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 Fiat Justitia pereat Mundus By GEORGE CAREVV Armig. LONDON Printed by William Godbid for the persons concerned M. DC LXII An Introduction To the TREATISE GReat Adventures are accompanyed with Equal hazzards and advantages and men of noble principles rather take incouragement to improve their Countrey by lawful Enterprises than to sit still and suffer Penurie through fear and negligence The wisdome of all Ages provided safe Conducts for Merchants under the sanctuary and protection of Jus Gentium and National Treaties therefore they that suffer Injuries by the Insolent Subjects of Foraign States without seeking Satisfaction and Reparation answerable to the Damnum Emergens forfeit not onely their own Proprieties but betray both the Honour and Justice of their PRINCE and the Strength and Courage of His Subjects Felons by the Law of ENGLAND are not admitted Counsel or any Testimonies upon Oath for that such Criminal offences are contra Pacem Dignitatem Domini Regis c. and Murtherers are punished with Death by the Law of all Nations Trespasses according to their circumstances are considered in the Eye of the Law To strike a Peasant bears an Action but to strike a Peer bears a greater Robberies committed at noon-day in the open Roads are laid to the Countries charge for that Theives were harboured within the Jurisdiction of a Civil Government Among the Greeks if a Murtherer flew into any City for refuge they Apprehended three of the Inhabitants and kept them in safe custody until Justice were done upon the Offender To deny or delay Justice is Injustice and where there is a Persistency in it Grotius who was both a Divine and a Civil Lawyer says that Letters of Reprisal are consonant to Law and therein Nations as well as Persons are concerned The Sacred Scripture directs a threefold Restitution for Goods unjustly taken and the Church of Rome Excommunicates those that detain any thing from persons suffering by Distresse at Sea accounting it so Detestable a sin that they are Accursed and shall not obtain Remission until they have made full satisfaction Generous Spirits are obliged by Kindnesse being sensible of Honour and Gratitude but the Jewish generation of obstinate men that deems it no sin to cheat Christians being Incorporated into the East-India Company of the Netherlands holds it more shameful to Restore than to Steal and for their private Interest will if possible Engage the Seven Provinces in an unlawful War than yeild to reasonable tearms for their Peace There are many that justly call themselves Sufferers in this case and Poterunt litem inceptam prosequi not doubting in the least of a good Issue upon the foundations of Justice and Equity The precept of Law is to Doe right to Every man and Demosthenes the renowned Orator defines it to be the Gift of God as well as the Decrees of Learned men The Laws of ENGLAND are most clear in the Point under which qui se jacturam passos dicunt in duabus Navibus c. they are subject there needs no Commentary upon the Text being established upon the grounds of right reason and judgment Having glanced at the several Heads in the following Discourse before I come to the Proceedings upon the Controversie begun it 's necessary to open the Cause that the Reader may not be perplext in various turnings to lose his way I shall then in Bona Esperanza sail to the Henry Bona Adventure and enter the Particulars of the Goods and Fraights taken in on their Trading Voyages and declare the accompts and opinions both of the most Learned in the Laws and experienced in Policies and Reasons of State that say If the full Loss and Damages be not satisfied according to the Proofs in the Admiralty the Conclusion for English Affairs will be far worse than the Premises Veritas non quaerit Angulos The CASE between the Assignes of WILLIAM COURTEN and the East-India Company of the NETHERLANDS KIng CHARLES the First of ever glorious memory most seriously considering that Trade and Navigation was a principal means to bring Honour and Wealth to His Kingdomes and finding by sad experience that the East-India Company of ENGLAND rather persued their present profit by a Running Trade than to settle themselves in places of strength that might give incouragement to future Times for adventuring any Commerce with the Indians or defend themselves against the violent and apparent Injuries of the Hollanders who daily insulted over them to the Dishonour of GREAT BRITTAIN Decrease of Customes and Expence both of His Majesties Subjects and their Fortunes His Majestie duly considering the premises did by His Commission under His Royal Signature bearing date the 12 th of December 1635. the Uiceroy of the King of Spain having concluded a Truce and Free Trade in the East Indies with His Majestie give license power and authority to Sir William Courten late of London Knight Endimion Porter Esquire Thomas Kynaston Samuel Bonnell Merchants and others to Set forth under the Command of Captain John Weddall and Nathaniel Mountney the good Ships called the Dragon the Katharine the Sonn the Planter the Ann and the Discovery with Gold Silver Merchandizes and Provisions fit for Trade not onely to Goa the Parts of Mallabar China and Japan but also to Cape Bona Esperanza the Island of St. Laurence and Parts adjacent the Coasts of Mosambique Sofola and AEthiopia the Island Succatora the Coast of Arabia the Gulph of Persia the Coast of India the Island of Zelaon the Coast of Cormendell the Gulph of Bengala the Coast of Pegu Achen the Island of Sumatra the Straights of Malacca Sindea and Bandea with the Islands of Java Macassar Borneo Gillolo the Maluccose Islands with Nova Guiana and the Coasts of Tartarie or to any other place whatsoever where occasion of Trade or Discovery should lead them And amongst other powers and privileges granted Authority to take possession for His Majestie His Heirs and Successors of all such Lands as they should discover and conceive might be of Advantage and Honourable for the Crown of ENGLAND to own or hold giving to the said Sir Will. Courten and other the Adventurers with him and their Heirs for ever one full moiety or half part of the Lands and Benefits whatsoever thereunto belonging reserving the Soveraignty thereof and the Interest of Disposing the other part And in order to a Friendly entertainment of the English by the Natives His Majestie sent several Letters under His Signe Manual to the Indian Kings for the kind reception of those His
Mediterranean Sea and it was necessary the matter should be cleared by Himself in all those particulars which might have passed between him and Captain Edward Spragg to the end we might be able rightly to judge of it and to clear to Your Majesty the sincerity of our Intentions We know not whether the said Captain Spragg had knowledge of the distance of Enno Doedesson and if he served not himself of his absence to give Your Majesty impressions contrary unto a Truth of which he ought to be convinced in his Conscience He knows and we have put the proofs into the hands of Sir George Downing Your Envoy Extraordinary with us in what manner he scoured the Seas particularly in the year 1659. by Pyrating upon all sorts of Nations indifferently after the Example of many other Biscain Pyrates The Outrages committed about that time and some years afore by those Pyrats the discommodities the commerce of the Inhabitants of these Provinces received thereby obliged us in the year 1658. to order by a Resolution General all our Captains and Sea Officers to Treat all those Biscain Ships of War without any distinction as Pyrates and to attaque them wheresoever they met them at Sea and carry them away It was by vertue of this Order that Captain Spragg was taken but especially for being known by three Máriners vvhich were then aboard the said Enno Doedesson to have Pyrated and to have taken with the same Ship Charles then named Sr. Carlos among others a Ship named the Moor belonging with the greatest part of its lading which consisted in Wines of Canary and other Merchandizes to the Inhabitants of Amsterdam and Middleburgh in Zeland This ship SIR was taken by the said Captain Spragg and brought to the Haven of St. Sebastian in Biscay in the Moneth of March 1659. of which the Owners and Laders having notice they demanded Restitution and found Justice enough at the Court of Madrid to obtain it with expences damages and Interest by an Authentique Decree of the King of Spain but the said Captain Spraegh and his Interessed in stead of delivering her had the Confidence further to Arrest the said Ship and to extort by that means at the end of five Moneths of the Master and of those which prosecuted the processe for the Interessed the sum of Seven thousand double royals of Silver and the moyety of the proceed of Thirty Pipes of Canary although of 250. Pipes with which the said Ship was laden there were but 71 restored with the Vessel so that although the said Captain Spragg had not been of the Number of those Rovers or rather Biscain Pyrates against whom we had taken that Resolution Generall and that Captain Enno Doedesson had not been obliged to execute it in his relation to that quality he ought neverthelesse to take and carry him away because of that violence done to the said Ship the Moor which was declared by a Decree of the King of Spain to belong as it did in truth to the Inhabitants of this Province unlesse he would have failed in his Oath taken to this State So far are we from blaming his proceedings that we fear not to tell your Majesty that we are sorry of that accident which happened to the said Ship Charles namely one of those Mariners taken within the same Ship being a Cooper bored a hole therein and exposed the Vessel to so manifest danger of perishing that Captain Wildschut to whom Enno Doedesson had committed the Conduct of her to bring her hither was constrained to abandon her which was the means also of the others Escape by which he withdrew himself from the pains of a just sentence which should have been pronounced against his Crimes We have so well represented and proved this truth to Your Envoy Extraordinary whom we have prayed to acquaint Your Majesty therewith that we will not importune You here with an ampler and longer account of this affair onely we find our selves obliged to say that as our manner hath alwayes been to addresse Our selves to the King of Spain and to his Subjects for reparation of those violences losses and damages done to the Inhabitants of these Provinces and by them sustained because those Rovers came forth of the Ports of Spain so we think it just for us to addresse our selves to Your Majesty at present because Captain Spragg is in Your Service and for that he useth your Name in the prosecution of his unjust pretences to demand of You Justice against him and that he be compelled by all just and reasonable wayes not onely to restore the abovesaid Seven thousand double royals and the value of the Wines and other Merchandizes which he hath taken and alienated but also other things which he found and took out of the Chest of the Master of the ship Moor whereof Your Envoy Extraordinary hath the number and value We have great cause to hope for Your equity herein and particularly that You will not suffer that for the future any persons shall make use of Your Name and Authority upon matters so il-grounded and yet hardly laboured to the taxing upon such frivolous occasions our proceedings and to blame our Conduct even in such termes which are fit only for those who openly deny Justice but that You will have as much consideration for Your good Friends and next Neighbours as You have goodnesse towards Your Subjects whose carriage we condemn not upon a single report of a third person and without giving them space to reply This is it which we have beleived ought to be said by us on the Subject of the Letter of Your Majesty attending while the Informations are finished which we cause to be made of other violences extortions and outrages done by the said Captain Spragg to the Inhabitants of this Countrey and in the mean time we shall pray to God SIR c The Reply of Sir GEORGE DOVVNING Envoy Extraordinary of His MAJESTY of GREAT BRITAIN c. Delivered the 13. of July 1662. upon the Answer of the STATES GENERAL of the United Provinces to his Memorial concerning the Ship CHARLES THE under-written Envoy Extraordinary of His most sacred Majesty of Great Britain c. having received the Answer of their Lordships the Estates General of the United Provinces of the 27. of June last to the Letter of the King his Master and to his several Memorials and complaints concerning the Ship Charles finds that their Lordships do not deny the matter of fact complained off but offer in justification of what was done by Doedessen Star that Captain Spragg Commander of the said Ship Charles was one of the famous Pirates of Biscay and in particular that he had in the Year 1659. taken a certain Ship of this Country called the Moor laden with 250. Pipes of Canary wine the whole or at least the greater part thereof belonging to the Merchants of these Provinces and carried her to St. Sebastians in Spain and that upon this ground the said
Subjects aforesaid Nevertheless in the said Commission His Majestie declared His meaning and intent that the old East India Company shall not be restrained hindred or impeached of in or from a Free Trade and Commerce to any of those Parts any thing to the contrary notwithstanding Saving and excepting a certain clause in the Grant concerning the Discovery of a Passage into the Atlantick Sea and the Benefits thereby accruing and the Land to be discovered and taken possession of by the said Sir William Courten and his Partners as aforesaid Provided also that Sir William Courten and other the Adventurers with him their Agents and Assignes shal not be privileged licensed or enabled to Trade where the East India Company had setled Factories Plantations or Trade before the 12 th of December 1635. And to shew a signal testimony of His Maiesties favour to this Foundation there was in the said Commission power and authority given to make use of His Majesties Common Seal ingraven with a Lion passant gardant between three Imperial Crowns to seal all Letters Certificates and matters of Concernment in the said Trading Uoyages And as a further ensigne of His Majesties most gracious care for the safety and preservation of the Shipping in that Imployment did authorize and require Sir William Courten his Partners c. to carry in all their Ships the same Flags and Colours which the Kings Ships and none else ought to bear And in persuance of the said Commission Grants and Authorities aforesaid the said six Ships were set forth and sent to the Parts and places aforesaid Sir William Courten having upon his owne accompt adventured the Summe of 120000 l died being indebted to several persons that had lent him many great Sums of money upon his owne and his Son William Courten's personal Security His Majestie then minding to give all further incouragement to the surviving Adventurers did of His especial grace certain knowledge and meere motion by His Letters Patents under the Great Seal of England bearing date the first day of June 1637. grant ratifie and confirm unto Endimion Porter William Courten Son and Heir and sole Executor of Sir William Courten Thomas Kynaston Samuel Bonnell Captain John Weddall and Nathaniel Mountney and every of them their Partuers Agents and Assignes all the said Powers Privileges and Authorities mentioned and contained in the former Commission with license from time to time during the space of Five yeers next following to set forth and send one or more Ship or Ships Uessel or Uessels well fitted and provided for Trade to the Parts and places aforesaid Captain Weddall and Mountney with the former Ships having Traded for the space of Eighteen moneths upon the Coasts aforesaid purchased several places for Factories neer the Sea and possessed themselves of some Uacancies of Land lawful for them to do and then sent home the Sonn and the Planter richly laden with Goods to a great value The Hollanders perceiving that both the Indians and Portugals had naturally more kindness for the English than the Dutch Envyed thereat and sought all indirect means and practises as formerly they had done to destroy them and their Foundations declaring all men to be their Enemies that dealt with the English Afterwards Capt. Weddall and Mountney as they were bound homeward for England in the Dragon and Katharine laden with Oriental Wares and Merchandizes to the value of 150000 l Sterling and upwards neer the Cape Bona Esperanza were most barbarously murthered by the Dutch and the Ships both sunk as by strong presumptions and relations of several persons hereafter mentioned may appear which put the Company upon great streights William Courten then Borrowed the Sum of 28800 l. of Sir Paul Pindar Knight upon his personal security in the same yeer his Father died towards satisfaction of such persons that called in their moneys afterwards prevailed with Sir Edward Littleton Baronet his Brother in Law to become bound with him for divers great Sums of money to divers other persons amounting to 68000 l. or thereabouts which was taken up at Interest to carry on the said Trade in India as aforesaid And in the Yeer 1641. having with his Partners set forth seven other Ships well provided and furnished with Gold Silver Merchandizes Ammunition and other provisions fitting for East India Uoyages did by an Indenture or Bill of Sale bearing date the 26 of Aprill 1642. made between the said William Courten of the one part and Sir Edward Littleton of the other part recite the said Letters Patents And whereas the said William Courten and the parties named in the said Patent in persuance of the powers and authorities therein granted had set forth and sent out to the East Indies and places before mentioned the said 7 Ships herein particularly mentioned viz. The Loyalty of London of the Burthen of 340 Tons or thereabouts under the charge and Command of John Durson Master the Bona Esperanza of London of the Burthen of 240 Tons or thereabouts under the charge and Command of John Dowrifh Master the Hester of London of the Burthen of 230 Tons or thereabouts under the charge and Command of Robert Hogg Master the Unity of London of the Burthen of 160 Tons or thereabouts under the charge and Command of Henry Russell Master the Paradox of London of the Burthen of 120 Tons or thereabouts under the charge and Command of Adrian Mathews Master and the Planter of London of the Burthen of 260 Tons or thereabouts under the charge and Command of John Benning Master And whereas the whole Adventure of and in all the said Ships being divided into Eight parts the Adventure of him the said William Courten amounteth unto Seven parts of the said Eight parts and the other part is the Adventure of all the rest of the Adventurers and Parties herein before mentioned And whereas the said William Courten hath at his owne proper costs and charges and for his owne proper accompt by several Polices or Writings of Assurances bearing the several Dates herein mentioned assured himself lost or not lost from London to the parts and places aforesaid in Trade and from thence to London again with their Lading that is to say by one Police dated the 13 day of April 1641. upon the said Ship called the Paradox the Summe of 3450 l. by another Police dated the 6. day of October 1641. upon the Bona Esperanza the Summe of 3400 l. by another Police of the same date upon the Henry Bona Adventure the Sum of 3200 l. by another Police dated the 18 of Aprill 1642. upon the Loyalty the Summe of 5250 l. by another Police of the same date upon the Hester the Summe of 3650 l. by another Police of the same date upon the Unity the Summe of 3150 l. as in and by the said Polices or Writings of Assurances may appear And whereas the said Sir Edward Littleton at the request and for the onely proper debt of the said William Courten and as his
he subscribed with his hand and acknowledged the same being repeated to contain the truth Tuesday the first day of August 1654. The said Mr. Kynaston appeared and alledged that the Cause on the behalf of William Tombes touching the Ship Bona Esperanza was fully instructed and ready for hearing at whose Petition the Commissioners Decreed that the said Cause should be heard on Thursday next in the Afternoon in case the Claims touching the Ships Concord and St. Anthony which are first to be examined be fully discussed by that time Thursday the 3. of August 1654. Which day was wholly spent in the examining the Cause touching the Ship Concord aforementioned Friday the 4. day of August 1654. Before the said Commissioners the Deputies for the Dutch East-India Company being present appeared Mr. Thomas Kynaston and Henry Robinson above-mentioned at whose Petition the said Commissioners then ' monished the said Dutch Deputies to prepare themselves if they think fit to the defence of the several Spoyls whereof the English in their Claims comprized under the Numbers 8 9 11 15 20 24 32 33 34 40 41 46 47 50 51 52 53. have complained against the said Dutch East-India Company which they intended to hear upon their first opportunity Extractum hoc concordat substantialiter cum Originali Quod attestor Guilh. Chrymes Actuar Assumptus The 13 day of August 1654. personally appeared before me William Chrymes Notary Publique Mr. Thomas Kynaston and protested of his diligence in seeking and endevouring after the obtaining a certain cause by him sollicited on the behalf of Mr. Will. Tombes and others the Interessed in the presence of Ex. Tho. Bedford Ex. Edm. Arnold Not. Public VVilliam Tombes finding that the Dutch Commissioners would not do him justice in England was unwilling to follow them to Amsterdam as they desired to proceed against the Company where Jonas Abeels had done for Sir Paul Pindar before and being very sensible how tedious vexatious and expensive the Court of Holland the Hogen Rade and the Revisions were at the Hague after the first Trial was over before their competent Judges as they call them in the Cities Considering those things and being afflicted with some other troubles he was not able to contain himself with patience but chose rather a quick dispatch and hanged himself in the year following Whereupon Letters of Administration de bonis non cum testamento annexo of Sir Paul Pindar were granted to Sir William Powell alias Hinson who claims the part and proportion due to Sir Paul Piudar and Sir Edward Littleton did by his Deed of Assignment dated the 23 of August 1656. grant and assign all his right property and Interest of in and unto the said Ships Goods and Effects whatsoever unto John Ayton George Carew and their Assigns for ever And although they could not appeal for justice to the Parliament before Cromwell 's Usurpation being Delinquents and in Cromwell 's time could not prosecute their pretences in Holland being his declared Enemies yet now our Good Hope is that we shall receive our good Adventure with reparation and dammages since the King of Great Britain is restored Therefore I shall now go forwards and prosecute the Suit begun at the Hague G.C. To the Right Honourable Sr George Downing Kt Envoy Extraordinary of His Most Sacred MAJESTY of Great Brittain c. To the States General of the UNITED PROVINCES MUCH HONOURED SIR PAtriots of their Countrey Especially such as are found for their Abilities sit to serve the King in Forraign affaires have commonly those faculties which render them most worthy of Honourable Employments and they which are capable to deal with the Hollanders are known to be couragious patient and faithfull Your Honour may please to remember when I brought the Kings Letter to the States General at the Hague in April last with his Majesties directions to your self strictly commanding you to require speedy satisfaction reparation for the loss of the Bona Esperanza and Henry Bona Adventure of London two Ships as significant in their names as the Damages grievous in their nature I told your Honour there was just grounds of Complaint which should be vigorously prosecuted wherein I have found great experience of your favour and constancy toward us Oratory is fitter for Comedies then Cases I have therefore in plain terms set forth the true State of the whole matter with some observations upon former proceedings to satisfie all persons concerned that several actions and complaints have been brought in this case in the late distempered times some of them through delay of Justice suffered non-suits others by denial and death of the parties abated Moritur actio cum persona and divers through the defect of Commissioners appointed to hear them were dismissed without any determination But this lis incepta now brought in a Politique way in the Kings Name with your assistance those which are the sufferers poterunt litem incoeptam prosequi c. Sir you have kept up our good adventure and good hope from sinking and although their ladings were surprised in the Straights of Malacca at Mauritius if they be not restored by your friendly conferences I doubt not but to reprise them in the Downes or Narrow-Seas and question not a full satisfaction as clear as the Sun at Mid-day without abusing the Kings goodnesse or deserving any punishment for making the world acquainted that since the East-India Company of the Netherlands will not acknowledge our right it s easily granted they must pay for doing us wrong Honoured Sir you have to doe with a Crooked Generation of men and Nunquam efficies ut recte ingrediantur Cancri I shall not trouble your Honour any further at present but to give you the most hearty thanks and prayers of all the interessed and acknowledge my self Grays-Inn Novem. 5. 1662. Ever Honoured Sir Your most Obliged Servant GEO. CAREVV To the Kings Most Excellent MAJESTIE The Humble Petition of Sir John Ayton Knight George Carew and Charles Whitaker Esquires on the behalf of themselves and the rest of the Creditors of Will. Courten Sir Edward Littleton and Sir Paul Pindar deceased and of others Interessed in the Ships Bona Esperanza and Henry Bona Adventure of LONDON SHEVVETH THat William Courten Esquire and other Merchants in Company with him were Authorized by Letters Patents under the Great Seal of England ê™ Trade unto the East-Indies China and Parts adjacent and in persuance thereof setled several Factories and Plantations neer the Sea Coasts convenient for Trade and amongst other Ships set forth in the Year 1641. the Bona Esperanza and Henry Bona Adventure of London That to carry on the said Enterprize they became Indebted to Your Petitioners and others in many great Summes of Money That the East-India Company of the Neatherlands out of a designe to destroy Mr. Courten and others in their Shipping and Trade violently Seised and Confiscated the Bona Esperanza in the Year 1643. and the Goods and Ships-provisions of the
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
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
Courten en ce Pais Nous ne pouvons sans faire tort a la Memoire du feu Roy alleguer les lettres de la Maison des Seigneurs d' Angleterre qui confirment ce que nous Venous de dire mais nous croyons y devoir adjouster que ledit Paul Pindar ayant pū se refoudre en l'an 1651. afaire adjourner par devant les Eschevins de la Ville d' Amsterdam les Directeurs de la Compagnie des Indes Crientales en la Chambre de la mesme Ville et a conclurre a ce qu'ils fussent condamnés a luy payer la susdite somme quatrevingt cincq mille livres tournois Il n'a pas continué ces procedures quand il a esté informé de choses cy dessus mentionnées et il ne se trouvera point que depuis ce temps lá il ait fait aucunes poursuites en ce Pais Ce qui est une preuve invincible de l'Injustice de ses pretensions et nous fait esperer que Vostre Majestie ne laissera pas impunie l'audace de ceux qui par des plaintes injuri euses et mal fondées pourroyent troubler la bonne correspondence que nous pretendous cultiver tousjours de nostre costé entre Vos suiets et les nostres Nous esperons aussii que Vostre Majestie connoistra en ce que nous venons de dire l'equité de nostre procedé et lasincerite de nos intentions a entretenir religieusement l'amitié qui jusques icy a esté si utile al'un et a l'autre Estat et a meriter l'affection qu'il a plu a Vostre Majestié nous tesmoigner Nous nous en promettons les effects et cependant nous prions Dieu SIRE De combler le Regue de Vostre Majesté de felicité et benir Vostre Personne Royale de santé et de tres longue Vie A la Haye le 22. Juin 1662. De Vostre Majestiê Bien humbles Serviteurs Les Estats Generaux des Provinces Unies des Pais Bas. Josan van Schriecket Par ordonnance d'iceux J. SPRONSSEN The Translation of the States Letter to the King June 22. 1662. WE did write to your Majesty some eight dayes agoe in relation to a businesse whereto we Exspect your answer so much the more favourable as the proceedings of the Admirall Court at London of which we complained entrencheth equally upon the law of Nations and the Soveraignty of your Crown now we find our selves obliged to write to you of a businesse of less importance in effect but whereof the consequences may prove so troublesome that they Invite us to prevent them by a necessary clearing thereof for the preserving of a good Intelligence betwixt your Kingdomes and our Provinces It pleased your Majesty by your letter of the 21. of March last which we received the 20. of April after to presse us to give satisfaction to the Interessed persons in the Two Ships called La Bonne Esperance and Henry Bonaventure whereof the one was taken Anno 1643. by two Ships of the East-India Company of this Countrey in the Straits of Mallacca and the other about the same time struck upon the Coast of the Isle Mauritius where the people of that same India Company made their benefit of the goods that were saved We are not to justifie the proceedings of that Company in that Encounter but we cannot but complain of the boldnesse of those who are so impudent as to importune your Majesty and to crave your Intercession in a business that is not only so inveterated and overgrown with years but also such as we cannot with honour condiscend to nor they with a good conscience demand That which past in the Treaties of Anno 1654. and 1659. having Extinguish'd and mortified all pretensions of that nature so that we might serve our selves therewith as with a General reason against all such demands and justly be dispenced with from giving any more perticular accompt of that your Majesty recommends to Us yet we will inform your Majesty most particularly of the true state of that businesse Provided that your Majesty permit us to Protest that we cannot ingage our selves to make a new research of things concluded by former Treaties and that shall only be for this one time and to crave justice to be done upon those that have abused both your Majesties goodnesse and our patience in ripping out of the grave as we may say a businesse the Memory whereof ought long agoe to have been abolish'd we shall not inlarge our selves upon the reasons which that Company might have had to take the Ship La Bonne Esperanza and to make their benefit of the Ship-wrack of the Henry Bonadventure being abandoned by the English Master and Mariners we shall content our selves to answer to those Allegations which the pretended Interessed have used to surprize your Majesties goodnesse to move you to recommend to us their so ill-grounded interests we will believe that the Interessed in these two Ships did very great service to the late King of glorious memory but they say more then truth when they would make beleive that these services hindered them to crave reparation in the Usurpers time for we can make it appear and have sent the convincing Proofes to your extraordinary envoy that they were so far from daring to do it that they gave in their demands in Writing to the Commissioners established Anno 1654. under the name of William Toombes as executor of the Testament of Paul Pyndar in whose behalf the suit is now renewed which was extended then to the sum of 72546. sterl It was not necessary that the said Commissioners should have then decided that difference because it was already decded by an amicable Transaction betwixt the parties for the sum of 85000. Livers Turnois which the said Company really paid though the Interessed seem to presuppose that Jacob Pergens and David Goubart who made this Transaction were not qualified to do it but we have by us have communicated to your extraordinary Envoy such evident Proofs on the contrary that the Sun is not more Cleer at Mid-day Goubart was Owner of a part of the Bonne Esperanze and was impowred by all others that were Owners thereof and in this quality William Courten hyred her from him and fraughted her and made a legal procuration of his Interest to Jacob Pergens Those that now renew their ill-grounded suit can not deny it nor controlle the Authentique Acts and Deeds past as the Procuration the Transport the Assurances the Orders and Discharges which are produced Therefore they have advised to say that William Courten had not power then to give a Procuration in prejudice of the Deed of Conveyance which he made of all his right in these Ships to Paul Pindar in December 1642 But we oppose this new forgery by the expresse Letters and Declarations of the Late King your Father of Immortall memory who writing to
His then Resident in this Court the said Envoy Extraordinary cannot but greatly wonder that their Lordships should so much as mention them what were those Letters but Letters of Recommendation and in general terms And was His Majesty at that time in a condition strictly to examine or look into matters had He His Councel or His Admiralties about Him He knew that William Courten had set out those Ships before the Civil War in His Kingdoms and had been informed that the said Ships had been taken by the Dutch East-India Company and what did He demand in His said Letters but onely that by the States General their help the said East-India Company might be brought to reason as are the words in His Letter to them and as are the words in His Letter to Sir William Boswel to press that satisfaction for 68884 pounds sterling might speedily be made by the Netherlands East-India Company but whether that satisfaction to be made to the said Courten was to be made to Sir Paul Pindar and Sir Edward Littleton and those that claim under them or to be made to Pergens neither of those Letters do speak and if they had yet would not that in the least alter or determine the case in hand Let me ask your Lordships whether ye take any of the King my Master His Letters to be proofs and evidences pro or contra though written upon the best and through'st examination He scarce recommending any matter till first considered and examined and reported to Him by some of His Admiralties or Privy Councel but only make them a ground to look into and examine matters and judge not according thereunto but as you find matters upon the proof and evidence And how comes it to pass that these Letters of His late Majesty are produced in this kind if Pindar and Littleton's Transports from Courten be good nothing of this nature can make them invalid nor if they were invalid make them good And for what their Lordships do hint that Sir Paul Pindar did in the Years 1650. and 1651. prosecute the Bewinthebbers of the East-India Company before the Magistrates at Amsterdam by one Jonas Abeels his Procureur but did then let the said Suit fall nor hath to their knowledge since revived it and so would thereby insinuate as if the said Pindar had been convinced of his error and thereupon let it fall The Envoy Extraordinary doth reply that the fall of the said Suit was not upon any such ground but was occasioned by the death of the said Pindar by which the said Abeels Procuration also ceased and the War between England and this Countrey broke out a little after at the ending whereof the persons interessed in the said ships did enter and persue their claim before the Commissioners that then met at London and would have done the like in Switzerland if the Instrument which was to have been sent thither had ever been sent and Commissioners met upon them the sending of which Instrument and convoking of which Commissioners was not their work nor in their power to do And as for having their affairs afterwards recommended to their Lordships in any perticular way their persons were too black in the eys of those that then ruled for them to hope for any thing of that nature and so remained hopeless and helpless till the Return of His most Sacred Majesty our rightful and lawful King and Soveraign who finding these His distressed and most loyal Subjects without satisfaction and not excluded from it by any Treaties or Transactions made in those Times upon full deliberation and advice of His Privy Councel was pleased by His Letters dated at Whitehall the 21. of March last earnestly and perticularly to recommend this matter to your Lordships as appears by the Writings marked with the letter A under the Numbers of I II III IV V. and the letter D under the Numbers I II III. And the Envoy Extraordinary hath moreover by this last Post but one received another Order from the said Councel further instantly to demand and insist that satisfaction be forthwith made to the said persons and to report with all speed what He shall do therein to them And he doth accordingly earnestly demand that such orders be given as that the said East-India Company do forthwith without further delay pay unto them what is their due for their said ships and goods which have been so long and so violently held from them to the ruine of many families but to the inestimable gain of the said Company who have not only all this while enjoyed the benefit of their Moneys but thereby also utterly discouraged and overthrown the Trade of the English to China and those Parts and ingrossed the same wholly to themselves Given at the Hague July 13. 1662. N. S. GEORGE DOVVNING Memorandum THat Sir George Downing sent his Secretary several times to the Deputies of the States General that were appointed to Treat in English affairs for a Copy of these Reasons bywhich the East-India Company as was mentioned in the States Answer could justifie the taking of the Ship Bona Esperanza nay that they were constrained to seise and confiscate the same that there might not remain the least apprehension that the fact was justifiable the said Reasons were often demanded and although a short Memoriall to that purpose was given in to the States before the Reply yet could not be obtained It 's to be notified by the Pieces or Copies of Writings received by Sir George Downing with the States Answer in Dutch and numbred with several Figures are under these significations the Paper marked Nomb. I. is the Claim exhibited by Mr. William Tombes Executor to Sir Paul Pindar for 72346 l. before the Dutch and English Commissioners in the year 1654. The Papers marked with Nomb. II. are the Agreements between the Company and Pergens the Acquittance for 85000 Gilders the Order to the Treasurer and the Caution given for the said money by Peter Bondan Courten The Papers marked with No. III. are Copies of the Procuration and the two pretended Transports or Bills of Sale from Mr. Courten to Mr. Pergens The Papers marked with No. IV. are Copies of the late Kings Letters from Hampton Court in the year 1647. the one to the States Generall and the other to Sir William Boswell The Paper No. V. is the Conclusion of Jonas Abeels upon his Action or Complaint before the Magistrates of Amsterdam for the said 85000 Gilders But as to the Insinuations and Arrests of Jonas Abeels or the Declaration of the Schepens thereupon the Company had not instructed the said Deputies of the States to make any Answer to them nor unto the Reasons aforesaid Authentique Copies of the Acts Deeds and Writings delivered by Sir George Downing with the Reply to the States Answer with the several Letters and Numbers under these significations following THe Deeds from William Courten to Sir Edward Littleton and from both to Sir Paul Pindar marked with the
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
Majesty of Great Britain c. having yesterday received the Resolution of their Lordships the Estates General of the United Provinces of the 26. instant in rejoinder to his Reply of the 13. of July last concerning the ships Bona Esperanza and Bona Adventure and having considered and examined the same finds it only to contain thus much That their Lordships did not doubt but that he the said Envoy Extraordinary and the King His Master would have acquiesced in their Answer of the 22. of June last and that they do not find any thing in the said Reply nor in the pieces thereunto joined that can in any kind weaken the force of their said Answer and this is the whole of their said Resolution But as to the producing of any new matter on the behalf of the East-India Company of this Country whereby to better their cause or to shew or make out that the matters set down in the aforesaid Reply and made good by the pieces thereunto joined were in any kind ill founded or mistaken The said Envoy Extraordinary doth not therein find one word or syllable of that nature Were this a dispute between their own Subjects it might suffice for them despotically to affirm that they do not find that the reasons given by the person injured in reply to what is said by the person doing the injury to be of value and to command him to acquiesce in the Declaration of that their pleasure or opinion but this dispute is not between them and their Subjects but between them and their Neighbours between the King His Master and their Lordships and His Subjects and theirs and it is their Subjects that have done the wrong and who did forcibly assail and attack His Subjects and by violence take from them their ships and goods and are yet in possession of them and this is confessed And so it is not enough that their Lordships are well contented and satisfied but it will be expected that they do either clearly and perticularly refute and take away what is said in the said Reply on the behalf of His Majesties Subjects who are thus grieved and injured or cause satisfaction and reparation to be forthwith made or else His Majesties intercession in an amicable way is at an issue and he must betake himself to such other means as are capable to right His Subjects And for what their Lordships are pleased to say that they should have enlarged themselves further but that this matter ought to be looked upon as extinguished by the Treaties of 1654 and 1659. The said Envoy Extraordinary doth answer that this is a begging the question it being not only utterly denied in the aforesaid Reply that this matter is in any kind debarred or mortified by either of the said Treaties but it is in the said Reply perticularly and at large shewn how far they are both of them from any thing of that nature And on the other hand their Lordships neither in the abovesaid Answer of the 22. of June nor in this their Resolution though they would thus pay His Majesties Subjects with Ink and Paper do not in either of them so much as hint at any Article Clause or Paragraph of the said Treaties by which this matter should ve so mortified and extinguished And for the Paper of the 15 of May last signed by one of His Majesties Secretaries of State and delivered to their Embassadors at London upon which they would found that His Majesty had consented to the mortification of this businesse The said Envoy Extraordinary cannot but greatly wonder at an allegation of this nature What was then the dispute was it about mortifying or not mortifying of matters before or after such time or times that was not the dispute but only from what time matters should be decided by Commissioners and as to this His Majesty was pleased in that Paper to declare himself that he did acquiesce in what was urged by their Embassadors and that he would not press any further Retrospect then 1654. as to matters out of the East-Indies and 1659. for matters in the East-Indies as to the taking cognisance of them by Commissioners and as to what his Majesty should have said in the Audience he gave their Embassadors at Hampton Court the 4 of July last The said Envoy Extraordinary doth reply that their Lordships have in writing and so hath he the said Envoy Extraordinary what His Majesty did then say and he doth positively deny that there is therein any word or syllable concerning the business of these two ships or that doth in any kind concern the point in hand and for the verifying hereof he refers to the Paper it self nor did at that time or any other time any thing passe His Majesty or His Commissioners in any conference with their Embassadors other then that for matters before 1659 in the East-Indies his Majesty would not insist to have them decided by Commissioners but that he did ever yeild that they should be cut off from all other remedies this is utterly denied and if he had to what purpose had been the continued Orders of his Majesty and his Privy Councel for the pressing satisfaction in this business it being to no manner of purpose to have pressed for satisfaction while the Treaty was in hand for a business which was to be cut off by the said Treaty in case it came to a close it being beyond doubt that if their Lordships had had assurance that the said matter was to be cut off by the said Treaty there was nothing of satisfaction to be expected untill they saw the issue thereof The said Envoy Extraordinary cannot but further take notice that their Lordships in their foresaid Resolution speak not a word of their agreement with Pergens nor is it strange seeing the transport by which he claims bears date some years after Courten had made over all his interest in the said ships to Sir E. Littleton and Sir P. Pindar for the sum of 68000 l. sterling money lent to him and moreover that the said Courten was insolvent at the time of his making the said Transport to the said Pergens and consequently uncapable by the Laws of Merchants both in England here and elsewhere to dispose of one farthing Moreover the said Envoy Extraordinary cannot but let their Lordships know upon this occasion that since the giving in of his Reply there are certain authentique writings and Papers come to hand at London by which it appears that Sir Paul Pindar upon the 25 of May 1648. hearing that the Directors of the East India-Company of this Country were in Treaty with Pergens did by his Procurer Jonas Abeels insinuate to the Directors of the said Company at Amsterdam his arrest and attachments and declared himself to be the true Proprietor of the said ships and of all dammages and losses thereby protesting against the said Company in case they should make payment to any other Moreover that upon the 10 of Novemb.
1648. the Senators or Eschevens of Amsterdam did declare the Arrest of the said Jonas Abeels to be good and valid and adjudged the same to be so and the agreement made with Pergens was not till the 18 of Septem 1649. so that this transport to Pindar is not a thing that hath been kept conceal'd till now but the said Directors had timely and legal notice and advertisement thereof but did notwithstanding thereof agree with Pergens he proffering to acquit them for so small a summe as that 85000 Gilders and that if they should have been able to have made good this agreement they had for a matter of nothing ended a business of this value and if they could not yet were sure not to be losers the said Pergens giving them good security in that case to repay the said money with Interest after the rate of 4 per cent for such time as he should have it in his hands and which security is yet good Moreover upon the 26 of Novemb. 1649. which is about seven weeks after the aforesaid Agreement the Senators or Eschevens of Amsterdam did again declare the attachment and arrest of Jonas Abeels to be valid and the Law to be on Sir Paul Pindar's side with all costs and dammages And although such a rejoinder as this of their Lordships in a case of this nature could not but seem very strange at any time yet much more at this when it is known to all men that the conclusion or breaking off the Treaty with His Majesty and consequently the good correspondence of his Kingdoms and these Provinces depends singly upon the issue of this business and if his Majesty were no ways satisfied with their Answer of the 22 of June what can be expected to be the issue of this Resolution And if it shall be said what will his Majesty stop a whole Treaty of that nature upon a perticular business The Answer is ready that it is not his Majesty but their Lordships that do stop the Treaty upon this business his Majesty did not desire nor intend that so much as mention should be made thereof in this Treaty but to have left it to its course in the way it is but their Lordships did of late offer certain preambles and general clauses to be inserted into the Treaty for the utter mortifying and extinguishing of it or at least as they have since been pleased to qualifie it for the removing it out of the amicable way in which it is now and hath been these many months depending between their Lordships and him the said Envoy Extraordinary and in which it is so far advanced that all in a manner hath been said that can be said on either side and thereby to put the persons who have already suffered so many years and by which some of them have been utterly ruined to a new vast and endless dispute and charge elsewhere the which their present low condition and His Majesties honour can in no ways admit especially when he considers that in the year 1659. the business of the Postillion Frederick Francis and John three Ships of London taken about Bantam in the East-Indies by some Ships of the East-India Company of this Countreywas examined debated and determined not by the ordinary Judge but in a politick way by their Lordships in like manner as is now actually depending the business of these two ships And the said Envoy Extraordinary cannot but put their Lordships in mind upon this occasion that their Lordships in their Resolution of the 10. of May last given to him by their Agent de Heyde will find that then there was no preamble before the Article concerning Commissioners whereby to mortifie matters before 1654. and 1659. respectively yea that toward the close of the said Resolution they would perswade to have accepted the term of 1659. for Commissioners as well out of the East Indies as in the East-Indies upon this Argument that though the Commissioners should only have taken cognisance from 1659. yet that such whose grievances were before that time should not be deprived but have their liberty of other remedies And if their Lordships please to look over the Memorial of him the said Envoy Extraordinary of the 28 of June last and which was the occasion of the Audience of the 4 of July following given by his Majesty to their Embassadors they will find the words of the said Memoriall to be expressly these That His Majesty was content that nothing should be put upon the List of Damages to be decided by Commissioners as to matters happened in the East-Indies which were known at London the 20. of Jan. 1659. but would leave them to other remedies These are the express words in the said Memorial whereby their Lordships may perceive how far it was from ever being imagined much less intended that by yeilding Commissioners from 1659 all matters before that time should be cut off from all other remedies and absolutely mortified And if it shall be objected that if satisfaction should be made for these two ships that it might be an Incouragement and give occasion to others to bring in their antiquated complaints also It is answered that though his Majesty might with justice have insisted hereupon and the rather considering how many of his best Subjects were sufferers by this Country during the late Broils in his Kingdoms yet it hath pleased his Majesty to shew His strong passion to have this Treaty happily concluded to admit of their late preamble whereby all differences of this kind before 1654. out of the East-Indies and all differences in the East-Indies before 1659. are mortified excepting only the business of the two ships for the obtaining satisfaction for which he is obliged both in honour and word so that if the Treaty come to a conclusion this objection is out of Dores but if not others whos 's number is not small as well as the persons interessed in these two ships will put in for justice And whereas it is commonly scattered to and again as if although the business of these two ships were excepted or ended that yet new difficulties and matters would be proposed on the part of His Majesty and so the Treaty still kept oft The said Envoy Extraordinary doth demand of their Lordships what one difficulty hath been propounded on His side for these six or eight months other than that one which deserves not be mentioned viz. the having of some other to be Umpire and not the Switzes and this being so he cannot attribute reports of this nature to any thing but very bad information or no great desire at least of having the Treaty brought to a good issue and he doth assure their Lordships that as the dispute about these two ships its being brought into the Treaty arose not from His Majesty but from this State so that no new matter will be propounded by Him or His Commissioners but that the business of these two ships being reserved to be continued
haer Ho Mo rapport van alles te koomen doen. Hiermede Mijn Heeren c. Chelcei den 15 Sep. 1652. gheteyckent van Hoorn M van Gogh The Translation of the Dutch Embassadors Letter to the STATES Chelsey 5 15 Sept. 1662. SInce our last of the 8. Instant we have received their Ho Mo Resolution of the 5. Instant and upon Monday last we had another Conference with His Majesties Commissioners in which we did distinctly examine all the Articles set down and finding them in every degree sutable to what was agreed but onely in this one Case touching the pretences of those Interessed in the Ships the Bona Adventure and Bona Esperanza that they must not be comprehended in the General Abolition as was projected in the 15. Article and that it ought to be inserted also in the said Article so that the Commissioners would not in the least go backward from that Resentment We thereupon found our selves necessitated to agree the said unto them or else to take our leaves without any effects Whereupon we entred with His Majesties Commissioners into deliberation and examination of their Ho Mo Resolution of the 19. of June and that sent to us of the 21. of the same Instant as likewise that of the 5. of Septemb. 1662. and we agreed that in the 15. Article after the words sibi competere putant there should be put into a Parenthesis this Clause hoc excepto quod scilicet qui se jacturam passos dicunt in duabus Navibus viz. Bona Adventura Bona Esperanza poterunt litem inceptam prosequi We hope that their Ho Mo will not take this resolution ill of us for that we have been intreated thereunto and that we saw in case we should go away without a conclusion that great troubles would happen and that we had it from a very sure hand that His Majestie had already given Orders to His Envoy residing at the Hague to make himself ready that when we should come homewards that also without any delay he should hasten himself over and again the Treaty not being concluded those pretences would not be disanulled and that by that means those interessed would have the freedome to proceed therein as they would think fit We cannot judge whether that contained in their Ho Mo Resolution of the 21 of July is thereby satisfied implicitely the words being no prejudice but very much agreeing to their Ho Mo. meaning sent Us in Writing since that Instant And although the said matter is persued by their Ho Mo Yet they have the same means to do or leave what they shall judge fit or unfit to be done So that in this particular the Condition of the United Provinces is not in the least prejudiced we hope also not to have transgressed against the intention of their Ho Mo in agreeing that the said Clause might also be included in the Treaty and not to be set down in a Seperate Article for that we did nor judge that difference to be of so great importance that any further dispute or delay ought to be occasioned thereby in the concluding of the Treaty and that although such a Seperate Article should be set down as it useth only to be done for Secretnesse sake yet that this could not miss taking notice of and that the Interessed should not refrain persuing their pretences so that we judge we have fulfilled the said Resolution implicite as also in setting down after the word Submissio the word Progressio for that it shews it self that a businesse submitted must be there persued And that nothing remain disputable after that each others powers were read we did examine the Articles consented unto according to what mentioned before and were written in a fair hand and conferred thereupon and so agreed and made the said of force by Signing and Sealing so that we have put our last hands to this long and tedious Negotiation the Commissioners could not approve of having both Instruments signed but only that that delivered by them to us should be only confirmed vice versa suffering also that their Ho Mo Power given to Us in that of Our Signed Instrument be inserted before that of His Majesty alledging that the Treaties made by this King with the Sweeds Denmark and Portugall were all signed in the same manner We hope that not any prejudice can be occasioned thereby to their Ho Mo since not to occasion hinderance the signing was done in this manner according to what further was proposed by their Excellencies so that no new matters might have happened We have thought fit to send the Original of the Treaty by one of our Gentlemen and for our parts we shall so soon as possibly with Gods blessing hasten our selves homewards which we hope will be the next Week and then to give their Ho Mo report of all van Hoorn M van Gogh A MEMORIAL of Sir George Downing Knight Envoy Extraordinary of His most Sacred Majtie of Great Britain c. Delivered unto the States General Octob. 3. 1662. N. S. THe underwritten Envoy Extraordinary of His most Sacred Majesty of Great Britain c. makes known to their Lordships the Estates General of the United Provinces that it hath pleased the King his Master to give him leave to return for England for a short time but withal hath commanded him by the hands of His great Chancellor before his going hence to demand in His Name that satisfaction be forthwith made to the persons concerned in the Ships Bona Esperanza and Boná Adventure and not to stir hence without such satisfaction first made or the final Answer had of their Lordships concerning this matter according to which His Majesty will govern Himself and His Maiesty doth assure Himself that their Lordships having had so fresh and pregnant testimony of His most particular kindness toward this State in the happy conclusion of the late Treaty and this being the onely business reserved to be ended immediately between His Majesty and their Lordships in the manner it is now depending that they will not suffer any new eagroure to be raised by any hot debates or lingring out of time the former whereof His Majesty hopes they will avoyd and the latter He is resolved no ways to admit but that they will be pleased in the quick and equitable ending thereof to manifest the esteem they have of His Majesty and his kindness and their desires of having the Nations grow up into a mutual and happy confidence upon the foot of the aforesaid Treaty Given at the Hague this 3. of Octob. 1662. N. S. George Downing Sir George Downing 's aforesaid Memorial rendred in French LE sonbsigné Envoyé Extraordinaire de sa Majesté tres sacrée de la Grand ' Bretagne c. fait sçavoir à leurs Seigneuries les Estats Generaux des Provinces Unies qu'il a pleu au Roy son Maistre de luy donner congé de faire un petit tour en Angleterre pour un peu
years 1654. and 1659. and again others also which had unjust pretences in the said years would by no means be debarred by the like Treaty for entring their Actions before the Judges but have free Liberty of Prosecution and demanding reparation and for what happened in the late conference touching that in the Fourth Article concerning the words ubi personae contravenientes fuerint contra quam peccatum est there shall be written to the Embassadors that their Ho Mo cannot imagine wherefore that sustained by the English in that Subject should be different to the intention of their Ho Mo for that they cannot believe that the said sustained by them can be of that substance to what specified in the Fourth Article touching the Confiscations and that they must be for the benefit of their State And in case any such like Goods were confiscable by the said Article and that they are not taken by the Officers of their State at Sea or otherwise and brought by them to their State that then the Tryal and Sentence must be at the place of their habitations On the other side their Ho Mo do not pretend the gains of Confiscation that in case that any of their Subjects might be taken having in them Arms Moneys or Victuals c. which they are intending to convey to the Rebells of His Majesty the King of England and that such being taken in the fact and brought into England that it is fit they receive sentence there by which their Ho Mo judge to have satisfied that propounded by the English and therefore the said Embassadors shall keep themselves within those bounds without inlarging themselves any further and to continue firm to the Intention of their Ho Mo Whereupon the said Resolution shall be presented to the hands of Sir George Downing Envoy Extraordinary by the Agent de Heyde and to intreat him to use his good Offices to His Majesty and His Ministers so that this Treaty may be concluded accordingly without any longer delay The States Letter to the King concerning the Ships stopt upon the accompt of the Knights of Malta June 15. 1662. SIRE LA continuation des desordres qui ont commencé sous les Usurpateurs de Vostre Couronne laquelle n'estoit presque point au pouvoir des hommes d'empescher a l'entreè de vostre reestablissement sur le Throne de Vos Ancestres nous a obligè a porter souvent nos justes plaintes jusques a Vôtre Majesté mais nous nous verrions necessitez de nous plaindre comme nous faisons presentement d'une procedure si extraordinaire que jusqu'ici l'on n'en a point de ven d'exemples non seulement en des Estats qui font profession de vivre en bonne Intelligence ensemble mais mesme en ceux qui ne se connoissent que par des Offices indifferens de civilité d'Humanitè Les Ambassadeurs de cet Estat qui se trouvent aupres de la personne dae Vostre Majestéuous donnent advis par leurs dernieres lettres que les Juges de l' Admirauté de Londres ont permis a l' Agent du Cardinal de Heste de saisir au nom du Grand Maistre de Malthe tous les Navires Marchands appartenans aux Habitans de ces Provinces qu'en suitte de cette permission il a effectivement faict saisir arrester huict Vaisseaux qui y chargeoient des Marchandises ce pour le desdommagement des pertes que ceux de l'Ordre pretendent avoir soufferts de souffrir encore faute de jouir des Commanderies situeés dans l' Estendue des Provinces Unies qui ont cy devant appartenu a l'Ordre Cette affaire SIRE a esté souvent mise en deliberation en nostre Assembleé Nous avons aussi nommé des Deputez de nostre corps pour en examiner le merite nous allions prendre sur leur rapport une resolution qui eust faict connoistre a toute l' Europe l' amour que nous avons pour la Justice quand nous avons sceu les procedures irreguliers violentes ennuyes de cet Estat de l' Admiraute de Londres nous avons esté surpris de ce que l'un travaille a perdre par sa Precipitation ce que ses Maistres croyent pouvoir pretendre mais nous avons este Extremement estonnez de voir l' Admiraute de Londres qui doit estre composée de personnes graves prudentes esclaires agist de la sorte en violant le droict des gens en attentant a la Souveraineté de leur Roy a sa veüe en sa presence en une rencontre que Votre Majesté mesme ne l'auroit pas voulu ny peu exercer sans chocquer le droict des gens L'Empereur les Roys de France de Espagne qui comme Princes recognoissans l' Eglise Romane peuvent avoir des considerations particulieres pour des biens de cette Nature nous ont recommandé cet affaire avec chaleur empressement mais pas un d'eux ne s'est advisé de Menacer cet Estat des repressailles bien loin de souffrir qu'une Justice subalterne ayt permis de faire saisir effectivement ces Vaisseaux biens Marchandises de ceux qui ne doivent rien a l'ordre sur lesquels le saisissant n'a aucun droict ni pretension ils scavent que ces provisions ne different des repressailes que de nom qu'il ny a qui les Souverains qui les donnent a leurs sujets a l'exclusion des estrangers en ce cas d'vn Manifeste deny de Justice seulement la ou au contraire l' Admirante usurpe un droict qui est reserve a Votre Majesté seule en faveur de ceux qui n'on presque aucun commerce avec vos Sujets qui ne scauroient dire que nous ayons fait le moindre refus de leur rendre Justice aussi sommes nous entierement persuadez que d'autant que quelques uns de vos principaux Ministres ont proteste qu'ils n'ont aucune connoissance de la demande de l' Agent du Cardinal de Hesse de la provision accordeé par l' Admiraute de Londres Votre Majeste ne desadvoüera pas seulement leur procedé mais se ressentira aussi de l' attentat commis contre son autorité de l' Injustice faicte a ceux qui ont faict tout ce qu'ils ont pu pour meriter l' Honneur de Votre affection qui en ont eu des asseurances tres expresses de Votre bouche Royale de sorte que nous nous dispenserions volontiers de vous donner cette Importunité dans la croyance que nous avons que vous la previendrez par la main leveé des Vaisseaux saisis mais nous trouvons ceste
enterprise de costé d'autre si Importante d'une consequence si fascheuse que nous avons bien voulu ordonner tres expressement a nous Ambassadeurs de la presenter a Votre Majesté en des termes si efficaces qu'ils puissent obtenir la reparation du tort de la violence qui nous a esté faicte empescher que nous sujets qui font leur commerce dans Vos trois Royaumes en vertu de bonne Intelligence qui a tousjours esté entre Votre Majesté cette Republique ne soient plus inquietez de cette maniere a l'avenir d'autant moins dont nous nous plaignons n'ont merité ny Votre Amitié ny vostre protection Et ainsi nous remettans a ce que nous Ambassadeurs vous diront tant sur se suject que sur les autres affaires qu'ils on t a Negotier avec Votre Majesté nous prierons Dieu SIRE c. The Translation of the aforesaid Letter out of the French Original June 15. 1662. SIR THE Continuance of those Disorders that commenced under the Usurpers of Your Crown which it was not in the power of men to hinder at the Entrance of Your Establishment on the Throne of Your Ancestors hath often obliged us to make our Complaints to Your Majesty but we now see our selves necessitated to complain as we do at present of a proceeding so extraordinary that to this time there have been thereof no Examples not only in those Estates which make profession of living together in good Correspondence but even in those who understand one another but by the indifferent offices of Civility and Humanity The Embassadors of this State who are with Your Majesties Person give us advise by their last Letters that the Judges of the Admiralty of London have permitted to the Agent of the Cardinal of Hassia to seize in the Name of the Grand Master of Maltha all those Merchant Ships as do belong to the Inhabitants of these Provinces and that in persuance of this permission he hath effectively caused to be seized and arrested eight Vessells which were there laden with Merchandizes and this for satisfaction of those Losses which those of the Order pretend to have suffered and yet to suffer by reason of not enjoying those Commanderies situate within the Extent of these United Provinces and which have heretofore appertained to the Order This Affair SIR hath been often deliberated in our Assembly we have also nominated Deputies of our Body to examine the Merits and upon their report we were about to take a Resolution which should make all Europe to understand the Love which we have of Justice but when we understood those irregular violent and injurious proceedings of that State and of the Admiralty of London we were surprized in this that any one should labour to lose by precipitancy that which his Masters believe they can pretend to and we were extremely astonished to see the Admiralty of London which ought to be composed of grave prudent and eminent persons managed as it were to the Violation of the Rights of Nations and to attempts upon the Soveraignty of their King in His Sight and in His Presence and in an Occurrence which your Majesty neither would nor could act in without entrenching on the right of Nations The Emperour and the Kings of France and Spain who as Princes acknowledging the Roman Church might have particular Considerations for the Goods of this nature have recommended to us this Affair with pressing ardency but not one of them hath been advised to threaten this Estate with Reprizalls so far from suffering that a subordinate Jurisdiction should permit an effectual Seizure of the Vessels Goods and merchandizes of those who owe nothing to the Order and against which the person seizing hath neither right nor pretension they know that these Provisions differ from Reprizals but in name and that none but Soveraigns can grant them to their Subjects to the exclusion of Strangers and that onely in case of a manifest denial of Justice on the contrary the Admiralty Usurps a Right which is reserved solely to your Majesty in favour of those who have scarce any Commerce at all with your Subjects and who know not how to say that we have made the least refusal to doe them Justice So that we are wholly perswaded inasmuch as some of your principal Ministers have protested that they had no knowledge of the demand of the Agent of the Cardinal of Hassia and of that provision agreed by the Admiralty of London that Your Majesty will not onely disavow their proceedings but will resent also this attempt committed against Your Authority and the Injustice done to those who have done all they can to merit the Honour of Your Affection and who have most expresse assurances thereof from Your Majesties own Royal mouth so that we could willingly dispence with giving You the trouble of this Importunity from the beleif we have of Your Majesties preventing thereof by taking the Seizure off these Vessels but we find this entreprise both of the one and the other side so important and of so troublesome a consequence that we have been willing most expresly to order our Ambassadors to present and lay it before Your Majesty in such efficacious words as may obtain reparation of the injury and violence which hath been done us and to hinder any further molestation in this manner hereafter to be done to our Subjects who upon account of the good understanding which is between Your Majesty and this Republique do Traffique within your three Kingdoms and this the rather because those of whom we do complain have not deserved Your Friendship nor Protection And so we remit You to what Our Ambassadors shall say to You aswell upon this Subject as upon other affairs which they have to negotiate with Your Majesty We shall pray to God SIR c. The States Letter to the King concerning the Ship CHARLES June 27. 1662. SIRE NOus avons differé de respondre a la lettre que Vostre Majesté nous a faict l'honneur de nous escrire le 12. Septembre de l'année passée parce que nous ne le pouvions pas faire pertinemment que nous ne nous fussions pleinement Informes de l'Estat de l'affaire qui luy sert de sujet Le Capitaine Enno Doedesson Star dont elle se plaint servoit en ce temps la comme il fait encore presentement dans la flotte commandée par le Vice Admiral de Ruyter en la mer Mediterranée il estoit necessaire d'estre esclaircy par luy mesme de toutes les particularitez de ce qui pourroit estre passé entre luy le Capitaine Eduart Spragh pour en pouvoir bien juger pour faire voir plus clairement a Vostre Majesté la sincerité de nos Intentions nous ne scavons si le Capitaine Spragh a eu
Doedessen Star had taken her in persuance of a certain Resolution of this State requiring all Captaines of their Ships of war to seize all private men of war of Biscay as troublers of the freedome of commerce and traffique by Sea And this being all that is alledged by their Lordships the said Envoy Extraordinary doth very much wonder that they should in their said answer charge the said Spragg of impudence in applying to the King his Master and from him to their Lordships for Iustice and much more that they should take upon them the patronage of this action of Doedesson Star's and make it their own this being no more in effect than what was alledged in the Letter from the Admiralty of Amsterdam to them of the 1. of November last and communicated about that time to him and consequently he doth not see how or upon what account their Lordships or he the said Envoy Extraordinary should be better satisfied with this Answer than with the said Letter Captain Spragg was no more a Pirate than Doedesson Star he had a Lawful Commission from the King his Master whose native Subject he was to seize and take all Ships and Merchandises belonging to any of His Subjects then in Rebellion against Him and in persuance thereof meeting with the aforesaid Ship and finding her to be come from the Canaries 19. parts of 20. of the Wine of the growth of which place are constantly bought by the Subjects of His Majesty and carried into His Kingdoms and there spent and His said Subjects being at that time in War with the King of Spain and upon that account in that very year making use in a manner wholly of the Ships of this Country for the transport of the said Wines to England and having other probable grounds that a great part at least of the Wines in that Ship did actually belong to the English he thereupon seized her and carried her into St. Sebastian's and what was there herein done contrary to right and not justifiable Had this Country ever any Treaty Marine with any of his Majesties Predecessors or had they any such Treaty with the Usurpers at that time in England whereby to make free Ship free goods and if not wherein was the default or crime upon strong presumptions and grounds for him who had a Commission to take Ships and goods belonging to England to stop that Ship and carry her into that place Had he kept her at Sea or carryed her into any other Country and there sold and disposed of her this had been a default but the King his Master was at that time within the Dominions of the King of Spain and all such private Men of War as had his Commission had liberty to equippe to sail out of and return into all His Ports with their prizes and accordingly the said Spragg sailed out of St. Sebastian and returned in thither with her there by lawful and due process and course in Law indevoured to make her prize and is this Piratry or shall upon this account the said Spragg be taxed with impudence for demanding of his Ship and goods Were there not in those dayes many Ships of this Country that were stopped upon the like ground of having in them goods belonging to the enemies of the English and yet those that did it not accounted or called Pirates and have not both formerly and of late several English Ships been stopped by the Ships of this Country upon suspition of having in them goods belonging to the enemies of this Country and what upon tryall have been found so to belong to their enemies actually confiscated and the rest with the Ship restored and how is this then a troubling of the freedom of trade and commerce by Sea when the same thing and no other is done to their people And in this very answer their Lordships do not affirme that the whole lading did belong to the People of this Country but as are the words the whole or at least the greater part so that notwithstanding what as yet appears to their Lordships themselves although it is to be supposed that the Merchants interessed in the said Ship put the best side outmost Captain Spragg had just grounds for the seizing of the said Ship and the subordinate Officers of Iustice upon the place were so well satisfied therewith that without a superiour command by favour from the King of Spain he had obtained a sentence of confiscation of the said Wines And had Doedesâ—n Star comported himself in like manner your Lordships had not been troubled with this complaint but when he had taken the Charles he forthwith plundr'd her to the very boards yea took out of her all that was good of her very sailes and rigging used the men barbarously and cruelly and when all was done she was turn'd going at sea by Wilshut one of Doedesson Star's Captains in stead of bringing her into this Country to a lawfull tryall and adiudication the which he was obliged to have done both by his commission and his orders from the Admiralty of Asterdam as appears by their forementioned Letter to their Lordships of the 1. of Novemb. last and Captain Spragg is so far from understanding the not doing thereof to have been any thing of favour or good hay to him as their Lordships would insinuate in their answer as that on the contrary he complains thereof in the highest manner And for what is suggested as if Wilshut his quitting of the said Ship Charles was out of necessity upon the account of her leakiness this is a most frivolous and groundless pretext for Wilshut was then upon the Coast of France as is acknowledged in the said answer and so if he had done nothing but what becomed an honest man he might have carried her into some Port of France to have stopped her leaks and then have brought her to this Country but the plain truth was this Wilshut's own conscience after some time of consideration accused him that they had done what they could not justifie neither in France nor in this Country and upon that account did not abandon her as would be insinuated but forced his Majesties Subjects into her and with menaces bid them begone with their Ship as it was or else that he would still keep them in irons the whole summer and that this was the truth and bottome of the businesse appears not only by the Examinations taken in the high Court of Admiralty in England but also by the aforesaid Letter of the Admiralty of Amsterdam the words whereof are these Pourtant s'il s'estoit retourné vers St. Martin susdit illecq extendant qu' à cause de la prise de la dite Fregatte en cette Rade existe roit beaucoup des inconvenients considerant l'incommodité d'icelle aussy jugeant l'incertitude comment la ditte prise par nous pourroit estre considerée il se conseillist les gens y trouvez remettre en leur possession
But suppose Captain Spragg had done amiss yet he was a Subject to the King of Great Britain France and Ireland and the taking his Ship was in the Channell and in the moneth of July 1660. which was about two moneths after the return of His most Sacred Majesty to his Kingdoms and when he was in the full and peaceable possession of them and was this a justifiable way to begin by execution What injuries and violences have been done to His Majesties Subjects in the East-Indies by the Dutch East-India Company Now many Piratries have of late been committed by private men of War and others of this Country upon them and hath His Majesty begun by execution hath He granted an order to seize the Fleet of this Country coming from the East-Indies or hath he declared all such Capers as fail from hence troublers of the freedome of trade and commerce by Sea and given order to all his men of war every where to take them as your Lordships say they had done to those that failed out of Biscay which yet he hath the same reason to do they pirating continually upon His Subjects and perchance there wants not complaints of the same nature from other Christian Kings and Princes also against them or would ye take it kindly if Spragg being at this time in His Majesties service in the Streights should endevour to revenge himself upon Doedesson Star who is also at this time imployed in that Sea And yet if this course be justifiable in their Lordships it is without doubt as justifiable in the King his Master and if he should take this course they would easily apprehend what would be the consequences thereof nor it may be would there have needed so long and tedious a solicitation in this case But His Majesty is pleased in the first place according to the Laws of friendship and good neighbourhood to apply to their Lordships and if justice and satisfaction can be had in a friendly way it is that he most passionately desires but if not the said Envoy Extraordinary must again repeat that he will then be justified before the whole World in betaking himself to such further remedies as may be capable to procure releif to the said Spragg his most loyall and faithfull Subject whom he cannot nor will not suffer to go without reall satisfaction nor doth he love to have his Subjects acccused of impudence when they only humbly addresse themselves to him for help and their complaints are by him in a friendly way transmitted hither And the said Envoy Extraordinary doth once more demand that satisfaction and reparation be forthwith made for the said Ship Charles and so that after the many proofes of His Majesties zeal for the relief of the people of this Country against Piratries of this nature he may at last have one instance of theirs towards his nor can it now be doubted seeing what was done in this matter was not only done by their Lordships own men of war but as they are now pleased to avow in their answer in persuance of their order It was too much that Ships of war sailing with His Majesties commission were from time to time taken by the Ships of war of this Country during the late disorders but that any such thing should be attempted or done and that in His Seas since His return into His Kingdomes His Majesty can in no ways disgest or passe by without ample and full satisfaction Given at the Hague this 13 of July 1662. G. DOVVNING Advertisement IN regard I was intreated by some of the Persons Interessed 1 in the Ships Charles Experience and St. John Baptist to press the States General and their Deputies for satisfaction and reparation for the dammages suffered in those 1 cases I thought it convenient in vindication of the English concerned therein to make mention of the proceedings aforesaid and the rather because of the aspersion most wrongfully cast upon them and my self in the Low Countryes which were taken for granted by the Common People being published in Print both in French and Dutch by the States or their order before any Replies were given to the same And the Ten select Articles of Cromwell's Treaty with the other things following are to be considered in some Arguments raised upon Debates hereafter expressed which I took notice of in several Conferences between me and divers persons at Amsterdam G. C. Ten Select ARTICLES of the Treaty between O. Cromwell and the States Generall of the United Provinces 1654. III. ITem That all Offences Injuries Charges and Damages which either party hath sustained by the other since the 18 28 of May in the year one thousand six hundred fifty two shall be taken away and forgotten in such manner as that hereafter neither party shall pretend any matter against the other for or upon occasion of any the aforesaid Offences Injuries Charges and Damages But that there shall be a perfect abolition of all and every of them untill this present day And all actions for the same shall be held and reputed void and null VII That neither of the Common-wealths or the People abiding inhabiting or dwelling within either of them respectively or within their power shall yeild give or afford any aid counsell or favour to the Enemies or Rebells of either but shall expresly really and with effect hinder any inhabiting dwelling or abiding within either of them or within their power from giving any aid or assistance unto such Enemies or Rebells by Men Shipping Arms Ammunition Money Uictuals or otherwise by Sea or Land and all such Ships Arms Ammunition Money Goods or Uictuals of or belonging to any person or persons whatsoever that shall be provided employed or made use of contrary to the intent of this Article shall be confiscate and forfeited to the respective Common-wealths And the person or persons who shall wittingly and willingly do attempt counsel or be employed therein shall be declared Enemies to both Common-wealths and shall suffer the pains and penalties of Treason within the Common-wealth where the Offence shall be committed And to the end there may be a specification made of what Goods shall be deemed prohibit or contraband Commissioners may in convenient time be appointed to determine herein Provided in the mean time that this extend not to the impeachment of any thing contained in the present Article IX That neither of the Common-wealths or the People of either shall receive into any of their Iurisdictions Countries Lands Ports Creeks or Precincts any person or persons that are or shall be declared by either of the Common-wealths to be Enemies Rebells or Fugitives of the other Nor shall give yeild or afford to any such declared Enemy Rebell or Fugitive within the places aforesaid or other-where though out of their Territories Countries Lands Ports Creeks or Precincts any aid counsel Lodging Entertainment Souldiers Ships Money Arms Ammunition or Uictuals Nor shall either of the States permit such Enemies Rebells or Fugitives
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