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A34069 Fraud and violence discovered and detected, or, A remonstrance of the interessed in the ships Bona Esperanza and Henry Bona Adventura of London with a narrative of the proceedings in the case (depending before the States General of the Seven United Provinces) between the assignes of William Courten and the East-India Company of the Netherlands : also, several reasons and arguments for the speedy decision of differences (by amicable conferences of state) arising upon depredations and spoyls / by George Carevv ... Carew, George, Esq. 1662 (1662) Wing C547; ESTC R37177 153,652 157

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in zijn leven woonachtigh tot Londen in Engelandt al 's mede gemachtight by procuratien van de Heer Willem Powel Ridder Administrateur van alle de goederen naer-ghelaten by wijlen de Heer Paul Pinder Ridder oock voor sijn selven ende de Heer John Ayton Ridder geassigneerde van de Heer Edward Littleton Ridder ende al 's procuratie hebbende van de Curateurs ghestelt over den Boedel van Willem Courten zal r. ende andere geinteresseerde in de Negotie op Oost-Indien volgens Octroy van sijne Majesteyt Carel d' Eerste hooghloffelijcker memorie verleent in den Jaer 1635. in dier qualiteyt versoeckende alsoo gemelten Willem Courten zal r. by de Ministers van d' Oost-Indische Compagnie beschadight is geweest in den Jaer 1642. door het onthouden der geberghde goederen Ammunitie ende Scheeps-gereetschappen uyt het Schip genaemt de Henry Bonaventure op 't Eylandt van Mauritius aen Landt ende in possessie van Adrian vander Stelt gebracht al 's oock door 't vyantlijck aentasten en veroveren van't Schip genaemt Bona Esperance in den Jaer 1643. in de Straet van Malacca door twee Schepen van Oorloge genaemt de Vendelo ende Portugallo d'Oost-Indische Compagnie toebehoorende tot Batavia opgebracht ende aldaer geconfisqueert ende alsoo sijne Majesteyt van Engelant Karel de Tweede by sijne Missive aen haer Ho Mo de Heeren Staten Generael in date den 21. Martij laestleden versocht heeft dat den gemelten George Carew in sijne qualité voorsz mocht hebben vergoedinge over de schade aen meer-gemelte Willem Courten zalr ende sijne mede-geinteresseerde aenghedaen al 's voorschreven is dat ghy Notaris onder genoemt u soude willen transporteren ter camere van d'Oost-Indische Compagnie alhier ende van de Heeren Bewint-hebbers versoecken dat sy souden gelieven hare Ho Mo de Heeren Staten Generael te dienen van bericht om alsoo voort te procederen tot vereffeninge ende vergoedinge van de voorschreve geledene schaden HEden den achtsten May anno 1662. hebb ' ick Henrick Venkel by den Hovevan Hollandt Geadmitteerden Openbaer Notaris t' Amsterdam resideerende ten versoecke van den Heer George Carew Schilt-knaep my getransporteert ende vervoeght in 't Collegie van de Heeren Bewinthenbberen der Geoctroyeerde Oost-Indische Compagnie Camere deser Stad ende aldaer ter vergaderinge van de gemelte Heeren 't boven-staende versoeck voor-gelesen ende bekent gemaeckt Waer op 't gemelte Ed Collegie schriftelijck ter antwoorde gaf dat sy bereydt sijn 't bericht dien aengaande aen hare Ho Mo te geven soo haest ende al 's wanneer haer Ho Mo sulcx van de gemelte compagnie sullen komen te vereysschen Aldus gedaen binnen Amsterdam present Abraham Kock ende Theodorus Crous al 's Getuygen Quod Attestor HENRICK VENCKEL Notaris Publicus To the Worshipful Mr. Vandam Advocate to the East-India Company of the Netherlands and the rest of the Commissionated Bewinthebbers resident at the HAGUE SIRS I Thought it convenient before I return for England to use all ways and means for an accomodation that the East-India Company of the Netherlands may be left without excuse as also the States General if any thing happens to the prejudice of the Publique for a private Difference which might be composed upon reasonable and honourable Conditions And lest you should suffer by any mistake I have given order to this Gentleman the Bearer hereof to shew you my Answer by way of Reply to your Objections concerning the Treaties of 1654 and 1659. made with the two late Usurpers Oliver and Richard I told you in my last that an Amicable conclusion would conduce more to your advantage than a Publique dispute It 's possible you may think to evade our Pretences by Practise or Pleading and forget what you have gotten by destroying that foundation which Sir W. Courten laid in his Trading voyages to China and Japan Please to be as ingenious in your speedy Answer that it may not be impertinent as I am to you in what I intend for Replication I hope you will deal justly and restore what you have violently taken from us otherwise you may be well assured the Interessed will expose the rest of their fortunes and endevours to acquire a due Satisfaction and no ways despair in so just a Cause of the assistance and protection of him that is able to revenge injuries and oppressions I only wait for an Answer to several Memorials c. given in to the States General on our behalf that the King may understand your meaning whether you desire a fair correspondency with the Crown of England or not I have no more to say within my Commission but to let you know that I am and desire to be Your assured Friend and Servant George Carew Hague June 7 17 1662. At the Court at Whitehall the 6 th of June 1662. Present Lord Chancellour Lord Treasurer Lord Privy Seal Duke of Albemarle Marquiss of Dorchester Lord Great Chamberlain Earl of Portland Earl of Anglesey Earl of Carlisle Earl of Carbery Lord Seymour Lord Hatton Sir William Compton Mr. Treasurer Mr. Vice-Chamberlain Mr. Secretary Nicholas Mr. Secretary Morice VPon the Petition of Sir John Ayton Knight George Carew and Charles VVhitaker Esquires on behalf of themselves and the rest of the Creditors of VVilliam Courten Sir Edward Littleton and Sir Paul Pindar this day read at the Board Shewing that the Petitioners in persuance of His Majesties Letters of the 21 of March last to the States General at the Hague requiring Satisfaction and Reparation for the two Ships the Henry Bona Adventure and Bona Esperanza belonging to Mr. Courten which were violently taken and confiscated by the East-India Company of Holland contrary to the Laws of Nations and common Right And that His Majesties Envoy Extraordinary with the States being fully instructed had fairly proceeded therein in order to the Ascertaining of their Damages sustained thereby And that notwithstanding the Commissioners of the East-India Company of Holland have acknowledged the Fact and are by Advocates on both sides sufficiently convinced that they ought to give Satisfaction accordingly Yet the States General do hitherto delay to give Answer to the several Memorials delivered in reference to His Majesties Letters albeit they have been pressed by daily sollicitations out of designe as is conceived of having the Treaty perfected with an utter exclusion of the Petitioners which would tend to their unsupportable loss the ruine of many hundreds of poor persons the unconscionable advantage of their Adversaries the Dutch and discouragement of all English Merchants from Trade Upon consideration whereof It was Ordered that Sir George Downing Knight His Majesties Envoy Extraordinary with the States General of the United Provinces of the Netherlands at the Hague do further and effectually proceed with the said States according to His Majesties Letters aforesaid in requiring due Satisfaction to be made for the Damages sustained by His Majesties said Subjects and procure their speedy Answer to such their just
themselves to fight but were taken and the Ships robbed and withall the men remaining alive bored and let sink into the sea he told that the same Fleet came to Malacca afterward and the common men were sent for the Molucca's and that well known by many in Malacca but they durst not speak of it The said Lamberton and others asked the Lieutenant of the Town about the same but he answered upon their lives they should not speak of such things Tho. Lamberton A Declaration of some further probable News of the Dragon and Katharine Captain John Weddall and Captain John Carter Commanders from the Mouth of Boatswain went I Tho. Henton quondam Chyrurgion of the Ship Bona Esperanza employed in the Service of the Worshipful Esquire Courten in Anno 1643. in the Month of August being by sinister occasion at Johanna in the Ship Hopewell of the old Company at which time also was the Crispiana and Dolphin of the old Company there was also the Loyalty Mr. John Durson Commander belonging to Esquire Courten had these following Relatitions of the Destruction of the Dragon and Katharine by the Dutch as followeth This Boatswain Went was Boatswain of the good Ship Dolphin Mr. Proud Master in the said year 1643. upon some Imployment bound from Surat to the Southward viz. to Cocheen a Portugal Town where upon what occasions I know not he had some conference with a Servant of the Governour of Cocheen concerning the Dutch the man told him of a fight at Ceylon between the Dutch and English viz. two English Ships and five Dutch ships the English named the Dragon and Katharine both which the Dutch overcame sinking the one and forcing the other on shore so eagerly persecuted them that some of the English having escaped Drowning and got a shore the Dutch in their Boats hasted a shore likewise and cut them all off this Servant to the Governour was in the Dutch ships at that time in their Service when as they fought and following the English a shore he being one among the Dutch made escape to the Portugalls and in time came to serve the Governour of Cocheen This is the Relation that I heard Boatswain Went relate indeed I went aboard purposely about the businesse to enquire of him I required to have the Relation under the Boatswains hand but I could not obtain it by reason of the shortnesse of our time for they suddenly set sail from Johanna also the Boatswain said the Governour of Cocheen knows the Matter and upon inquiry if he pleaseth can produce you his Servant if he be living if not he himself is able to give satisfaction therein Uunderwritten Thomas Hinton Duarte Defigueiredo de Mello Secretario de sua Majestade do estado da India certifico que atsistindo na ilha de Ceylon soube por algus Prisoneires Olandeses que se tomarao coms as duas naos do Cap n. Guedal que hia da China para Inglaterra as tomarao os Olandeses os no Cabo dobaa Esperanca et as meterao ambas apique Isto tre o que me constou dos ditos dos ditos prisoneiros Goa a 22. de Abril de 1647. Sotto scritto Duarte Defigueiredo de Mello Translated out of the Portuges into English I Edward Defigueiredo de Mello Secretary to his Majesty of the State of India do certifie that being in Commission in the Island of Ceylon I came to know by some Prisoners of the Hollanders that they met with two ships of Capt. Weddall which were going from China to England and that the Hollanders took them towards the Cape of Bona Esperanza and sunk them both This is what appeared unto me by the relations of the said Prisoners Goa the 22. of April Anno 1647. Was under-written Duarte Defigueiredo de Mello To the Right Honourable the COMMITTEE of LORDS and COMMONS for the Admiralty The humble Petition of William Tombes Jun. An. 1645. Sheweth THat by virtue of an Assignment from William Courten Esq to Sir Paul Pindar and from him to your Petitioner he is become possest of the Ship the Planter of London late come from the East-Indies and now in the River of Thames and your Petitioner being ingaged for the Customes of the goods which were entred in the said ship by him and further promised to see the Master and Mariners wages fully satisfied before the disposal thereof hath made sale of the said Ship whereby the said Customes and Wages might be speedily paid accordingly Now so it is that one Thomas Kynaston hath arrested the said Ship by Writ out of the Admiralty upon Accompt of some interest in her and so hereby your Petitioner is hindered to give present satisfaction for the Customes and poor Mariners wages who daily out of their great necessity come upon him for the same Your Petitioner doth therefore humbly pray this Honourable Committee that Order may be given forthwith for the sale of the said ship for the speedy paiment of the Customes the Master and Mariners wages due from her and if she shall produce a greater summe that the same may remain in Custody for the true Proprietor when it shall be adjudged in the Admiralty to which your Petitioner shall submit June 13. 1645. At the Committee of the Lords and Commons for the Admiralty of the Cinque Ports Ordered it be referred to the Judge of the Admiralty Court to do in the Matter prayed according to Justice taking Care that the State have right in the Case of Customes and the Master and Mariners in point of Wages Subscribed Warwick Else Alexander Bence John Rolles Giles Green July 1. 1645. Upon Tuesday being the first day of July 1645. Tho. Kynaston against 21 32 parts of the Ship Planter and her Tackle and Furniture against William Tombes coming for interest herein Yoe and Budd upon this day before Doctor Same 's Judge of the Admiralty Court in his Chamber in Doctors Commons London being present Edward Brian Notary Publick appeared Mr. Budd Proctor for the said Williám Tombes and presented to the said Judge The Humble Petition of the said William Tombes directed To the Right Honourable the Lords and Commons for the Admiralty and Cinque Ports together with their Order thereupon made and the said Budd according to the tenour or effect of the said Order did in the presence of Mr. Yoe Proctor for the said Thomas Kynaston desire the Judge to decree the said Ship the Planter and her Tackle and furniture to be exposed by the Marshal of the Court to publick sale and to be sold to him that offers most and the Kings Customs and the salaries justly due to the Master and Mariners in the said Ship to be paid out of the moneys arising from the sale of the said Ship and he further desired that the residue of the said moneys might remain with the aforesaid Marshal of the Court until it shall be otherwise Ordered in that behalf from this Court All which the Judge at his Petition
Magistr Walter Littleton A Catalogue of their Names who by their Subscriptions are Capable of being chosen COMMITTEES of the East-India Company in England for the Year 1662. A Sir Tho. Allen Kt. Bar. Sir Joseph Ash Kt. Bar. Daniel Andrews Esq George Arnold Esq Thomas Arnold Esq Joseph Alstone William Atwood Francis Ash Francis Archer William Allington William Allen John Adrian Thomas Allen Benjamin Albyn Capt. William Asbly B George Lord Berkley Sir Joh. Brownloe Kt. Bar. Sir Fran. Burdet Kt. Bar. Sir William Bateman Kt. Sir John Banks Kt. Sir Thomas Bludworth Kt. Sir Theoph. Biddulph Kt. Sir Anthony Bateman Kt. John Bathurst Alderman Thomas Barnes Esq Thomas Bewly Esq Robert Burdet Esq Edward Bolle Esq Benjamin Barron Esq Francis Bickley Esq Thomas Bromfield Esq Edward Backwell Esq Capt. Arthur Bayley Capt. John Brookhoven Richard Boylstone James Burton John Berrisford Senior Henry Boone Thomas Bretton Nathaniel Barnadiston Thomas Blackerby Michael Best Abraham Babington Richard Booth VVilliam Bulkley Humphry Brooms George Blake Henry Barnard Capt. James Burkin Richard Beckford Samuel Barnadiston Christopher Boone John vanden Bergh Thomas Bell Robert Beake Edwin Browne Aaron Baker Timothy Baldwin Quarles Browne C Sir Thomas Chambrelan Kt. Thomas Culling Esq Richard Chiverton Alderman Thomas Cullvin Esq Richard Clutterbuck Esq Henry Chowne James Clitherow Benjamin Coles Francis Clark John Chevall John Child George Chandler Robert Clarkson Thomas Chamber Peter Culley Robert Cranmer VVilliam Clark Francis Clark Samuel Crisp Joseph Collier Humphry Cliffe John Cudworth Josiah Child Thomas Caine Thomas Cànham Robert Childcott Nathaniel Collier Joseph Colestone Ellis Crisp Robert Callow Benjamin Collier D Sir James Drax Sir John Dethick Kt. John Duckenfield Esq John Dickens Michael Davison Josias Dewey Richard Davidg Francis Dashwood John Dogget Edward Dudsan Robert Dawes VVilliam Drax Giles Dunstar Edward Dallow Peter Daniell E James Edwards Robert Ellis F Sir Thomas Foot Kt. Bar. Sir John Frederick Kt. Sir Richard Ford Kt. Edward Franklin Thomas Fox Simeou Fincham G Sir Nicholas Gould Baronet Sir Jacob Gerrard Kt. Thomas Gower Esq John Godscall George Gosfreight Maurice Githen VVilliam Gomeldon Robert Giffery John Gould H John Hether Esq Thomas Hussey Esq Matthew Holworthy Edmond Harrison Henry Hampson John Hobby Nathaniel Herne Roger Hatton John Harris Richard Hutchinson Abraham Hovener VValter Hampton Rowland Hill Dierick Host Edward Hopegood VVilliam Harrington Capt. Nicholas Hurlestone VVilliam Hooker Thomas Hawkes Robert Handson Henry Hunter James Hublon Senior Tobiah Harvey Thomas Heatley Humphry Holcomb James Houblon Junior I Iohn Iollife Esq Arthur Ingram Esq Thomas Iuxon Abraham Jaggard Robert Ingram Edward Jackson Nicholas Juxon Phillip Jackson K Sir Jonathan Keate Kt. Thomas Kindal Francis Knight Esq Robert Knightly Randall Knipe L Phillip Lord Viscount Lisle Sir Iohn Lewis Kt. Sir Iohn Lawrence Kt. Sir Peter Leere Kt. Robert Lant Esq William Love Esq Jarvis Lock Stephen Langham Godfrey Lee James Leever John Lethulier Junior Peter De Lanoy Richard Lant Thomas Lemhall Thomas Lewis William Lant Thomas Letchmer William Lowfield Anthony Luther Thomas Lucas John Lane Thomas Langham M Sir James Modyford Kt. Tempest Milner Alderman Richard Mounteny John Mascall William Meggs William Moyer Thomas Martin John Mews Barnabas Meere John Moore Charles Mauriscoe Lawrence Martell Elias Morais N William Northy Humphry Nicholson Iames Noell O Collonel Iohn Owen David Otgher junior Capt. Iohn Owen P William Peake Alderman Charles Pitfield Esq Walter Pell Esq Richard Poulter Thomas Puckle Anthony Philp Thomas Papillon Edward Pearce Samuel Phelps Iohn Parry Iohn Page William Potter Thomas Pearle Thomas Plampin Paul Priaulx William Parker Christopher Penn George Perryer R Sir Andrew Riccard Kt. Sir William Ryder Kt. Sir Iohn Robinson Kt. Richard Reeves Alderman Iohn Ramsey Esq Thomas Roberts William Robinson Thomas Rich Edward Rodden Daniel Rawlinson S Sir George Smith Kt. Iacob Strange Henry Spurstow Richard Spencer Iohn Sweeting senior James Smith James Stanier Abraham Sayon William Sherrington James Smith senior Iohn Smith Iames Southerby Richard Sherbrook Francis Sone Thomas Stock Richard Slany Simon Snow Matthew Sheppard junior Henry Sayer Roger Scattergood George Snell T Sir William Thomson Kt. Maurice Thomson Esq Charles Thorold Esq Richard Thorowgood Thomas Tomlins Henry Tulce Ieofry Thomas Capt. William Thomas Giles Travers Collonel George Thomson Major Robert Thomson Stephen Thornley George Tuke Francis Tryan John Turner Robert Thurkittle John Tivell Edward Tidcomb Richard Turner Thomas Tyte John Thomson V Sir William Vincent Kt. Sir Thomas Vyner Kt. William Vannam Esq Nicholas Vanacker Peter Van de Putt W Sir Stephen White Kt. Francis Warner Alderman Rowland Wynn Esq Richard Waring Esq Edward Wood Esq William Williams Esq Thomas Winter Samuel Wilson Thomas Waring Henry Whittingham Edward White Gregory Westcomb James Vinstanly Andrew West William Wildigoes Nicholas Wildbore Valentine Wanley Christopher VVilloughby Richard VVynn Thomas VVilson James VVancourt Capt. William Wildy The Names of the present Governour Deputy and twenty four Committees SIr Andrew Riccard Knight and Governour SIR Thomas Chambrelan Knight and Deputy George Lord Berkeley Sir Joseph Ash Knight and Baronet Sir William Thomson Kt. Sir William Ryder Kt. Sir Anthony Bateman Kt. Sir Richard Ford Kt. Sir George Smith Kt. Sir Stephen White Kt. Sir James Drax Kt. Sir William Vincent Kt. Wiliam Love Alderman John Jolliffe Esq Maurice Thomson Esq William Williams Esq Mr. Peter Uan De Putt Mr. Samuel Barnadiston Mr. Thomas Kendall Mr. Christopher Boone Mr. Robert Lant Mr. Thomas Winter Mr. Francis Clark Mr. Christopher Willoughby Mr. Thomas Bretton Mr. Edward Pearce NOte That the whole Subscription of the East-India Company of England in their last joint Stock founded in Cromwell's time was 800000. l. sterl whereof 400000 l. was paid and the other ready to be paid if the Company could have imployed such a Stock in India or parts adjacent Note That in the first year after this undertaking of the English the Companies Actions in Holland fell 40 l. and 50 l. in the rates current but when they understood how the English proceeded they came to their full values again Note That when Sir William Courten set forth his Ships in 1635. and 1636. the Dutch Actions fell far lower and the English Actions of the old Company did rise 20 l. and 30 l. in the 100 l. which never did the like before or after and for those reasons that Trade was undermined and spoyled by the Dutch Note That every Committee man in the English Company hath a 1000 l. and upwards in the Stock otherwise he is not capable of being chosen into that office Note That the Bewinthebbers or Directors of the East-India Company in Holland have the like summe of 1000 l. in the first principal Stock and upwards otherwise they are not capable of that imployment Note That the first original joint Stock of the East-India Company of the Netherlands was 660000 l. sterling in the year 1602. when they laid their foundation of East-India Trade and that every 100
Breviate of the Depositions taken in the Admiralty concerning the Bona Esperanza 91 Agreement between the Mariners and Adrian vander Stell Governour of Mauritius concerning the Henry Bonadventure Anno 1643. 94 The Petition and proceedings of William Tombes before the Lords and Commons for the Admiralty concerning the Ship Planter An. 1645. 102 Abstracts of Procuration and Transports from Mr. Courten to Jacob Pergens Anno 1645. 1647. and 1648. 7 Letters from King Charles the First in Latin and English to the States Generall and Sir William Boswell on behaelf of Mr. Courten and James Pergens 1647. 8 Abstract of Sir P. Pindar's Procuration to Jonas Abeeles of Amsterdam 1647. 10 Jonas Abeeles Insinuation to the East-India Company of Holland and Arrest made in 1648. ibid. Authentique Copy of the Insinuation and Arrest in Dutch 97 Agreement made between the East-India Company Mr. Jacob Pergens 1649. 12 Proceedings of Jonas Abeeles against the East-India Company before the Escheevens or Magistrates of Amsterdam 14 Ten Select Articles of the Treaty between O. Cromwell and the States General 85 Abstract of the proceedings of William Tombes Executor of Sir Paul Pindar before the English and Dutch Commissioners Anno 1654. 15 The Petition of Henry Powell on behalf of himself and the general Creditors of Mr. Courten to the English and Dutch Commissioners Anno 1654. 89 The Petition of Tho. Newman Merchant and the Mariners concerning the Bona Esperanza to the English and Dutch Commissioners Anno 1654. 90 An Epistle Dedicatory to Sir George Downing Knight Envoy Extraordinary of his most sacred Majesty of Great Britain To the States Generall of the United Netherlands 16 The Petition of Sir John Ayton George Carew and Charles Whitaker to the Kings most excellent Majesty Feb. 1661. 17 An Accompt of the Losse and Damages of the Henry Bonadventure and Bona Esperanza annexed to the Petition 18 Lettre Aux Hauts et Puissans Seigneurs les Estates Generaux Des Provinces Unies 19 The Translation of the Kings Letter out of the French Originall into English 20 The Kings Letter to Sir George Downing Knight Envoy c. ibid. Sir George Downing's first Memoriall given unto the States Generall concerning the Interessed in the two ships Henry Bonadventure and Bona Esperanza 21 Sir George Downing's second Memoriall to the States General concerning the Henry Bonadventure and Bona Esperanza 22 Mr. Carew's Insinuation to the Directors of the East-India Company of the Netherlands at Amsterdam ibid. Extract from the Register of Resolutions of the States Generall May 10. 1662. translated into English 73 Mr. Carew's Letter to the Commissioned Bewinthebbers of the East-India Company at the Hague 23 An Order of His Majesties most Honorable Privy Councell upon the Petition of Sir John Ayton c. 24 Lettre Au Roy de la Grand Bretagne a l'Estates Generaux des Provinces Unies 29 A Translation of the States Generalls Letter to the King of Great Britain into English out of the French Originall 27 Antwoort van de Heeren Staten Generael der Uereenighde Nederlantsche Provincien op de Memorie door den Ridder George Downing extraordinaris Envoyê van syne Majestyt van Groot-Britannien c. aen haer Ho Mo overgegeven den20 April 1662. 29 Replique du Chevalier George Downing Envoyé Extraordinaire de Sa Majesté de la Grand Bretagne c. Sur la Response des Estats Generaux des Provinces Unies sur son Memoire du 20 Avril 1662. 33 The Reply of Sir George Downing Envoy Extraordinary c. in English The Answer of the States Generall of the United Provinces to his Memoriall of the 20 th Aprill 1662. 38 A Memorandum of the particulars of Docquets Deeds Writings and Papers mutually delivered by the States Generall and Sir George Downing upon Answer and Reply 45 Mr. Carew's Letter to the Commissioners appointed by the King to treat with the Dutch Embassadors at London 46 Sir George Downing's Memorial to the States General concerning the Bona Esperanza Bona Adventura Experience Daniell Brazell Frigott Leopard and Saint John Baptist. 48 The States Answer to the last Memoriall 49 The second Reply of Sir George Downing to the States Answer 50 Articuli Foederis Amicitiae inter Carolum II. Magnae Britanniae c. Regem Ordines Generales Foederati Belgii 55 Extraordinaer Schryvens van de Nederlandtsche Ambass in Engelandt meldende op wat maniere noch eyndelick de Tractaten met den Koninck geslooten sijn 63 A Translation of the Dutch Embassadors Letter out of the Original into English 63 A Memorial of Sir George Downing delivered to the States in English upon the return of the Dutch Embassadors into Holland 66 The same Memorial rendred in French 67 Eght Objections offered by the Dutch in a Conference between Sir George Downing and the Pentionatis de Witt against the English interessed and their Claim 68 Answers to the eight Objections in a Conference held at Sir Geo. Downing's 69 Declaration and Certificate in Dutch upon the Statutes made concerning Bankrupts 95 The Opinions and Resolutions of Sir John Glynn Sir John Maynard Sir Edward Turnor Ben. Hoskyns and Sam. Baldwyn upon the Case between the Assignes of William Courten and the East-India Company of the Netherlands 129 Consulta Sententiae Gualteri Walkeri Militis Gulielmi Turnori Thom. Extoni Timoth. Baldwini Davidis Budd Doctorum Professorum in Juri Civili super Casu inter assignat Guliel Courten Societat Oriental Holland c. 119 Sententiae Statutum Johannis Glynni Johannis Maynardi Militum Edvardi Turnori Milis Bennedicti Hoskensij Samuelis Baldwini Armigeri Juris-consulti data superlite inter assignatos Gulielmi Courteni India Orientalis Societatem Batavam 127 A Deposition of Mr. Thomas Newman Merchant taken before a Master in Chancery concerning the Damages of Bona Esperanza 1662. 114 A Deposition of Mr. John Darrell Merchant taken before a Master of Chancery concerning the Portugalls Goods and Agreement c. An Epistle Dedicatory to the Millitary Men Merchants and others of the English Nation inhabiting within the United Netherlands 71 A Letter from the States Generall written in French to the King concerning the Holland Ships detained upon the Accompt of the Knights of Malta 75 A Translation of the French Letter into English 76 A Letter from the States Generall sent to the King concerning the Ship Charles 77 A Translation of the same Letter into English from the Original 78 Sir Geor. Downing's Reply to the States General concerning the Ship Charles 80 Advertisement concerning the said Ship Charles c. 84 One and twenty select Articles out of the Treaty of Peace between the Crowns of France and Spain concluded in 1649. and Translated into English from the Originall 108 Twelve select Articles of Peace and mutual Commerce between Henry the 7. King of England and Phillip Arch-Duke of Austria and Duke of Burgundy concluded and signed at London the 24. of Febr. 1495. 105 The particulars of the Impost and Excise in the Low Countries continued for the publique Charge ever since the Union 103 A Catalogue of their names in the East-India Company of England who are capable of being chosen Committees for the year 1662. 115 Annotations upon both the East-India Companies of England and Holland 118 Mr. Courten's Instructions to his President and Factors in Carwarr and several parts of India and parts adjacent 130 An Attestation of Mr. John Darrell concerning Mr. Courten's Factors and Factories in the East-Indies and parts adjacent 137 Reasons and Arguments for speedy deciding of Differences arising by Depredations and Spoyls by Conferences of States 139 Prologue to a private Conference at Amsterdam 141 Conferences at Amsterdam between the Interessed Requirors and the adverse Requirees and others 143 Epilogue FINIS Several Considerations offered to the High Court of Parliament both for the Restauration and Increase of Trade fol. 1 Sir William Courten's Propriety and Claim to the Island of Barbadoes or An Appeal to the King against Force and Oppression 17 Postscript
Bona Esperanza and the Henry Bona Adventure of London wherein We thought good at the humble Suit of Our said Subjects and out of the gracious sense We have of their unjust sufferings in that businesse particularly to recommend it to the said States General that a full and speedy satisfaction be made to Our said injured Subjects which We will that upon the Delivery of Our said Letters you fully represent in Our Name to the said States together with the sense We more especially have of the evident Oppression and Violence so many of Our good Subjects have so long lain under And further that you sollicite by all good means a speedy issue and accompt of this Businesse which We will that you thereupon return unto Us wherein We expect your best care and diligence And so We bid you heartily farewell Given at Our Court at Whitehall the 21 of March 1662. By His Majesties Command Edward Nicholas A True Translation of the Kings Letter from the French Original to the Lords States General MOst High and Mighty Lords Our good Friends Allies and Confederates Upon the reiterated Complaints of many of Our Loving Subjects the Interessed in the Ships the Bona Esperanza and the Henry Bona Adventure of London We could not refuse the effects of that protection which We owe to all Our Suubjects Considering more especially that they are such as have very much merited by a faithful adhering to Our interests which during the late disorders in Our Kingdomes hindered them to crave that satisfaction which they might have assured themselves of from Us in so just a Cause We have therefore given Order unto Sir George Downing Our Envoy Extraordinary to make known unto you the businesse at large with the clear and evident proofs which have been made in Our Court of Admiralty and that which hath intervened since concerning the same whereby the justice of the Cause may be known which by the Adversaries themselves have been acknowledged and some Satisfaction already given although most grosly fraudulent which ought not any way to prejudice the persons who have the true interest The Businesse being of a very considerable value and wherein the fortunes of so many of Our Subjects are concerned We hold our selves obliged to recommend the same unto you with much importunity and do earnestly require present Satisfaction answerable to the proofs which have been made according to the Rules of Justice and the Amity and good Correspondence which We desire with you ever to conserve firm and inviolable It is not in effect without regret that we are constrained by the just Complaints unto Us daily made of Our Subjects to importune you in this nature but the Care and perpetual Desires which We have for their welfare obligeth Us particularly to be interessed in all that which occurs unto them and every one ought well to assure themselves that none can in the least circumstance molest them in their Commerce without assailing and thereby ingaging Us at the same time to a just resentment thereof We refer Our Self unto the Laws of Our Common Amity for a speedy Satisfaction in this businesse desiring God to take Your High and Mighty Lordships Our good Allies and Confederates under his Holy Protection Writ from Our Court at Westminster the 21 of March 1661 2. and of Our Reign the Fourteenth Your good Friend CHARLES R. Concordat cum Original Edw. Nicholas A MEMORIAL Delivered unto The States-Generall Concerning the Ships Bona Esperanza and Henry Bona Adventure of LONDON THe underwritten Envoy Extraordinary of His most Sacred Majesty of GREAT BRITAIN c. Doth herewith tender to their Lordships a Letter from the King his Master concerning two English Ships belonging to London the one called the Bona Esperanza and the other the Henry Bona Adventure the former hereof was in the Year 1643. violently set upon in the East-India between Goa and Maccao in a hostile manner in the Streights of Malacca by two Ships belonging to the East-Indie Company of this Countrey the one called the Vendillo and the other the Portogallo whereof one Geland was Commander in chief and carried to Batavia and there both Ship Goods and Tackle all confiscated And the other having in the Yeer 1642. come on ground on the Island Mauritins was there both Ship Goods and Tackle seised upon by some of the said Company The said Envoy Extraordinary doth in the Name and in persuance of most precise Orders which he hath received from the King his Master demand that Satisfaction and Reparation be forthwith made to the Persons interessed and injured And whereas it may seem strange that this matter should be set on foot at this time when as in the Year 1654. Commissioners were sent to England who did end several matters relating to the East-Indies and whereas in the Year 1659. several matters of a fresher date were also ended and thereby a period put to all other matters of Difference which had happened about the same time and were known in Europe before the 20. of January in the said Year it is to be considered that the Persons Interessed in these Ships were such as for their singular and extraordinary activity to His Majesty of blessed memory Father to the King his Master were tendred uncapable of persuing or obtaining their just right at home or abroad and upon that account it is that the businesse of these two Ships remains yet in dispute though several matters of a much fresher date have been ended and satisfaction given And seeing this hath been the real occasion of this delay the King his Master doth no ways doubt but that their Lordships will in so much a more eminent manner put forth and shew their Iustice for their relief Given at the Hague this 19. April 1662. New stile GEORGE DOVVNING The Second MEMORIAL THe underwritten Envoy Extraordinary of His most Sacred Majestie of GREAT BRITAIN c. having yesterday again received most strict Commands by the hands of one of the principal Secretaries of State from the King his Master sitting in full Council earnestly to presse their Lordships the States General that Satisfaction and Reparation be forthwith made to the Persons whose Cases are set down in his last Memorial Doth as in Duty bound hereby make known the same to them and desires that it will please their Lordships to take such Resolutions thereupon as the Iustice of the said matters do require and as may give contentment and satisfaction to His Majesty whom the said Envoy Extraordinary doth find to concern himself very much and to be determinately resolved to have Right done to His Subjects therein one way or another Given at the Hague this 11. May 1662. New stile GEORGE DOVVNING Mr. Carew 's Insinuation to the East-India Company of the Netherlands ICk George Carew Schilt-knaep al 's by den prerogative Hove van Enghelant ghestelt zijnde tot Administrateur van alle de naergelatene goederen van wijlen de Heer Willem Courten Ridder
praemisso J. Spronssen To the Right Worshipful the Commissioners appointed by His Highness Oliver Lord Protector and the Lords States Generall of the United Netherlands to hear and determine all Losses between the English and Dutch according to the 30. Article of the Peace The humble Petition of Henry Powell Citizen and Draper of London on the behalf of himself and the other Creditors of William Courten late of London Merchant Sheweth THat by virtue of a Commission under the great Seal of England grounded upon the Statutes made concerning Bankrupts directed unto James Winstanley and others appointed to inquire into the Estate of the said William Courten and to distribute the same according to the Laws in that Case made and provided whereby the Commissioners found the said William Courten became insolvent and that the East-India Company of the Netherlands and their Ministers abroad had seised and possessed themselves of two Ships belonging to the said William Courten called the Bona Esperanza and the Henry Bona Adventure of London with all their Lading Goods Merchandizes and Provisions and also had done unto the said William Courten and his Factors many other violent injuries and wrongs in the East-Indies whereby he himself and his Creditors are damnified to the sum of 150000 l. and upwards as by Authentique Proofs taken in the Admiralty may appear Received and admitted Tho. Lovell May 12. 1654. The premisses considered and for as much as the Creditors of Mr. Courten are intituled to the said Money accrewing by the damages aforesaid Your Petitioner therefore humbly prays on the behalf of himself and the Creditors that his Claim may be entred receive such a speedy determination for relief of himself and many poor father lesse Children and Widowes Creditors aforesaid as in all Justice and Equity the merits of the Cause shall require And your Petitioner shall pray c. Hen. Powell To the Honourable the Commissioners appointed by the Articles of Treaty between His Highnesse the Lord Protector c. And the Lords the States General of the United Provinces of the Netherlands To Examine and Determine all Losses and Injuries which either side alledgeth to have sustained from the other The humble Petition of Thomas Newman Richard Wheeler Francis Hill and Andrew Wetton in the behalf of themselves and the rest of the Company of and in the Ship Bona Esperanza Sheweth THat the said Ship being set out in the employment of William Courten Esq Thomas Kynaston Company authorized by vertue of Letters Patents granted by the late King for Trading to the East-Indies in her passage from Goa to Maccao in the year 1643. at which time there was perfect peace and amity between the English and Dutch was contrary to the said Peace and Amity in a violent and hostile manner surprized and seized by two Holland Ships belonging to the Holland East-India Company the one called the Vendillo and the other the Portogallo in which Ships Seignior Fermeren Seignior Gealand and the Lieutenant of the Fort of Malacca were Commanders who all three at first came aboard the said Ship Bona Esperanza as friends in way of visit and accordingly parted but soon after beyond all expectation of the Petitioners Shot a Peece of Ordnance in an Hostile manner and forthwith killed the Master Roger Tuckerman and afterwards in Fight took the said Ship by force of Armes to the damage of your Petitioner Newman at least 1400 l. he being then Sole Factor of the Cargozon and to the Damage of the rest of your Petitioners and the Company of the said Ship 2000 l. which respective damages have ever since tended and do tend to the utter ruining of your Petitioners All which appears by the Claims and Depositions in the Admiralty now brought before your Honours by William Tombes Esq Executor to the last will of Sir Paul Pindar Knight the Assign of the said Esq Courten Received and admitted Tho. Lovell May 14. 1654. Your Petitioners in obedience to and persuance of your Honours late Declaration injoyning all Claimers to bring in an Abstract of their Damages in particular have presumed to present their Case as above by this tbeir Petition Most humbly praying that their Claim aforesaid may be distinctly set apart by it self And that they may according to the power and authority wherewith your Honours are now invested by the Articles aforesaid receive their several satisfactions answerable to their proportions of damages aforesaid And your Petitioners shall ever pray c. Rich. Wheeler Thomas Newman Francis Hill Andrew Wetton A Breviate of the Depositions taken in the High Court of Admiralty in England concerning the Ship Bona Esperanza referring to the several Fol. and Interogatories     Fol. Inter. THat in 1641. William Courten and Company Fraighted and set to Sea the Ship Bona Esperanza wherein Roger Tuckerman was Master on a Trading Voyage to the East-Indies ROb. Gray 2 1 Rich. Wheeler 37 1 Saith she went out about 3. Decemb. 1641. as he remembers   Fra. Hill 21 1 Tho. Newman 58 1 Saith the goods in her were consigned to the Factor of Courten and Company in India     That 180. Tuns of the said Ship at Goa was let to Fraight by John Faren for Courten and Company to the Portugals for a Voyage from Goa to Maccao in China and from thence back again to Goa and there was to be paid for outward Fraight 8000. Rials of eight and 32000. Rials of eight for her homeward Fraight the rest of the Tonnage was reserved for Courten Tho. Lamberton 71 2 William Page 47 2 Tho. Newman 59 2 Rich. Smith 30 2 Rich. Wheeler 38 2 That the Portugals about March 1643. at Goa put aboard the said Ship goods of a great value and about 100. passengers bound for Maccao which the Master and Company undertook and endevoured to perform the same Tho. Newman 59 3 Will. Page 48 3 Saith that some goods were by the Portugalls laden and some for Courten and Company     Rob. Gray 3 3 Andr. Wetton 14 3 Tho. Lamberton 72 3 That besides the Portugals goods taken in at Goa there were divers goods taken in there and at other places for Mr. Courten and Company to be carried to Maccao in China which Ship set Sayle from Goa towards Maccao in April 1643. the last Port that goods were taken in at was Atcheene and that all the goods in the Schedule in the 4. Inter. mentioned were the goods of Courten and Company Rob. Gray 4 4 Rich. Smith 31 4 Rich. VVheeler 39 4 Will. Page 49 4 Saith they went from Atcheene in or about May 1643.     Tho. Lamberton 72 4 Saith he cannot express the times because the Dutch took away his Papers Writings and Books of Accompt         Fol. Inter. That in June 1643. the Ship with her Lading in her passage towards Maccao was in a Hostile manner taken by two Ships the Vendillo and the Portugallo both belonging to the Holland East-India Company having