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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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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
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
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
and Robberies done upon the English in times of Peace and that for some Reasons the Company reserve to themselves And the King for either Reasons hath been pleased to require just reparation in this way of State and to set a greater value upon the Lives and Fortunes of His Subjects then the Hollanders are willing to admit This is the Substance of the Ensuing Narrative which when you have weighed from what hath been set forth in the foregoing part of this Treatise and shall consider all which follows I question not but you may as much wonder at the strange confidence of some persons in Holland as at the patient forbearance of others interessed in England Pardon my Freedome I find liberty in the Low Countries consists only in speaking their minds and parting with their money Yet I will not injure my Cause with Satyrical Expressions nor blame the Seven United Provinces for a few unworthy Hollanders although I must make a little digression and tell them that Cowards cannot be honest and covetous men dare not dye It is an observation in nature that those Creatures which live upon Herbs and Roots are more fearful then those which eat flesh and that where the Elements are bad the habit of the mind follows the temperature of the body But I descant not The East-India Company of the Netherlands or some of their Agents in Amsterdam published the States Answers with several documents intituled the Pamphlet A Refutation of the Kings Letters and Memorials of Sr. George Downing The West-India Company took the same liberty and published another Pamphlet as rude in the manner as false in the matter and reported that the English had spoiled their Trade upon the Coast of Guiny and that the Royal Company had damnified them 80000 l. per annum by invading their Rights and Priviledges It 's frequent amongst Hollanders upon any pretence of Damages to demand both Life and Goods and take a Dollar But it 's dishonourable for an Englishman to demand any thing he cannot justifie or take any thing without a good reason for it It 's possible I may meet with some Englishmen in the United Provinces that can forget their King and Country and others of our Countrymen that study more the advantage of the Hollanders then the benefit of themselves and the English Interest That man must be of a strange Constitution most depraved in his Judgement that had rather pay a Gilder to the States then a Stiver to his Soveraign Prince I shall not hold you any longer in Discourse but come to the business in hand I desire to be tryed by a Jury of Englishmen that goes according to the Evidences before them without favor or affection though the States have in behalf of the Company used all manner of shifts and evasions Yet if I be found guilty of impudence or impertinency I will undergo their Censure and suffer any punishment On the contrary I shall beg that favour of you if the Cause goes with me that you will undeceive the Boors Fishermen in the Low Countries and tell them I have endevoured to preserve a good Intelligence between the King Our Soveraign and the States General upon the Foundations of Justice and Honour I am your Friend and Countryman GEORGE CAREVV Extract from the Register of Resolutions of the Ho Mo Lords the States General of the United Provinces May 10. 1662. REport was made again by the Sieur Braechele others of their Ho Mo deputed touching the Proceedings in England and having also according to their Ho Mo Resolution of the 1. Instant examined certain Letters and Papers written and sent over by the Embassadors of this State at present in England which said Writings were dated at Chelsey on the 28. of April last and addressed to the Greffier Ruysch Likewise caused to be read the same time a certain Memorial the which was from word to word as followeth 1. The Commissioners shall only be for matters past and not for any thing as shall happen after the date of the Treaty made 2. That their Commission concerning what passed as aforesaid shall not comprehend any general terms but shall be expresly limited to a List which shall be made and that they shall not be to take cognisance of any other matters whatsoever 3. And for the agreeing to the like List they shall form one of each side and exchange the said to be considered on reciprocally and in case any specification be found in the said of matters known at Londonbefore the 20 of January 1659. in regard of the pretences of the English according to the Treaty of the 6 of February 1659. and at the same time known at the Hague in regard of the pretences of those of the United Provinces or of any other Action by which the nature of the case will shew it not fitting to be decided in the like manner that then the said may be first taken out of the said List. 4. This List being approved of by the one and the other four months time shall be Limited in which they shall endevour His Majesties Minister at the Hague on the one side and their Ho Mo deputed on the other by friendly Conferences to decide all matters comprehended in the said List being such as are happened in Europe and for such as are happened out of Europe eight months shall be limited and the pretendents or such authorized by them shall be oblieged to appear at the Hague the first day of the 4 months and 8 months abovesaid 5. And in case the 4 and 8 months may be expired in which the pretendents or such authorized by them had continued at the Hague indevouring to decide such their pretences happened in Europe and yet not come to any agreement that then the said pretences shall be brought before Commissioners and to be decided by them as likewise after the expiration of 8 months in regard of matters happened out of Europe and that after expiration of the 4 months and 8 months there might remain any pretences as yet in difference happened in Europe the said Commissioners shall assemble in the City of London and their number shall be four of each side and be fully and wholly authorized even to what it was in the Year 1654. Whereupon being deliberated it is approved that the said Memorial be sent to the Embassadors of this State at present at London to serve them for Instruction and to use their endevours that the said Treaty may be concluded conformable thereto and withal to make His Majesty the King of Great Britain sensible and his Ministers likewise that their Ho Mo judge that His said Majesty would assuredly bring himself into great inconveniencies in case that the Terminus a quo should be as from the year 1654. as for matters out of the East-Indies for that thereby His Majesty would be engaged to make reparation for such Violences and Injuries done by His Usurpers Commissions and Authority between the
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
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