Archidux omnes singulas obligationes modo forma praemissis conceptas 15 die Maij praedicto in Ecclesia praedicta deputato vel deputatis ejusdem Regis tradet deliberabit aut tradi deliberari faciet One and Twenty Select Articles of the Treaty of Peace between the Crowns of France and Spain concluded and Signed upon the Confines of the Pyrenean Mountains the 7 th of November 1659. Translated from the Original That all Enmity or Misunderstanding shall be forgotten by either parties upon occasion of the present Wars Art IV. ALL occasions of enmity or misunderstanding shall remain extinguished and for ever abolished and whatsoever hath been done or hath happened upon occasion of the present Wars or during the same shall be put into perpetual oblivion so that for the future of neither side neither directly nor indirectly shall any inquiry be made for the same by Justice or otherwise under any pretence whatsoever nor shall their Majesties or their Subjects Servants or Adherents of either side shew any manner of remembrance of any offences or damages suffered during the War That the Subjects of both sides shall have liberty to trade in one anothers Countries without any Lets or molestations Art V. By means of this Peace and strict amity the Subjects of both sides whatsoever shall have liberty they observing the Laws and Customes of the Countrey to goe to and fro to dwell trad and return into one anothers Countrey Merchandizing or as they shall think best both by Land and by Sea or any other Fresh waters to treat and trade together and the Subjects of the one shall be maintained and protected in the others Countreys as their own Subjects paying reasonably the Duties in all accustomed places and such others as by their Majesties and their Successors shall be imposed Priviledges mutually granted in each others Dominions Art VI The Towns Subjects Merchants and Inhabitants of the Kingdoms Dominions Provinces and Countreys belonging to the most Christian King shall enjoy the same Priviledges Franchises Liberties and Sureties in the Kingdome of Spain and other Kingdoms and Dominions belonging to the Catholick King as the English have by right enjoyed by the last Treaties made between the two Crowns of Spain and England and no greater Duties or Impositions shall be exacted of the French and other of the most Christian Kings Subjects either in Spain or any where else within the Lands or other places of the Catholick Kings obedience then have been paid by the English before the breach or then are paid at this time by the Inhabitants of the United Provinces of the Netherlands or any other strangers that shall be there the more favourably intreated The same shall be done within the whole extent of the obedience of the said Lord the most Christian King unto all the Subjects of the said Lord the Catholick King of what Countrey or Nation soever they be The penalty of transporting prohibited goods Art VII In consequence of this if the French or any other of his most Christian Majesties Subjects are found in the said Kingdoms of Spain or upon the Coasts thereof to have shipped or caused to be shipped upon their Vessels in what manner soever it may be any prohibited goods to transport them out of the said Kingdomes the penalty shall not extend further then hath been heretofore practised in such cases towards the English or then it is at this time practised towards the Hollanders in consequence of the Treaties made with England or the United Provinces and all Inquiries or Processes hitherto made about the same shall remain null and be extinguished The same shall be observed towards the Towns Subjects and Inhabitants of the Kingdoms and Lands belonging to the said Lord the Catholick King who shall enjoy the same Priviledges Franchises and Liberties throughout all the Dominions of the said Lord the most Christian King The form and manner of exhibiting Passes and Dockets as to the Spanish Ships Art XIV That the Ships and Barques with the Merchandizes belonging to the Subjects of the Lord the most Christian King being come into any Haven of the Lord Catholick King where they used to come and trade before the present War and being willing from thence to pass unto the Ports belonging to the said Enemies they shall onely be bound to shew to the Officers of the Spanish Port or of any other of the said Lord and Kings Dominions from whence they are to go their Passes containing the specification of the lading of their Ships attested and marked with the ordinary hand and seal and acknowledged by the Officers of the Admiralty of the places from whence they came first with the Declaration of the place for which they are bound the whole in the Ordinary and accustomed Form After which exhibiting of their Passes in the form aforesaid they shall not be disturbed or molested detained nor retarded in their voyages under any pretence whatsoever Passes as to the French Ships Art XV. The same shall be done as to the French Ships and Barques that shall go into any Roads of the Catholick Kings Dominion where they used to trade before the present War and shall be unwilling to enter into the Harbours or being entred there yet will not unlade or break Bulk who shall not be obliged to give any account of their lading but only in case of suspition that they are carrying any contrebanda-Goods unto the enemies of the said Lord the Catholick King as aforesaid Passes to be shown upon great Suspicion Art XVI And in the said case of apparent suspition the said Subjects of the most Christian King shall be obliged to show in the Ports their Passes in the form above specified Passes to be shown to the Spanish by the French in the Roads or the open Sea Art XVII But if they be entered into the Roads or be met in open Sea by any of the said Lord the Catholick Kings ships or by private Men of War of his Subjects the said Spanish Ships to avoid all kind of disorder shall not come nearer to the French then the reach of the Canon and shall have power to send their cock boat or shallop aboard the said French Ships or Barques and cause two or three of their men only to go into them to whom shall the Passes be shewed by the Master or Patron of the French Ship in the manner aforesaid according unto the Form that shall be inserted at the end of this Treaty whereby it might appear not only of their lading but also of the place of their abode and residence and of the name both of the Master and Patron and of the Ship it self That by those two means it may be known whether they carry any prohibited goods and that it may sufficiently appear both of the quality of the said Ship and of its Master and Patron unto which Passes and Sea Letters full Faith and Credit shall be given And to the end their validity might
Letter D No. I. II. The Depositions of the Witnesses taken in the Court of Admiralty concerning the matters of fact and Damages marked C No. I. II. The Certificate from the Commissioners upon the Statutes made concerning Banckrupts marked C No. III. The Agreement between the Mariners and Adrian Vanderstell concerning the Henry Bona Adventure marked C No. IV. Sir Paul Pindars Procuration to Jonas Abeels D No. IV. Anno 1647. The Summons and Proceedings before the Magistrates or Schepens at Amsterdam B No. I. The Certificate of Sir Paul Pindar's Death B No. III. The Acts and Proceedings of William Tombes before the Dutch and English Commissioners Anno 1654. B No. II. The Petition of Tho. Newman and the Mariners to the said Commissioners Anno 1654. B No. IV. The Petition of Henry Powell on behalf of himself and the Creditors claiming under the Statute the Damages of both Ships Anno 1654. B No. V. The Petition of Sir John Ayton George Carew and Charles Whitaker to the King A No. I. The Deed of Assignment from Sir Edward Littleton to George Carew John Ayton and others D No. III. Anno 1656. Letters of Administrations granted to George Carew of Sir William Courten's Estate and of Sir Paul Pindar's to Sir William Powell A No. II. Several Proeurations to George Carew from Commissioners of Banckrupt from Sir William Powell Sir John Ayton Thomas Kynaston and the rest of the interessed A No. II. III. IV. V. Notwithstanding all this the report went at the Hague that the Kings Commissioners appointed to Treat with the Dutch Embassadors at London had excluded us from any extraordinary remedy by the Treaty whereupon I presently sent this Letter following to the said Commissioners These for the Right Honourable George Duke of Albemarle and the rest of the Commissioners appointed by the Kings most Excellent Majesty to Treat with the Dutch Embassadors Right Honourable MAY it please your Lordships I am commanded by the Creditors of Mr. Courten Sir Edward Littleton and Sir Paul Pindar that have entrusted me with their perticular Complaint against the East-India Company of the Netherlands to give your Honors an Accompt of my Transactions at the Hague with these following Considerations that a right understanding might prevent the Miscarriage of their business A Demand was made of the States General on their behalf in the Kings Name upon His Majesties justly grounded Letters of Recommendation The Bewinthebbers of the Company at the first Treaty offered 85000. Gilders with Interest since the Year 1649. provided I would by consent simul semel commence the Suit against them and Jacob Pergens before the Magistrates at Amsterdam in Satisfaction Afterwards the States of Holland perswaded them to decline any further Treaty upon pretence the King had promised their Embassadors that no Damages in the East-Indies should be insisted upon before the 20. of January 1659. I shall not trouble your Lordships with perticulars but refer your Honors to the enclosed printed Reply given unto the States Impertinent Answer of the 22. of June last The Interessed of the Ships Henry Bona Adventure and Bona Esperanza are above Three hundred several persons many of them Orphans and Widows whose Fortunes were bound up in the sad and deplorable condition of those two worthy Gentlemen Sir William Courten and Sir Paul Pindar That lent the late King of ever blessed memory 95000 l. for the Ordinary support of his Crown before the late War and borrowed 120000 l. upon their Credit to carry on the China and East-India Trade by the late Kings especial appointment and Commission in the Year 1636. which the Dutch by Violence and Rapine have destroyed and yet the Complainants not any ways satisfied included or excluded by any Agreement Treaty or Confederacy in the Years 1649. 1654 1659. Since the Reply to the States Answer was dispersed in English French and Dutch most of them are ashamed of themselves and several of the Provinces are much troubled for the Injuries and Oppression we have suffered and will protest against the rest if we have not speedy Reparation made answerable to our Damages The persons concerned would rather perish than ask any thing inconsistent with the Honour or Safety of the King and Kingdome and they should forseit their owne judgement and reason to Imagine that the King would put His Subjects into a worse condition than the Treaties of Oliver and Richard the Usurpers had left them or that the Commissioners appointed in this Treaty should allow the Preamble lately sent to the Dutch Embassadors to incert before the Articles newly started contrary to the Instructions of the 10. of May last intending by general words to make voyd all private Actions depending between the Subjects of England and the People of the United Provinces opposite to the Law of Nations and all Common Right The King was graciously pleased to promise that he would not insist upon Commissioners for Damages of His Subjects in Europe before 1654. or in the East-Indies before 1659. but leave them to other Remedies But in this extraordinary Case of Oppression and Injustice the King recommended it to the States General for their Examination and if we should now accept of 85000 Gilders with Interest in full satisfaction for such great Damages so highly disputed by the Kings command and most precise Orders of the Councel-board It were not onely to admit of the Companies silent Reasons for Taking the Ships but equally to betray the Dignity of the King and His Crown the Strength and Courage of His Subjects and the Justice of our Case which we cannot do for consequence sake being ready for Judgement in a way of State at the Hague and some of the Company willing to give Satisfaction in this our Case as the States shall appoint The Holland Interest is Trade and their Business to Discourage all others but themselves When they are called to Accompt for Violencies and Robberies committed at Sea their Pensioners or Statesmen give ill language and would insinuate to the King that it obstructs the good Intelligence held between the Crown of England and the States of Holland whereupon they have taken great advantages and by those mistakes have been further encouraged to proceed in their wicked practises knowing that to Implead them in their own Courts of Judicature would but add Mischief to Misery being both Parties and Judges themselves Yet if they lose but a Herring-boat the whole Province is concerned to recover it or satisfaction They are a Generation made proud and insolent by the condiscention of Princes and so much the more considerable in the World as the King of Great Britain is pleased to grant them in Treaties and Alliances They are men not to be obliged by Kindness the Soveraignty being in the Common people who are altogether insensible of Honour living upon the spoils of Nations and growing rich by the vanity sloth and excess of their Neighbours My Lords Admit the King should refuse to Treat without
caution to perform their Articles rather than they would want the benefit of English Harbours in Winter or the Countenance of Great Britain all the year they will subscribe to any condition knowing that France and Spain holds correspondency no longer than they have a fair opportunity to reduce them to their first principles or requite them in some other kind The Frontier Towns are wholly kept by English Scotch and French that know both the strength and weakness of their Countrey and they are forced to continue their Armies as much to govern by an Arbitrary way at home as to defend themselves from Invasion abroad their Shipping must be supplyed by Strangers that are not any way concerned for the defence of their Countrey therefore the King may take his advantage and set a valuable price upon his owne Inheritance which God and Nature hath endowed him withall My Lords I know they hunger after a nearer Alliance with the King and had rather be at Enmity with the whole world than not in Amity with England They term the Union with the King like man and wife I humbly beseech you in the name of all the Interessed persons for whom I am concerned that by some special Provisoe in the Treaty Ours being an extraordinary Case It may be reserved to such Remedies as the King and His Councel shall think fit otherwise all English men beyond the Seas that have heard the noise of this Case will despair of any protection and resolve if the King cannot have that Reputation throughout the world that no Kingdome or Nation whatsoever shall dare to affront His Merchants at Sea their Trade will be wholly left to them that so earnestly persue it I beg your pardon for my boldness and leave all to your grave wisdoms and considerations subscribing my self From my Lodgings at the House of Nassau in Papa Street at the Hague July 17 25. 1662. Your Honours most faithful and humble Servant George Carew The third Memoriall of Sir GEORGE DOVVNING to the States Generall THe underwritten Envoy Extraordinary of His most Sacred Majesty of Great Britain c. is very sorry that he must still reproach their Lordships that yet to this day since the Return of his Master into His Kingdomes there is not one Example made by them or their Order for satisfaction and reparation to any of His Subjects in any of those many and grievous Complaints which in His Name and by His special Orders have been from time to time made unto them the which their Lordships must think cannot but neerly touch such a King and such a Neighbour and the more when He considers how frequent the Examples of their Justice were in the dayes of those who usurped His Crowns and Authority and also how many Examples have been of His Justice from day to day towards their Subjects at the request of their Embassadors by the interposition of His Royal Authority And though it is now a considerable time since he the said Envoy Extraordinary did give in to their Deputies his Replies upon what had been given him by them concerning the Ships Bona Esperanza Henry Bona Adventure and the Ship Charles by which it appears to the whole World how groundlesse and frivolous were the Shifts and Pretexts which those who have done these Robberies and Uiolences would avoyd the making satisfaction for them yet he hath not since that time heard one word from them or from their Lordships concerning them And he doth herewith further complain that a certain English Ship called the Content of London whereof one William Jordan was Commander sailing out of the Downs in the Month of October last for the Coast of Africa was there in a hostile manner set upon by two ships belonging to the West-India Company of this Country the one called the Golden Lyon and the other the St. Barbara and taken the People stripped and plundered and he doth demand that satisfaction and reparation be forthwith made to the persons interessed as also to those concerned in the Experience the Ship Daniel Brazil Frigot Leopard St. John Baptist and others concerning which complaints have been made to their Lordships And de doth hope that he shall at last be able to give an account to His Master of the reall effects of their Justice without which it is but a prostituting of His Honour and Dignity to continue the sending His Subjects hither and endeavouring to obtain reparation for them in this neighbourly and friendly way Given at the Hague this 6 16 August 1662. George Downing The Answer of the Lords States General Translated out of the Dutch Original to Sir GEORGE DOVVNING's Third Memoriall THE States General of the United Provinces c having seen examined and considered a certain Memoriall delivered by Sir George Downing Envoy Extraordinary from His Majesty of Great Britain c. in his late conference with their Ho Mo Deputies as also his Memorialls presented from time to time concerning the Ships called the Bona Esperanza and Bona Adventure After mature deliberation they have thought fit to declare by these presents that their Ho Mo did not in the least doubt but that the said Envoy Extraordinary and the King His Master would have acquiesced in the particular informations and circumstances comprehended in their Ho Mo Answer on the 22 of June last touching the same Subject protesting that they did only cause this to be done for better information and no otherwise but finding contrary to what was expected their Ho Mo can assure the said Envoy Extraordinary and the King His Master with all truth and sincerity that they find nothing in the said Memoriall nor in the said Pieces joyned that can in the least weaken the force of the said Information whereupon their Ho Mo would inlarge themselves were it not that by the Treaties of 1654 and 1659. these as also all other pretences known by the one side or the other before that time ought to be considered as matters extinguished whereby their Ho Mo think it not fit to enter into any dispute with the said Sir George Downing being that the same hath been presented to His Majesty by the Embassadors of this State and caused the said matter to be deliberated on in his Councell who did acquiesce therein as it doth evidently appear by His Majesties solemn Answer Signed by one of His Secretaries of State and delivered to them on the 25 of May last as likewise in his Majesties solemn Declaration made to the Embassadors in their Audience at Hampton Court the 4. of July last and their Ho Mo do only depend upon His royal Word passed at that instant as also upon those reasons which are equitable and just passed in their Ho Mo Assembly at the Hague the 26 of August 1662. Second Reply of Sir GEORGE DOVVNING Envoy Extraordinary from His MAJESTY of Great Britain c. Presented to the Estates General the 1. of Sept. 1662. THE underwritten Envoy Extraordinary of His most Sacred
in the way in which they are or immediately if their Lordships see good brought to an issue the Treaty will be forthwith concluded the which His Majesty doth and all good men ought to their utmost to desire and promote for the avoiding those deluges of miseries which the breaking off thereof will certainly let in and it is an easie matter when waters are within their bounds to keep them so but very hard to return them to their old Channels when they have found a new one Given at the Hague the 30 of August 1662. George Downing AFterwards the States General made several Resolutions or pretended to make such Resolutions to send for their Embassadors from ENGLAND without any Effects of the Treaty whereupon their Embassadors went several times to the King and chief Ministers of State solemnly to crave their Credential Letters to be gone which were prepared ready for them and His Majesty ordered the Secretaries of State that they should be delivered as soon as they pleased to call for them But afterwards the Embassadors upon better consideration entred into further conference with the Kings Commissioners and concluded the Treaty with the Clause in the XV. Article containing these words within a Parenthesis hoc excepto quod scilicet qui se jacturam passos dicunt in duabus Navibus videlicet Bona Aventura Bona Esperanza poterunt litem inceptam prosequi which litem inceptam was agreed after three weeks debate on it before the Treaty and concluded that it should be understood and construed to be in the way it now depended between the King and the States General and not left to the ordinary course of Justice in Holland The Articles of the Treaty being thus agreed and concluded after they were signed by the Embassadors and Commissioners the Embassadors sent them away by a Gentleman of their owne with a Letter to the States General Articuli Foederis Amicitiae inter CAROLUM II. Magnae Britanniae c. Regem Ordines Generales Foederati Belgii POstquam Divina Providentia nuperos in Anglia motus suaviter composuerat Serenissimum Magnae Britanniae Regem ad avita Regna ac dominia sua admirabili quodam populorum applausu reduxerat dictus Dominus Rex eò statim curas cogitationes applicuit ut pacem amicitiamque cum Vicinis Confoederatis suis vel continuaâ—et vel redintegraret Ex omnibus autem Gentibus quae cum dicto Domino Rege vel cum Regiis Praedecessoribus suis unquam sociatae sunt nullas Celsis ac Praepotentibus Ordinibus generalibus Foederati Belgii praeferendas esse censuit tum quod dictus Dominus Rex ejusque Praedecessores propensum semper benevolum Animum erga dictos Dominos Ordines eorumque Rempublicam ostende in t tum quod mutua subditorum dicti Domini Regis Dominorumque Ordinum Generalium commoda commercia praesertim ejusdem religionis professio singularem quandam affectûs consilii unionem ad uttiusque populi stabilimentnm incrementum postulare videantur Cumque dicti D. Ordines moti super memoratis rationibus nihil antiquius habuerint quam ut omnimodò pristina foedera inter dictum D. Regem dictosque Dominos Ordines renovarentur firmiori nexu stringe entur Ideoque Legatos suos Extraordinarios in Angliam miserint Dominum Ludovicum de Nassau Dominum de Lecke Beverwaert Odiocke Simonem van Hoorn Consulem Consiliarium Urbis Amstclodamensis Deputatum in Consilio ordinario Hollandiae Westfrisiae Michaelem van Gogh antehac Syndicum Consiliarium Urbis Flissingensis Deputatum ad rationes Provinciales Zelandiae Joachimum Ripperda de Fermsum Urbis Appingadam Helm Uytwaarda Marsum Byrsum Salweert Eversum Deputatos Hollandiae Zelandiae Groningue Omlandiae in consessu Ordinum Generalium ad arctiorem firmioremque pacem amicitiam cum dicto Domino Rege ineundam placuit dicto Domino Regi deputare ex parte sua Commissarios Procuratores suos è secretiori sacrae Regiae Majestatis Consilio Iohannem Baronem Robarts Custodem privati sigilli Georgium Ducem Albemarle exercituum in Magna Britannia Hybernia Capitaneum generalem equorum Regiorum Magistrum Edvardum Comitem Mancestriae hospitii Regii Camerarium Hieronymum Comitem Portlandiae Densillium Baronem Hollis Antonium Baronem Ashley Scaccarii Regii Cancellarium subthesaurarium Carolum Barckly equitem auratum hospitii Regii Thesaurarium Georgium Carteret equitem auratum Baronettum hospitii Regii Vice-Camerarium Edvardum Nicholas equitem auratum unum atque Guilielmum Morice equitem auratum alterum primariorum Regis Secretariorum ut super proposito foedere cum dictis Legatis tractarent concluderentque secundum Litteras plenae potestatis utrinque exhibitas Tandemque inter dictos Regiae Majestatis Commissarios ab unâ Dominorumque Ordinum Legatos ab altera parte conventum concordatum est I. Imprimis quod ab hoc die sit vera firma inviolabilis pax amicitia sincerior intimior atque arctior Confoederatio Unio inter Serenissimum Magnae Britanniae Regem atque Celsos Praepotentes Ordines Generales Foederatarum Belgii Provinciarum Terrasque Regiones Civitatesque sub utriusque ditione sine distinctione locorum positas earumque subditos incolas cujuscunque demum gradus fuerint II. Item uti dictus Dominus Rex dictique Domini Ordines Generales maneant Amici Confoederati necessitudine amicitiâ conjuncti adstricti ad jura atque immunitates subditorum alterutrius contra quoscunque demum tuendas qui utriusque status pacem terrâ marive disturbare conabuntur vel qui intrà alterutra dominia degentes publici utriusque status hostes denunciabuntur III. Item quod dictus Dominus Rex dictique Domini Ord Gen nihil agent facient molientur tractabunt aut attentabunt adversus alterutrum vel subditos alterutrius quocunque in loco five terrâ mari portubus districtibus finibus aquis dulcibus quacunque occasione nec eorum alter vel subditi alterutrius dabit praestabit vel subministrabit ullum auxilium consilium seu favorem neque quicquam agi tractari vel attentari ab alio quoviscunque assentiet in damnum aut praejudicium alterius vel subditorum alterutrius sed omnibus singulis de gentibus vel commorantibus vel existentibus inter alterutrius dominia qui contra alterutrum quicquam agent facient tractabunt vel attentabunt uterque expressè cum effectu contradicet renitetur atque impedimentum realiter praestabit IV. Item quod neque dictus Dominus Rex vel dicta Respublica neve ullus exsubditis alterutrius incolis aliisque in eorum ditione çommorantibus alterutrius Rebelli quocunque subsidio consilio studio sovebit adjuvabit sed expressé contradicet atque efficaciter obstabit ne quid auxilii aut adjumenti ab ullo qui aut ex subditis incolis aut commorantibus in alterutrius Dominiis fuerit ullis
Doedessen Star had taken her in persuance of a certain Resolution of this State requiring all Captaines of their Ships of war to seize all private men of war of Biscay as troublers of the freedome of commerce and traffique by Sea And this being all that is alledged by their Lordships the said Envoy Extraordinary doth very much wonder that they should in their said answer charge the said Spragg of impudence in applying to the King his Master and from him to their Lordships for Iustice and much more that they should take upon them the patronage of this action of Doedesson Star's and make it their own this being no more in effect than what was alledged in the Letter from the Admiralty of Amsterdam to them of the 1. of November last and communicated about that time to him and consequently he doth not see how or upon what account their Lordships or he the said Envoy Extraordinary should be better satisfied with this Answer than with the said Letter Captain Spragg was no more a Pirate than Doedesson Star he had a Lawful Commission from the King his Master whose native Subject he was to seize and take all Ships and Merchandises belonging to any of His Subjects then in Rebellion against Him and in persuance thereof meeting with the aforesaid Ship and finding her to be come from the Canaries 19. parts of 20. of the Wine of the growth of which place are constantly bought by the Subjects of His Majesty and carried into His Kingdoms and there spent and His said Subjects being at that time in War with the King of Spain and upon that account in that very year making use in a manner wholly of the Ships of this Country for the transport of the said Wines to England and having other probable grounds that a great part at least of the Wines in that Ship did actually belong to the English he thereupon seized her and carried her into St. Sebastian's and what was there herein done contrary to right and not justifiable Had this Country ever any Treaty Marine with any of his Majesties Predecessors or had they any such Treaty with the Usurpers at that time in England whereby to make free Ship free goods and if not wherein was the default or crime upon strong presumptions and grounds for him who had a Commission to take Ships and goods belonging to England to stop that Ship and carry her into that place Had he kept her at Sea or carryed her into any other Country and there sold and disposed of her this had been a default but the King his Master was at that time within the Dominions of the King of Spain and all such private Men of War as had his Commission had liberty to equippe to sail out of and return into all His Ports with their prizes and accordingly the said Spragg sailed out of St. Sebastian and returned in thither with her there by lawful and due process and course in Law indevoured to make her prize and is this Piratry or shall upon this account the said Spragg be taxed with impudence for demanding of his Ship and goods Were there not in those dayes many Ships of this Country that were stopped upon the like ground of having in them goods belonging to the enemies of the English and yet those that did it not accounted or called Pirates and have not both formerly and of late several English Ships been stopped by the Ships of this Country upon suspition of having in them goods belonging to the enemies of this Country and what upon tryall have been found so to belong to their enemies actually confiscated and the rest with the Ship restored and how is this then a troubling of the freedom of trade and commerce by Sea when the same thing and no other is done to their people And in this very answer their Lordships do not affirme that the whole lading did belong to the People of this Country but as are the words the whole or at least the greater part so that notwithstanding what as yet appears to their Lordships themselves although it is to be supposed that the Merchants interessed in the said Ship put the best side outmost Captain Spragg had just grounds for the seizing of the said Ship and the subordinate Officers of Iustice upon the place were so well satisfied therewith that without a superiour command by favour from the King of Spain he had obtained a sentence of confiscation of the said Wines And had Doedesâ—n Star comported himself in like manner your Lordships had not been troubled with this complaint but when he had taken the Charles he forthwith plundr'd her to the very boards yea took out of her all that was good of her very sailes and rigging used the men barbarously and cruelly and when all was done she was turn'd going at sea by Wilshut one of Doedesson Star's Captains in stead of bringing her into this Country to a lawfull tryall and adiudication the which he was obliged to have done both by his commission and his orders from the Admiralty of Asterdam as appears by their forementioned Letter to their Lordships of the 1. of Novemb. last and Captain Spragg is so far from understanding the not doing thereof to have been any thing of favour or good hay to him as their Lordships would insinuate in their answer as that on the contrary he complains thereof in the highest manner And for what is suggested as if Wilshut his quitting of the said Ship Charles was out of necessity upon the account of her leakiness this is a most frivolous and groundless pretext for Wilshut was then upon the Coast of France as is acknowledged in the said answer and so if he had done nothing but what becomed an honest man he might have carried her into some Port of France to have stopped her leaks and then have brought her to this Country but the plain truth was this Wilshut's own conscience after some time of consideration accused him that they had done what they could not justifie neither in France nor in this Country and upon that account did not abandon her as would be insinuated but forced his Majesties Subjects into her and with menaces bid them begone with their Ship as it was or else that he would still keep them in irons the whole summer and that this was the truth and bottome of the businesse appears not only by the Examinations taken in the high Court of Admiralty in England but also by the aforesaid Letter of the Admiralty of Amsterdam the words whereof are these Pourtant s'il s'estoit retourné vers St. Martin susdit illecq extendant qu' à cause de la prise de la dite Fregatte en cette Rade existe roit beaucoup des inconvenients considerant l'incommodité d'icelle aussy jugeant l'incertitude comment la ditte prise par nous pourroit estre considerée il se conseillist les gens y trouvez remettre en leur possession