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A36499 A reply of Sir George Downing Knight and Baronet, envoy extraordinary from His Majesty of Great-Britain, &c. to the remarks of the deputies of the Estates-General upon his memorial of December 20, 1664, old stile Downing, George, Sir, 1623?-1684. 1665 (1665) Wing D2109; ESTC R8654 58,035 107

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few years before the Conclusion of the late Treaty upon the Coast of Africa only by the West-India Company of this Country they say in the Seventeenth page That they are imaginary as well as that he saith of the Evil Treatments done to the English Exaggerating them to the Terms of a Romance with which he must have his Fancy Working at the time he Penn'd that Article he doth wrong to the Truth when he speaks after that manner Very severe censures if Justly Charged Was not the Ship Brother-Hood of London taken upon the Coast of Guiny in the Moneth of February 1655. by one Cox Commander of a Frygot called the Gat and one Yapoone Commander of the Ship called the Kater both Commissionated by the West-India Company of this Country And the Ship Rapahanock belonging to one John Jefferies and the Company of English Merchants of London taken near Cape Lopez upon the Coast of Guiny about the Eleventh of September 1656. by two Ships of this Country the one called Mary of Amsterdam and the other the Unicorn of Middleburgh Commanded by one John Scharael of Munekedam The Ship Sarah belonging to one Anna Lewellin Administratrix of Robert Lewellin Merchant Humphrey Beane and Company of English Merchants whereof Arthur Perkins was Commander taken upon the Coast of Guiny in the Moneth of August 1656 by two Ships of this Country the one called the Mary of Amsterdam and the other the Unicorn of Middleburgh Commanded by the said Schrael of Munekedam The Ship Fortune belonging to one Constant Silvester and Company of English Merchants taken about the moneth of August 1656. near Cape Lopez upon the Coast of Guiny by the said Mary of Amsterdam and Unicorn of Middleburgh whereof the said Iohn Schrael was Commander The Ship Saint Iohn belonging to Vincent de la Barre and Company of English Merchants taken in the year 1658. near the Port of Calbarine by a Ship of the said West-India Company and there confiscated The Ship Lion Providence of London belonging to Sir William Thomson and Company or English Merchants taken upon the Coast of Guiny in the Moneth of August 1656. by two Ships belonging to the said West-India Company the one called the Mary of Amsterdam and the other the Unicorn of Middleburgh whereof the said Iohn Schrael was Commander The Ship Brazil Fregat of London belonging to Iohn Bushel and Company of English Merchants taken between Angola and Farnambuca in the Year 1657. by a ship of Ulissing whereof one Quaerts was Commander called L' Escluse The Ship the Leopard belonging to Nicholas Bauchart of London and Company of English Merchants taken near Cabo Blanco in the month of October 1656 and brought up to the Castle of Arangeny at Cape Blanco The Ship Merchants Delight belonging to one Iohn Young and Company of English Merchants taken near Cabo Corso in Guiny about the Moneth of August 1661. by a Ship belonging to the West-India Company of this Country called the Amsterdam The Ship Paragon belonging to Bernard Spark and Company of English Merchants taken upon the Coast of Guiny about the Fifteenth of October 1661. by two Ships belonging to the West-India Company of this Country the one called the Amsterdam of Amsterdam whereof Aaron Couzens was Master and the other the Armes of Amsterdam whereof Nicholas Yo le was Commander The Ship Daniel belonging to John Knight and Company of English Merchants taken upon the Coast of Guiny in the month of May 1661. by a ship of Amsterdam belonging to the West-India Company of this Country called the Amsterdam whereof one Aaron Couzens was Commander The Ship Black Boy belonging to one Arnold Breames and Company of English Merchants taken near Comenda upon the Coast of Guiny about the Thirteenth of April 1661. by a Ship of this Country called the Graffena which came from Castel-Delmina The Ship Ethiopian belonging to John Allen and Company of English Merchants taken upon the Coast of Guiny in the month of January 1661 by a ship belonging to the West-India Company of this Country called the Post-Horse which carried her to Castel-Delmina The Ship Charles belonging to James Burkin and Company of English Merchants taken upon the Goast of Guiny in the month of August 1661 by a ship belonging to the West-India Company of this Country called the Amsterdam of Amsterdam whereof Aaron Couzens was Commander besides several others taken by them there and else-where And how is it then that they say that those ships were but imaginary and it appears by the respective times of their being taken above cited that these were all matters of a fresh date and such as are not blotted out but reserved by the late Treaty And as to the evil treatments and Cruelties complained of by him the said Envoy to have been done to the English in those Parts they are pleased to say of them also that they are imaginary and would make the World believe that all that was but Romances of his inventing whereas the Depositions taken and sworn in the High Court of Admiralty of England the 20th of August 1662. concerning the Ship Merchants Delight say That the said Ships whole Company were put into Nasty Holes at Castel-Delmina by Jaspar Van Huysen General for the West-India Company of this Country where several of them famished to death and the rest that were set at Liberty after a cruel Imprisonment the most of them never since heard of The Company of the Ship Paragon after like cruel Imprisonment turn'd to shift for themselves amongst the Wild Beasts The Company of the Ship Brother-Hood having been stript and plundred of all turn'd on shore amongst the Wild Natives about Cape Lopez without any thing of relief or sustenance where several of them perished for want and had it not pleased God that after their having been there in a miserable condition 20 dayes a certain English Ship called the Happy Fortune whereof one James Peperel was Master came thither accidentally in which they obtained passage the rest had perished also nor had it so much as been known what had become of them The Company of the ship Black-Boy carried to Castel-Delmina the English Colours with scorn and contempt trampled under-foot the men miserably treated so as that the Master and six of the said Company died as was verily believed of poison the rest turn'd on shore to shift for themselves The Company of the Ship Brazil Frigot nine of them turn'd upon a shore that was altogether uninhabited and no victuals to relieve them very few cloaths to cover them as appears by the Depositions taken in the said High Court of Admiralty the 16th day of April 1663. and much more of this kind could he instance done within these few years upon the same Coast besides what elsewhere all transmitted to him the said Envoy Extraordinary under the Oaths of many of the persons themselves that felt them to whom and the rest of their Comrades the said evil treatments and cruelties were more then
of the West-India Company of this Country before the Treaty and saith that it is not strange that they had endeavoured to retake by force that which had been by force unjustly taken from them The Estates General had written a long Letter to the King his Master dated the 26 of January 1664. N. S. making a very long complaint to him concerning the taking of a certain Dutch ship belonging to the West-India Company of this Country called the Arms of Amsterdam Moreover they had communicated the said Complaint to him the said Envoy Extraordinary with a large deduction concerning the same making a huge noise about it which he the said Envoy Extraordinary examining narrowly and looking into the business found out that the said Ship called the Arms of Amsterdam was in truth an English ship belonging wholly to English Merchants of London and that her true Name was the Merchants Delight and that having sailed from Dover in the year 1660. upon a trading Voyage to the Coast of Guiny under the command of one C. Bonner an Englishman she had been there seized in an hostile manner by a certain ship belonging to the said Company called the Amsterdam whereof one Aaron Cousens was Commander in or about the Month of Aug. 1661. and carried by her to Jasper van Huysen then General for the said Company at Castle Delmina And although the said Bonner did declare to the said Van Huysen that himself and Company were English and that the ship with her lading belonged to one John Young and other Merchants of London and verified the same by authentick Writings and Papers yet that he kept the said ship and lading evilly treated the men altered and new named the ship calling her the Arms of Amsterdam that thereby she might be the less subject to be known wherever she should be met by the English and that he had order long before from the King his Master in Council to complain to the States General concerning the taking of that very ship from his Subjects and for which yet no satisfaction had been made Hereupon he took the liberty to inform them of the truth of the matter in his said Memorial and to tell them that the Case was not so strange and ill as they put it viz. That the English had taken a Dutch ship but only that they had by force retaken an English ship that had been by force taken from them thereby to excuse à tanto And what can now be said for the justification and defence of the sending Van Campen and De Ruyter for Guiny Was not the business of Cabo Verde and what else complained of matters hapned since the conclusion of the late Treaty and so directly within the compass of that Article And was not the resolution for the sending of Van Campen as is said in his Memorial taken within about 6 or 7 weeks after complaint made by this State to his Majesty concerning the taking of Cabo Verde and the actual sending De Ruyter within a little after and doth it not appear by the express words of Van Campen's Instructions that his being sent thither was not only upon the defensive to perserve the places and shipping of this Country in those parts but in direct and down-right terms to fall upon his Majesties Subjects and attacque them revenging themselves by force against such whom they pretended to have done them hurt Nor is it therein said that they might fall upon Holmes only who was the only person complained of but the words are general and dubious viz That those to whom the Command of the said Fleet was given in case that upon the said Coast they should find or rencounter any ships or Subjects of his Majesties that they should take care not to endammage them or to trouble or incommodate them in their Traffique provided they had not already or did not then do any dammage to this State or its good Inhabitants Whereby it is left in their construction and discretion whom they are to fall upon viz. whomever they should judge to have done or to be doing any hurt to this State or any of their Subjects And this Resolution is put into his Majesties hands by the Ambassadou●● this Country and not only so but given to several other Kings of Europe his Friends and Allies And it s withall declared that this Fleet shall pass the Channel before his Ports and that under the Convoy of a numerous Fleet of Capital ships of War under the Command of the Lieutenant Admiral of this State And was it possible for his Majesty longer to sit still and to remain without doing any thing Hitherto the dispute had been only between the Subjects and Inhabitants of both sides but now this State had hereby engaged it self whereby the Dispute was come to be immediately between the King his Master and them and though while this State intermeddled not neither did the King his Master upon the other hand interpose but with patience expected justice to be done by them to his Subjects according to the terms of the Treaty but they on the other hand upon the first complaint of any injury done in those very parts to their Subjects breaking through the Rules and Bonds of the Treaty what now remained but the opposing of force to force And whereas the Deputies would have it thought no indignity or affront to his Majesty for that Fleet to have passed for that say they The Sea is open to all the World It may not be amiss to mark that however they plead so much for the the Seas being free in these parts yet that the contrary is practised where the people of this Country have the power witness the late Declaration of the Dutch East-India Company not yet disavowed by this State wherein they claim a whole great Sea to themselves And witness the usage of the West-India Company at Cape Blaneo upon the Coast of Africa where they will not suffer any Nation to fish in the open Sea without their permission and paying them the tenth fish and the Governour there within these few years seized and confiscated an English ship called the Leopard for having fished there but here in this Case there was no question about their Liberty of passing the Sea but about their passing with such a Resolution and to such an End And could a greater affront be done to a King then when he had done what was possible for the satisfaction of this State and more then requisite that notwithstanding thereof he shall be told by them that they are resolved to fall upon his Subjects and not naming whom whereby not any of them were in surety especially considering they questioned our trading even at our own Factories in those parts as hath been afore shewn and call it a hurting them Moreover it is to be considered that at the very time when this resolution was put into his Majesties hands there were just Reasons to surmise and believe that De
of the Crown and so humbly applyed to His Majesty That he would be pleased to interpose for the obtaining satisfaction in those numerous and great Complaints but as to the attacquing of this State or making War with them that there is not a word of any such matter in the said Proposition but it hereby appears what is in the Deputies sense attacquing of this State viz. Let never so many Injuries be done by the People of this Country to others if after never so many years patience and utmost Endeavours for obtaining satisfaction in an amicable way serious and real Consideration be at last had for obtaining the same This is attacquing them and becoming an Aggressour and they are pleased to add as to the Reason and Ground thereof It must necessarily be believed that this Proposition proceeded from an insatiable appetite that they had to ravish the Goods of others and from a depraved Gusto that they found in the Taking Robbing and Depraedation of the Inhabitants of these Provinces A very uncharitable construction and such a one as none but the Deputies of this State would ever have made Suppose never so much to be taken from the People of this Country What Advantage could the Parliament of England have thereby or what could they expect by a War as to their own particular Accounts but only to be Contributors largely with the rest of the Kingdome out of their own Fortunes towards the maintenance thereof as if one would take the Liberty of Retorting might it not be said and with much more Reason that the East and West-India Companies of this Country durst not presume to do as they do but because so great a part at least of the Governours thereof are concerned in them and that it ariseth from the same ground that it is so difficult and almost an impossible thing to obtaine Justice and Satisfaction for any Injury done by them be the Case never so Clear and Evident For what is further said in page 11. The said Envoy Declares possitively that he hath Order from the King His Master to assure this State that His Majesty will not permit that His Subjects do Attaque or Surprize as Sea the Ships of the Inhabitants of these Provinces And that the King would do them no hurt till he had Advertised them by a Formal and Preallable Declaration of War To this he doth Reply that he cannot but wonder that the Deputies do Affirm that he doth Declare thus much the words of his Memorial being as followeth That the King his Master did the last Spring to take away from them all Umbrage which might cause any Extraordinary Equipping at that time give him Order to Assure them as he then did in a Publique Conference with their Deputies That His Majesty would not trouble or hinder their Fleets which they then expected out of the Streights and theEast-Indies nor those then at the Fisheries upon His Coasts And was not all that made good to them to a puncto and is it not a very ill requital for so franck and seasonable a Declaration as that was at that time and which the King His Master was no way obliged to make to them and which was made good thus to misrecite his Words For the Justification of the Extraordinary Equipage in these Parts the last Summer the Deputies say page 11 and 12. They Take they stop in the Havens of England and Confiscate with their Merchandizes the Ships of this Country by Express Order of the King and yet cry out against their Equipage though but small and such as had been heretofore made So that it was impossible that the said Equipage could give any Umbrage to the King of Great Brittain Especially after they had assured His Majesty by their Letter of the Twenty fourth of July that their Reall Intention and Constant Resolution was to do no hurt to His Subjects and that it would be fitting not to suffer that the said Fleets should go off their Respective Coasts and Havens and that the King said to the Ambassadour of this State in the Audience He had about this Matter That His Majesty would let Him know His Mind concerning this Matter in Three Dayes in Writing which yet he hath not done to this day It is to be Remarked that they here Alledge the Taking Stopping and Confiscating of the Ships and Goods of this Country in these Parts for a ground to Justifie the late Extraordinary Equipage Whereas that Equipage was Ordered and Equipped in the beginning of the Summer and the Taking and Stopping of the said Ships was not till November following nor any Confiscated till February after And as to what they say that that Equipage was but very small and that they had formerly made the like Did they not resolve in the beginning of Summer to Equippe Thirty of their Capital Ships over and above their Fleet under De Ruyter and such as were fitted out for the Convoy of their East-India Ships and what for Guiny And was this a small Equipage And were not hundreds of Carpenters sent on a suddaine to work thereupon sparing as is said in his Memorial neither Holy Day nor Work a Day Moon-light nor Sun-light as if it had been upon the most Pressing and Urgent Necessity that could have fallen out and this in a time when they had no Dispute with any other Nation that could give any imaginable Occasion or Pretense for the same Nor had the King His Master at that time above Seven or Eight Men of Warr in these Seas nor any further Equipage in hand And he had Declared in His Answer to His Parliament which was well known here that He would yet Endeavour the Accommodating of Matters with this State in an Amicable way and give Orders to him His Minister to that Effect And how can it then be here said That it was impossible that this Equipage could give any Umbrage to His Majesty On the contrary how was it possible but that it should give him the utmost Umbrage it being very well known that their Lordships are too good Mesnagers to put themselves to such an Extraordinary Expence in a Frolick and without some proportionable Design and to be sure such Design could not be with Reflection upon any other then himself And as to the Letter to His Majesty above mentioned they do here Confesse page 12 and 13. as was Alledged by him in his said Memoriall That they had one Fleet Actually out and gone to His Majesties Coasts at the time of the Writing of that Letter and so would have been out of that Engagement and it was as Numerous as that of His Majesties for the keeping whereof within Doors they were so Solicitous And whereas they say That this State had no other Fleet at Sea that was Capable to Act for that those that they had at Sea were onely Destinated for the Convoy accustomed to be sent every Year for their Fleet out of the East-Indies It is not
State and what if it should be Retorted Hereby may one Judge of the Candour and Sincerity of the Hollanders c. Page the Fourteenth Fifteenth and Sixteen Concerning the Ship St. Jacob Laden at Gottenburgh and bound for England the Deputies are pleased to say First The said Envoy hath the Impudence to say that This State are the Aggressors in Europe for that they Stopped in their Ports a Certain Ship which came from Sweden Laden with Masts That which he saith is so Extravagant and the Reason wherewith he backs it so Impertinent that none but Sir George Downing would have affirmed the one or made use of the other Secondly Seeing the Ship concerning the stopping whereof he complains was of Gottenburgh What had he the said Envoy to do to Intermeddle therein Thirdly This State had Defended the Transporting out of the Country of all sorts of Commodities serving for the Equipping of Ships after the Publication of these Defences this Pretended Ship of Gottenburgh hapning to be in one of the Havens of this Country it was necessary that She had a Particular Permission from the States to go out Fourthly That Liberty was granted Her to go out and it depended onely upon them to be gone Fifthly That during the being of this Ship in this Country News came that the English Took and Stopped in their Havens all Ships belonging to the Inhabitants of these Provinces As to the First with your Favour He is not the onely Person or the First that Affirmed them to be the First Aggressors in Europe and that among other Reasons upon the Accompt of the Stopping of this Ship the King His Master had said the same in His Narrative given to His Parliament in the Month of November and therein among other Arguments alleadged the business of this Ship So that 't is His Majesty upon whom these Incivil and Opprobrious Terms of Impudence c. are Cast and do Abutt nor was the said Narrative unknown here at the time of the Writing of this Book As to the Second The said Ship was Laden upon the Accompt of one Sir William Warren an English man and Merchant of London and Bound for England and those of the said Ship with whom the said Lading was Intrusted did apply themselves to him the said Envoy upon her stop for his assistance for the obtaining of her Releasment as well as to the Minister of Sweaden upon the accompt that she came from Gottenburgh and the Master a Burger of that Town And can it then be doubted whether he the said Envoy Extraordinary had to do with the Business or not or did he need Procuration from Sweaden or was it Intermedling with the Interests of another Crown to demand the Releasement of a Ship Laden upon the Accompt of His Majesties Subjects and Bound for England Concerning the Third Their Defence was against the Transporting of such kind of Goods if Laden and taken in this Country but this Case was quite otherwise for that this was a Ship which was driven in by much foul weather that she had met withall at Sea and so not in the least within the Compass or Question of the said defence nor lyable by the Treaty between His Majesty and this State to any molestation or search There are many sorts of Commodities that are prohibited by the Laws of England to be imported into that Kingdome or exported out of the same by the People of this Country yet such ships as are onely driven in thither by storme or other necessity and do not break Bulk are not nor cannot be questioned thereupon and that is this Case and so that the Defence aforesaid cannot in the least justifie the stopping and detaining this ship As to the Fourth The Master and Others intrusted with the Lading of the said ship were here solliciting at the time of the granting the Order for her Releasement and went immediately away therewith but coming to their ship and preparing to set sayle they were not suffered so to do but threatned to be shot at and so were forced to return back to the Hague again As to the Fifth It is not here confessed that while that Ship was in this Country they had Advise of the Stopping and Taking of their Ships in England and so there needs no more then this their own Confession to prove who first began to stop Ships in Europe And what though she were afterwards set at Liberty The Rupture was begun and then there were other things also to be Remedied as well as that And as to what is said Page the Sixteenth concerning the Confiscating of their Ships There was no Ship Confiscated or Condemned in England till the first of February Old Stile which was long after the Newes was Arrived at London of De Ruyters having Seized all the English Merchants Ships that he had met withall to a considerable Number and Value and having actually broken Bulk and taken out their Ladings and Appropriated them to the Dutch West-India Company Concerning the Reglement for the future the Deputies say Page Seventeen The said Envoy knows that they were alwayes ready to go about the making of a Generall Reglement and Treaty Marine but that he did alwayes excuse it and alwayes Declare when he was Summoned to Confer about this Matter that he had no Order concerning the same but onely to stick to the Termes of his Project To this he doth Reply that the Discourse concerning this Matter arose in Conferences with the Deputies of this State about several Injuries done to the English East-India and African Companies by the East and West-India Companies of this Country that thereupon for Prevention of the like for the Future His Majesty did Command him to tender to this State a Concept of a Reglement which accordingly he did Nor are there wanting instances of particular Transactions of that kind before between England and this Country and many things are proper for those Remote Parts which are not applicable nearer Home That he did daily presse the State for their Answer thereupon both by Word of Mouth and in severall Memorialls given in by him from time to time to that Effect But as to what they say that he was Summoned to Conferre about the same he doth utterly deny it much more that he should have refused the coming to Conference about those Matters nor did he ever Declare that his Orders were to abide onely by the Terms of the said Conceipt nor ever any such thing Imagined or Intended but onely that the said Concept should be a Ground-Work to work upon and that they might make their Exceptions thereunto and that there should be added thereto or taken there-from as should appear reasonable and fitting upon debate but that he could never make the least-advance therein nor ever had as is said in his Memorial one word of Answer from them concerning this matter As to the near Twenty Ships that he had affirmed in his Memoriall to have been taken in
Imaginations and Romances And whereas they say further Page the 17th We have never heard of those pretended Cruelties and Barbarisms nor hath so much as Complaint been ever made that the West-India Company had taken any one ship that had truly belonged to the English He did acquaint the Deputies for the Affairs of England by whom this Book is Compil'd with these Cruelties in the Conferences held with them concerning the Lists of Damages and the said Ships are all particularly mentioned and set down in the English List so long since delivered by him to them How is it then that they here pretend Ignorance of the one and the other And whereas as to the Ships they would Evade under the Notion of the Words Truly belonging to the English This is a very Excellent and easy Evasion and upon this accompt their Companies may take what they please from Us and it is but for them to affirm That it did not truly belong to the English Those many Families of His Majesties Subjects at London and elswhere that felt those Losses and many of which are thereby utterly ruined and Banckrupt are Living and too true Monuments to whom the said Ships did belong And if they could clear themselves upon so easie a Score VVhy is it that we have been kept off these two years and a half since the Conclusion of the Late Treaty So as that we have not yet been able to come so farr as to begin to make out either our Propriety therein or the value of the Damages sustained thereby And whereas these Suggestions are no doubt brought them from their Companies it may not be amiss here to put the Deputies in minde with what Confidence it was Affirmed and Maintained by the Directors of the East-India Company before them that the Hope-well and Leopard were designed for Couchin a place then Beseiged both by Land and Sea and not to Porca which was not Block't up by Land nor Sea and yet when it came to the Scanning of those Matters he the said Envoy made out under the very hand of the Commander in chief of those Ships that stopt them in their Voyage that he stopt them from going to Porca For what they say further Page the 17th We know not to what purpose the said Envoy speaks of those said near Twenty Ships The purpose was very clearly set down in his Memorial viz. That whereas all the Complaints that were Mentioned in the Resolution of the Estates-General to which it was an Answer as to what out of Europe were only of matters pretended to be done against the West-India Company thereby to shew what great Reason the English had to be offended with them and to be the more sensible of the Injuries done to them since the conclusion of the Late Treaty considering how they had from time to time been handled by those of that Company before the makeing thereof having in a few years space as said taken near Twenty English Ships in those Parts only and not only no satisfaction given for the said Ships but new Injuries heaped upon them and the same Designes carried on to the utter Ruine of the English Trade in those Parts And whereas Page the 18th the Deputies would excuse what had been done by the said Company since the conclusion of the said Treaty for that say they First He confesseth Ingenuously that since the Conclusion of the Late Treaty there hath not been one English Ship taken Secondly That all that hath been done is that they would not permitt the English to enter into Places Asseiged by the Armes of this State or Blocked up by Sea And so that that could not Justifie what had been done by the English against Them especially considering the Resolutions of the Fifth of June and Twenty fifth of September wherein they had declared that they would cause Satisfaction to be made to the Persons concerned in the Ships Hopewell Leopard Charles James and Mary He never said or confessed that no English Ship had been taken since the Conclusion of the Late Treaty and the contrary is acknowledged Page the Twenty seventh of this very Book But that which was said in his Memorial was onely that those of the West-India Company had not taken any in those Parts of Affrica since the conclusion of the Late Treaty And as to their Pretences that what they had done as to the hindring of our Ships from Trading there was onely in places Besieged and that they had promised Satisfaction These Allegations and Excuses have been so Fully answered before that it were but mispence of time to say any more concerning them but as to that which was the force of his Argument they Answer not at all viz. That the Question was not about the Charles James and Mary onely but that what was done to them was in like manner done to Every English Ship that came upon those Coasts by Men of War kept there on purpose to that End Whereby it appeared that what was done to them had not been upon some accidental Rencounter but upon Design and that this Practice was as certainly Pernicious and Destructive to the Trade of the English as the Taking of their Ships and more discouraging to the Merchant as hath been afore-shewen and so that either some Course must be taken by His Majesty not onely for the obtaining of satisfaction for those Individuall Ships but for the Securing in General of the Trade of His Subjects in those Parts or otherwise that they must give it quite over Page the Ninteenth They say that he should have said in His Memorial That one must not doubt of the Truth of all he saith concerning these Pretended Hinderances of the English from Trade and Evil Treatments of them for that the same doth appear by the Complaints he had Order from time to time to make to this State concerning the same The Deputies deal here with him as in other parts of their Book misrecite the words of his Memorial and then descant upon them after their fashion the words thereof were not For the same doth appear c. nor did it ever enter into his imagination that his bare affirmation should be taken for a juridical proof but his words are As it doth appear by the Complaints c. That is to say taking them as they were accompanied with Examinations upon Oath of the Masters and other Officers of the said Ships and which were also by him produced to the said Deputies with other authentick Documents which were juridical proofs so might it not justly be said that those matters were made appear by him in his Complaints concerning the same And what occasion given for all those reviling expressions which they are pleased here to make use of But whereas they say If the Complaints of Sir George Downing could serve for juridical proofs the Inhabitants of these Provinces had long ago deserved the treatment which they have received from the English and the hostilities
thither without the least provocation given by him he was immediately shot at from the said Fort whereupon he fired at them again and severall shot having passed between them whereby his Ship was much dammaged his Mast shot through and much weakned his Master and severall of his Men wounded and kill'd he drew off to a further distance where being enforced to come to an Anchor for the repairing of his Ship and Mast without any thoughts of returning thither again or pursuing the matter any further while they were mending their Mast the Governour hung out a white Flag and sent a Boat on board him tendering the Surrender of the said Place that passing thence and calling at Lestus he was there informed by the King of the Country that a certain Holland's Ship called the Unity had been there but some days before and endeavoured to perswade him to expel the English from trading there and that he having refused to consent thereunto that the Captain of the said Ship had seized all the said Kings Subjects that were come on board him to trade according to the Custome of that Country as also all such Fishers as they found upon the Coast making them Slaves and carrying them away Moreover that the Dutch comming to severall places had put out English Colours and having thereby inticed the Natives on board them carried them away and made them Slaves leaving the Odium upon the English that sailing thence to Anta where the English had then a Factory he found that one Captain Frome belonging to the said Dutch West-India Company had but a little before compelled the English there to take in the English Colours that were wont to be displayed there that sailing forward on the Gold Coast he found that not onely those Ships of the Royall Company had been hindered in their Trade concerning which complaint had been come to England before his departure thence but that Valckenburgh Generall of the West-India Company there had and did continue hindring every Ship of the said Royall Company from Trade there That he had published the Declaration above mentioned wherein he claimed the whole Coast and the whole Trade thereof and wherein he had commanded the English to quitt immediatly two of their principall Factories viz. Tacorari and Cabo Corso as above said Moreover that he was informed by the Natives all along the Coast that the said Valckenburgh had proffered to them a Bendy of Gold for every English Man's head that they should bring unto him and greater summs for such as were Commanders among them That thereupon he sailed to Castel delmina to speak with him where he found one Captain Cubit Commander in chief of a Squadron of the Royall Companies Ships upon that Coast who told him that he had already written to him to the same effect and desiring that they might live and Trade peaceably each by the other but that he had utterly refused to hearken to any thing of that kinde whereupon Sailing thence to Cabo Corso where the English had a Factory and where also on the other side of the Water the Danes had a Fort call'd Fredericksbergh and having no intention of annoying the Dutch nor offering them the least offence nor so much as going ashore on that side that they were but on the other side where the Danes were and with whom the English were in a perfect good understanding and had a Free Trade that the Dutch within the Fort of Cabo Corso did severall times shoot at him and very much endanger him that hereupon and not upon the account of any Orders from His Majesty which he denyes that he ever had he call'd a Councell of War where it was resolved to attaque the said Fort. He saith further that having sent for the Governor of Inashang an English Factory to come to him to Cormantine that being to passe by a place call'd Aga the Dutch there shot at him and wounded severall of his Company Moreover that sending a Drum with a Letter to Anna Maboa a Garrison of the Dutch that they most inhumanly fell upon the Messenger under the Wall of their Castle and contrary to the Laws and Customes of most Barbarous Enemies cut him mangled him and stript him leaving him dead upon the place Concerning the second viz. the 14 th Article they say Page the 33. The said Envoy gives a Sence thereof according to his mode but that the Article saith the quite contrary to that he pretends to infer Whereas in truth he barely repeated that clause of the said Article which saith that twelve months time shall be given for the doing of Justice upon any Complaint of any thing done upon the Coast of Africa by Land or Sea since the conclusion of the said Treaty as was the business of Cape Verde and what else complained of against Holms without making any construction thereof at all nor did there need any the words being of themselves as plain full as words could be made for the purpose they are cited by him that is to say to shew that ways of Force were not to be made use of in such cases till the Expiration of twelve months time after Complaint and Demand of Justice But the Deputies do here repeat a clause of the said Article Viz. That it saith that if any one doth any Violence that he alone shall be punished and no other And do make a construction thereof and such a one as whoever would take upon him the liberty of retorting might well say a Sence thereupon according to their Mode and that the Article saith quite the contrary c. For say they That is to say that the party offended or hurt cannot resent it or revenge himself but only against him that hath done the hurt or offence that Letters of Reprisal which may reach to others as well as the parties offending cannot be given till the Expiration of a year after complaint Whereby they do infer from the said Clause that indeed as to Letters of Reprisal which do Extend beyond the persons that had committed the offence that those cannot be granted till a year after complaint but that as to such way of force as reacheth only to the persons that had committed the offence that the party offended might in the mean while make use thereof and so nothing in this Article that derogates from or restrains the Law of Nature which teacheth to repell Force with Force Whereas nothing can be more clear then that the true intent and meaning of the said Article is not only that no Letters of Mart can be granted during the twelve Months therein mentioned wherby others then the persons offending may come to suffer but that during that time the offendors themselves are not to be proceeded against by force and Violence but in a Judiciary way the words thereof being That twelve Months time shall be given for the doing of Justice and giving of Satisfaction and it follows immediately after in
Majesty at liberty to have righted himself yet notwithstanding he did not do it and that though they on the other hand had as aforesaid in relation to their pretences broken in upon the said Article indeavouring to right themselves by force within the time limited contrary thereunto Nor did his Majesty intermeddle or give order for the offering the least offence to their Subjects till he certainly knew that De Ruyter had quitted that Coast and work he was sent hence about and that his Majesty had again again demanded of the Ambassadour of this State residing in his Court to be satisfied whether he was gone and upon what design which he had reason to demand and expect to be satisfied in First because the work was not then done with those of Algiers and that this State had as is above shewn engaged to his Majesty that that Fleet should continue there till an issue thereof And secondly because that being in such a manner gone away 't was not to be imagined in that conjuncture of Affairs that it could be upon any other account then to go to Guiny to fall upon his Subjects there Nor is it an answer to say That their Ambassadour did not know it He was their Ambassadour and his Majesty did demand it of him and if they did not think fit either by him or otherwise to satisfie his Majesty concerning the same and considering their Resolution that they had put into his hands concerning Van Campen and yet in which they make such Protestations to his Majesty of proceeding so frankly with him what could he then conclude but that while they were here amusing him under the notion of Van Campens going to Guiny that De Ruyter was gone thither to execute what was threatned to be done by Van Campen Moreover that themselves had actually begun the stopping of ships in those parts stopping the ship from Gottenburg bound for London and now and not till now did the King his Master intermeddle by way of Force and yet only stopping and seizing their ships and that only till such time as he should come to be satisfied concerning the designes and acting of De Ruyter as was several times declared by him to the Ambassadour of this State Nor was any disposition made of any of the said ships or their ladings or any of them declared Prize until the first of February O. S. which was long after his Majesty had certain News that De Ruyter was arrived in Guiny and had taken a whole Fleet of Merchants ships of his Subjects unladen the Goods and which were ships that had not done any thing against this Countrey and the said ships were seized upon the 13 October O. S. and upon the 16 17 18 19 20 21 22 of the same Moneth he did unlade the same into his own ships whereas his Majesties order for the seizing of the ships of this Country was not till the 9 of November following of the same stile nor any ships stopped or seized thereupon till a day or two after so that De Ruyter had actually seized and unladen a whole Fleet of English ships long before his Majesty had so much as given order for the intermedling with any ships of this Countrey or doing any thing against them Nor were any Letter of Mart granted by his Majesty till long after they had been granted by this State against his Subjects nor Trade prohibited between both Nations by him till the like first done here And whereas the Deputies do so often in this Book charge his Majesty with having done what he did without any preceeding Denunciation or Declaration he did not denounce before hand to them the doing of what was done by Holmes nor what was done in New Netherlands nor could he these being actions done without his Order but as to what was done by his Order viz. the taking and seizing of their ships in these parts to say that this was done without any preceeding Denunciation is like the rest of the Calumnies in this their Book Not to mention what passed between his Majesty and the Ambassadour of this State upon this account was not the Memorial of him the said Envoye to the States General of the 27 of July last as followeth His most Sacred Majesty of Great Britain c. being desirous to omit nothing that may in any wise contribute on his part for the prevention of any misunderstanding or breach between Him and this State hath by His last Post expresly commanded him His Envoye Extraordinary to declare to their Lordships the Estates General of the United Provinces that His Majesty hath given order to examine the Complaints that have been made unto him in their Name against one certain Captain Holmes for matters alledged to be done by him on the Coast of Guiny and will upon full information and hearing of both parties do according to Reason and Justice But if their Lordships shall not think fit to expect the doing thereof but contrary to the stile and practice of all Nations and particularly of his Majesty towards them whom yet to say no more He hath not found over-quick in the dispatch of Justice towards his Subjects and expresly against the letter of the Fourteenth Article of the late Treaty with Him having made their complaint shall think fit immediately to have recourse to Force for remedy they might as well have spared the labour of making their Complaint and the King his Master will hold himself obliged to oppose Force to Force Given at the Hague this 7th of April 1665. O. S. G. Downing FINIS