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A28810 A true declaration of the intollerable wrongs done to Richard Boothby, merchant of India, by two lewd servants to the honorable East India Company, Richard Wylde and George Page as also a remonstrance of the partiall, ingratefull and unjust proceeds of the India Court at home against the said Richard Boothby ... with petition to ... King Charles and the ... Parliament for justice ... Boothby, Richard.; East India Company. 1644 (1644) Wing B3745; ESTC R30303 41,790 55

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A TRUE DECLARATION OF THE Intollerable wrongs done to RICHARD BOOTHBY Merchant of India by two lewd servants to the honorable East India Company Richard Wylde and George Page As also a Remonstrance of the partiall ingratefull and unjust proceeds of the India Court at home against the said RICHARD BOOTHBY In vindication of his good name never yet justly stained yet now of late for certain years had in unjust scandall and defamation by malignant adversaries who are and will be ashamed to verifie their malice and wicked censure against him in any judicious Court of Equity With Petition to his most gracious Majesty King Charles and the most right Honorable high Court of Parliament for justice and reliefe to him and his thereby utterly ruined in worldly estate by such unsupportable wrongs and cruell oppressions He that justifieth the wicked and he that condemneth the just even they both are abomination unto the Lord Prov. 17. 15. Dr Baily in his Practise of Piety In all causes judge aright for thou shalt be sure to find a righteous Judge before whom thou shalt shortly appear to be judged thy self at which time thou mayst leave to thy friends this for thine Epitaph Nuper eram Iudex nunc judicis ante Tribunal Subsistens paveo judicor ipse modo June 10. 1644. TO THE RIGHT HONOrable the Lords and Commons assembled in the most Right Honorable high Court of Parliament The humble Petition of Richard Boothby Merchant Most humbly sheweth HIs insupportable wrongs sustained as in this present declaration in print exhibited to every particular Member of both Houses of Parliament and most submissively beggeth your Hon favours even for the tender mercies of God in Christ Jesus to pity compassionate the miserable and distressed estate of your poor impotent Petitioner and all his a wife and five children by affording him justice in the causes mentioned in this present narration and such justice and no other he beggeth for as may stand with the glory of God the good construction of the wholsome laws of this Kingdom and the honour of his Majesty King Charles and the right honorable high Court of Parliament which though he be daunted with exceeding great fears as Hester to present his Petition in that most right honorable Court not having your honors golden Scepter of grace held out unto him yet his cause being in great measure like hers necessitated to the preservation of her selfe and nation as his for himself and family he is forced to put on her resolution If I perish I perish Fiat voluntas Dei Iune 10. 1644. To the right Honorable the Honorable the right Worshipfull the Worshipfull c. the Generality of the honorable East India Corporation RIght Honorable c. Two things have coacted and impulsed me to trouble your Honours c. with this rude Epistle The one is an ardent desire I have not only to expresse my endeered affection to the honourable Society but also my willingnesse though uninvited in coming to counsell before I am called presuming of your gracious pardon if not good acceptance to manifest or make known unto you what my weak capacity conceiveth behoovefull for the welfare and indemnity of the honourable Company of India Merchants in their right worthy famous action of Commerce The other is for vindication of my good name never yet justly tainted by declaration of the intollerable wrongs which I Richard Boothby an honest poor member of the India Company and your trusty servant hath undergone both in India by lewd malicious tyrannicall fraudulent jugling fellow-servants and also at home by partiall injust ingratefull unconscionable corrupt Governours and timeserving Committees in the India Courts For your incouragements in that worthy action of Commerce be pleased to conceive charitably and friendly of the opinion or rather assured knowledge of a weak unintelligent Merchant that the trade to and from India from port to port in the severall places of India and other Kingdoms neer adjacent is the most hopefull beneficiall of any part of the world wherein by Gods blessing a competency if not a superfluity in estate is to be attained unto with small stock in 4 5 6 or 7 yeares time which 3 or 4 times so many yeares spent in other Countries will not so suddenly supply with far greater stock The danger of the trade by sea especially in those oriental parts is small taking the opportunity and season of the yeare in the time of the favourable monsons or trading winds the seas so calm and pleasant that from India to Persia Bantum Mocco Madagascar Mauritius and other parts the ships commonly tow their long Boats Skiffes and Barges at their Stern to and again and by a voyage in three foure or five moneths time too and again there may be gained 30 40 50 60 80. and 100. per cent profit and more in severall sorts of commodities according to the judgement and discretion of the intelligent Merchant in making choyce of his commodity and attaining it at the best hand Hereof I will not much insist having more at large discoursed thereof in a rude pamphlet tending to incouragements to plant in Madagascar which perhaps may hereafter come out in print where I could wish my selfe and family securely with others my Countreymen seated in that most famous pleasant wholsome fruitfull Island as I suppose transcending all others in the world if my weak purse and decrepit unable body for travell would permit The other cause moving me to this occasion for vindication of my good name in manifestation of my wrongs will be superfluous to insist upon in this Epistle for that the present declaration thereof hereunto annexed will more at large demonstrate the same Be pleased right honourable c. courteously to accept the admonishments advertisements of an unintelligent Merchant especially in matters that are not within his line or beyond the reach of his apprehension yet in some things I may peradventure say more by industrious observation and affectionate duty to your Honours Corporation its welfare and indemnity then others it may be either can or will In the first pla●e it were good at your generall Courts especially at the election of your Governour Deputy Committees and Officers not to be absent to lend your votes in ●busing fitting persons thereunto men fearing God and hating covetousnesse for by your absence and small appearance of late at such times the time-serving Governour and Committees are better fitted to band together to continue in their places or to elect new such men as they either know or presume will be for their accommodation the one to the other in their own privat ends And if at such election some pious Divine spend an hour or lesse in godly exhortations in a Sermon to perswade to upright dealing between all parties as well in the differences between the Court and their servants or their servants one against another as for their fidelity and industry in managing the main
many on the Courts side to make conscionable end to my content or to make report unto his Majesty The three good men for me were the right worshipful Sir Henry Row Knight and the worshipfull George Clark now Knight and Rob. Grimes Esquire And the Court with much ado elected in the end the right worshipfull Sir Iob Harvy Knight and the worshipfull Thomas Keightly and Daniel Harpey Esquires all bred Merchants on both sides The affronts and contempts to his Majesties command and to all the Referrees were to large to recite who having spent a whole yeare and more upon many summons never met a full Committee of their side above three times and at those times nothing done but wrangling made by three Committees out of Court and three or four officers to oppose me alone before the Referrees and that because the Referrees would not account their orders of Court penned in large volumes to be as authentick Records or as Acts of Parliament And so nothing at all being done I intreated all the Referrees to make report to his Majesty which they all seemed willing to perform but condoling my infortunate and hard measure lent me their good counsell alledging it would not onely be a chargeable and irksome busines to me to goe in winter time to the King as farre as Scotland but also perhaps distastive to his Majesty to be troubled in midst of his important affairs with his Army in or neer the borders of Scotland to commence suit in Law were to fling away more money For the Court being of more credit either at the Councell Table or in any judicious Court in England would be more potent against me and that out of a generall stock or purse then I should be though I had the best of their estates And withall told me that the Court had made an offer to them to give me two hundred marks a poore summe in regard of my due debts and wrongs So that I would give the whole Court and every particular man a generall release yet leaving me to take my course in law against my revengefull India adversaries provided that all the Referres should set to their hands as witnesses to the release To the which in the end by their perswasions and my own extream necessitated case to preserve my credit yet never justly stained and to relieve my ruined family consisting of my selfe wife and five children all young and unprovided for I enforced as upon oath I am ready to averre yeelded unto which done the Court yet again considered with themselves that all things was not agreeable to their second thoughts and therefore contrary to their propopositions to the Referrees would have releases granted to my India adversaries also or else would pay me no money which though I was resolutely bent not to doe yet necessity having no law I was in the end compelled to perform being somewhat more perswaded by the friendly information of Sir Henry Garraway who though he confessed himselfe to have opposed me formerly in Court yet now he was my best friend there promising to do me any future courtesies that lay in his power and withall freely imparting unto me the Courts ace using consciences that if I did proceed in law against my India adversaries that all the aspersion of those foule proceeds would reflect upon the Court and therefore they would make all sure The Courts Atturney then framed a large authentick release and withall put in a Clause that at the instance and request of the Referrees the Court had yeelded to give me two hundred marks Which release being brought to Sir Henry Roue in his presence for me to set my hand and seale to be a witnesse he right nobly as became his vertue and goodnesse subscribed thus or to this sence I do testifie as a witnesse to this release the sealing and delivery thereof But that I had any hand to solicite the India Court in Boothbyes behalfe I utterly deny This done the other Referrees denied to subscribe in any other sense which did so blurre the Governour and Court with shame that they caused their Atturney to draw a new release leaving out forenamed clause and taking such other hands as he could get besides his own for witnesse All things now effected to their bad desires I thought all malice and revenge had been clean wiped out and therefore renewed a former petition for readmittance into the Companies service or for passage in their ships into India upon my own adventure but could prevaile nothing to the charitable relief of me and mine And not long after that corrupt insolvent Governour Sir Morris Abbot died for whose soul were it lawfull and effectuall to pray I would yet lend my earnest devotions to God for mercy in his behalfe And a little before his death it pleased God to grant a Parliament in England and then it grieved me to heart to have given so effectual a release yet perswaded by learned counsel that the Parliament in a just cause would wave an inforced release I framed a petition by advice of the said learned counsell to the Parliament which was preferred by a friend to Mr. Brown Clerk to the House of Peeres in whose hands if not cast aside it yet lies in regard of an Ordinance of Parliament to deferre private mens petitions for a while to give way to important affaires of State as reason required And And so all hope of release that way were all at a stand I resolved to go to Roterdum in Holland to endeavour to get a passage in their Dutch ships into India And to that purpose about Michaelmas 1640. I wrot to two of my ancient loving friends the Worshipfull William Cranmer Deputy Governour to the Merchant Adventurers of England and to Mr. Iohn Strange a worthy Citizen of London both resident at Roterdam to intreat their furtherance to assist me in that voyage for convenient passage and from both received right courteous reply for their good assistance and convenient entertainment during mine abode there But presently after it pleased God to hinder that intent by imposing upon me a long and tedious disease a Flux for three full yeares compleat And during that time though I were not able to stirre much abroad yet I bethought my selfe how to provoke the India Court to commence suit in Law against me hoping by that course to obtain fauour to defend my cause in Forma Pauperis which I might rightly claim and that was by publishing a Protest against the Governour and whole Court which having formerly acted in private to themselves for which they threatned me with severe punishment in the Court of Honour but recanted I deemed that making it publick it would certainly stir them up to that suit So though unacquainted with the manner of such proceeds I rudely and ignorantly penned such a Protest as my weak judgement did apprehend which I caused to be fixed upon the gate of the East India House and upon Sir