Provision of Ships Victuals and all other Necessaries for the possessing planting and fortifying of the Isle of Pouleron Damages susteined by the Dutch-West-Indian Company THe House and English Factory of Cape-Corse was upon the first of May 1659. Old Style burnt and ruin'd together with all the Merchandize and Moveables therein by the Dutch who were then in the Castle of Cape-Corse and in the Service of the Dutch-West-Indian-Company The House and Factory of Cape-Corse after that the same was re-built and well furnished with several sorts of Merchandizes for the Trade of that place was burnt again upon the 22th of May 1661. Old Style with all the Merchandizes and Moveables in the same by some whom those of the Netherland-East-Indie Company had hyr'd for that purpose Damages susteined by the English Turkey-Company THe Ship Reformation belonging to the Company of London laden at Scanderon in November 1659. as she was quietly sailing in the Mediterranean was there seized upon the 15th of May 1660. by a certain Ship which came from Holland call'd the Holy Mary whereof Lawrence Andreas was Commander The Ship Free-Trade design'd from London to Scanderon by some Merchants belonging to the said Company in the year 1659. was seiz'd upon the 15th of May 1660 by the said Holy Mary Damages susteined by other English THe Ship the Experience of London John Kingsman Commander was seiz'd upon the Coast of Portugal by one Quaerts and others of Zealand in the year 1660. Concerning a French Ship call'd the Golden Sun Nicolas de Breton du Pre Commander Edward Adams Merchant of London as well for himself as for other English Merchants demands to have satisfaction for the Merchandizes belonging to them which were taken in the said Ship in the year 1660. upon the Coast of Portugal by four Zealand Men of War commanded by Philip Ros Tousain le Sage Albert Johnson and the Masters Mate of the Ship of Matthias Quaerts The Ship Falcon Hendrick Hughes Commander was seiz'd upon the Coast of Portugal upon the 31th day of May 1660 by one Claus Rous and another of Zealand The Ship Saint John Baptist Emanuel Hart Commander who had taken aboard some Negros upon the Coast of Guinne and barter'd them for Sugars and other Commodities at Baghia in Brazil was seiz'd in his Return in June 1661 by a Zealand Man of War call'd the Golden Port of Middleburgh whereof Cornelius Thrumcap was Commander The Ship the Merchants Delight belonging to one John Young and Company of English Merchants John Bonner Commander having set sail from Dover in the County of Kent was seized upon near to Cape Corso in Guiney about August 1661 by a Ship call'd the Amsterdam belonging to the Netherland West-Indie Company The Ship Paragon belonging to Bernard Sparke John Cooke and Company of English Merchants whereof one John Bariford was Master laden at Topsam near to Exeter in Devon and bound for Guiney was seiz'd about the 15th of October 1661 by two Ships belonging to the Netherland West-Indie-Company the one call'd the Amsterdammer of Amsterdam whereof Aaron Couzens was Master and the other call'd the Arms of Amsterdam whereof Nicholas Yo le was Commander The Ship the Daniel belonging to John Knight Thomas Knight Henry Oakes and Company of English Merchants and commanded by the said Henry Oakes set sail from London about May 1661 to go for the Coast of Guiney and was seiz'd in a hostile manner by a Ship of Amsterdam belonging to the Netherland West-Indie Company call'd the Amsterdam whereof one Aaron Couzens was Commander The Ship the Brotherhood of London belonging to Peter Caulier Bartholomew Caulier Abraham Caulier and John Beverley and Company of English Merchants was seized upon the Coast of Guiney in February 1655 Old Style by one Cox Commander of the Fregat call'd Gat and one Yapoone Commander of a Ship call'd the Kater both of them commissioned by the Netherland West-Indie Company The Ship call'd the Rappa Hanoeck belonging to one John Jeffryes and Company of English Merchants laden at London and design'd for the Coast of Guiney was seiz'd near to Cape Lopes about the 11th of September 1656 by two Netherland Ships the one call'd the Mary of Amsterdam and the other the Vnicorn of Middleburgh commanded by one John Serael of Munekedam The Ship Sarah belonging to one Ann Leuellin Administratrix of one Robert Leuellin Merchant Humphry Beane and Company of English Merchants whereof Arthur Perkins was Commander was seized upon the Coast of Guiney in August 1656 near to Cape Lopes by two Ships of those Countries the one call'd the Mary of Amsterdam and the other the Vnicorn of Middleburgh commanded by the aforesaid Serael of Munekedam The Ship Fortune belonging to one Constant Silvester and Company of English Merchants was seiz'd about August 1656 near to Cape Lopes upon the Coast of Guiney by the said Mary of Amsterdam and the Vnicorn of Middleburgh whereof the said John Serael of Munekedam was Commander The Ship Blackboy of Dover belonging to one Arnold Breames and Company of English Merchants whereof Ralph Wood was Commander laden at Dover in January 1660 was seiz'd about the Thirteenth of April 1661 near to Comenda upon the Coast of Guiney by a Ship of those Countries call'd The Grafenna which came from the Castle of Mina and carried thither the said English Ship The Ship Speedwell belonging to Mr John Taylor and Company of English Merchants of London whereof Robert Cooke was Master pursuing her Voyage from Gottenburgh for London was seiz'd in May 1657 by a Man of War of Ostend Commanded by Peter Tysen who carried the said Ship to Amsterdam and there sold her together with her entire lading to one William Hunton Merchant of Amsterdam without any legal proceeding or sentence against her The Ship Lubeck whereof Ditmar Pieterson was Master being laden in May by Thomas Nisbet and Richard Metcalfe of the City of York with 1858 Tun of Rye at Strale-Sond in Pomerland to be transported for Hull in England was seiz'd upon by five Netherland men of War viz. One commanded by Edward Anchuysen another by Laurence Dedencamp of Groningen a Third by one Captain Sunck another call'd the black Eagle and the Fifth the golden Lyon which carried the said Ship to Copenhagen and there disposed of her lading The Ship Anne and Margaret belonging to Richard Wescombe Nicholas Warren and Company of Merchants of London having taken in her Lading at Tunis with some Merchandise in the year 1658 for the service of the said Proprietors was seized in her Voyage to Legorn by a Ship of those Countries call'd the Geldre whereof John Jacobson Zens was Master The Ship St John Cornelius Van Ringen Master belonging to one Vincent de la Barre and Company of English Merchants being bought by their order at Middleburgh in April 1658 and there laden on design to go for Calbarine to trade for Negroes was taken near to the Port of Calbarine by a Ship belonging to the Netherland-West-Indie
the advantage of the night and turned out the Master and all the Seamen That the Proprietors having represented this to his Majesty did in the end obtain a second discharge in August 1662. the Master of the Ship hoping after this to enjoy the full effect of his Order was forced to content Captain Wutworth and to fit out the Ship again after she had been the second time plundered To the 26. Article it is Answered Ans 26. That we never heard of any Scotch Man of War called Wutworth but true it is that his Majesty upon the first complaint did write a peremptory Letter to the Lords of his Privy Council in Scotland in these words Being informed that there are 2. Vessels belonging to the States of the United Provinces the one named the Vogukay and the other the Goude Real and a Busse taken some of our Subjects Our will and pleasure is that you command them to be forthwith restored unto the hands of James Davidson or to the Masters of the same Ships who are now in Scotland to require them and withal that express order be given that none of our Subjects presume upon whatsoever Pretext or Commission to take or molest any Ship or Boat belonging to the said States under all highest pains This Letter was dated the 21. of August 1661. There was another Letter written by his Majesty 5 July 1662. directed to the Earl of Middleton then his Majesties Commissioner making mention of his former Letter and then adding But soon after upon an humble Petition presented to Us and our Privy Council of England by some pretending interest in the said Ships We appointed our Council to examine the Truth of what was alleadged and to certifie the same to Vs and in the mean time to cause the said Ships with all their materials to be secured till our farther pleasure And now they having examined the whole business and having reported the same to Vs upon consideration of the whole matter We do require you that the said 2. Vessels with all their materials be fourth-with restored to James Davidson or to the Masters of the said Ships who do attend to receive them Of which expecting your performance We bid you farewel That the Magistrate of Edinborough did any violence or that the Master was constrained to content Capt. Wutworth after the Ship had been a second time plundered was never complained of to his Majesty and therefore is not like to be true And seeing the King did so readily order restitution it seems a groundless complaint William Mumma Preten Art 27. and his Associates Merchants of Amsterdam do say that one of their ships named the Hercules David Wouters Master departing from St. Sebastians anno 1657. to go to St. Lucar and Cadiz was the 14 of August in the same year taken and detained by the said Captain John Stoakes who took out all the Merchandize laden upon her without giving him any reasonable satisfaction for his Freight See for the Answer to this pag. 44. onely that the said Commander paid him 1500 Ryals of 8. and no more The said Mumma and his Associates do pretend that they ought to be re-imbursed of their Expences Damages and Interests Albert Lemmerman of Amsterdam says that in Octob. 1655. Preten Art 28. one of the ships named the St. James of the burthen of 300 Tuns Aaron Martin Master coming from Porto in Portugal laden with Tobacco Sugars Shumack and Elephants Teeth having sprung a Leak at Sea by foul weather and being thereby made incapable of prosecuting her Voyage the said Master of the Ship to avoid a further danger ran ashore upon the Coast of Arundel and being there busie in unlading the Ship of some of her choicest Goods an Officer came to him and commanded him presently to leave his Ship not permitting him to carry any thing away with him That the said Master and Mariners being thus constrained to leave the said Ship and Goods there fell upon them presently a great number of the Country people who by the order or at least with the consent of the Officer pillaged the Ship carried away all the Merchandizes and took away the Cordage Rigging and all to the very bolts and nails leaving the very hulk of the Ship worth nothing And though the said Master made his complaint of this barbarous proceeding and in persuit of the business spent a great deal of his time and money and though the Ministers of State and the Admiralty of England were fully convinced of the reason of his complaint yet so it is that the said Lemmerman could never obtain the least satisfaction either by way of Justice or otherwise but was continually put off with delays and excuses As to the 28. Article it is Answered Ans 28. That it may be very well so and the parties may escape with so foul an Act unless a complaint had been made against some particular persons of them by name that they might have been proceeded against and prosecuted according to the Law of the Admiralty which hath certain Rules to proceed by against such Offendors yet we do find in the Court of Admiralty a complaint entered upon which a commission of Inquiry issued forth for discovery of such persons as had done such violence but can find no return thereof so that it seemeth no such discovery could be made Peter Pouilly Preten Art 29. Jerome Boshe the Widow of Heertgen Johnson the Heirs of Daniel Johnson Merchants of Amsterdam do all say that it is very true that one of their Ships named the St. Nicholas of which Baron Claessen Spierdyck was Master coming in January 1657. from the Isle of St. Vincent was taken by an English Fregat call'd the Mackdethem and was delivered to Admiral Blake That the same Ship being carried to Lisbon was there unladen of all her Merchandize part whereof was sent to London and the rest sold with the Ship it self at Lisbon The same Ship and goods being reclaimed by the said Merchants in the month of December in the same year 1657. after long and painful pursuits the said Goods were declared free and exempt from all confiscation by two successive sentences of the High Court of Admiralty of England the one of the 17 of January and the other on the 20 of October 1659. That there being made in England an exact accompt of the proceeding upon the sale of the said Ship and Goods it was found to amount to the sum of 11407 l. 3. s. 9d sterling making 120 m. Florens And forasmuch as the said Merchants could never enjoy the effects of the said sentence nor obtain any satisfaction They pretend that they may demand the same summe by vertue of the said sentence with the Expenses Damages and Interests To the complaint of Peter Ravilli Ans 29. and others set forth in the 29. Article it may receive the same Answer as is made to the complaint of the said Vanhulten upon the 21
Injury and therefore we think the Article to be frivolous and out of time Albert Arentsen Merchant Pretense Arti. 49. dwelling at the Brill complains that about the middle of Sep 1659 a bark of his serving for the fishing of Herrings did meet between the Maaz and the Sea an English ship commanded by one Captain Hamilton who in a frolick without any offence in any manner offered him Boarded him took him and carried him to Yarmouth To the 49.51 Answer 49. 52 53 54 56 61 62 63 64 68 70 71 72. We Affirm the several Actions therein mentioned were not done by English Commissions and if they were done by any Foraign Commissions Portugal Swedes or any Other we are no more responsible for them then the Hollanders would be for those Hundred Ships and their Charges that were taken by Hollands Ships and Persons from the English by Spanish Commissions in the time of the late Warr between the King of Spain and Cromwell Leonard Licoghton Pretense Art 50. and John Ham Merchants dwelling at Enchuysen do complain that in August 1660. an English Captain called George Wotworth did seize at Haymouth near Berwick and carried away two ships for Herring fishing belonging to them The One the Prince of Aurange Femme Claessen Master and the Other the Three Golden Herrings Commanded by the Master-Mate Peter Johnson which were unladen and their Cargason sent to London where it was sold It is true that after great instance and long solicitation the Commander of Haymouth did release the said ships and referred them to Captain Bronsert of Munekedam but they never got the rest nor satisfaction for the Herrings Netts Cordage Anchors Victualls and other necessaries of the ships which were utterly lost as also a 9th part of the said ships which was condemned by the High-Court of Admiralty of the North-Holland as an acknowledgement and that without prejudice to the Charge which the said Captains have been at to bring home the ships into their Country To the 50. Article Answ 50. We never heard of the Two Ships therein named and less of the Men called Commissioners of Haymouth who are said to have released them Haymouth being a very small Village consisting of a Dozen or Sixteen Fisher-Mens Hovells Leonard Licoghton and John Ham do represent further Pretense Arti. 51. that in the Year 1659. one of their ships namely the Forest Herman Janssen of Enchuysen Master was attacqued taken See for the Answer to these Pretenses pa. 60. carried away and sold at Yarmouth by an English Man of War and that the ship was likewise sold with her Herrings Salt Caske and other necessary Instruments for fishing to one George England Alderman of Yarmouth interessed in the said Man of War The same person saith further Pretense Arti. 52. that in the year 1660. the same Man of War Wotworth took one of his Barques at the Herring-fishing named the Faith Cornelius Barentson Kelocker Master and carried it to Montross in Scotland Peter Peterson Masters Mate dwelling at Enchuysen Pretense Arti. 53. complains that in the Year 1659 he was taken with his ship named the Green Tree fishing for Herrings laden with seven Last and a half of Herrings by an English ship of which the Captain was called Cooler who carried him to Ely Roemer Cant Burgomaster and Cornelius Mossel Schepen of Enchuysen Pretense Arti. 54. do represent that in September 1655. a Man of Warr that went from Dunkirk and was mann'd from Thence took Two of their ships upon the Sea fishing for Herrings the One named the St. Peter of which Reyn Engëlse of Egmont was Master And the Other named the Turtle of which Cornelius Janssen was Master which Two ships were carried to Dunkirk That they have made very many pressing Instances for release of the said Two ships but could obtaine nothing onely it was permitted them to make an Agreement so that the said Interessed to obtain their release were constrained to pay the summ of 5277. Livres 3. Solz of which they demand Restitution with Indempnity for the rest of their ships Cornelus Olphersen dwelling at Enchuysen Pretense Art 55. Complains that in the Year 1655. a ship of his named the Arms of Nimmegen of which Richard Trexe of Enchuysen was Master coming from Roüen laden with French Goods was taken in the Channel by an English Captain one Green That the Goods were declared Prize but with express condition that the freight should be paid to the Master of the ship And though in pursuance thereof he ought to have received the said freight and to be put into the condition he was in before he was taken as to his Cordage Anchors Sails Cables and other necessaries of his ship which the said Captain and his men had taken from him yet so it is that after a great deal of pains and solicitation and expence he never recovered more then 2000 Florens To the 55. Article Answ 55. We say that the Complaynant had his freight adjudged him and if it were not fully paid him why did he accept of less without appealing to the Court who would have seen their own sentence fully executed Gerard Seager Pretense Art 56. Burgomaster of Enchuysen and his Associates Owners of and interessed in the ship called the Fortune do say That the said ship departing from the Texel on the 16 of December See this Answ p. 60. 1659. was about two days after met at Sea and fallen foul upon by two other ships near the Isle of Wight so that being very Leaky and unfit to pursue her Voyage she was constrained to put into the first Harbour and for avoiding present danger took her Course for Weymouth in Portland where being arrived in the Road she cast Anchor with intent to send out one to ask leave of the Governour before she entred the Port. Whereupon the 20. of December in the morning three English Vessels came directly to her One of which was Commanded by Captain Peter Morell who without having received any offence took her pillaged her and brought her to Dunkirk where the Associates of the said Captain plundred her of all that was left as Victuals Cordage c. Symon Semeynsse Pretense Art 57. Burgomaster of the said Town of Enchuysen and his Assiciates say that in September 1659. a ship of theirs serving in the Herring fishing called the Aaron John Arentsen Master coming from the Fishery laden with about 44 Tun of Salt Herrings and 10 Tun of Fresh Herrings was attacqued and taken at Sea and carried to Yarmouth by an English man of War called Alexander Simmons That the same Man of War having taken out of the said ship all the said Herrings both fresh and salt as also all the Sails and Cordage after he had kept the said Master in Arrest 7 Moneths so that he was utterly ruined he constrained him to come to a Composition and to oblige himself by the interposition on of one John
Company and confiscated at Calbarine aforesaid notwithstanding that the said Company had given permission to the said Vessel to the end aforesaid The Ship the Assada Merchant being employed by Mr. Nicholas Buckeridge to go to Bantam to take in such Goods as the said Buckeridge had prepared there in July 1657 was hindered by a Ship of the Netherland-East-Indie Company which was sent expresly from Batavia And this was not known at London the 10 20 of January 165 8 9 as will be made to appear The Ship Anne Piercy belonging to Daniel Fairfax John Dethick and Company of English Merchants as she pursued her Voyage from England in March 1656 to go to Pantelorea between Legorn and Smyrna and being design'd for Smyrna was assaulted by a Ship of Amsterdam call'd the Antonio whereof one Ree Morice a Hollander was Commander who burnt and sunk her with all her Lading The Ship the Aethiopian belonging to John Allen and Matthew Babb English Merchants whereof Peter Blake was Commander being sent to Bobuee upon the Coast of Guiney with design to trade for Negroes was seiz'd in a hostile manner in the month of January 1661 by a Ship belonging to the West-Indie Company of the Vnited Netherlands call'd the Post-horse which carried her to the Castle of Mina The Ship the Lyon Providence of London belonging to Sir William Thompson and Company of English Merchants who laded the said Ship at London for Guiney was seiz'd on in August 1656 near to Cape Lopez in Guiney by two Ships belonging to the Netherland-West-Indie Company the one call'd the Mary of Amsterdam and the other the Vnicorn of Middleburgh whereof John Serael of Munekedam was Commander The Ship call'd the Brazil-Fregat of London belonging to John Bushell Edward Bushell and Company of English Merchants was seiz'd between Angola and Fernambuck in the year 1657 by a Ship of Flushing call'd The Sluce whereof one Quaerts was Commander The Ship Charles whereof Captain Sprag was Commander was seized in the Road of St. Martins in France in July 1660 by Three men of War in the service of the States General and commanded by Captain Enno Dondestarre The Ship Content of London whereof William Jordan was Commander as she set sail from the Downes in October 1661 on design to trade upon the Coast of Guiney was seized there by a Ship belonging to the Netherland-West-Indie Company call'd the Holy Barbara which carried the said English Ship to a certain Island call'd the Isle of Gene. The Ship True love belonging to Sir Draper and other English Merchants Edmund Nicholas Commander for certain Goods taken out of her belonging to English and for the freight of such Merchandizes as were taken out belonging to Portughueses near to St. Michell one of the Western Islands by Abraham Dominicus Commander of the Ship The Dauphine of Flushing in 1659. As likewise for Merchandizes taken out of the same in her Voyage between Lisbon and New-England in the year 1660 by the Ships the St. John Baptist whereof John Lopez was Commander the Catharine Captain Oncruise Commander and the golden Burgh Captain Thrumcap Commander The Ship Charles belonging to Mt James Burkin and Company of English Merchants whereof one John Blackler was Commander being laden for their Particular upon the Coast of Guiney was seiz'd upon the said Coast in August 1661 by a Ship belonging to the Netherland West-Indie Company call'd the Amsterdammer of Amsterdam one Aaron Couzens Commander and carried by him to Castle Mina The Ship Packet Fregat whereof Edward Harrison was Master belonging to one James Drawater and Company of English Merchants being laden at Genoa and Final and design'd for London was seiz'd in her Voyage at the Streights Mouth by a Netherland Ship call'd the Golden Duyk commanded by Captain Albert Cock about the 13th of May 1654 Old Style and carried to Cadiz in Spain where the said English Ship with part of her lading was restored And Satisfaction is now demanded for the rest and for the Cordage of the said Ship The Ship the Constant Mary belonging to Francis Bellars Thomas Fowke Richard Glover and Company of English Merchants whereof one Daniel Lester was Master being laden at London and design'd for Guiney was seized upon the 8th of May 1654 Old Style about 20 Leagues from the Cape Saint Vincent by a Netherland man of War call'd the Holy Cicilie whereof one Hanse Alburge was Commander being as he confessed in the Service of the States of the Vnited Netherlands The Ship Nostra Seigniora di Remedia having taken Merchandizes abord in the Port of Macassar upon the Island of Celebes in the Great Indies in the year 1660 Old Style was seized the 29th of May of the same year by two Ships of War in the Service of the Netherland East-Indie Company which carried the said Ship to Batavia The Ship the Leopard belonging to Nicholas Bauchart of London and Company of English Merchants was seized near to Capo Blanco in October 1656 by the Challoup of a Holland man of War both belonging to the Netherland West-Indie Company and carried to the Castle of Arangeny at Capo Blanco The Ship the Golden Sun of Lubeck having abord her 110 Last of Rye and being freighted at Revel upon the Baltick Sea by one Thomas Beautry Merchant of London and for his accompt in the year 1659 was seiz'd by some Netherland men of War belonging to the States General and commanded by Admiral Opdam who sent the said Ship to the Admiralty of Amsterdam The Ship call'd the Dove of London belonging to one Jacob Granger John Warner and Company of English Merchants John Johnson Master was seiz'd near to Shetland on the North-side of Scotland by a Netherland man of War and sent to Enchuysen The Ship call'd the Rebecca of Ipswich George Buckenham Master was seiz'd by a man of War of Ostend commanded by one Derwelly and carried into Zealand and there they unladed a part of her Goods before any Tryal in the Admiralty and notwithstanding all the Addresses and Applications which were made to the Admiralty of Zealand the said Ship of War was suffer'd to return to Sea and escape Seized by Admiral Opdam and other Vessels under his Command upon the Coast of Portugal in the year _____ abord the Fleet or Portuguese Ships a quantity of Sugars and other Merchandizes belonging to the English and carried away to Amsterdam and other parts of the Vnited Provinces A LIST of the Damages Actions and Pretenses whereof the East-India-Company of the Low-Countries do promise themselves to have Reparation and Satisfaction from the English The Damages which the Company hath really suffer'd or that have been caused to them by the English THE Counsellors deputed in the Colledge of the Admiralty of Amsterdam Dutch Pretense Art 1. do represent that Captain Abraham Vanderhulst having in the year 1657 taken a Portuguez Ship laden with Sugars was forc'd by storm to Harbor at Portsmouth and though the English could not pretend any right
Article Lawrence Kettles Merchant of Amsterdam saith Pretense Art 30. That in May 1659. his Ship named the King David Oche Alberts of â—inlopen Master laden with Salt at St. Vvall and bound for Dronton in Norway was taken and carried to Dunkirk by Captain Lonis de Hay To the 30. Article We answer Answ 30. that the Captain was neither an English Subject nor had any English Commission and therefore the English cannot be responsible for his action William Johnson Brunan saith Pretense Art 31. That in the Moneth of Aprill 1659. his Ship named the Black Raven James Johnson Vanderschelling Master coming from Rochel laden with Salt was taken in the Channel by an English man of Warr called John Jaquerson hill That the said ship being brought to Dunkirk the Governour released her by order of His Majesty but she was afterward seized by Order of the Admiralty of England so that the Master was constrained after the pursuit of one Moneth to redeem his Ship with the summ of 3333 Livres 17 Solz As to the 31. Article Answ 31. It is answered that the Master of the Ship knew his Ship or some of her Lading to be subject or liable in some respect to Confiscation that he voluntarily would so redeem her and for such voluntary act no satisfaction can be required John Vanderhell and his Associates of Amsterdam Pretense Art 32. say that it is very true that in the year 1659. the Ship named the Salamander Albert Jaquerson Master coming from Malaga to go to Amsterdam was attaqued taken and brought to Toulon in France by an English man of Warr. That the Master and the Interessed having upon their complaint obtained a Release which was adjudged afterwards That before she should be absolutely discharged the Interessed should furnish the summ of _____ who to get clear of the business and to deliver themselves from this vexation were necessitated to pay the said summ for Redemption and Runsome thereof That the recovery of the money having been made by that Rule upon the Goods and the Interessed having paid it at Toulon could not yet obtain the effect of that Release but were disappointed of the Money as also of the Ship and Goods To the 32. Answ 32. Article We say that seeing the Captain complained of hath no name nor the ransome pretended to be paid for him any summ it may as well be a Barretry of the Master of the Salamander as an act of an Englishman but whosoever he was that took him and whatsoever he had for composition undoubtedly the owner of the Salamander knew he could justifie the capture or they would not have compounded with him in the Ports of the French King their good Allie where they might have had justice against a Pyrate Benjamin Lanson Pretense Art 33. the son of Julien Lanson deceased represents that in the year 1655 certain Parliament ships took away out of the ship called the Medea Horman Suerinse Master these goods following 92 Pipes of Oyl 283. Chests of Soap 8. Bales of Cotten 102. Barrels of Sulphur 14 Bales of Galls All which belonged to the said Julien Lanson and that the said goods were placed in manner of Sequestration in the hands of John Sparrow Richard Hill Richard Blackwell Samuel Wilson Humphrey Blake and Robert Turpin being all Commissioners established by the Admiralty for Prize good That the 23. of December 1657. the very Admiralty it self ordered the said Commissioners to make restitution of the said goods or of the monies raised thereupon to the said Julien Lanson But that notwithstanding a constant solicitation of three years continuance for a dispatch the said Commissioners would not yet be perswaded to comply with the said sentence That in the year 1660. the said Commissioners were the second time formally condemned to the said restitution there being likewise adjudged to the said Lanson upon his accompt then produced the summ of 3385 pounds 2 shillings and 10 pence sterl or 36000 Florens Now in regard that the said Julien could never receive the benefit either of the one or the other sentence he demands it now with charges damages and interest To the 33. Article we answer Answer 33. That the neat proceed of the goods therein mentioned amounted to no more then 1841 pounds and that they themselves at last left the dispute undetermined so that if they did not receive the fruit they expected from the said Decree they may blame themselves for not making a more effectual prosecution William Belin de la Garde Merchant of Amsterdam Pretense Artic. 34. saith that in the Moneth of May 1655. some ships of the Parliament of England did carry to London a ship named the Hare in the Field John Kin Master and though by sentence of the High Court of Admiralty it was declared that three parts of the Goods should be discharged to wit 7 Bales of Linnen 1 Bale of Yellow Linnen 4 Cask of Mercery ware all belonging to the said De la Garde See for the Answer to this Pretense pa. 53. And though in pursuance of the said sentence most of the said Goods were restored to him yet so it is that a great part of those Goods were quite spoyled and the rest so perished and damnified that they lost much of their just value The same person complains again that one of his ships called the Cross of Jerusalem Peter Johnson Master Native of Purmerent being set upon and taken by a Vessel of the Parliament of England was in June 1655. carried to Plymouth and in August following to London That the said La Guarde having represented by certain persons whom he authorized the injury and violence that had been done to the said ship and having demanded the release thereof the Court of Admiralty finding themselves convinced by the force of Reason and Truth did agree to release her by a sentence of the 18. of June 1656. and did Ordain that the said ship should be restored to the said De la Garde together with the freight of the goods that were laden on her according to the Bills of Lading that were produced And forasmuch as the said De la Garde could not enjoy the effect of the said sentence but onely in part And that during the time of three Moneths while they said ship lay seized he could not onely make no profit but was likewise obliged to pay the Seamens wages and to entertain them with Victuals undergoing a great expence before he could obtain the sentence for which he demands to be indemnified The said De la Garde being interessed not onely in the ship and freight but also in two Parcels the one of 65 and the other of 3 Bales of Linnen of Roan did in fine obtain that they might be also comprehended in the said Restitution adjudged him by two several sentences the one of the 25 of February and the other of the 4. of July 1656. And forasmuch as all the said
apprehend him for his Insolence to a Vessel called The Blessing of London Cornelius de Lincourt Pretense Art 66. hath presented to their Lordships a memorial of Goods that his Father Jacob de Lincourt deceased left in the Island of St Christopher on the 5th of April 1655 which have been detained by him that commands for the King of England in the same Island under pretense that there ought to be a recovery made upon them for the losses which the English pretend to have suffered by the said Cornelius de Lincourt during the late War with England because he had taken some of their Buildings And forasmuch as the Commissioners established over the said goods to wit Captain William Tresilgem Captain Samuel Wintrym and Master William Jordan have declared that the Goods of the deceased are in their custody and of what Value they are according to the accompt of Sugars and Indico which they have Esteemed at 306100l. of Sugar and 750l. of Indico he demands Restitution with Indemnity To the 66. Article If the complainant have Right Answ 66. he must seek it upon the Island by course of Justice and his pretence ought not to be admitted against our Nation untill that be denyed Him Leonard Johnson Pretense Art 67. formerly Master of the ship called the Martin of Rossum of Middleburgh hath represented to the States an Authentick Copy Translated out of English being in effect a Declaration of the Governour for the KING of Great Brittain in Jamaica by which it is testified that the said Leonard Johnson Arrived the 16th of December 1661. in that Harbour with his ship and Company in a miserable condition having no more money then 50. Ryalls of Eight to supply their necessities he therefore obtained leave to fell 30 Negroes but afterwards desiring leave to sell all the rest of the Negroes he had it was refused him and he had his Pass-port to be gone But notwithstanding after his sayling from thence the 18th of February 1662. he returned thither again by mischance two dayes after and was presently Borded by some Seamen belonging to his Majesties Fregat called the Diamond commanded by Captain Richard Whiting according to the Instructions of his Royal Highness the Duke of York Lord High Admiral of England But the Governour having put all under a Guard caused the ship to be visited and finding that the said Leonard Johnson in the sale of his Negroes had not exceeded the Number that was allowed him and because there was no more found in his ship then 260. pound of which 218. pounds was carried to the Governour and 50. Negroes who were rated at 478. pounds sterling which summ being added to the 218. pounds makes in all the summ of 696. pounds sterling which the said Governour did remin to his Royall Highness or to his Order To the 67. Article Answ 67. The Admission of the complainants Ship first to Jamaica was a noble excess of charity in the Governour who took upon him to dispence with the Law to supply the complainants needs That the taking of the ship afterwards was what the Captain might and ought to do by Law and his Duty And if the complainant had any thing restored him he owes thanks for that and ought not to complain that a part was detained when the whole was Legally consiscable for his trading with our Plantations contrary to the Act of Navigation All the Interessed in the ship named the St. John Pretense Arti. 68. of which Leven Kachlaer of Trevere in Zealand was Master do complain that the said ship departing from Trevere in the month of January 1662. bound for France See this Answ p. 60. was met near the Coast of England by a Fregat Commanded by Captain Jacob Vangaber who made himself master of the said ship on the 29th of January 1662. and carried her to Rye in England It is further represented that Bartholomew de Jager Pretense Arti. 69. of Middleburgh Master of the ship called the Fortune a Vessell of 150. Tun or thereabouts departed form Middleburgh April 2d 1652. with the said ship and lading confisting of 450. Quintalls measure of France of salt of St Martin Twelve pieces of Aquavitae of Rochel which were laden at Rochel by Christian Denis and Maquet and belonging as it appears by the Bills of Lading to Regnier Martensse and Jacob Lievens Merchants of Middleburgh to go for Nieuport and that being Arriv'd upon the 5th of the same moneth before the Harbour of that Town at break of day he came to an Anchour and that early in the morning Three ships of the Parliament of England came up directly to him namely Two of the squadron of Vice-Admiral Goodson who lay before Ost-end and the third coming from the West who approaching the said Vessel made several shot at her so that the Master and his men were fain to leave the ship to save their lives having first nailed his Sea-brief to the main-mast to shew that both ship and goods were free He did also cause to be planted a white flagg joyning with it One of the Prince of Orange's to notifie that all was free But this signified little although the said Lievens had also given to understand that the ship was his for the men of the said Parliament Vessel came up notwithstanding with their Shallops to the said ship the Fortune under protection of their Cannon and took away Anchors Cordage Sails Cable c. and set fire at last both to ship and lading To the 69. Article Answer 69. we say That Vice-Admiral Goodson Commanded no Squadron of Ships in the Year 1662. and therefore if any thing was done of what is complained at that time it must be done by some other Nation Hierosme Cornelissen of Flushing Pretense Art 70. declareth likewise that he departed from Flushing on the 17th of May 1657. under the Convoy of John Thyssen for Ostend laden with bay-salt and that about two Leagues from the Town of Ostend two Fregats came up to him the one Commanded by Captain Lambert and the other by Captain Groff the latter of which pillaged him But however the said Captain promising that he would restore the whole to him See for the Answer to the Pretenses 70 71 72. in pa. 60. provided he would give him a Declaration that he had not been damnified by him which the said Cornelissen consented to but after the giving thereof he could get no more of him then nine Livres de gros His losse amounting besides that to 13 Livres 16 Solz and 9 Deniers de gros and that of his man to four Livres de gros of which he could not obtain Restitution All the Interessed in the 19 ships that went from Flushing the 6th of August Pretense Arti. 71. 1656. under the Convoy of Captain John Tyson do represent that the said ships being Arrived near Blanckenburgh did there meet 6 or 7 English Vessels who attacqued them being laden with Wine Brandy and Salt and fired upon them furiously took and sunk 5 or 6 so that there Arrived at Ostend but 13 or 14. Cornelius Janssen Pretense Anti. 72. Peter Bogart John Andreessen Masters of ships dwelling at Middleburgh and Flushing do Remonstrate That sailing in the Year 1659. with their ships and Merchandizes which were not Contrabanda towards Ostend were driven back by certain ships in such manner that they were constrained to return to the place from whence they departed and where they were freighted which did them a great deal of wrong and they have reason to demand to be Indemnified The ship named the Town and Country Adjacent Pretense Artic. 73. belonging to the West India Company of the Chamber of Groninghen was taken by the English in the Channel with the Merchandizes thereunto belonging and Depending When we know the Captain that took her Answ 73. and time when and where any claim hath formerly been made an Answer shall be given FINIS
ratified by the States in haec verba Et praeterea Statuimus ac Ordinamus ut praedicta Societas Belgica cedat ac restituat Societati Anglicae praedictae Insulam Pouleron eo in statu conditione in qua nunc est ita tamen ut licitum sit dictae Societati Belgicae tollere amovere ex insulâ praedictâ apparatum Bellicum Merces Suppellectilem omnia mobilia si quae fortassis in dicta insula habeant So that then the word of Restitution us'd in both those Articles evinceth our original right to it and convinceth them of their Injustice in dispossessing us and deteining it so long from us And neither of those Articles obliges us to any Formalities of the King's Commission or more then a bare Demand of it when we had a mind to receive it And our Ships that were sent to possess it being departed as they confess before the conclusion of the Treaty in 1662 and That Treaty containing nothing that derogates from the two former Treaties they cannot but with monstrous confidence accuse us of proceeding irregularly especially when it shall be considered that our Ships carried not onely the King's Commission under the Great Seal to possess and plant it but even Orders also from their States and Company Dated the 18th of October 1660. The receipt of which the General and Councell of Batavia acknowledged by their Letter of the 8th of November 1661 and though in the same Letter they say that since the Date of those Orders they had by their last Ship out of Holland received Intelligence that new debates were arisen between the two Companies and therefore we could not with Reason demand surrender of the said Island until they had farther Intelligence from their Masters in Holland yet our Commanders had both the Order of their Masters and a just title to the liberty of sailing into those Seas to Trade without the Hollanders leave or disturbance Nor was there any colour of Jealousie given to the Dutch of any hostile design when the English Commanders declared their Resolution to follow their Masters Orders and went onely with two Merchants Ships provided for Trade and planting the Island if it had been amicably delivered as it ought to have been and therefore we think it had been ridiculous and imprudent for the Commanders of our Ships to have desisted from the prosecution of their Voyage and demanding the Island upon the place as it is in them now to demand of us satisfaction for the expence of those forces which they say they sent to affront his Majestie and keep us from our right while under the Fictitious Pretense of a Jealousie they designed according to their usual practise to give us a forcible and real interuption in our just course and liberty of Trade for which we hope in time to receive satisfaction and security against the like in future After that the East-India Company of these Countries had in the year 1655. Pretense Art 5. Vide page 22. for the Answer really paid in England under good and sufficient Acquittance the Moneys contained in the Arbitrary sentence pronounced in the year 1654. by the Commissioners named on both sides amounting unto the sum of 88615 l. Sterling by which they thought to have fully stopped all pretenses and therefore might safely order their Ships to take in their return the usual Channel and to those that they dispatch'd from hence to land in England as if they should be thereunto forc'd by storms or contrary winds there to expect fair weather and a favourable wind Nevertheless the English did not omit to raise new actions and pretenses against this Company as soon as they heard in the Month of Sept. 1657 that there was arrived in the said Channel a Ship of the said Company call'd Henrietta Louisia and they obtained presently by direction of their Admiralty a Warrant or Commission to make a Seizure of the said Ship and of its Cargo to the prejudice and contempt of the Treaty so lately made with them and That under a frivolous pretense of the English-East-India-Company for the sum of 100000 l. Sterling and of the Commissioners Established upon the disaster of Will. Courteen after his Bankrupt of the like sum of 100000 l. But the said Ship having very happily escaped their hands the Admiralty did anew grant in the Month of November following a second leave for seizure which was effectually executed upon the Ship call'd Sterling which being departed from hence to go to the East-Indies was forc'd by storm to Harbor at Portsmouth so that the Company of this Country seeing the irregular and unjust proceedings of the English to prevent such like inconveniences for the future hath been obliged to order their Ships instead of passing the Channel in their return to go about by Scotland and to take their way Northward as they did formerly which does not only cause that the Merchandizes arrive and are sold later every year then before to the great damage and prejudice of the Company which is thereby obliged to pay greater Wages and their men are expos'd to greater and longer dangers and suffer greater damages and inconveniencies but they are also oblig'd as well for the safety and preservation of their Fleet when it is coming home as for the refreshing of the men who coming from that Country hot do suffer by the cold in making so long turns by the North to fit every year a great number of Men of War and Pinnaces to send before to meet them by the North. The Charges disbursed and that must yet be disbursed to that purpose and the Damages amounting to a most considerable sum as it shall appear by the Accompt that shall be thereof given From the time that the Company of these Countries did understand that the grant of seizing the said Ship Pretense Art 6. Vide page 22. for the Answer call'd Henrietta Louisia was given because that about That time they did expect the two Ships call'd Arnhem and the Castle of Honigen which were to return by the Channel they found themselves obliged by a warrantable apprehension and necessary care to cause some Men of War and Pinnaces to be made ready and to depart with speed to meet and convoy the others So that the re-imbursement of those charges may justly be demanded from the English Furthermore Pretense Art 7. Whereas the Company abovesaid apprehended some like seizures in all the Ports of England they have been obliged expresly to forbid the Ships they dispatch from hence to enter there or cast Anchor in the Road which is the cause that many of their Ships finding themselves often surprized by storms have been forc'd to come back and enter into the Ports of these Countries to stay for a more favourable wind to the great prejudice of their Voyage and exposing themselves to great danger the damages thereby suffered and by those delays amounting to a sum also very considerable To the
improve all ways and means to discourage us in the Trade And whereas in the Close of this Article the Netherlands Company presume to prejudge the differences now depending and to instruct both Our and Their Sovereignty in what they assume to judge to be their duty We shall onely say that when his Majesty shall in his Royal Wisdom think fit to establish any regulation between us we shall dutifully and cheerfully conform to it Amongst others an English Ship called the Surat Merchant Pretense Art 12. being in May 1662 on the Road of Gameron did force a Moorish Ship of Matulipatuan which did carry two Flags of This Estate to strike down and to take them off in the view of all the World which was no small affront to the whole Nation To the twelfth Article Answer 12. we say We know nothing of it but were it so That Company could not have had the Impudence to have made it an Objection that an English Ship riding with the English Flag would not suffer the States Colours upon a Moors Ship to be born up in her presence unless they concluded themselves both Sovereigns of the Indian and Persian Seas and Masters of the English Nation at Home But perchance they fancy that this their frivolous and unknown complaint might serve to ballance that unsufferable affront that was offer'd in February 16 62 63 to the English Flag of Saint George at Swallow Marine in presence of the English Nation when Captain Bence Commander of the Holland Ship Gouldstloome Riding Admiral there first made faste the said English Flag to the Star-bord list of the main-top-sail yard where it hung half an hour and was thence remov'd to the head of the main Mast and thence down to the Top and there remained all day under the Dutch Flag And the same day the Dutch landed and marched with their Flags flying round the English yard in derision of the English Flag there on shore and that they did the like with higher Insolence about the English House in the City of Surat it self Whilst the Forces of This Company did besiege lately the City of Cochin Pretense Art 13. the English which were in the Port of the said City so far forgot themselves as to serve the Artillery of the said City against the Besiegers and this directly against the Treaty made here with them in the Hague the 6th of February 1659. which saith expresly that both the Companies shall live quietly and in good Intelligence together and shall reciprocally shew one another proofes of friendship as well in the East-Indies as elsewhere for which the said Company of the Low-Countries doth demand reparation and satisfaction To the thirteenth Article we say Answer 13. We know not that any of our men served as Gunners in the Town of Cochin against the Hollanders or if they did it is like it was done in defence of This Companies Interest There which the Hollanders had equally designed for destruction with that of those whom they call their Enemies and when our differences come to the test it will then appear which of the two Companies hath observed or violated the Articles of Amity made in Anno 1659. Whilst in the Month of April Pretense Art 14. 1662. some Sea-men of this Country were about diverting themselves neer the Road of Suali in a Village call'd Selein Dammetyens they were not only ill-used with Cudgels by some English which hapned to come in but also three of them were so much wounded that one call'd Paul Francis Schoone fellow or Adjutant helper to the Gunner in the Ship called Buyenskereke dyed of his wounds two days after without any punishment inflicted on the Offenders by the English President of Surat called Matthew Andrews although he was summoned and motion'd to do it Therefore This Company cannot chuse but demand reparation of the affront and wrong done to the whole Nation and is oblig'd to maintain that there is an obligation to punish the guilty exemplarily To the fourteenth we say Answer 14. We conceive that neither This nor the tenth eleventh twelfth and thirteenth Articles being matters of State and not of Trade do fall within the Cognizance of the fifteenth Article of the Last Treaty and therefore ought not to be here admitted But yet we Answer that we know nothing of Paul Franc Schoone his being bastonaded by the English to death onely we find by good and sufficient Attestation dated at Sualy in March and April 16 62 63 that about that time three Dutch-men assaulted two English-men in the open field and one of the Dutch with his drawn knife struck at the face of one Wilks who receiv'd the stab on his hand and when the Dutch-man was making a second stab at the other English-man one Brewer whom he wounded in the Arm Brewer in his own defence stroke the Dutch-man with his staff over the face and felled him to the ground and if the Dutch-man dyed of the blow the English-man cannot be accused of a murther when what he did was se defendendo But on the other side we found that in April 1661 Joseph Goodson an English-man and other English-men were barbarously assaulted at Sualy by the Chyrurgeon of the Dutch Ship Henrietta Louisia and one John Abramson with drawn swords and run into the belly the said Chyrurgeon and in few hours after dyed of his wounds And another English-man one John Jones endeavouring to rescue the said Jos Goodson was then likewise slain by the two Dutch parties That upon the 16. of March 1662 about 30. Ans 14. Hollanders entered into the English Bazar with Lances Swords Clubs c. and Colours flying and enquired for English men swearing by their Sacrament and threatning the Death of all the English they could meet but finding none they brake into a mans house adjacent where they found an old man a Servant of the English Company to whom they gave four Mortal wounds and left him And now let the whole world judge whether the English or the Dutch bee the affronters and Murtherers That on the 14 of April Preten Art 15. 1658. the great Barque of the Holland-West-India-Company coming from Curaso was attacqued in the open Seas and brought to Jamaica by an Englishman of War named Sabado That the said Barque was not only arrested at Jamaica until the 23 of the same month but also during that time there was taken from her the sum of 900 Livres and therefore the said Company do demand satisfaction for what they have suffered by the said Encounter and by the retardment of the said Barque and restitution of the said 900 Livres To the 15. Article it is Answered Ans 15. That we have heard that about the time alleadged there was one Sabado who had Commission to be a private Man of War from Lieutenant General Branio but knew nothing of any such Prize taken by him or that was brought into Jamaica The said Company do say
unlade the said Galles according to his Bills of Lading there came upon him one Lawrence Lowe as being empowered from Sir Andrew Richaut Governour of the Levant Trade in England who under a far setch'd and frivolous pretence caused the said quantity of Galles to be seized And for as much as fince by a sentence of the Schepen of Amsterdam of the 7 of February 1653. the same seizure was declared to be injurious and the Acter thereof condemned to restore the same with the expences damages and interest and also that during the time of the said seizure the price of Galles was much faln they pretend to be Indempnified To the 23. Ans 23. Article it is Answered That if the Sebepen of Amsterdam discharged the arrest and condemned the Arrestant in cost damage and interest the same Court ought to have taxed it and the Complaynant to prosecute the Execution there while the person was upon the place and may not seek satisfaction here But the Judges knew very well that those goods were part of the charges of two English Ships the Reformation and Free-trade that were attaqued by a Holland Ship the Mary under the Hollands Flag and taken by a Spanish Commission contrary to a security given by the owners of the said Ship of War before her departure from Amsterdam that she should not disturb nor prejudice any English Subjects within one year from that time so as it is likely those Judges thought it kindness enough at that time to let their fellow-burger remain in possession of what was pyratically taken and not to punish the Arrestants farther for demanding what was their own And this complaint of Vanhultens will finde its decision in the ajustment of the general demand of the English for the restitution of the whole lading of both Ships which his Majesty's Envoy extraordinary is and hath been ever since in persuit of The same Vanhulten Preten Art 24. and his Associates do further represent That although in the year 1655. the King of Spain being then in hostility with England and France issued out a severe Prohibition against the entrance of any Ships or Goods from either of those Kingdomes into any of the Ports whatsoever of his Catholick Majesty yet his said Majesty dispensing for a while to his Subjects the rigour of that Inhibition was pleased to permit a Commerce with the French suffering them to enter his Ports both with their Ships and Merchandizes And that the said Vanhulten and his Associates building upon that Permission caused to be bought at Rouen the same year 69 Bales of Linnen and laded them in the Ship call'd the Hare in the Field John Kin Master to carry them from Havredesrace to Cadiz in Spain That in June 1665. the said Ship pursuing her Voyage was assaulted taken and carried to London by a Squadron of English Ships under pretence that she was a French Vessel That the said Vanhulten and his Associates reclaiming their Goods made it evidently appear that they did not belong to French-men but were onely bought in France upon their accompt and so charg'd and addressed to Cadiz which being prov'd to the High Court of Admiralty of England the said Court being fully satisfied as to the matter of Fact did by a sentence of the 23 of Febr. 1665. discharge the said Goods as having been seized against all Right and Reason That immediately after the said sentence given the said Merchandizes were again laden and the said Ship resumed her course to Cadiz But in the mean time the Term of the said Permission or Dispensation being expired the said Ship coming to Cadiz was there seized and confiscated with all her Lading July the 30. 1665. Now in regard that all these Disorders happened onely in consequence of this vexatious and perverse manner of proceeding of the English and from that Delay which was but an effect thereof the time of freedome being so far spent during this Dispute that it was impossible to finish the Voyage before it was out They have reason to demand to be Indempnified To the second complaint of the said Vanhulten Ans 24. in the 24. Article we find by the Acts of the Admiralty Court the Ship the Hare in the field with all her Merchandizes except those that were condemned for lawful prize were the same year restored and that the owners of the said Ship could have no expenses nor damages she being taken with an enemies goods in her which was just cause enough for the taking and seizing of her and bringing her in Isaac Fawquier Preten Art 25. and his Associates of Amsterdam do say that it is true that one of their Ships named the Cavillia Anthony Balthensen Master did lade the 13 of January 1658. in the Island of Sardinia 2756 Salmes of Wheat to carry to Valentia at the rate of 11 Ryals freight for each Salme and that withal he had taken on board his Ship a Spanish Marquess with a quantity of baggage that he had promised to carry for 600 Ryals of 8. That the said Ship being arrived at Valentia and busie in unlading her Wheat there arrived in in the same road three English ships commanded by Captain John Stoakes who took the said Ship with part of the Wheat not yet unladen and with the Goods and Baggage of the said Spanish Marquess carried them to Marseilles without allowing the Master any thing for his Freight neither did the English Commander make him satisfaction for the retardment of his Voyage nor for the Wages of his Seamen for that time To the 25. Ans 25 27. and 27. Articles we Answer That the Ships were taken by Capt. Stoaks in the time of an open War between England and Spain and that the complaynants do not say but their goods were contra banda and good prize and therefore it is conceived there could be no pretence to the Freight for the Ships were likewise forfeited and if they had them freed it was of Grace much more if any freight was paid them and therefore they ought to give thanks and not complain John Rombouts Merchant of Amsterdam Preten Art 26. saith that one of his Ships named the Golden Royal of which Cornelius Isbrantson Smit was Master belonging to Flyland was taken in January 1661. near the Dogger Sand by a Scotch Man of War the Capt. called Wutworth and brought to Leith in Scotland and that the said Ship being reclaim'd by the Proprietors who made great and seriours Endeavours with his Majesty the King of England he was pleased to order the delivery of the said Ship in October next following but immediately after the release of the said Ship she being in disorder the Master repaired and fitted her with Guns Victuals Artillery Ammunition and all other necessaries And she being ready to sayl into Holland his Majesty was pleased to revoke the Release he had made whereupon the Magistrate of Edinburg made himself again Master of the said Ship by force and
Merchandizes were not delivered to the said De la Garde nor to his Assurers to whose use he had made over the profit of the same And also that by the long seizure and other mischances that happened thereupon their value was diminished by one quarter Whereas on the contrary if the said English ship had not done them this Injury there had been got at least 30. per cent so that the said Complainant doth believe that he may demand to be Indemnified The same De la Garde doth complain that one of his ships called the Golden Fortune Francis Johnson of Amsterdam Pretense Art 36. Master was taken in July 1655. and carried to Poully by Captain Green being then in Commission and under Oath to the State of England and forasmuch as the said De la Garde did make it evidently to appear that when the said ship was taken and reclaimed the propriety was solely in himself and that the said Captain had extreamly abused his Commission by vertue of which he could not Arm himself but against the Subjects of the King of France The said High Court of Admiralty by their sentence of the 28. of July 1655. did not onely decree a full release of the said ship but did also order That the said Henry Green and all others should restore the said ship with her appertinences without any reserve and also to pay to the Owners the freight which the Master of the said ship was to have had for the carriage of the said Goods that were found aboard her and taken by the said Henry Green And though according to the said sentence the said restitution ought to have been effective and the payment made yet so it is that the said freight was not paid nor the ship restored until they had taken away and pillaged more of what did belong to her The same person doth further complain Pretense Art 37. That in August 1655. one of his ships named the St. James Peter Johnson of Amsterdam Master returning from the Maderas toward Amsterdam was assaulted taken and carried to Dover by an English Captain Edward Goodwin by vertue of a Commission from England That the High Court of Admiralty being duly informed of the injustice of the Prize did give release to the said ship and by a sentence of the 28. of November 1655. ordered the said Edward Goodwin to make speedy and full restitution which was not done and the said De la Garde did not enjoy the effect of the said sentence but onely in part the restitution having been made by little and little in four Moneths time and therefore he demands his damages To the 34 35 36 and 37. Articles Answ to 34 35 36. 37. Art The complaints therein contained are to be answered as to the complaints of Van Hulten set forth in the 21 Article viz. that there is no complaint entered in the Admiralty that can be found whereas not onely complaint ought to have been made but likewise proof of the Truth of such complaint which being not done there can be no cause of Complaint now made of the want of Justice himself not prosecuting any farther to have the said Sentence put in due Execution Nor can they make any Demand here in regard the ship was taken in the time when there was Hostility between France and Cromwell and the said L'Guard being a French-man Godfrey Wassemburgh dwelling at Amsterdam Pretense Art 38. complains that an English ship commanded by Captain Christopher Mennys did in the Year 1658. near the Barbadoes take the ship called the Charity which he carried with her lading to Jamaica where he caused the said Goods by Order of the Admiralty of England residing in that Island to be discharged and amongst the rest two Cases of fine Linnen belonging to the said Wassemburgh And further that since Oliver Cromwell who took upon him at that time the Stile of Protectour of England knowing that the said ship the Charity was an English Vessel set out by English Merchants some living at London and others in this Country to whom the Trade of Barbadees was not forbidden did declare that the said ship and goods in her were free so that a good part of the said Merchandizes was restord to the owners Nevertheless the said Wassemburgh could never obtain restitution of those two Cases of fine Linnen To the 38. Article Answ 38. We Answer That it is true that Captain Mennys did take such a ship which was afterwards restored entire as it was brought in save only what might be plundered by the Seamen which no care can prevent but by the Act of Navigation the whole ship and goods ought to have been Confiscated but the Intention of the Law was deluded by some English Men pretending a Propriety in the goods who never since made any demand of the goods mentioned in this Article John Van Wickford and his Associates Pretense Art 39. do complain that one of their ships called Campen was attacqued taken and carried to Jamaica by Three English Fregats and that the said ship was since released after it was known that it was not laden with any goods of Contrabanda But in the mean while there was taken out of her a Quantity of goods and by reason of this stop the ship could not accomplish her Voyage for which they demand Satisfaction To this 39. Article Answ 39. we Answer as to the Preceding Complaint William Van Meekerel and his Associates Pretense Art 40. Proprietours of the ship called the Peace and of her Cargazon do complain that on the 26 of Feb. 1655. the said ship having taken in some Slaves upon the Coast of Guyne and that she had put them off for Sugars at the Barbadoes where she had also traded for Elephants Teeth and other Merchandize was attacqued upon the open Seas and carried to the Barbadoes by a Parliament Vessel of England of the Squadron of Admiral Penn. And although the Interressed made their Complaint and represented the Injuries and Wrongs that had been done them unto Cromwell which Complaints were from time to time seconded by the continual Instances of the Embassadours by Order from the States yet so it is that they could never obtain any satisfaction neither for ship nor goods for which they now demand it To the 40. Article we Answer That the said ship Answ 40. the Peace was taken as trading contrary to the Act for Navigation and according to the practise of the Holland West India Company who constantly give Letters of Mart to all their ships to take Vessels that trade to any of their Plantations Abraham and John Clawsen Ritsert Merchants Pretense Art 41. dwelling at Rotterdam do represent that the ships Red Lion and Golden Port upon each of which they had Ensured 2000 Florens departing from Bourdeaux in May 1661. and arriving at New found Land the 14. of June following were there taken by an English ship of War called the Jersey
Richard Hacks Captain who pillaged her and took away her best and most Valuable Goods and sent her afterward to Portsmouth And though upon the 5. of October following the same ship and Goods were declared free this yet notwithstanding the Restitution was not made but in part the Goods that were taken away remaining in the hands of those that took them Now forasmuch as in the Quality of being Ensured they were condemned the 30. of April 1661. by two several sentences of the Commissioners for Sea Affairs and Assurance of Rotterdam to re-imburse and indemnifie the interessed in proportion to what they signed for the loss that they have suffered upon the said Merchandizes And that the said loss hath been since valued by Arbitratours upon the ship the Red Lion at 44. and the ship the Golden Port at 38. per Cent. They demand Satisfaction To the 41. Article Answ 41. We say that the ship was taken trading contrary to the Act of Navigation and therefore Legally Confiscate and if any thing was restored it was of Grace and though the Interessed might have recourse upon their Assurers who were obliged to Indemnifie the Assured against all kind of Losses yet the Insurers had no colour of pretence against the English Paul Timmers Pretense Art 42. and his Associates dwelling at Rotterdam do say that one of their ships named the Stroy Yoncker Jum Alberts Master coming for Bourdeaux laden with Wines and Aquavitae was in the month of July 1661. attacqued and taken near the Maaz and carried to Dover by an English Captain named John Penny and though it were easie to make it appear Evidently that the said ship and goods were taken from the Owners without Justice and Reason so that they ought to have promised Restitution without delay especially such earnest and pressing Instances being made for the same And that the Injustice of this Action was sufficiently represented to the High Court of Admiralty who ought to have taken Cognizance of it Nevertheless the said Interessed after they had taken much pains and been at much expence were obliged to Compound with the said Captain Penny upon very unjust Conditions and to give him 200 l. sterling though the Wine were in part spoiled and that the rest had lost the half of its value after so long a time To the 42. Article We say Answ 42. That if the Complaynant had not the patience to attend the due proceedings of the Admiralty for a decision of his pretended right but Anticipated it by a voluntary composition with the Captain It must necessarily be concluded that he was conscious of his guilt and therefore durst not stand the Tryal Simon Tunemans Pretense Artic. 43. and his Associates dwelling at Rotterdam do Complain that having in July 1662. sent one of their ships named the Swan to the fishing of Whales in Green-Land was hindred from the beginning of his fishing See 58. for this Answ and so evilly entreated by an English Man of War that took all his Shallopps Cordage and Nets Oares and Sails and all his necessary Instruments that finding himself no longer able to continue his fishing he was constrained to retire and return to Rotterdam for which he demands Indempnity The same doth further represent Pretense Art 44. that another of his ships named the Collier Gerard Cornelisen Master coming from Bourdeaux was taken by an English Man of War and carried to Portsmouth See 59. for this Answ and he alledgeth that the damage he received in that Encounter ought to be made good to him cum omni causâ accessione Henry Van Leith and his Associates Pretense Art 45. dwelling at Dort doe represent that in the year 1661. one of their ships called the Prince William John Werbeck Master being at Anchor at the entrance of the Harbour at Plymouth under the Canon of the Castle was attacqued by the Burgesses and Inhabitants of that place who took from him his Sails Cables Cordage and other necessaries That the said Burgesses not daring to bring the said ship into any Harbour because they knew there was none could approve of the Pyracy extorted from the Master of the ship by way of Ransom the summ of 26l 10. shil sterling To the 43 Answer to 43 44 45. 44 45. Articles we can give no Answer untill the Persons complained of be Named and the Circumstances more Explained The said Henry Van Leith Pretense Arti 46. and his Associates say yet further that on the 2. of June following the same ship being Arriv'd before the same Harbour of Plymouth was again Attaqued by a Captain named Stephen Evers apparently at the Instigation of the said Burgers who took him and carried him into Ireland and though they made the most Active Instances and all possible endeavours for it yet so it is that they could not obtain the Restitution of the ship or Merchandizes nor the value of the one or of the other To the 46. Article Answ 46. That Stephen Evers was no English Man nor had any English Commission and therefore we cannot Answer for Him The Proprietours of the ship named the steeple of Dort Pretense Arti. 47. as also Jacob Vandergraff Isaac Biesheuvel and their Associates as Freightours and Proprietours of the goods do say that the said ship being sunk at Harwich the Burgers of the Town and the Souldiers of the Garrison of the Castle instead of succouring and comforting the Master of the said ship in his misfortune as they were obliged did cut his Sails and Cordage and put him quite out of condition to set sail and after this they pillag'd his ship and took away the goods that were laden upon her so that the Interessed could not recover any thing neither in part nor in whole notwithstanding all the endeavours they used so that it cannot be denyed but that they ought to be Indemnified with Costs and Interests To the 47. Article That no time is mentioned Answ 47. nor persons named that are complained of nor is it alleadged that any Appeal was made for Justice John Pychen Theodore Van herweere and their Associates Pretense Arti. 48. all Merchants dwelling at Dort do say that one of their ships called the Prince whereof Laurence Davids Captain who was taken near the Caribes by five English ships and brought to the Barbadoes under pretence that the said Laurence Davids might discover the design the English had to surprize the Island of Jamaica And forasmuch as by reason thereof the said ship could not finish her Voyage they thereby lost the profit which they did infallibly believe to make as well upon the Cargason as upon the Return and on the contrary by that hinderance they suffered great Losses and pretend to be Indemnified To the 48. Article It is Answered Answ 48. That the Complainant doth not affirm that ever he made any demand of Satisfaction nor have we any Evidence that he received any