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A91637 A Remonstrance or narrative by way of complaint to the Kings most excellent Majesty, and the Lords and Commons assembled in Parliament in behalf of Robert Oxwicke and company, owners of the ship Endeavour, and of Richard Baker and company, proprietors of the said ships lading ... against Giles de la Roach and company, all subjects to the French king, wherein is faithfully described their horrid act of piracy at sea, committed the 21th of November 1655, English style, against the said English, by the said de la Roach and other French-men ... contrary to the articles of peace concluded the 3d of November 1655 ... 1660 (1660) Wing R1025A; ESTC R42559 10,559 7

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the Night aboard of a Vessell that lay at the mouth of the River and so got for England Neither can we omitt the setting down also the Declaration upon Oath of John Stone chief-mate of the English Ship Adventure whereof Joseph Tayler was Commander That as they were Sayling from the East India to London in the moneth of April 1656. they mett with one of the four Ships belonging to the Marshall de Mill R●e And after they had haled them and told them that they were of Rochel and that there was Peace between France and England and that both were joyned in a War against Spain and desired the English to come aboard their French Ship which the English refusing to do the French shot at the English and after two daies fight were left by them seeing that none of thei●●… Ships appeared having before lost company By the fight the English had above a 1000 lb. dammage THE PREMISES CONSIDERED It is most Evident and Notorious that the said Ship and Lading in property and in right belong only to Subjects of his Most Exellent Majesty that they being in the quiet and peaceable possession thereof were Despoyled Robbed and Piratically dispossessed thereof in an Hostile manner though in a time of Peace by the said de la Roach and Company all Subjects of the French King That those Ravenous Captors have by their own confession concluded themselves under the horrid guilt of Piracies not only by acknowledging they had no Commission for what they did but also by declaring their knowledge of the Peace then concluded between England and France whence their guilty Consciences could not be tongue-tyed from confessing that the Marshall de Mill Ree their Principal Owner and Imployer ought to make satisfaction to the English That not contented with the spoyle and depradation they had Committed on the goods and interest of the Innocent English they afterwards proceeded to extend and exercise their Diabolismes and Infernall Cruelties on their Persons also and having what adventures they had they kept them under close restraint and treating them most inhumanly and barbarously not suffering them to Land on any Christian shoar though begd on their knees with floods of Teares and having thus farr proceeded in their Cruelties against the said distressed English they do then stripp them of their wearing Apparell and insteed thereof give them many and many a stripe beating and most doggedly affronting them with all manner of additional aggravations of misery In the next place they Landed the English Master with 13 more of his Mariners on the Coast of Guinea among the Barbarous Negroes exposing them to Nakedness and Famine by leaving with them just no more sustenance then what might serve to multiply the terrors of Death by antedating the fear of death and others of the said distressed English did afterwards cast themselves through the Port-hole of the Ship into the more mercifull Ocean to avoid their Barbarous usage aboard of their French Ships And thus having exposed so many of the English to the mercy of the Barbarians leaving them only stripes for Rayment and Teares for Food they now proceed in their mischevious malice against the residue of the English Mariners of the said Ship Endeavour and had resolved to have sent them to Arabia there to have sold them for Slaves had not the Almighty by contrary Winds counter-manded their hellish designe and so in mercy gave a check to their unlimitted resolves which slavery though they providently escaped yet afterwards all of them save one which was as a reserve of Providence on purpose to bear witness of the Truth by these unparalled Barbarismes perished some in Irons starved to death as the Chief-mate of the Endeavour and others famished through the extremity of those wants and Barbarous usages dyed by those intollerable hardships of those inhumane French-men who not satisfied with so stately a Ship as the Endeavour was nor with so rich a Lading as she had nor with the more precious blood of so many English as Sayled in her did yet after all this upon their surprizal of another English Ship cast no less then 18. of her English Mariners into the Sea plundered her Lading and so fired the Ship and many moneths after attempted to have taken also the Ship coming from the East India aforesaid Having treated of the matter of Fact wee beseech your Majesty to take a short review of the proceedings of the French in order to satisfaction for though the loss which the English sustained amounted to no less then 16587 lb. besides the Lives of so many English Subjects and that the said de la Roach nor any of the French ever bring the said Ship and Lading to any Tribunal for Justice in order to a Legall Judication insomuch that the English were for prevention of Famine to many Widdows and Fatherless Children at home as before had happened to their Husbands and Parents abroad necessitated to make their application to the Powers then usurping in England and having procured examinations to be taken upon oath of the whole matter of Fact in due form of Law did Transmitt them to Paris where they were Translated into French by the French Kings order whereupon the said usurping Powers in England sent their several speciall letters to the French King and Cardinal Mazarine instantly pressing for speedy Justice on the behalf of the English with like letters to their Agent Lockhart to Solicite most earnestly at the Court of France which he did accordingly though Ineff●●tually For notwithstanding all this such was the power prevalency and interest of the said Marshall de Mill R●e at the Court of France who slighting the Decrees of the Court made for his Appearance stood out in peremptory Contempt of the said Court and Appeared not At length after years attendance spent in Soliciting his business that unparralled order Evasion or Delusion was made by the Supream Court of France requesting that his Majesty would write to the Marshall de Mill Ree we had thus a Cypher Instead of Justice from the French and no more in point of satisfaction for the English And all this notwithstanding the said de la Roach had confessed that the said Marshall de Mill Ree ought to pay for the Ship and Lading yea and the Marshall himself had also said that he must pay 16000 lb. for the same And the Secratary of State did promise that the English should have full satisfaction within 15 daies And the Cardinal promsed both in Paris and again afterwards in St John de Luze that the English should be forthwith paid as by the aforesaid Agent Lockharts Certificates Now forasmuch as the oppressed English for the most sad and weighty reasons aforesaid were necessitated to have recourse to the Powers then usurping in England for letters of Marque and Reprizall against the French upon this their denyall of Justice according to the Articles of Peace and the Law of Nations the distressed Complaynants in behalf of themselves and a great number of poor Widdows and Fatherless Children so made and undone by the said French Humbly Imploring his Majesties Gracious Pardon for their enforced and necessitated address to the said usurping Powers do now as Loyall Subjects to his Most Sacred Majesty fly to his Royall Person and his Regall Authority as next under God the only Sanctuary of his distressed People and to his Majesties Two Houses of Parliament as the Supream Councel and Judicature of these his Majesties Dominiors for speedy Justice in this most deplorable Case against the French that they may be Required forthwith to render to the oppressed Complainants full and effectual satisfaction for the Principal with Interest together with all Costs and Dammages sustained by the said English by reason of the said spoyle and depredation unjustly Committed by the said French as also by reason of the said denyall of Justice subsequent to that spoyle whereby the French are strengthned the English weakned Pyrates countenanced Trade discouraged much English-Innocent Blood exhausted Free-Subjects of England by Forrayners Enslaved the Articles of Peace Violated and the Law of God of Nature and of Nations contemned and despised that so the great sufferings of these his Majesties oppressed Subjects may at last by a meet and equivalent reparation and satisfaction be Ballanced according to Justice and Equity And that in case they shall on his Majesties demand of Justice still as formerly deny it that then according to their own Articles of Peace and the Law of Nations his Sacred Majesty would be Graciously pleased to cause Letters of Marque or Reprizall upon this Specia●l Case to issue against the French or such other course to be taken as to his Majesty shall seem expedient for the relief and satisfaction of his Poor Distressed Suffering Subjects in a Cause so Just so Deplorable so Loudly Crying for Justice so Emphatically pleading for Pitty and Commiseration And the Complaynants your Majesties ever Loyal Subjects shall ever Pray that he by whom Kings Raign and Princes Rule would still preserve your Sacred Majesty as his Anointed ever under a Guard of Angels Bless you in your Government and in both your Houses of Parliament Enthrone you in the hearts and affections of all your Majesties Subjects in all your Dominions for many years here and in the presence of Angels and Glorified Spirits in the Kingdome of Heaven to all Eternity hereafter FINIS Bowers Harpley Tuskin Teat ●…n Jopp ●●…nphrie
Justice or rather Injustice And the Reporter Busherat much against the interest of the English confessed to Mr. Petit and Mr. Morrel that it was not done according to a Legall course of Justice And by another of the 16th of June in these words viz. Your Councellor hath Petitioned the Court for a Copy of your Papers and of the Sentence but it is denyed saying that they are in severall mens hands and that we could not have them And by another of the 27th of July in these words viz. That the Papers cannot be got unless the Powers then usurping in England make it their request Besides it was also advised that the French Secretary of State hath forty Thousand Livers stock with the Marshall de Mill Ree in that unluckie Madagascar designe We had an Agent in Paris no less then nigh four years Attending and Soliciting this business who never had the least notice Summons or Monition as by Law he ought to have had that any Sentence was to be given neither were our Procurator nor our Councell so much as Summoned to appear or heard to speak in the cause at the time of such their Sentence So that if any such were at all it was done Secretly Surreptiously and Clandestinely and as such it is void and null in Law when for two years before we were most urgently and instantly pressing dayly the Court for a hearing and for Justice but could obtain neither Of all which their proceedings we the English were necessitated to complain to the powers then here usurping who upon the 10th of June 1658. perused the aforesaid Report from the said High Court of Admiralty of England And it was ordered that Thurloe should together with his Letters send Copies of the said report both to the French Ambassador and to the said Agent Lockhart pressing them to renew their Addresses that notwithstanding the pretended Sentence given in Paris full and speedy satisfaction might be made to the afflicted English complaynants which being writ sent and delivered accordingly the said Agent Lockhart wrote thereupon to Count Bryene the Secratary of State in France with intimation that Letters of Reprizal would be issued for the relief of the English in case satisfaction were not otherwise speedily made them The second of December following relation being made by Thurloe to the new usurping powers here how that he had sent letters with the coppies of the Report of the Court of Admiralty in conformity to the former order of the 10th of June past and had desired the French Ambassador and the Agent Lockhart to make their earnest addresses that satisfaction should be forthwith made to the aforesaid English and yet notwithstanding the same was not done It was ordered that letters of Reprizall should be granted to the said English for reparation of their said losses against the French in case satisfaction be not given them by or before the first of March next untill which time and no longer the issuing thereof is to be respited and forborn whereof the said Thurloe was again ordered to give notice to the Lord Ambassador Bourdeaux and also to the Agent Lockhart that they might Communicate the same to the French King Thurloe having accordingly wrote and sent intimation to the said French Ambassador and to the said Agent Lockhart of the aforesaid order how that letters of Reprizall would be issewed in case satisfaction should not be made to the English by or before the first of March then next ensuing Whereupon the said Agent Lockhart having recourse to the Cardinal and to the Secretary Count Bryene about it and complayning of their illegal Sentence given without having given the English so much as notice that the cause was to be heard or sentenced a thing never before heard of The said Secratary made reply and promised both A ●●vocation of the Sentence unduly past to the prejudice of that cause and satisfaction to be given to the English within 15 daies which appears by the Certificate under the hand of the said Lockhart dated the 13th of June 1659. And by another Certificate of his the said Lockhart dated the 10th of March 1659 60. how that at his being in St. John de Luz in complyance of an order from the Rump Parliament the said Cardinal Mazarine promised him that the business should be dispatched assoon as he and the Councell mett and that full satisfaction should be given to the English But to this day the English have not received a penny to the utter ruine and decay of many of his Majesties good Subjects their Wives and Children We cannot 〈…〉 eal but here insert the Declaration upon Oath of Thomas Atkinson one of the English Marriners of the Ship Endeavour who with many more of the English of the said Ships Company the said de la Roach and Company carried away in their French Ships 1. How that the said de la Roach did after his being aboard the French Ships and long after the casting the Master and many more of the English a shoar in Guinea take another English Ship whose Masters name was Fisbell and threw eighteen men into the Sea and having taken out of the said Ship what they pleased they set her on Fire 2. That the four French Ships had 56 great brass Ordinance belonging to the Crown of England which they had from Prince Ruper 3. That de la Roach mett with Captain Taylers Ship as she was coming from the East Indies with whom he fought but could not take his Ship 4. That after the said de la Roach and Companions were arrived at Madagascar they made ready and manned out the English Ship Endeavour with intention to have carryed all the English to Arabia to have sold them for slaves but the Monson or Winde turning prevented them 5. That the chief mate of the Endeavour was starved and died in Irons 6. That all the rest of the Ship Endeavours Company were either famished and died for want or by inhumane usage and that none remained alive but himself 7. That being most miraculously returned to Nance and there Petitioning the Marshall de Mill Ree for wages he threatned him and bid him go to his Owners and Imployers for his pay saying that he must pay 16000 lb. for their Ship and Goods 8. That the said de la Roach did carry him before a Judge in Nance and bid him declare that the Ship Endeavour and her lading did belong to Spaniards and shewed him a handfull of Pistols whereof he threw one to him and said that he would give him all that Gold and would moreover pay him his wages if he would swear so and when they had understood that he had not so declared before the said Judge one of the Captains that was with the said de la Roach in his Voyage did run at him with his drawn Swords and having escaped from him and receiving advice that they had determined to kill him by the help of some English he got in