be the better known and that they might not in any wise be falsified and counterfeited there shall be given in certain marks and subscriptions of both the said Lords and Kings Contrabanda Merehandize confiscated Art XVIII And in case there be found in the said French Vessels and Barques by the means aforesaid any Merchandizes and Commodities before declared to be prohibited and contrebanda the same shall be unladen denounced and confiscated before the Judges of the Admiralty of Spain or any other Competent Judges yet for all that neither the Ship and Barque nor any other of the lawful and permitted goods Merchandizes and Commodities found therein shall in any wise be seized on or confiscated Free Trade and Commerce mutually enjoyed Art XX. All the Subjects of the said Lord the Catholick King shall mutually enjoy the same Rights Liberties and Immunities in their Trade and Commerce within the Ports Roads Seas and Dominions of his most Christian Majesty And what hath been abovesaid that the Subjects of the said Lord the most Christian King shall enjoy in his Catholick Majesties Ports â—â—â—n open Sea ought to be understood that the equality shall be mutual in all manner on both sides even in case hereafter the said Lord the Catholick King should happen to be at peace amity and neutrality with any Kings Princes and States that should become the Enemies of the said Lord the most Christian King each of both the parties being mutually to use the same conditions and restrictions expressed in the Articles of the present Treaty concerning the trade and commerce Further provision against Frauds and Inconveniencies in Trade and Commerce Art XXI In case of either side there happens any contravention to the said Articles touching the Commerce by the Officers of the Admiralty of either of the two Lords and Kings or any other person whatsoever the complaint thereof being addressed by the interessed Parties unto their Majesties themselves or their Councils for the Navy their said Majesties shall presently cause the damage to be repaired and all things to be executed in in the manner aforesaid And in case in progresse of times any frauds or inconveniences should be discovered touching the said Commerce and Navigation not sufficiently provided against by the aforesaid Articles new ones shall be added thereto of such other precautions as shall be thought convenient on both parts The present Treaty remaining yet in the mean while in its force and vigor Speedy Justice to be done to Foreigners Art XXII All Goods and Merchandizes arrested in either of the Kingdoms upon the Subjects of the said Lords and Kings at the time of the Declaration of War shall be uprightly and bonâ fide restored to the Owners in case they be found in esse at the day of the publication of the present Treaty And all Debts contracted before the War which upon the said day of the publication of the present Treaty shall be found not to have been actually paid unto others by vertue of Judgements given upon Letters of confiscation or Reprisal shall be bonâ fide acquitted and paid And upon the demands and persuits that shall be made about them the said Lords and Kings shall give order unto their Officers to render as good and speedy Justice unto the Foreigners as unto their own Subjects without any distinction of persons Actions to be tryed when they first begun or did arise Art XXIII The actions that have been heretofore or shall hereafter be intented before the Officers of the said Lords and Kings for Prises Spoils and Reprisals against such as are not Subjects to the Prince in whose jurisdiction the said actions shall have been intented or begun shall without any difficulty be returned before the Officers of the Prince whose Subjects the Defendants shall be Six Months time given in case of War to transport persons and goods Art XXIV And the better to secure for the future the Commerce and Amity between the Subjects of the said Lords and Kings for the greater advantage and commodity of their Kingdomes it hath been concluded and agreed That there hapning hereafter any breach betwixt the two Crowns which God forbid six months time shall alwayes be given to the Subjects on both sides to retire and transport their persons and goods where they shall please Which they shall be permitted to do with all liberty without any hinderance and during that time there shall be no seisure made of their said goods much less their persons arrested Advocates and Proctors to be Assistant to either party that retains them Art XXV The Inhabitants and Subjects of either side shall every where within the Lands of the obedience of the said Lords and Kings make use of such Advocates Proctors Notaries and Sollicitors as they shall please whereunto also they shall be committed by the ordinary Judges when need shall be and when the said Judges shall be desired so to do And it shall be lawful to the said Subjects and Inhabitants of both sides to keep in the places of their abode the Books of their trade and correspondence in such a Language as they shall like best either French Spanish Flemish or any other without falling thereby into any molestation or trouble Consuls appointed for Commerce in both Nations Art XXVI The said Lords and Kings shall have power for the commodity of their Subjects trading in one anothers Kingdoms and Dominions to settle some Consuls of the same Nation of their said Subjects who shall enjoy the Rights Liberties and Immunities belonging to their exercise and employment And that establishment shall be made in such places where with a mutual consent it shall be thought necessary Letters of Marque and Reprisal in case of injustice Art XXVII All Letters of Mart and Reprisals that may have been formerly granted for what cause soever shall be suspended and none shall be granted hereafter by either of the said Lords and Kings to the prejudice of the Subjects of the other unless in case of a manifest denial of Justice onely whereof and of the Summons made about the same such as shall sue for the said Letters shall be bound to bring good proofs according to the form and manner required by the Law Overtures made by the King of France concerning the Kingdome of Portugal Art LX. Although his most Christian Majesty hath never been willing to ingage himself notwithstanding the pressing instances made to him heretofore backed even with very considerable offers not to make the Peace without the exclusion of the Kingdom of Portugal because his Majesty hath foreseen and feared least such an Engagement might be an unsurmountable obstruction to the conclusion of the Peace and might consequently reduce the two Kings to the necessity of a perpetual War Yet his said most Christian Majesty wishing with an extreeme passion to see the Kingdome of Portugal injoy the same quietnesse which so many Christian States shall get by the present Treaty hath for that end proposed a good number
Surety standeth bound to several persons for several great summes of Money and the said William Courten is willing to secure the said Sir Edward Littleton his Heirs Executors and Administrators and to save him and them harmless concerning the same Now This Indenture witnesseth that the said William Courten in consideration of the premises and for divers other good causes and considerations him thereunto moving hath given granted bargained and sold and by these presents doth give c. unto the said Sir Edward Littleton those his two Ships called the Paradox and Hester with their Appurtenances Stock and Stocks Merchandizes Assurances and all his Part and Parts Portion and Portions of all Fraight and Fraights Eoods Ladings Wares Returns or Proceeds whatsoever arising or growing out for or in respect of any Parts and Shares which he the said William Courten hath in the Loyalty the Bona Esperanza the Henry Bona Adventure the Unity and the Planter to have hold and enjoy the said Ships and Premises and all the Estate Right Title Interest Claim and Demand whatsoever of him the said William Courten of in and to the same unto the said Sir Edward Littleton c. for evermore with a Covenant therein against all former Incumbrances Provided alwayes that if the said William Courten his Heirs Executors or Administrators or any of them shall or do within the space of Seven and twenty moneths next ensuing the date of the said Indenture pay and satisfie all and every sum and sums of Money for which the said Sir Edward Littleton stands bound with the said William Courten unto such person or persons unto whom the same are or shall be due and do from time to time and at all times hereafter save harmless the said Sir Edward Littleton c. from all manner of Suits Troubles c. by reason of the same That then this present Indenture and Bill of Sale to be void And it is agreed expressed and declared that in case the said Sir Edward Littleton c. shall at any time be damnified concerning the premises or any part of the said Debts that then it shall and may be lawful for the said Sir Edward Littleton c. to grant assigne and set over the said Ships Goods Adventures or any part or portion thereof to any person or persons whatsoever for the payment and discharge of the said Debt and the surplus to be accompted to the said William Courten c. In witness c. Sir Paul Pindar having continued his money at Interest in the hands of Mr. Courten for the space of Five years upon the personal security of Mr. Courten and Samuel Bonnell there being then due to him for the forbearance thereof the summe of 4800 l. Sir Paul Pindar pressed for further security and at length prevailed with Mr. Courten and Sir Edward Littleton for satisfaction of the said Debt to make a Grant or Bill of Sale of the said Ships in manner and form following viz. By an Indenture tripartite bearing date the 19 of December 1642. made between the said William Courten of the first part Sir Edward Littleton of the second part and Sir Paul Pindar of the third part reciting the Letters Patents from the King the several names of the Ships with their Burthens and Lading Polices of Assurances and the Consideration of Mr. Courten's former Grant to Sir Edward Littleton of the 26 of Aprill last with the Provisoe contained therein as aforesaid and then mentioning the perticular sums of money that William Courten and Samuel Bonnell stood ingaged by several Bonds to Sir Paul Pindar with their dates and times of payment being accompted up Principal and Interest together amounting to 28800 l. And that for 4000 l. thereof 200 Bags of Pepper was sent upon Sir Paul Pindar's accompt to Ligorne there remaining only due unto Sir Paul Pindar the sum of 24800 l. In consideration whereof and for better security the said William Courten and Sir Edward Littleton granted bargained and sold the said Ships the Loyalty the Hester the Bona Esperanza the Bona Adventure the Unity the Paradox and the Planter with all the Fraights Adventures Returns Polices of Assurances and other Proceeds whatsoever and all the Right Title Interest Estate Claim and Demand of them the said Sir Edward Littleton and William Courten to Sir Paul Pindar c. as his and their owne proper Goods and Chattels for evermore with Covenants that they were free from Incumbrances c. according to the Laws of Oleron In which Indenture tripartite was also contained a Provisoe That the said Sir Edward Littleton and his Assigns should and might order and dispose of the Returns and Proceeds of the premises First for the payment of Sir Paul Pindar out of the Loyalty 5000 l. out of the Hester 4000 l. out of the Bona Esperanza 3000 l. out of the Bona Adventure 2500 l. out of the Unity 2500 l. out of the Paradox 2000 l. and out of the Planter 5800 l. at certain days after the Returns of the said Ships the Surplus to satisfie the Engagements of Sir Edward Littleton And it was agreed that in case any of the said Sums of Money should be behind and unpaid that it should be lawful for Sir Paul Pindar to pay himself out of the Goods and Merchandizes upon the Returns with Costs and Damages and accompt to Sir Edward Littleton for the overplus And it was also agreed that in case of Shipwrack Sir Paul Pindar should not suffer any loss or damage but that he should and might sue the Polices of Assurances and be accomptable also for the overplus to Sir Edward Littleton towards discharge of the Debts he stood Ingaged with William Courten as aforesaid In witness c. As additions to Mr. Courten's Misfortunes the Civil Wars broke out in England soon after he set forth these last Ships which gave the East-India Company of the Netherlands further advantages to dispoil him and his Friends that assisted him in his reputation And about the Month of January 1643. the Henry Bona Adventure being laden with Pepper and other Indian Wares bound homewards for England was driven upon the Island Mauritius by distresse of weather where the Dutch under a pretence of helping the Master and Seamen to save the goods seised and possessed themselves of Ship Tackle Ammunition Merchandize and Provisions and converted the same to the use of the said East-India Company and Adriaen Vanderstell the Governour of the Island sent away the Master and Mariners without any manner of succour or relief to the dammage of Mr. Courten and the rest of the interessed the summe of 10000 l. and upwards And about the Month of June 1643. the Bona Esperanza making a Trading Voyage from Goa to Maccao in the Straights of Malacca was violently set upon by two Dutch Ships Men of War belonging to the said Company called the Vendillo and the Portogallo whereof Signior Fermeren and Signior Gealand with the Lieutenant of the Fort at
of each by which you will see they are but creditive and referring to that you have from us in Charge which is as followeth That a Ship called the Bona Esperanza of London belonging to William Courten Esquire laden with his goods and with other goods and monies of certain Portugalls chanced to be assaulted by two Ships of the Netherlands East-India Company in the Straights of Malacca upon or about the 26. of Iune 1643. as she was Sayling on her voyage from Goa to China where after a bloody fight and much of her Company slain she was overpowered by the Neatherlanders serving the said Company who used the rest with great rigour and disposed of Ship and Lading at their Pleasure which else might have probably brought home to Mr. Courten a return of Threescore thousand pounds or better Like Information we have concerning another Ship to him belonging called the Henry Bona Adventure of London Fraighted with Pepper and other Spices to the value of 7884. pounds and with Iron neer 300. pounds worth which by the stresse of a Harrican was forced upon a part of Mauritius Island the 25. of Ianuary 1643. and there with all tackles and goods detained by the Netherlanders serving the said Company Of both which that just restitution be made or sufficient reparation and allowance for Dammages is That we are Humbly Prayed to recommend and by you our Publique Minister with the said States General to demand and require Wherefore we will and command you soon after receipt of these to Inform your self fully by conference with James Pergens Merchant of Amsterdam who hath the managery of Mr. Courten's affairs in Holland of the whole State of the Seizure and value of the said two Ships furniture and fraights and the dammage sustained by the Owners of them with other the circumstances pertaining thereunto Wherein when you are sufficiently instructed we will and require you then to present our said letters Creditive and in pursuance of them to Presse for Satisfaction by restitution or otherwise speedily to be made by the Netherlanders East-India Company aforesaid In the Negociating of which we would have you use your utmost Care and most earnest endevours and therein to advise and assist from time to time the said Pergens the best you can Which will be grateful and acceptable to Us. Given under Our Signet at Hampton-Court the 9. day of October 1647. Concordat cum Original Quod Attestor J. Beeckman Not. Publ. Having thus far given a perfect Narrative with the Abstracts of several Deeds and Writings out of the Originals to which I refer now follows in course the Second Part of the Case wherein is set forth the Practise and Combination of Mr. Pergens and his Confederates and the prohibition of Sir Paul Pindar with the Proceedings of Jonas Abeels at Amsterdam thereupon SIr Paul Pindar being advertised by some Friends that William Courten had taken upon him to make other Procurations Transports or Assignements of the said Bona Esperanza and Henry Bona Adventure and of the Goods Ladings and Effects to Mr. Jacob Pergens notwithstanding his former Grants Bargains and Sales for such valuable Considerations as aforesaid then the said Sir Paul Pindar by Procuration bearing date at London the 11. of February 1647. impowered Jonas Abeels Merchant of Amsterdam to Implead the said East-India Company and to recover and receive of the said Company all such sum and sums of money Costs and Damages as were and should be coming unto him for the Losses and Spoyls aforesaid which act was attested by Joshua Maniet Publique Notary aforesaid Before any Treaty or Agreement could be made between Pergens and the Company Jonas Abeels insinuated to the Directors of the said Company at their Chamber in Amsterdam by Gerrit Coren Publique Notary his Procuration and quality and that Sir Paul Pindar had a Transport or Deed of Assignement of the said Ships Goods and Ladings from William Courten and Sir Edward Littleton under which he claimed and that in case they made any Agreements with Mr. Pergens or any other it would tantamount to no effect giving the Bewinthebbers or Directors a Copy of the said Deed of Assignment protesting against them for the Dammages already sustained or that should be sustained by reason of the premisses as appears by the said Act of Insinuation in the Register at Amsterdam the 25 of May 1648. Jonas Abeels hearing afterwards that notwithstanding his Insinuation Mr. Pergens was in Treaty with the East India Company did as directed by his Advocate arrest in the hands of the said Company all which by Liquidation or Avoit the said William Courten had made in regard of the said two Ships Bona Esperanza and Henry Bona Adventure and the Goods therein laden and that the summe of 2500 l. sterling covenanted to be paid out of the Henry Bona Adventure by the said tripartite Deed to Sir Paul Pindar should be paid to the Arrestant in his said quality before any money might be paid to Mr. Courten or others van syûen voegen meaning Sir Edward Littleton or his Assignes which could not then appear for the reasons before mentioned Actum at Amsterdam the first of October 1648. and was signed by Gosen Daniells Messenger of the City of Amsterdam and entred in the Arrest Book Signed with the Letter G fol. 161. abstracted from the Original kept at the Chamber of the said East India Company In the year following the King of Great Brittain being murthered the Committee of Seventeen met at Middleburgh where Peter Boudan Courten dwells and as one of the said Committee he himself procured to be made the pretended Agreement following without any notice of Sir Paul Pindar's Interest Sir Edward Littleton's Right or Mr. Thomas Kynaston and the rest of the Proprietors proportions who were also imprisoned sequestred and ruined for the Kings Cause neither was there in the said pretended Agreement any mention of the Mariners wages or their other perticular losses nor even the Dammage of Mr. Thomas Newman the Cape Merchant in the Bona Esperanza who lost all in that Bottome which he had gotten together in his Five years service of Mr. Courten and Company before nor of the least recompense or compensation to the Widdows and many poor fatherless Children of Roger Tuckerman the Master the Boatswaine and five other Seamen that were for some Reasons killed in the defence of the ship against the said Robbery and Uiolence All which proved to the losse and dammage of the true Proprietors and Interessed the summe of 84516 l. 11 s. sterling besides the said bloud inestimable losse of Trade and Imbezilment of the Original Contract under the hand and seal of the King of China concerning the Liberties and Priviledges of his Ports to Mr. Courten and Company for all which there was no procurations given from the Proprietors to Mr. Pergens to agree upon any terms whatsoever they not doubting then of plenary satisfaction when the King should resume His Crown and Kingdoms
he subscribed with his hand and acknowledged the same being repeated to contain the truth Tuesday the first day of August 1654. The said Mr. Kynaston appeared and alledged that the Cause on the behalf of William Tombes touching the Ship Bona Esperanza was fully instructed and ready for hearing at whose Petition the Commissioners Decreed that the said Cause should be heard on Thursday next in the Afternoon in case the Claims touching the Ships Concord and St. Anthony which are first to be examined be fully discussed by that time Thursday the 3. of August 1654. Which day was wholly spent in the examining the Cause touching the Ship Concord aforementioned Friday the 4. day of August 1654. Before the said Commissioners the Deputies for the Dutch East-India Company being present appeared Mr. Thomas Kynaston and Henry Robinson above-mentioned at whose Petition the said Commissioners then ' monished the said Dutch Deputies to prepare themselves if they think fit to the defence of the several Spoyls whereof the English in their Claims comprized under the Numbers 8 9 11 15 20 24 32 33 34 40 41 46 47 50 51 52 53. have complained against the said Dutch East-India Company which they intended to hear upon their first opportunity Extractum hoc concordat substantialiter cum Originali Quod attestor Guilh. Chrymes Actuar Assumptus The 13 day of August 1654. personally appeared before me William Chrymes Notary Publique Mr. Thomas Kynaston and protested of his diligence in seeking and endevouring after the obtaining a certain cause by him sollicited on the behalf of Mr. Will. Tombes and others the Interessed in the presence of Ex. Tho. Bedford Ex. Edm. Arnold Not. Public VVilliam Tombes finding that the Dutch Commissioners would not do him justice in England was unwilling to follow them to Amsterdam as they desired to proceed against the Company where Jonas Abeels had done for Sir Paul Pindar before and being very sensible how tedious vexatious and expensive the Court of Holland the Hogen Rade and the Revisions were at the Hague after the first Trial was over before their competent Judges as they call them in the Cities Considering those things and being afflicted with some other troubles he was not able to contain himself with patience but chose rather a quick dispatch and hanged himself in the year following Whereupon Letters of Administration de bonis non cum testamento annexo of Sir Paul Pindar were granted to Sir William Powell alias Hinson who claims the part and proportion due to Sir Paul Piudar and Sir Edward Littleton did by his Deed of Assignment dated the 23 of August 1656. grant and assign all his right property and Interest of in and unto the said Ships Goods and Effects whatsoever unto John Ayton George Carew and their Assigns for ever And although they could not appeal for justice to the Parliament before Cromwell 's Usurpation being Delinquents and in Cromwell 's time could not prosecute their pretences in Holland being his declared Enemies yet now our Good Hope is that we shall receive our good Adventure with reparation and dammages since the King of Great Britain is restored Therefore I shall now go forwards and prosecute the Suit begun at the Hague G.C. To the Right Honourable Sr George Downing Kt Envoy Extraordinary of His Most Sacred MAJESTY of Great Brittain c. To the States General of the UNITED PROVINCES MUCH HONOURED SIR PAtriots of their Countrey Especially such as are found for their Abilities sit to serve the King in Forraign affaires have commonly those faculties which render them most worthy of Honourable Employments and they which are capable to deal with the Hollanders are known to be couragious patient and faithfull Your Honour may please to remember when I brought the Kings Letter to the States General at the Hague in April last with his Majesties directions to your self strictly commanding you to require speedy satisfaction reparation for the loss of the Bona Esperanza and Henry Bona Adventure of London two Ships as significant in their names as the Damages grievous in their nature I told your Honour there was just grounds of Complaint which should be vigorously prosecuted wherein I have found great experience of your favour and constancy toward us Oratory is fitter for Comedies then Cases I have therefore in plain terms set forth the true State of the whole matter with some observations upon former proceedings to satisfie all persons concerned that several actions and complaints have been brought in this case in the late distempered times some of them through delay of Justice suffered non-suits others by denial and death of the parties abated Moritur actio cum persona and divers through the defect of Commissioners appointed to hear them were dismissed without any determination But this lis incepta now brought in a Politique way in the Kings Name with your assistance those which are the sufferers poterunt litem incoeptam prosequi c. Sir you have kept up our good adventure and good hope from sinking and although their ladings were surprised in the Straights of Malacca at Mauritius if they be not restored by your friendly conferences I doubt not but to reprise them in the Downes or Narrow-Seas and question not a full satisfaction as clear as the Sun at Mid-day without abusing the Kings goodnesse or deserving any punishment for making the world acquainted that since the East-India Company of the Netherlands will not acknowledge our right it s easily granted they must pay for doing us wrong Honoured Sir you have to doe with a Crooked Generation of men and Nunquam efficies ut recte ingrediantur Cancri I shall not trouble your Honour any further at present but to give you the most hearty thanks and prayers of all the interessed and acknowledge my self Grays-Inn Novem. 5. 1662. Ever Honoured Sir Your most Obliged Servant GEO. CAREVV To the Kings Most Excellent MAJESTIE The Humble Petition of Sir John Ayton Knight George Carew and Charles Whitaker Esquires on the behalf of themselves and the rest of the Creditors of Will. Courten Sir Edward Littleton and Sir Paul Pindar deceased and of others Interessed in the Ships Bona Esperanza and Henry Bona Adventure of LONDON SHEVVETH THat William Courten Esquire and other Merchants in Company with him were Authorized by Letters Patents under the Great Seal of England ê™ Trade unto the East-Indies China and Parts adjacent and in persuance thereof setled several Factories and Plantations neer the Sea Coasts convenient for Trade and amongst other Ships set forth in the Year 1641. the Bona Esperanza and Henry Bona Adventure of London That to carry on the said Enterprize they became Indebted to Your Petitioners and others in many great Summes of Money That the East-India Company of the Neatherlands out of a designe to destroy Mr. Courten and others in their Shipping and Trade violently Seised and Confiscated the Bona Esperanza in the Year 1643. and the Goods and Ships-provisions of the
Majesty of Great Britain c. having yesterday received the Resolution of their Lordships the Estates General of the United Provinces of the 26. instant in rejoinder to his Reply of the 13. of July last concerning the ships Bona Esperanza and Bona Adventure and having considered and examined the same finds it only to contain thus much That their Lordships did not doubt but that he the said Envoy Extraordinary and the King His Master would have acquiesced in their Answer of the 22. of June last and that they do not find any thing in the said Reply nor in the pieces thereunto joined that can in any kind weaken the force of their said Answer and this is the whole of their said Resolution But as to the producing of any new matter on the behalf of the East-India Company of this Country whereby to better their cause or to shew or make out that the matters set down in the aforesaid Reply and made good by the pieces thereunto joined were in any kind ill founded or mistaken The said Envoy Extraordinary doth not therein find one word or syllable of that nature Were this a dispute between their own Subjects it might suffice for them despotically to affirm that they do not find that the reasons given by the person injured in reply to what is said by the person doing the injury to be of value and to command him to acquiesce in the Declaration of that their pleasure or opinion but this dispute is not between them and their Subjects but between them and their Neighbours between the King His Master and their Lordships and His Subjects and theirs and it is their Subjects that have done the wrong and who did forcibly assail and attack His Subjects and by violence take from them their ships and goods and are yet in possession of them and this is confessed And so it is not enough that their Lordships are well contented and satisfied but it will be expected that they do either clearly and perticularly refute and take away what is said in the said Reply on the behalf of His Majesties Subjects who are thus grieved and injured or cause satisfaction and reparation to be forthwith made or else His Majesties intercession in an amicable way is at an issue and he must betake himself to such other means as are capable to right His Subjects And for what their Lordships are pleased to say that they should have enlarged themselves further but that this matter ought to be looked upon as extinguished by the Treaties of 1654 and 1659. The said Envoy Extraordinary doth answer that this is a begging the question it being not only utterly denied in the aforesaid Reply that this matter is in any kind debarred or mortified by either of the said Treaties but it is in the said Reply perticularly and at large shewn how far they are both of them from any thing of that nature And on the other hand their Lordships neither in the abovesaid Answer of the 22. of June nor in this their Resolution though they would thus pay His Majesties Subjects with Ink and Paper do not in either of them so much as hint at any Article Clause or Paragraph of the said Treaties by which this matter should ve so mortified and extinguished And for the Paper of the 15 of May last signed by one of His Majesties Secretaries of State and delivered to their Embassadors at London upon which they would found that His Majesty had consented to the mortification of this businesse The said Envoy Extraordinary cannot but greatly wonder at an allegation of this nature What was then the dispute was it about mortifying or not mortifying of matters before or after such time or times that was not the dispute but only from what time matters should be decided by Commissioners and as to this His Majesty was pleased in that Paper to declare himself that he did acquiesce in what was urged by their Embassadors and that he would not press any further Retrospect then 1654. as to matters out of the East-Indies and 1659. for matters in the East-Indies as to the taking cognisance of them by Commissioners and as to what his Majesty should have said in the Audience he gave their Embassadors at Hampton Court the 4 of July last The said Envoy Extraordinary doth reply that their Lordships have in writing and so hath he the said Envoy Extraordinary what His Majesty did then say and he doth positively deny that there is therein any word or syllable concerning the business of these two ships or that doth in any kind concern the point in hand and for the verifying hereof he refers to the Paper it self nor did at that time or any other time any thing passe His Majesty or His Commissioners in any conference with their Embassadors other then that for matters before 1659 in the East-Indies his Majesty would not insist to have them decided by Commissioners but that he did ever yeild that they should be cut off from all other remedies this is utterly denied and if he had to what purpose had been the continued Orders of his Majesty and his Privy Councel for the pressing satisfaction in this business it being to no manner of purpose to have pressed for satisfaction while the Treaty was in hand for a business which was to be cut off by the said Treaty in case it came to a close it being beyond doubt that if their Lordships had had assurance that the said matter was to be cut off by the said Treaty there was nothing of satisfaction to be expected untill they saw the issue thereof The said Envoy Extraordinary cannot but further take notice that their Lordships in their foresaid Resolution speak not a word of their agreement with Pergens nor is it strange seeing the transport by which he claims bears date some years after Courten had made over all his interest in the said ships to Sir E. Littleton and Sir P. Pindar for the sum of 68000 l. sterling money lent to him and moreover that the said Courten was insolvent at the time of his making the said Transport to the said Pergens and consequently uncapable by the Laws of Merchants both in England here and elsewhere to dispose of one farthing Moreover the said Envoy Extraordinary cannot but let their Lordships know upon this occasion that since the giving in of his Reply there are certain authentique writings and Papers come to hand at London by which it appears that Sir Paul Pindar upon the 25 of May 1648. hearing that the Directors of the East India-Company of this Country were in Treaty with Pergens did by his Procurer Jonas Abeels insinuate to the Directors of the said Company at Amsterdam his arrest and attachments and declared himself to be the true Proprietor of the said ships and of all dammages and losses thereby protesting against the said Company in case they should make payment to any other Moreover that upon the 10 of Novemb.