years the Queene Mother and Cardinall Richâ—lâ—â—u being at difference about the slate of affaires in France she left the Court and went to the Hague in Holland and there proposed a match betweene the Prince of Orrange and the Eldest Daughter of the King of great Brittaigne which motion Prince Henry Fredrick entertained with high Esteeme then the Queene Mother transported her selfe for England and effected the Mariage accordingly Upon hopes that Alliance might have ballanced the Cardinalls interest with the Bernevelt faâ—tion which was Uppermost in all the States to the great prejudice of the Crowne of England In the peare 1640. the longe Parliament begun their usurpacion at Westmâ—â—ster where the Commons prevayled with the King to pass a bill that their assembly should not be dissolved without their owne consent Then soâ—â— after they sett up for themselves and gave advantages to their bretheren in the â—nited Provinces to be inriched beyond Measure by the Civell diseâ—tions that followed and were foâ—ented by those factious partyes that confederated themselves together In this yeare 1640. the Portugalls renounced the King of Spaine and declared John Duke of Braguance the Lawfull successoir of Dâ—na Catharina and Crowned him their King being the 1â— King of Portugall and 4. of that name Who was Father to the preâ—ent Queene of England 〈◊〉 the II. King of Spaine haveing invaded Portugall usurped the Crowne after the death of Sebastian that was slayne in Barbery fighting against the Mores in the yeare 15â—8 The Portugalls who 〈◊〉 under the Sâ—aniards for the â—ace of 60. years were not â—e much oppreâ—ed by them in the East and West-Indies as they were by the Hâ—â—â—anders who have moâ—â— regard to 〈◊〉 owne 〈◊〉 and 〈◊〉 â—â—en they have to the orrigâ—â—â—â— rights or 〈…〉 of other men In the yeare 1643. The States Generall reneued their plaâ—â—ate against English Cloath Kersies and Dozens under greater Penalties then before with many additions concerning the â—are and at the same time spoyled Mâ— Câ—uâ—tâ—n and his partners in the East-Indies 〈◊〉 their Acts of violence 〈◊〉 as they did of oppression at home while the Subjects of England were weltring in their owne bâ—oud in many partes of his Majesties Kingdomes 〈…〉 〈…〉 In the yeare 1648. the longe Parliament haveing runâ— into all Extreames by subverting the goverment of Church and state they acted their bloudy tragedy which I am unwilling to mention but that I find the sâ—heane yearly represented in my dutch Almanacks and the impressions in Folio at Amsterdam with the names of the Râ—gicides under the Sculptures which they send unto all parts of the world insinnuating to the Pagans and inâ—idells that English men are the worst of all Nations not worthy of any trade or commerce having murthered their King at noone day in the face of the â—onn and soe for their owne Ends would sâ—andalize and reproach a whole Kingdome for the inveterate malice of some particular men that toke away the life of their Lawfull soveraigne Lord and King Who they knew by the Maximes of their owne Law could not erre In this yeare 1648. the States Generall fearing that France upon the conquest and dividing of the Spanish Netherlands would betoo potent a neighbour for them they make a peace with Spaine at the treaty in Munster against the consent of the French King who would not be included in the sayd treaty And in the same yeare at that generall treaty there was a peace concluded betweene the Emperour of Germany The French The Sweeds and The German Princes after those intestine warrs had continued thirty years and the people in the Pallatinate reduced to such Extreamity that they were forced to eate their owne children to satisfie their hunger The Hollanders after they had drayned the West-Indies Spoyled the trade of Antâ—â—erpe Gante and Brugis by Magnifiâ—ing Amsterdam Rotterdam and Dort They left the Spanish Netherlands to be a Bulwerke betweene theâ— and France as the House of Austria remayned a Bulwerke to Spaine and that Monarchie the cheife Fortress of Rome But now all three are became Auxilliaries to the Hollanders for Propogation of Gods word at Amsterdam amongst the Jews and inâ—idells there Sone after the peace with Spaine the States of Holland against the consent of the generality would disband and Cashiere many English and French Regiments of horse and foote Although the Officers were Gentlemens yonger sonns that had spent their Youth and fortunes in the States service The Prince of Orrange refusing to doe it without pentions granted them for their lives according to the Custome of Armes They shutt up the Comptores of Amsterdam Delf and Dort c. assigned for their payments This ingratitude Which Comprehends all other vices Moved the Prince of Orrange to send severall of the cheife Agents in that designe to the Castle of Lovestine From whence their party are called the Lovestine Faction and drew up his whole Armey in the yeare 1650. before Amsterdam to apprehend the rest of their consorts who were opposite to his interest and the Alliance with the King of great Brittaigne But was prevented in his approach by the sluices that were opened to obstruct his March Sone after that attempt the Prince of Orrange dyed and the Lovestine Faction made this Epitaph upon him De Prince is doodt de gift is groot gheen bliâ—der maaâ— in tachtentigh jâ—er Which was sounge by their children about the Streets and mentioned in the pulpitts for joy But within eight dayes after his death there was another gift sent to the great comfort of manâ—y The Princess Royall was delivered of this yonge Prince of Orrange on the 14. of November 1650. new stile against whome John de Witt and his faction in the States of Holland framed an oath which every man was obliged to take before he could be admitted into any office of the goverment either as Burgermaster Belieu Scout Schepen or Pentionaris the substance whereof was that they should not directly or indirectly advance the Prince of Orrange or his interest but oppose it by all means possible And the malice of the faction was such that many of them sealed their resolutions with their owne bloud making small incisions in their hands whereout issued some dropps of bloud into a glass of wine which they drunke and were not ashamed to shew those markes of pyety to their brethren as toakens of their devotion And would not suffer their Ministers in the publique congregations to pray for the Prince of Orange even as Christians were obliged to doe for their enemies Yett â—e was not forgâ—tten by the meane people but hath lived to see two of the faction rewarded according to the Laws of Candy where ingratitude is punished with death In the yeare 1650. Custodies libertatis Angliae Authoritatae Parliamenti that had seâ—luded halfe their owne members and voated downe the house of Lords called themselves the supreame Authority of great Brittaigne and were styled â—oe by the King
goods that his Majesties rebellious subjects had taken from the States Generall and their subjects during his Majesties Exile in the late warr In the yeare 1662. the States Generall concluded a treaty of Comon Alliance with the King of great Brittaigne wherein the States were obliged to regulate the trade of India restore Pollerone and Especially to give satisfaction for the two Shipps the Bona Esperanza and Henery Bonadventura as also to referre other losses of his Majesties Subjects unto Comissioners who were to receive a list of their dammages under severall restrictions and limitations of time and place Then the States Generall entred into a new league with France never intending to performe the treaty with England insinnuating to the French King and his Ministers that the King of great Brittaigne resented severall affronts that were done to him by the French during his Exile and that he might take occasion from thence to reclayme the two Provinces of Normandy and Brittaigne the ancient inheritance of the Crowne of England which would make him absolute Soveraigne of the seas and give laws both to France and Holland Soe they ingaged France by that new league to protect them in their Fisheries and growing more confident in that Alliance the States gave fresh occasions of dispute upon the Coast of Affrica accompting Europe Asia and America not sufficient to maintaine their pride and ambition but they would also ingross the trade of the other parte of the world to affront the Royall Company of adventurers in England holding themselves secure by the French league against all the force of arguments and Armes that could be brought against them by the King of great Brittaigne which aludes to the dictates of Monsieur Wâ—menem and others of the great and mighly Lords the States of Holland That the States Generall had sufficiently humbled the Spaniards That the Princes bordering upon the Netherlands were rich enough to make a feast but not able to maintaine a warr That even the French of themselves were noe more then a breakfast to the States Generall England only a Dinner The Sweed and the Danes but a Colation boasting that those Kingdomes were wasted by such warrs that had inriched the States Generall A most wonderfull alteration within the memory of man in this age of wonders as the Appealants Calls it since the States of Holland and the States Generall sent their Deputies to the publick assemblies at the Hague with Roaken flesh and cheese in their Rye sacks out of netessity to save Expences in harbours That are now able to contend with soe many Kings and Princes Upon the last Alliance betweene France and the United Provinces the French King established an East-India Company Ordanning that it should be noe indignity to any of the Princes of the bloud or others of the Nobility in France to adventure and become participants in that trade The Hollanders being statled thereat fearing it might deminish their traffique they sent Monsieur John Tylliot a Captaine of horse in their Militia to make some diversion and give Discouragments to that enterprise who being wel acquainted at Paris and in the French Court insinnuated in all Companies that they would loose their principall stocks which adventured upon any such long Voyages where the Hollanders would both undermine and overeach them in all their undertakings but for his paynes the King committed him to prison where he remayned two years and upwards untill some returne Shipps came from the East-Indies to manifest the contrary It is an old dutch principall where the Hollanders cannot accomplish their designes by force they will indeavor it by any sinister means which makes the States Generall soe often pawne their soules their faith and reparation in publick treaties to game time and optunities of advantage when at the same instant they intend shall never be performed In the yeare 1665. the Hollanders haveing refused to performe the last treaty with the King of great Brittaigne and to make reparations to his subjects for their losses and Damages according to the severall and respective Articles of the sayd treaty Appeals were made by all men to the sword for Justice and a warr was proclaymed by his Majesty against the States Generall with an Unamions consent of the Lords and Commons in Parliament who granted many Millions of Pounds Sterling to carry on that enterprise which did neither humble the Hollanders nor procure any honour or satisfaction to the King or Kingdome Notwithstanding all the bloud and treasure spent In any of those poynts insisted and agreed upon in the yeare 1662. ether concerning the Bona Esperanza and Henery Bonadventure list of damages Polleron or regulation of trade in the East-Indies where the dutch have obstructed and spoyled the English and the Subjects of all other Kingdomes in Europe either by fraude or force from the Freedome of Navigation and Commerce ever since they gott any footing there More particulary Sir William Courten and his partners who layd the same foundations for trading Voyages in the East-Indies China and Japan from Port to Port. Wherein the Hollanders absoluty have gotten more by their Navigations and force in those Countries then they did by their goods and money exported from Holland and Zeland which is contrary to the Laws of Nations and comon Alliance As their owne Country-man Grotius tells them Quod Batavi â—ullum habent jus in Indos Titulo Inventionis belli occupationis praescriptionis aut consuetudinis Ergo quibusvis ad quosvis liberam esse mercaturam Whose rules the Hollanders will not observe any further then concernes their lucre or advantage as may be seene in the following relation Notwithstanding the English the Portugalls and the Spaniards traded thither and were setled there many years before the Hollanders as is well knowne to all men that have read any thing of History A True Relation of the Dutch East-India Companies Affaires and trade in India and parts adjacent in the year 1665. Reported by the commander in cheife sent home by the Generall at Batavia with their sleete arrived in Holland Anno 1666. THat Amboyna which yeilded cloves was in a verry good condition Banda bad yeilded a verry good cropp of mace and Nutmegs Pouleron which yeilded the best Nutmegs of all the Isâ—andâ— was dilivered unto the English but as soone as the news came to Batavia of the warr it was taken from them againe Ternate that the King thereof is obliged by treaty to distroy all the cloves to the end thâ— Spanish should have nâ—ne Maccassar was to be feared the most of any Indians the staple of all forraigne Commodities was there by reason of the small toll or Custome which is paid nâ—â— Exceeding one per â—â—nto sandall wood and Tortell shell is that which the place yâ—â—â—dâ—th most Bâ—â—a yâ—â—ldeth red wood fitt for dyâ—ing as also sandall wood and covrin a sort of white shells which in many places are used in stead of mâ—ny there are very good horses Solor and
confiscated The claymours However pretending their voyages were spoyled by bringing in their Shipps under those Letters of reprisall which discouraged their trade they obtained a Proclamation to suspend the Execution of the letters pattents pro tempore and likewise an order of the Councel-table dated at Mithtehall the 10. of August 1666. old stille signed by severall Lords of the Councell to gratifie the Spanish Agents and their confedrates Whereby M. r Carâ—w was committed to the prison called the fleet notwithstanding he offered to give sufficient bayle in any Court of Judicature to Answâ—re any pretence whatsoever the claymours had against him which was denied and M. r Carew forced to remayne a prisoner untill the most dreadfull fyer in London had consumed all the houses about him But stopt at his owne dwelling house in the Parish of St. Andrews Holborne where his severall tenements adjacent escaped those flames that perished his next neighbours houses And it is very Remark-aâ—â—â— That the Pensionaris John de Wittâ— M. r Carews grand adversary concerning the Letters of Reprisall was Massacred at the Hague on the 10. of August 16-2 old still where Mr. Carew was then a prisoner and by treating those burgers with wine and brandy in his owne defence contributed much towards John de Wittâ—s distruction Nisew mens Hominum fats sortisque Captaine Tyrence Byrne in persuance of the sayd Letters pattents for Reprisall being fitted out with a small frigat by Mr. Ionathan Frest the owner seized a fly boate nere Portland bay about the month of Juâ—â— 1666. laden with French Wine and salt bound from France for Holland which Shipp being brought into Poole and from thence to Chichester the Capt sent to Mr. Suckley his owne proctor for a Comission out of the Admiralty Court to examine the Master and the Marriners of the prize which was directed to the Magistrates and a publique Notary in Chichester who found upon the Examinations that the Shipp was dutch built the goods Consigned to Dutch men and the Marriners to be Hollanders borne and inhabitans there Yett upon returne of the sayd Comission Mr. Peter Gâ—rrard and afterwards Mr. Peter Victorine claymed the sayd Shipp and goods pretending they belonged to Mr. Michaell vander Planeken Andreas vande Bogard and Mr. John Neitz of Brugis in Flanders under the Notion of the Shipp Godelieve belonging to that Citty Then Sir Lyonell Jenkins Judge of the Admiralty Court decreed that there was good cause of seizure and ordered that the claymours might have the Shipp and goods forthwith restored upon bayle to abide the sentence of the Court upon hearing the cause which the Captors consented unto but the claymours refused it having brought their Action at Law against Captaine Byrne and arrested him by writt out of the Admiralty Court in 1000. pound damages upon pretence of a false seizure breaking bulke and making sale of some salt at Poole to buy provisions for the men Whereupon the Captaine gave sufficient bayle to Answere the claymours who reglected to give caution and take away the Shipp and goods which were left with the Vice-Admirall at Chichester for that purpose Sone after the Captaine and his suerties that were bayle for him moved for a prohibition but Sir John Keeling then Lord Cheife Justice of England refused an allowance thereof notwithstanding by the knowne and established Laws of the realme such matters of fact alleadged to be committed within his Majesties Ports were to be tryed in his Majesties Courts of record by Juries and not to be brought into any Arbitrary way before incompetent Judges Afterwards the claymors upon new attestations from the same Marriners and some pretended certificates sent out of Flanders mentioning that the Shipp and goods belonged to the Subjects of the King of Spaine which ought to have been certified by Commissioners appointed out of the same Court whereby the persons might have bin interogated yett a restitution was thereupon decreed by the Judge of the Admiralty and likewise confirmed by the Lords Comissioners for prizes soe that the Shipp and goods were actually delivered by the Vice-Admirall to the claymors accordingly and 150. Pound Sterling was left to be payd in Chichester that the Master and the Marriners of the prize had expended for which Captaine Byrne and Frost were ingaged and afterwards sued Nevertheless Sir Walter Walker and Mr. Franklinn then advised the Claymors without any discontinuance of their former Action against Capt Byrne to exhibite Articles in the Admiralty Court joyntly against Sir Edmond Turnor Mr. Carew Captaine Byrne and Mr. Frost wherein they were charged with trespasses and spoyles for goods imbeazilled and plundered by their owne men And from thence a sentence was drawne against them for 1800. pound damages which was pronounced by Sir Lyonell Jenkins in favour of the claymors who insisted that the sayd damages cheifely arrised by leakage and avarage and soe would make double the profitt of their voyage by the seizure more then if they had escaped Captaine Byrne From which sentence the Captaine and Mr. Frost appealed to the ordinary deligates but Sir Edmond Turnor and Mr. Carew appealed specially unto Sir Orlando Bridgman then Lord Keeper of the great Seale of England and prayed that some judges of the Common Law might be appointed as adjuncts to consider of the Nullity of the sayd sentence which Sir Walter Walker and Mr. Franklinn most vexatiously opposed by a Request and insisted that Sir Edmond Turner and Mr. Carew might be ordered to give bayle to abide the sentence of the Judges deligates or that their Appeale might be rejected which Sir Orlando Bridgman irregulary appointed Although noe caution was given by them Prima instantia neither were Sâ— Edmond Turnor or Mr. Carew at any time summoned or arrested in the sayd cause or ever made any defence or were concerned therein Yett the sayd Sir Walter Walker and Mr. Franklinn forced the sayd Sir Edmond Turnor Mr. Carâ—w to give extraordinary caution to avoyde that impertinent sentence which they threatned should be executed upon their persons And which still depends before the Judges deligates adjuncts And ought to be declared null and voyde to all intents and purpoposes against Sir Edmond Turner and Mr. Carew admitting Captaine Byrne and Mr. Frest were guilty of any thing layd to their charge And if the Subjects of England should not be admitted to appeales and revisions in such cases they would be rendred in a worse Condition then any slaues in Spaine or Turkey As it is against the Law both divine and Civill that one person should be punished for the offence of another soe it is as unreasonble that the claymors should take any advantage against Captaine Byrne and Mr. Frest of their owne willfull reglect or to seeke after treble the value of all the goods that they cost in France when there was good cause of seizure which made them lyable to the charge and expences of bringing up the Shipp and making inquiry after the
thereof But the said Treaty taking no effect the said Plenipotentiaries removed from Uytrecht before Mr. Carew arrived at Amsterdam Then Mr. Carew returning for England in Company with Mr. John Sherland the Fiscall Generall by order of the States of Holland Committed them both to Prison on the 6. of August 1672. as Criminalls upon pretence they were Enemies to the Country and Charged Mr. Carew as a seditious person in seeking after Justice in the premises and detayned them both close prisoners in the gevangen port where they are subject to many affronts and reproaches upon every rencounter and Alarum in the Country and also obstructed in the Just prosecution of the debt and damages aforesaid which is by an Especiall order of the Councell board dated at Whitehall the 2. of May 1673. recommed to the Lords Embassadours Extraordinary and Plenipotentiaries at Cologne intimating therein that the case of the Adventurers and Creditors of Sir William Courten being already fully stated should be first insisted upon in the list of all Complaints wherefore the Letters Patents were exempliâ—ied and sent to Cologne accordingly a true Copie hereafter followes A Copie of the Letters Patents for Especiall Reprisalls from the King of Great Brittain under the Great Seale of England against the States Generall and their Subjects Inroled in Chancery Anno 1665. CHARLES the Second by the grace of God of England Scotland France Ireland King Defendour of the Faith c. To all Christian People to whom these presents shall come Greeting Whereas our loving Subject William Courten Esquire deceased and his Partners anno 1643. by the depredation and hostile act of one Geland Commander in chief of two Ships belonging to the East-India Company of the Netherlands was between Goa Maccao in the Streights of Mallacca deprived and most injuriously spoiled of a certain Ship named the Bona Esperanza and of her Takle Apparrell and Furniture and all Goods and Lading in her upon a very hopefull trading Voyage to China which were carryed to Batavia and there all de facto without due Processe of Law confiscated And that also in the same year another laden Ship of Our said Subject called the Henery Bonadventura being come on ground nere the Island Mauritius was there both Ship and Goods seized upon by some of the Officers and Ministers and others under the command of the said East-India Company and utterly deteined from the right Owners And whereas the said William Courten and his Assignes in his life time used all possible endeavours to recover the said Ships and Goods and to procure further Justice against the Malefactours and yet could obtain no restitution or satisfaction whereby they became to be much distressed and utterley undone in their Estate and Credit And that thereupon and upon the most humble supplication and Adresses of Francis Earle of Shrewsbury and William Courten Esquire Sonne and Heir of the said Sir William deceased Sir John Ayton Sir Edmond Turnor Knights George Carew and Charles Whittaker Esquires on the behalf themselves and divers others interessed in the said two Shipps Bona Esperanza and Henery Bonadventura and in the Estates of the said Sir William Courten deceased Sir Edward Littleton Barronet and Sir Paul Pindar Knight deceased that We would take their Case into Our Princely consideracion We out of a just sence We then had and still have of their unjust sufferings in that business both by Our own Letters under Our signe Manuall to the States Generall of the United Provinces by Sir George Downing Knight and Barronet Our Envoy Extraordinary to whom We gave Especially command so to do required satisfaction to be made according to the Rules of Justice and the Amity and good correspondence which We then desired to conserve with them firme and inviolable And whereas after severall Addresses made to the said States Generall by Our said Envoy and nothing granted effectuall for relief of Our said Subjects whom We take Ourselves in Honour and Justice concerned to be satisfied and repaid We lately commanded the said Sir George Downing to intimate and signify to the said States that We expected their finall Answer concerning satisfaction to be made for the Ships and Goods by a time then prefixed and since elapsed that We might so govern ourselves thereupon that Our aforesaid Subjects might be releived according to Right and Justice And yet no satisfactory Answer hath been given so that We cannot but apprehend it to be not only a fruitles endeavour but a prostituting of Our honour and dignity to make further Application after so many denyals and slightings And whereas Iohn Exton Doctor of Laws Judge of Our High Admiralty Court of England upon Our Command to certify to Us the value and losses and damages susteyned by the said William Courten and Partners whose Interest is now vested in Our loving Subjects Sr. Edmond Turnor Knight George Carew Esquire and Partners hath upon full Examination and proofs thereof made by witnesses in Our High Court of Admiralty reported certified under his hand that the same do amountt to the summe of one hundred fifty one thousand six hundred twelve pounds Now know yee That for a full restitution to be made to them for their Ships Goods and Marchandizes of which the said William Courten and the Assignes of the said William Courten and Partners were so dispoiled as aforesaid with all such Costs and Charges as they shall be at for the recovery of the same We by the Advice of our Privy Councill have thought fit and by these presents do grant Licence and Authority under Our great Seale of England unto Our said Subjects Sir Edmund Turnor and George Carew their Executors Administrators and Assignes for and on the behalf of themselves and other Persons Interessed as aforesayd to equippe victuall furnish and to set to Sea from time to time such and so many Ships and Pinaces as they shall think fit Provided alwayes that there be an entry made and recorded in the Admiralty Court of the Names of all Ships and Vessels and of their Burthen and Ammonition and for how long time they are victualled And also of the Name the Commander thereof before the same or any of them be set forth to Sea And with the said Ships and Pinaces by force of Armes to set upon take and apprehend any of the Ships Goods Monyes and Marchandizes of the said States Generall or any of their Subjects inhabiting within any their Dominions or Territories wheresoever the same shall be found and not in any Port or Harbour in England or Ireland 〈…〉 be the Ships and the Goods of the Parties that did the wronge And the said Ships Goods Monyes and Marchandizes being so taken and brought into some Port of Our Realms and Dominions an Inventory thereof shall be taken by Authority of Our Court of Admiralty and Judgement shall be given in Our Court of Admiralty by the Judge or Judges thereof for the time being upon proofs made before
of sale from William Courten and Sir Echrard Littleton to the Directors of the East-India Company interdicting their payment of any monie for Courtens share and stock in the Shipps and lading aforesaid to any person or persons whatsoever but unto the said Ionas Abeels in right of Sir Paul Pyndar protesting that if they did other wise it should be no discharge unto them which insinuation and Protest was done by the said Notary Publicq on the 25. of May 1648. in the Assembly of the said Directors at their Chamber in Amsterdam in the presence of Ian Iansen and Adrian Nys witnesses thereunto In the Month of October following Ionas Abeels caused to be arrested in the hands of the said East-India Company all such sumes of mony as should be found due from the said Company concerning the said two Shipps and their lading that out of the said monies Sir Paul Pindar share and proportion should be paid in the first place to him the said Ionas Abeels in his quallity which Arrest was made the first of October 1648. by Goosen Daniels Bode or Messenger And a second Arrest was made by Willem Iansen Bode or Messenger in November following both which the Court declared to be valid Notwithstanding all these Admonitions and proceedings the Directors of the East-India Company at their Chamber in Midleburgh on the 18. of September 1649. made an underhand agreement with the said Iacob Pergens for â—5000 gilders upon Caution given by the said Iacob Pergens and Peter Boudaen of Midleburgh Marchant to save the said Company harmeles and indempnified from Sir Paul Pindar and others concerning the said monie or any after claymes Ionas Abeels on the 1â— of May 1650. understanding of the underhand agreement at Midleburgh summons the Directors of th'East-India Company before the Magistrates of Amsterdam and declares against them that they should be condemned to pay the 85000. gilders to him in right of Sir Paul Pindar with damages for the same untill effectuall payment Then the Directors of th'East-India Company summoned Iacob Pergens and Peter Boudaen on the 13. of September 1650. to indempnify them from Sir Paul Pindar for the said mony and free them of all Costs accordingly as by the Acts of the Court appears In the same year 1650. Sir Paul Pindar dyed and soon after Ionas Abeels dyed also So the right of Action remained in statuquo In the year 1654. William Tonnes Executor of Sir Paul Pindar and severall of the Proprietors and Adventurers exhibited their clayme for the Originall loss and damages of 85000. Pound Sterling before the English and Dutch Commissioners at London appointed by the Treaty made between Oliver Cromwel and the States Generall which by provisoe in the said Treaty was referred to the Protestant Cantons of Switserland if the said Commissioners did not compose the same with in three months Afterwards the Proprietors and Adventurers applyed themselves to Mr. Secretary Thunder for a Commission to be directed to the Protestant Cantons who answered that most of the Proprietors being Delinquents by Act of Parlement for adhering to the late King whereby they had forfeited their Estates they could not expect any protection from his Highness Oliver Cromwel therefore perswaded them to desist from any further Prosecution protempore In the year 1660. upon His Majesty's most happy restauration severall of the Proprietors and adventurers on the behalf of themselves the rest of the Interested made their address to Sir Edward Nicholas Principall Secretary of State to move His Majesty to recommend their case concerning the Ships Bona Esperanza and Henery Bonadventura to the States Generall for satisfaction and reparation Whereupon Sir Edward Nicholas having informed the King the true state of the case and also intimated to His Majesty what great services and sufferings Sir William Courton and Sir Paul Pindar had undergone for the Crown of England both in the time of King Iames and the late King as also of the particular sufferings of Sir Edward Littleton and severall of the other Proprietors His Majesty was gratiously pleased to direct his Letter under his signe Manuall to the States Generall signifying that the said spoils and damages being committed against the Laws of comon Amity upon his Subjects who had merited so much from the Crown he Earnestly required the States Generall to make satisfaction to the Persons interessed and injured according to the proofs made in his high Court of Admirallity signifying also that he was obliged in Justice and Honour to see it effected accordingly In persuance of which Letter and severall Orders of the Councell-Table for Instructions to Sir George Downing who was then Envove Extraordinary for His Majesty at the Hague divers Memorialls Answers and Replyes passed between him and the States Generall in the year 1662. concerning the said spoils and dammages of those Ships Bona Esperanza and Henery Bonadventura wherein the States Generall denyed not the matter of fact but would have Evavaded any other satisfaction to the Proprietors and Participants then what the East-India Company by Combination had given to Iacob Pergens upon his fraudulent practise as aforesaid In the year 1662. the States Generall having instructed Mr. Simon van Hoorn and Mr. Michiel van Gogh their Ambassadours in England to gett the said spoiles and depredations concerning the said Shipps to be mortified and Extinguished in the Treaty then depending at Whitchall his Majestie declared he would breake of the said treatie unlesse satisfaction and reparation should be made for the said Shipps according to the said Letter of recommendation to the States Generall at the Hague as aforesaid Whereupon there was a particular Erception in the 15. Article of the said Treaty concluded at Whitchall the 4. of September 1662. that the damages concerning those two Shipps Bena Esperanza and Henery Bonadventura should not be comprehended in the Extinguishment and mortification of former losses and injuries in the East-Indies but reserved for reparation according to his Majesties Letters of Recommendation as aforesaid and Expressed in these words poterint litem inceptam prosiqui c. which agreement was also attested under the Hands and Seales of the late Duke of Albermarle the Earle of Manchester the Lord Hollis the Lord Bartlet Sir George Carteret Sir Edward Nicholas and Sir William Morice Commissioners that Treated with the States Embassadours In the year following Sir George Downing in persuance of the said Treaty held a Conference with the Pentionaris Iohn de Wit and the Deputies of the States Generall in the presence of Mr. Peter van Dam and two of the Directors of the East-India Company in the Chamber of the States Generall to adjust the said damages But in stead thereof the Company made severall impertinent constructions upon the Law of England in the Case of Sir Paul Pindar and Sir Edward Littleton Nothwithstanding the said Company had the Opinions by them under the hands of Sir John Glynn Sir John Maynard Sir Edward Turner and Master Serjeant Baldwyn affirming that
William Courten had nothing in him to grant to Iacob Pergens after the Bills of Sale to Littleton and Pindar which made them absolute Proprietors by the Law of England Only there was a possibility left in Courten call them to Accompt after their debt should be paid which opinions were also confirmed by Sir Gâ—â—â—s Sâ—â—â—t Sir William Turner Sir Walter Walker and Sir Timothy Baldwyn Doctors of the Civill Laws and delivered to Mr. Peter van Dam the Advocate of the East-India Company Then John de Wit offered 30000. Pound sterling upon Accompt of all the Proprietors and persons interessed reserving the Civill right of Action against Iacob Pergens and Peter Boudaen for the 85000. gilders paid upon their caution as aforesaid which offer was not satisfactory so the Generall dispute remayned also in stato quo Afterwards Sir George Downing did by his last Memoriall upon that Subject dated the 14. of October 1664. give the States Generall a peremptory day to cleare that business intimating therein how ill the King resented it to be so slighted and that His Majestie would not prostitute his Honour any further but Governe himselfe accordingly yet all proved ineffectuall Then the Proprietors with others addressed themselves with a list of damages to the House of Commons in Parliament The Bona Eâ—peranza and Henâ—ry Bonadventura being placed in the front of all demands whereupon the Comons voted to assist his Majestie with their lives and fortunes in acquiring satisfaction and reparation And soone after a declaration for Generall Reprisalls was ordered by the King and Councill against the States Generall and their Subjects And severall millions of Pounds Sterling were granted to his Majestie in Parliament for the prosecution thereof In the year following The Earle of Shrewsburâ— Sir Iohan Wolstenholme Sir Iohn Ayton George Carew and William Lâ—â—yd Esquires and others Interessed made application to his Majestie by petition for Especiall Letters of Reprisall to remaine in force against the States Generall and their Subjects untill the Origâ—nall losse and damages concerning the Bona Esperanza and Henery Bonadventura should be reprised which was referred to the Judge of the Admirallity and his Majesties Advocates Generall and severall other Doctors of the Civill Law to Examine the whole matter and to report their opinion what was fitt for His Majestie to doe further for his Subjects releife in that Case After severall Consulations and debates had betweene the said referees concerning the premises Doctor Exton then Judge of the Admirallity Court Sir Robert Wiseman Sir William Turner and Sir Timothy Baldwyn made their report to his Majestie that in this case of spoyles there was no remedie left but Especiall Reprisalls to continue in force against the States Generall and their Subjects untill the debt and damages which they sound upon the prooâ—es to arrise unto the summ of 151â— 12. pound sterling should be recovered with Costs or a Composition made for the same betweene the East-India Company of the Netherlands and the parties interessed whereof the said Company were obliged by the Law of Nations to take notice thereof In persuance thereof Letters Patents under the Great Seale of England dated the 19. of May 1665. were granted unto Sir Edmond Turnor and Mr. George Carew Administrator of Sir Paul Pindar their Executors Administrators and Assignes on behalfe of themselves and all the Interessed to continue in force accordingly With this Especiall clause and Provisoe therein contained that notwithstanding it should happen that a pâ—ace and agreement should be made betweene His Majestie and the States Generall for the Generall Reprisalls Yet is should be lawfull for the said Turnor and Carew and their Executors and Aâ—â—gnâ—s to putt the said Letters Patents in Execution for Especiall Reprisalls from time to time untill they had recovered the said debt of 151612. pounds with all 〈…〉 Charges or that the East-India Company of the Netherlands should Compound with the Proprietors and other persons Interessed in the same In the year 1666. Mr. Iames Boevé delivered a Copie of the said Letters Pattents to Mr. Peter van Dam at the East-India Chamber at Amsterdam and requested him to move the said Company to compose the said debt and damages in an Amicable way rather then to leave it in dispute from Generation to Generation to the prejudice of the States Generall and their Subjects In the year 1667. during the Treaty at Breda the States Generall having surprized the Kings Shipps at Chattam severall of the Proprietors friends in the Hague moved the Pentionaris Iohn de Wit to incite the States of Holland and the East-India Company to give some Honourable satisfaction for the Shipps Bona Esperanza and Henery Bonadventura which had bin so solemnely debated in former Treaties being more for the Interest of their Country then to insist upon such scandulous Articles as they had framed and sent to Breda concerning the said dammages which could not extinguish the debt or make void the Letters Patents to Turnor and Carew any more then to disannull the 35. Article of the States Patent to the East-India Company of the Netherlands whereby they make peace and warr with all Princes and States whatsoever at their pleasure from the Cape Bona Esperanza to the Streights of Magelanus Yet Iohn de Wit and his Complices persisted in their projects and would not hearken to any other advice In the year 16-1 the States Generall having made severall Breaches of the Treaty at Breda and denyed Common Justice to his Majesties Subjects in their ordinary Courts of Judicature in Holland and Zeland severall of the Proprietors and Interessed Persons in the saâ—d debt and damages made fresh applications to his Majestâ—e by petition and prayed that his Majestie would please to insist upon reparation and satisfaction in an Extraordinary way according to the merits of their causes and Especially for the debt of 151612 pound ascertained under the Great Seale of England as aforeâ—â—â—d whâ—ch said petition was by order of Councell referred to the Lords Câ—mmissioners of the Treasury and the two principall Secretaries of State who made a report to His Majestie That the States Generall 〈…〉 bin refractory in severall Articles of the Treaty at Breda his Majâ—stâ— and his Subjects were at libertie both in Justice and Equity to require full satisfaction and reparation in Mr. Courtens Case notwithstanding the said Treaty at Breda In persuance thereof his Majestie was gratiously pleased on the 7. of July 1672. to recommend the debt of 151612. pound with dammages by his Letter under his signe Manuall sent by the said George Carew to his Grace George Duke of Buckingham and the Right Honourable Henery Earle of Arlington his Majesties Plenipotentiaries and Embassadours Extraordinary to the French King and the States Generall then upon a Treaty at Uytrecht requiring the said Plenipotentiaries to insist upon satisfaction accordingly declaring therein his care to protect his Subjects in their Just rights as well as to assist them in the recovery