or make out an aggrievance whereupon to beg relief from his sacred Majesty our gratious Soveraign till we were denyed Justice there it not being known but that they would decree to us our Goods with damages and withal being informed that the Lords of the Admiralty could if they pleased in short time bring the cause to sentence their custome being to sit in Court 3. days in a week I therefore gave order for proceeding with a Claime before them in the names of my several friends interessed And for proof of their property did referre to the Evidence in the possession of the Capers as the Commanders Book the Bills of lading Invoices and Letters of Advice of which they had second and third Via's also and my friends as yet none at all for it happen'd that a few days after viz. on the 27. or 28. May old stile the three remaining Capers or Men of War near the place where the 4. surpriz'd the Golden-Sun met with the ship Experience of London Commanded by one John Kingsman coming from the Port of Bahia in Brazil whom they also surprized aboard which ship my friends aforenamed had Goods likewise to the value of 1200 l. ster and upwards and in her company took 2. Portuguesse Vessells that came from the Rio de Janeiro the same Port whence the Golden Sun was laden and in them 2d and 3d. avizo's of what had been laden for account of each particular person respectively aboard the said ship Which by command of the Lords of the Admiralty being brought before them into Court there appeared there were consigned unto them aboard the said ship for their own accompts 271. Chests and 11. Fechos Sugars all except some few whites 〈…〉 worth 5000 l. ster which was afterward confirmed and made out by such like Evidence which came to my friends own hands from Brazill When I began to follow my Claim I soon found the Adverse parties that appeared against me were very great and powerfull persons in Zealand viz. besides the Commanders of the Men of War who had alliance strong enough there the whole West-India Company of the Netherlands as Granters of the Commissions Everard Gyselinck who was at the same time Burgo Master for Flushing and consequently one of the States of Zealand Jacob Van Hoorne Everson of Flushing and several other considerable persons as Owners setters out of the men of War And the Capers of Flushing are esteemed men of such desperate inclinations and so impatient of being demanded to give account of or restore ought they have any way got into their power that hardly could I get any One to follow in my absence my Claime against them And there was a whispering of a suspition went up and down the world as well in Zealand as other parts That the Lords of the Admiralty themselves were concerned as well as other great men of that Country in setting out men of War Whether they are so concern'd or not I will not say
themselves Whereupon the Ambassadors writ to the States desiring the cause of Le Breton may be judged who thereupon Order the Lords of the Admiralty of Zealand so to do But they notwithstanding for a while deferred it till new complaints were made then they give sentence viz. on the 24. September 1661. stilo novo Decreeing to the French Commander his Ship Aparrel Furniture c. Fraight and 23. Chests of Sugars which belonged to him and Company with 2000. Gilders Damages And the same day condemned the English mens some whereof were Fraighters of the ship goods for prize The French man not contented with his sentence finding the sum ordered for damages to be too little demands further reparation in matter of damage which by means of the French Ambassador at the Hague is made known to the French King who commanded Monsieur de Lionn a Minister of State in France to signifie to the Dutch Ambassadors that in case of non satisfaction for Le Bretons ship he would grant Letters of Reprisal Whereupon they again writ to the States General touching that particular Who order the cause to be brought before the Judges apointed in case of appeal at the Hague and a review thereof without charge to him and to that end dispatch their Messengers into Zealand where the States had a meeting extraordinary about it who give for answer that they cannot consent to a review because the Fatalia were past which are 4. Months after the sentence pronounced within which time the review ought to be desired But this being upon a Point extraordinary to prevent Letters of reprisal a second Messenger was dispatcht who return'd with a Better answer And upon the review is decreed to the French Commander 12000. Gilders more for damage over and above the former 2000. The French Commander recovered his Fraight according to Bills of lading which belonged to us the Fraighters which was more then was due to them by Charter party by 910 l. Flemish so that with what he had formerly received from us and was disbursed for his account He was indebted to us 1440 l. Flemish for which he refusing to accompt with us we desired we might make an Embargo or Arrest in the hands of those who were appoynted to pay him money and in this request we hoped to succeed because it might be a mean for them to keep something in their hand which was a thing they love to do as being in that kind naturally tenacious But in this neither were we prevailing for they were resolved not to gratifie the English in any motion or at least durst do nothing against the French they telling us they could not permit one stranger to sue another so the French man marched off with flying colours carrying all away with him as well some of our as his own money And the English remain'd forlorn And by what hath been here related which is nothing but undeniable truth it plainly appears we are truly unfortunate English Merchants Our Goods were condemned as Prize but as I have already said they tell us not wherefore they never declaring the cause or ground of their sentence reserving that in their own breast so that we are ignorant where the Gulf lay that devoured or the Rock that split us But by what we gathered by common discourse with persons in Zealand and some Occurrences we may guess it to be because the persons claiming were for the most part resident in Portugal for an English man that was passenger upon an English ship which they had taken comming from Brazil had Goods being of no great value restored him And this is founded upon an Order or Edict made for their own people that none of them living in Portugal shall trade to Brazil without their licence or if they do their goods being taken in company of Portuguesses shall run the like fate with them and this was made for prevention of their Subjects colouring Portuguez Goods t is evident we colour'd no Portuguez Goods claiming only what was consigned for our own account and this by evidence of their own producing and all was under 300. of 1100. Chests and Fecho's which the ship brought And say they persons living in any part ought not to enjoy two Capacities or Priviledges To that we gave satisfactory answer Besides what his sacred Majesty hath been pleased to write on our behalf That we enjoyed no Priviledge the Portuguesses did but resided in Portugal by vertue of the Articles of peace concluded between the Crowns of England and Portugal and for such were own'd and certitifyed by his Majesties Consull If they will have pass for Curant that what Sanctions and Edicts are made by them for regulating their own people must be obliging to the Subjects of other Princes 't is right Hogan Mogan But the plain English of it is That the King of Great Britaine France and Ireland must not treat of or conclude peace with a Forraign Prince or provide for the increase of Trade and priviledges of his own subjects without asking the States of Holland leave I humbly represented our case to his sacred Majesty and his most Honourable Privie Council makeing a Summarie relation of what had passed which his Majesty their Lordships taking into their consideration did Order that the Commissioners who are to treat with the Dutch Ambassadors do insist upon our satisfaction in like manner as is done in claims of any other of his Majesties Subjects I also represented our aggrievance to the Honourable Committee of Parliament appointed to consider of the Trade of the Nation where I made out our losses sustained by the surprizall of the Shipps Golden Sun Experience aforemention'd and two English Shipps more taken by the Dutch a little after called the Falcon and St. John Baptist to amount unto 8000l ster But like a bad accomptant I omitted to set down the interest which for 4. years at 6. per Cent. comes to 1920l Besides which I have in the tedious vexatious suits expended 780 l. 12 s 3 d. Flemish besides what is to be set down for my friends paines who assisted in the solicitation and I have endeavoured all good husbandry having been sometime thought to be too penurious And now may be seen the effect of the full assurance of expedition promised us viz. a Suit of 14. moneths which if I had pleased might have been 14. years I could have procured consent of parties and for the just judgment we should receive our Goods condemned for Prize but upon what score subintelligitur The French mans Ship which by the Universal custome consent if not Law of Nations to say nothing of their particular Obligation ought to have made free Goods with 23. Chests of Sugar granted free with 14000. Gilders for Dammages Thus Courteous Reader I have done with my sad tedious story and crave thy pardon for exercising thy Patience so long therewith begging as formerly the benefit of thy Counsel But before I take my leave I must speak one word in vindication of my profession at least of my own particular from an aspertion which seems to be cast upon it There is a rumor flies up and down the world that in this present conjuncture of affairs the Merchants are great incendiaries to a Warre with the Dutch and if there happen one 't will be called the Merchants Warre which I suppose is a great mistake for to me it seems not rational for any intelligent Merchants to be forward to that War the maine dispute and decision whereof must be argued at Sea the place where he is most concerned and to the inconveniences and hazards attending such a War the Merchant of all other persons is most obnoxious If any such Merchants there be that are so Warlike and promise to themselves great gain by Trading in troubled waters I do declare my self to be none of them I do confesse I am for satisfaction for the unreasonable usage and injuries done my friends and me nay I have been and am very earnest and zealous for it I say I am for the Rem but modum acquirendi I wholly submit to his Sacred Majesty whom God many years preserve in peace and his Great Council Farewell Edward Adams FINIS