holy Father the Pope the Apostolical See the Emperor of the Romans all the Archdukes of Austria and all the Kings Princes Republicks States and particular Persons who as Allies of this Crown were named in the Treaty of Peace made at Vervins 1598. and who shall have preserved and do at this day preserve themselves in that Alliance To whom are added now the United Provinces of the Low Countries and the Duke of Guastale as also shall be comprehended all such others as by common consent of the said Lords and Kings shall be named within a year after the publication of the present Treaty to whom as also to the aforenamed if they desire it in particular Letters of Nomination respectively Obligatory shall be given to enjoy the benefit of the said Peace and with expresse Declaration That the said Lord the most Christian King shall not have power directly nor indirectly by himself or by others to molest any of them And if he hath any pretensions against them he shall have power only to prosecute them by Right before competent Tudges and not by Force Mr. John Darrel 's deposition before one of the Masters of Chancery concerning the Dutch Agreement with the Portugals in 1644. IOhn Darrell of the Parish of St. Giles Criplegate in London Merchant Aged about Sixty and six years deposeth and saith That he the said John Darrell was at Goa a Portugal City in East-India in the imployment and service of William Courten Esq in the Month of January 1644. old Sile and that on the 25. day of the said month being Saturday a Dutch Ship bound from Surrat to Batavia came and Anchored without in the road of Goa and that four or five Dutch-men came then a shore to the English or Factory there and related to Mr. Courten's Agent John Farren and to this Deponent that upon an Agreement made between the Dutch and the Viceroy of Goa they were to pay unto the Portugalls the summe of One hundred thousand Rials of Eight Spanish for satisfaction of the Portugal goods taken in the Ship Bona Esperanza bound for Maccao in the Imployment of Mr. Courten and others and that twenty thousand of the said Royals should be detained for Mr. Courten towards his damages although it were not so expressed or agreed And this deponent further saith that on the next day being Sunday and the 26. of January one Senior Vanderstell being chief of the Dutch Factory at Vingerly neer Goa with three others and a Churchman came to the said City of Goa and visited the said John Farren and this Deponent at the English house there and brought with them Fifty thousand of the said Rials to pay unto the said Portugal Merchants according to the agreement with the Viceroy aforesaid and said moreover that they had Order from the Governour and Councel of Batavia to defalk and detain Twenty thousand Rials towards satisfaction of the English interessed in the Bona Esperanza and that they had likewise order to present Mr. Farren Mr. Courten's Agent with a considerable summe of money to procure an accommodation and composure of the difference with the persons interessed in the same but further cannot depose John Darrell Sworn this 14 of March 1661. before Sir Nathaniel Hobart one of His Majesties Masters of Chancery in the 14. Year of the Reign of King Charles the Second Nat. Hobart The Deposition of Tho. Newman Merchant taken upon Oath the 28. of January 1662. before Sir Walter Littleton Knight Dr. of Laws and one of the Masters in Chancery THomas Newman of the Parish of St. Botolph Aldgate in London Merchant Aged Forty seven years or thereabouts maketh Oath that he the said Deponent was Cape-Merchant and Factor of the Cargazone in the Ship Bona Esperanza belonging to Mr. William Courten late of London Merchant and others And that he this deponent in the year of our Lord 1643. making a Trading Voyage from Goa to Maccao was violently taken by the Dutch East-India Companeys Ministers in the Straits of Malacca to his own particular damage at that time the Sum of 1400 l. sterling and saith that to his own knowledge the several Depositions of Robert Gray Andrew Wetton Francis Hill Richard Smith Richard Wheeler William Page and Thomas Lamberton since deceased are all in substance true he the said Deponent being an eye-witnesse thereof and long acquainted with the trade of India and parts adjacent and this Deponent saith that after the Dutch Men of VVar had violently seised the said Ship murthered the Master and several of the Mariners wounded eleven others and taken both the Portugals and English goods out of her being a good new Ship and well built took the said Ship with the Guns Ammunition and Provision to Goa to the rest of their Fleet and carried him this Deponent with Captain William Gurley Captain of the said ship and the Mariners to Malacca where they were all detained Prisoners for the space of six months and very inhumanely used and afterwards sent to Batavia and this Deponent saith that Captain Gurley with grief for his losses and ill usage as he was bound for England in the year 1644. died in a Dutch ship called the Whale Fish whereof the Heere Caune was Commander who sold all his Clothes and some Jewels that he had at the Main Mast amongst the rest he this Deponent offered 250 Gilders for a Diamond Ring but could not have the same which were all converted to the use of the said Caune as this Deponent believeth And this deponent further saith That as to the 2750. l. sterling left at Maccao in a former voyage being to remain upon agreement there for the space of three years for several privileges granted in Ports and Trade and provided that if Mr. Courten and Company sent any other Ship and Merchandizes thither within that time then the said 2750 l. should be paid to the said Courten in China goods at price currant otherwise the said money to be lost And this Deponent saith that he this Deponent and Captain Gurley received Orders and Instructions from John Farren President for Mr. Courten at Goa concerning the same to act therein accordingly but the Dutch having taken away all their Chests with Papers and Writings and disappointed them of their Voyage whereby the said money was lost And this deponent saith that by reason of the said spoils and violence committed by the Dutch Mr. Courten's Factories at Atcheene Batacalla Rajapore Goa Carwer and Vizapore were disappointed of relief and reputation whereby they were forced to sell off what they had for their own subsistance But as to the particular damages of the 72000 l. sterling of Mr. Coutten and Company in the loss of their Goods and the intended voyage to Maccao as aforesaid he this Deponent referreth himself to the depositions taken in his Majesties High Court of Admiralty as aforesaid Thomas Newman Mense Januar. 28. Anno 1662. Jurat coram me Walter Littleton Milit. Legum Doctor uno Cancelar
Subjects aforesaid Nevertheless in the said Commission His Majestie declared His meaning and intent that the old East India Company shall not be restrained hindred or impeached of in or from a Free Trade and Commerce to any of those Parts any thing to the contrary notwithstanding Saving and excepting a certain clause in the Grant concerning the Discovery of a Passage into the Atlantick Sea and the Benefits thereby accruing and the Land to be discovered and taken possession of by the said Sir William Courten and his Partners as aforesaid Provided also that Sir William Courten and other the Adventurers with him their Agents and Assignes shal not be privileged licensed or enabled to Trade where the East India Company had setled Factories Plantations or Trade before the 12 th of December 1635. And to shew a signal testimony of His Maiesties favour to this Foundation there was in the said Commission power and authority given to make use of His Majesties Common Seal ingraven with a Lion passant gardant between three Imperial Crowns to seal all Letters Certificates and matters of Concernment in the said Trading Uoyages And as a further ensigne of His Majesties most gracious care for the safety and preservation of the Shipping in that Imployment did authorize and require Sir William Courten his Partners c. to carry in all their Ships the same Flags and Colours which the Kings Ships and none else ought to bear And in persuance of the said Commission Grants and Authorities aforesaid the said six Ships were set forth and sent to the Parts and places aforesaid Sir William Courten having upon his owne accompt adventured the Summe of 120000 l died being indebted to several persons that had lent him many great Sums of money upon his owne and his Son William Courten's personal Security His Majestie then minding to give all further incouragement to the surviving Adventurers did of His especial grace certain knowledge and meere motion by His Letters Patents under the Great Seal of England bearing date the first day of June 1637. grant ratifie and confirm unto Endimion Porter William Courten Son and Heir and sole Executor of Sir William Courten Thomas Kynaston Samuel Bonnell Captain John Weddall and Nathaniel Mountney and every of them their Partuers Agents and Assignes all the said Powers Privileges and Authorities mentioned and contained in the former Commission with license from time to time during the space of Five yeers next following to set forth and send one or more Ship or Ships Uessel or Uessels well fitted and provided for Trade to the Parts and places aforesaid Captain Weddall and Mountney with the former Ships having Traded for the space of Eighteen moneths upon the Coasts aforesaid purchased several places for Factories neer the Sea and possessed themselves of some Uacancies of Land lawful for them to do and then sent home the Sonn and the Planter richly laden with Goods to a great value The Hollanders perceiving that both the Indians and Portugals had naturally more kindness for the English than the Dutch Envyed thereat and sought all indirect means and practises as formerly they had done to destroy them and their Foundations declaring all men to be their Enemies that dealt with the English Afterwards Capt. Weddall and Mountney as they were bound homeward for England in the Dragon and Katharine laden with Oriental Wares and Merchandizes to the value of 150000 l Sterling and upwards neer the Cape Bona Esperanza were most barbarously murthered by the Dutch and the Ships both sunk as by strong presumptions and relations of several persons hereafter mentioned may appear which put the Company upon great streights William Courten then Borrowed the Sum of 28800 l. of Sir Paul Pindar Knight upon his personal security in the same yeer his Father died towards satisfaction of such persons that called in their moneys afterwards prevailed with Sir Edward Littleton Baronet his Brother in Law to become bound with him for divers great Sums of money to divers other persons amounting to 68000 l. or thereabouts which was taken up at Interest to carry on the said Trade in India as aforesaid And in the Yeer 1641. having with his Partners set forth seven other Ships well provided and furnished with Gold Silver Merchandizes Ammunition and other provisions fitting for East India Uoyages did by an Indenture or Bill of Sale bearing date the 26 of Aprill 1642. made between the said William Courten of the one part and Sir Edward Littleton of the other part recite the said Letters Patents And whereas the said William Courten and the parties named in the said Patent in persuance of the powers and authorities therein granted had set forth and sent out to the East Indies and places before mentioned the said 7 Ships herein particularly mentioned viz. The Loyalty of London of the Burthen of 340 Tons or thereabouts under the charge and Command of John Durson Master the Bona Esperanza of London of the Burthen of 240 Tons or thereabouts under the charge and Command of John Dowrifh Master the Hester of London of the Burthen of 230 Tons or thereabouts under the charge and Command of Robert Hogg Master the Unity of London of the Burthen of 160 Tons or thereabouts under the charge and Command of Henry Russell Master the Paradox of London of the Burthen of 120 Tons or thereabouts under the charge and Command of Adrian Mathews Master and the Planter of London of the Burthen of 260 Tons or thereabouts under the charge and Command of John Benning Master And whereas the whole Adventure of and in all the said Ships being divided into Eight parts the Adventure of him the said William Courten amounteth unto Seven parts of the said Eight parts and the other part is the Adventure of all the rest of the Adventurers and Parties herein before mentioned And whereas the said William Courten hath at his owne proper costs and charges and for his owne proper accompt by several Polices or Writings of Assurances bearing the several Dates herein mentioned assured himself lost or not lost from London to the parts and places aforesaid in Trade and from thence to London again with their Lading that is to say by one Police dated the 13 day of April 1641. upon the said Ship called the Paradox the Summe of 3450 l. by another Police dated the 6. day of October 1641. upon the Bona Esperanza the Summe of 3400 l. by another Police of the same date upon the Henry Bona Adventure the Sum of 3200 l. by another Police dated the 18 of Aprill 1642. upon the Loyalty the Summe of 5250 l. by another Police of the same date upon the Hester the Summe of 3650 l. by another Police of the same date upon the Unity the Summe of 3150 l. as in and by the said Polices or Writings of Assurances may appear And whereas the said Sir Edward Littleton at the request and for the onely proper debt of the said William Courten and as his
caution to perform their Articles rather than they would want the benefit of English Harbours in Winter or the Countenance of Great Britain all the year they will subscribe to any condition knowing that France and Spain holds correspondency no longer than they have a fair opportunity to reduce them to their first principles or requite them in some other kind The Frontier Towns are wholly kept by English Scotch and French that know both the strength and weakness of their Countrey and they are forced to continue their Armies as much to govern by an Arbitrary way at home as to defend themselves from Invasion abroad their Shipping must be supplyed by Strangers that are not any way concerned for the defence of their Countrey therefore the King may take his advantage and set a valuable price upon his owne Inheritance which God and Nature hath endowed him withall My Lords I know they hunger after a nearer Alliance with the King and had rather be at Enmity with the whole world than not in Amity with England They term the Union with the King like man and wife I humbly beseech you in the name of all the Interessed persons for whom I am concerned that by some special Provisoe in the Treaty Ours being an extraordinary Case It may be reserved to such Remedies as the King and His Councel shall think fit otherwise all English men beyond the Seas that have heard the noise of this Case will despair of any protection and resolve if the King cannot have that Reputation throughout the world that no Kingdome or Nation whatsoever shall dare to affront His Merchants at Sea their Trade will be wholly left to them that so earnestly persue it I beg your pardon for my boldness and leave all to your grave wisdoms and considerations subscribing my self From my Lodgings at the House of Nassau in Papa Street at the Hague July 17 25. 1662. Your Honours most faithful and humble Servant George Carew The third Memoriall of Sir GEORGE DOVVNING to the States Generall THe underwritten Envoy Extraordinary of His most Sacred Majesty of Great Britain c. is very sorry that he must still reproach their Lordships that yet to this day since the Return of his Master into His Kingdomes there is not one Example made by them or their Order for satisfaction and reparation to any of His Subjects in any of those many and grievous Complaints which in His Name and by His special Orders have been from time to time made unto them the which their Lordships must think cannot but neerly touch such a King and such a Neighbour and the more when He considers how frequent the Examples of their Justice were in the dayes of those who usurped His Crowns and Authority and also how many Examples have been of His Justice from day to day towards their Subjects at the request of their Embassadors by the interposition of His Royal Authority And though it is now a considerable time since he the said Envoy Extraordinary did give in to their Deputies his Replies upon what had been given him by them concerning the Ships Bona Esperanza Henry Bona Adventure and the Ship Charles by which it appears to the whole World how groundlesse and frivolous were the Shifts and Pretexts which those who have done these Robberies and Uiolences would avoyd the making satisfaction for them yet he hath not since that time heard one word from them or from their Lordships concerning them And he doth herewith further complain that a certain English Ship called the Content of London whereof one William Jordan was Commander sailing out of the Downs in the Month of October last for the Coast of Africa was there in a hostile manner set upon by two ships belonging to the West-India Company of this Country the one called the Golden Lyon and the other the St. Barbara and taken the People stripped and plundered and he doth demand that satisfaction and reparation be forthwith made to the persons interessed as also to those concerned in the Experience the Ship Daniel Brazil Frigot Leopard St. John Baptist and others concerning which complaints have been made to their Lordships And de doth hope that he shall at last be able to give an account to His Master of the reall effects of their Justice without which it is but a prostituting of His Honour and Dignity to continue the sending His Subjects hither and endeavouring to obtain reparation for them in this neighbourly and friendly way Given at the Hague this 6 16 August 1662. George Downing The Answer of the Lords States General Translated out of the Dutch Original to Sir GEORGE DOVVNING's Third Memoriall THE States General of the United Provinces c having seen examined and considered a certain Memoriall delivered by Sir George Downing Envoy Extraordinary from His Majesty of Great Britain c. in his late conference with their Ho Mo Deputies as also his Memorialls presented from time to time concerning the Ships called the Bona Esperanza and Bona Adventure After mature deliberation they have thought fit to declare by these presents that their Ho Mo did not in the least doubt but that the said Envoy Extraordinary and the King His Master would have acquiesced in the particular informations and circumstances comprehended in their Ho Mo Answer on the 22 of June last touching the same Subject protesting that they did only cause this to be done for better information and no otherwise but finding contrary to what was expected their Ho Mo can assure the said Envoy Extraordinary and the King His Master with all truth and sincerity that they find nothing in the said Memoriall nor in the said Pieces joyned that can in the least weaken the force of the said Information whereupon their Ho Mo would inlarge themselves were it not that by the Treaties of 1654 and 1659. these as also all other pretences known by the one side or the other before that time ought to be considered as matters extinguished whereby their Ho Mo think it not fit to enter into any dispute with the said Sir George Downing being that the same hath been presented to His Majesty by the Embassadors of this State and caused the said matter to be deliberated on in his Councell who did acquiesce therein as it doth evidently appear by His Majesties solemn Answer Signed by one of His Secretaries of State and delivered to them on the 25 of May last as likewise in his Majesties solemn Declaration made to the Embassadors in their Audience at Hampton Court the 4. of July last and their Ho Mo do only depend upon His royal Word passed at that instant as also upon those reasons which are equitable and just passed in their Ho Mo Assembly at the Hague the 26 of August 1662. Second Reply of Sir GEORGE DOVVNING Envoy Extraordinary from His MAJESTY of Great Britain c. Presented to the Estates General the 1. of Sept. 1662. THE underwritten Envoy Extraordinary of His most Sacred
deser Stede inde vergaderinge vanden heeren Bewinthebberen der Geoctroyeerde Oost-Indische Compagnie alhier Inde haer E. met behoorliicke eerbiedinge in t den naem van Sr. Jonas Abeels Coopman alhier al 's last ende procuratie hebbende vanden heer Paulus Pindar Ridder der Stadt London geinsinueert t' gene volcht Jonas Abeels al 's last ende procuratie hebbende vanden heer Paulus Pindar Ridder der Stadt London volgens den instrumente van procuratie by denselven here Paulus Pindar op den 11 dach Februarij 1647. Style van Engelandt voor den Notaris Josua Mainet ende sekere getuygen gepasseert Do et mits desen de tegenwoordige vergaderinge vanden aenwesende heeren Bewinthebberen der Nederlantsche Geoctroyeerde Oost-Indische Compagne insinueren ende interdiceren Alsoo de Originele Insinuant de Heer Paulus Pindar voornt al 's actie ende transport hebbende vanden Heer Willem Courten Schiltknaep van London alleen gerechticht is tot het geene de voorn Comp. bevonden sal woorden te moeten nitkeeren voor de schaden ende verliesen geleden ende noch te lyden door t' onrecht saiseren ende detineren van't Schip genaemt de Bona Esperanza anders de Good Hope van London ende d' ingeladen goederen al 's oock voor alle de goederen ende Coopmanschappen gesalveert uyt het Schip genaemt de Henry Bona Adventure van London welck voorn Schip de Bona Esperanza met hier ladinge genomen is inde Oost-Indien ende de ladinge van't voorn Schip de Henry Bona Adventure soo de voorn originele Insinuant verstaen heeft op t' Eylant Mauritius gesalveert en genomen is geweest in t' besit vanden heer Adriaen vander Stell Gouverneur aldaer voor de voorn Comp. alles nae werden uytwysen vanden voorn instrumente van procuratie ende her transport vanden voorn Courten daer inne vermelt Dat derhalven de heeren Geinsinuerden geen penningen ter saeck vande voorn schaden en verliesen al 's ooch ter saecke vande voorn geberchde goederen en sullen betalen aen iemant anders al 's alleen aen den Insinuant in qualite voorn of sijn voorn principale ofte in cas de heeren Geinsinuerde desen niet tegenstaende contrarien comen te doen dat hen de sulcx geen betalinge en sal verstrecken maer datse andermael aen den Insinuant in qualite voorn of sijn voorn principale sullen hebben te betalen Daer van wel expresselick protesterende mitsgaders in cas van eenige contraventie mede van alle costen schaden en interesse Alle t' welcke by de heeren Geinsinuerden gehoort antwoorden datmen hen soude geven copie ende die 's anderen daegs leveren aen de Rekenmeesters Aldus gedaen binnen Amsterdam ter presentie van Ian Ianz ende Adam Nijs Inwoonderen deser Stede al 's getuygen hier over gestaen des 25 May 1648. Onderstandt Uytgegeven voor Copie ende accordeert met de principale by my Ende was getekent G. Coren Not. Pub. 1648. Certain Evidences and Presumptions concerning the Losse of the two Ships called the Dragon and Katharine of LONDON OUt of the Book of Resolutions at Goa in the Instructions given to John Durson on his Persia Voyage Also if you happen to meet with the Ship Hopewell Mr. Edward Lock or whosoever Commander inquire diligently of six Dutchmen taken aboard the said Ship at her last being at Cocheen who can make certain Relation concerning the Dragon and Katharine their sinking between the Island of Ceylon and Mauritius by six Dutch Vessels or Ships as we are informed whereof the Ship called Amsterdam was Admirall 21 Novemb. 1644. Subscribed per John Farren John Darrell London 9 Junii 1641. Francis Day saith that from Musulipatam he came to Surrat and coming before Goa was forced to strike by the Hollanders and a Boat from the Ship Amboyna came aboard to have a discharge how that they received no injury from the Hollanders which Discharge was written twice before it could be to their liking and amongst the Boats Crew there was an Englishman who told the Purser of the Expedition as three or four men come home by the Crispiana can witnesse 't is well you struck for all the Guns aboard were primed and the Linstocks ready waiting for the word to give fire and would have sunk you and God knows what 's become of Captain Weddall which words being spoken he was called away by the Commander into the Boat Subscribed Francis Day John Carter came home in the Crispiana and afterwards in the Bona Esperanza tells the same words as Francis Day abovesaid London 25 Jan. 1641. aboard the Hester at Blackwall were William Courten John Rushout Captain Robert Moulton Anthony Robertson one of the Queens Musicians Edward Knipe and John Benning were told by William Tailor Masters Mate and confirmed by Robert Hogg Master of the Hester That William Tailor aforesaid going a Shore at Cocheene William Gorlye the Governour of the Town and Castle demanded or asked him among other things whether Captain Weddall was arrived in England with his two ships to which he answered he was not and do you know what is become of the said two ships he answered he knew not then said he you must know they were sunk by the Hollanders about Ceylon he asked how he knew this to which he answered here are passed through this Town two Slaves which were taken by the Hollanders and made an escape from them which two Slaves have reported the same for a certain truth to all the Inhabitants of Cocheen the said two Slaves were then gone for Goa or India more particulars they neglected to enquire after they also asked what Hollanders should have sunk or taken them answer was made part of the Fleet which lay before Goa in the way home to Jacatra whereof was General one of the Holland Ships named Tervere Subscribed William Tailor John Benning Master of the Planter affirms that Capt. Weddal's two ships viz. the Dragon Katharine according to the Invoyce were worth 150000 l. sterling if they had come to the Port of London besides Mr. Mountney's Goods valued at 20000 l. London Anno 1644. At the Return of Tho. Lamberton William Page Tho. Newman and others taken in the Bona Esperanza going to China and brought Prisoners to Malacca with ten wounded men which lay in the Hospitall where they found a Stochman lying sick he upon his dying told to the aforesaid men of the Bona Esperanza that he could not dye before he had declared that he was at the taking of the Dragon and Katharine which were going from India unto the Cape Bona Esperanza by the Holland ships which coming fair by Capt. Weddall and pretending to be bound home they invited him with Captain Carter and both the Mountneys aboard where having feasted together Capt. Weddall and his friends were brought upon the Deck and told they must into the sea whereupon more words past then they were bound Back to Back and thrown into the sea those of the Dragon and Katharine seeing the same fitted
themselves to fight but were taken and the Ships robbed and withall the men remaining alive bored and let sink into the sea he told that the same Fleet came to Malacca afterward and the common men were sent for the Molucca's and that well known by many in Malacca but they durst not speak of it The said Lamberton and others asked the Lieutenant of the Town about the same but he answered upon their lives they should not speak of such things Tho. Lamberton A Declaration of some further probable News of the Dragon and Katharine Captain John Weddall and Captain John Carter Commanders from the Mouth of Boatswain went I Tho. Henton quondam Chyrurgion of the Ship Bona Esperanza employed in the Service of the Worshipful Esquire Courten in Anno 1643. in the Month of August being by sinister occasion at Johanna in the Ship Hopewell of the old Company at which time also was the Crispiana and Dolphin of the old Company there was also the Loyalty Mr. John Durson Commander belonging to Esquire Courten had these following Relatitions of the Destruction of the Dragon and Katharine by the Dutch as followeth This Boatswain Went was Boatswain of the good Ship Dolphin Mr. Proud Master in the said year 1643. upon some Imployment bound from Surat to the Southward viz. to Cocheen a Portugal Town where upon what occasions I know not he had some conference with a Servant of the Governour of Cocheen concerning the Dutch the man told him of a fight at Ceylon between the Dutch and English viz. two English Ships and five Dutch ships the English named the Dragon and Katharine both which the Dutch overcame sinking the one and forcing the other on shore so eagerly persecuted them that some of the English having escaped Drowning and got a shore the Dutch in their Boats hasted a shore likewise and cut them all off this Servant to the Governour was in the Dutch ships at that time in their Service when as they fought and following the English a shore he being one among the Dutch made escape to the Portugalls and in time came to serve the Governour of Cocheen This is the Relation that I heard Boatswain Went relate indeed I went aboard purposely about the businesse to enquire of him I required to have the Relation under the Boatswains hand but I could not obtain it by reason of the shortnesse of our time for they suddenly set sail from Johanna also the Boatswain said the Governour of Cocheen knows the Matter and upon inquiry if he pleaseth can produce you his Servant if he be living if not he himself is able to give satisfaction therein Uunderwritten Thomas Hinton Duarte Defigueiredo de Mello Secretario de sua Majestade do estado da India certifico que atsistindo na ilha de Ceylon soube por algus Prisoneires Olandeses que se tomarao coms as duas naos do Cap n. Guedal que hia da China para Inglaterra as tomarao os Olandeses os no Cabo dobaa Esperanca et as meterao ambas apique Isto tre o que me constou dos ditos dos ditos prisoneiros Goa a 22. de Abril de 1647. Sotto scritto Duarte Defigueiredo de Mello Translated out of the Portuges into English I Edward Defigueiredo de Mello Secretary to his Majesty of the State of India do certifie that being in Commission in the Island of Ceylon I came to know by some Prisoners of the Hollanders that they met with two ships of Capt. Weddall which were going from China to England and that the Hollanders took them towards the Cape of Bona Esperanza and sunk them both This is what appeared unto me by the relations of the said Prisoners Goa the 22. of April Anno 1647. Was under-written Duarte Defigueiredo de Mello To the Right Honourable the COMMITTEE of LORDS and COMMONS for the Admiralty The humble Petition of William Tombes Jun. An. 1645. Sheweth THat by virtue of an Assignment from William Courten Esq to Sir Paul Pindar and from him to your Petitioner he is become possest of the Ship the Planter of London late come from the East-Indies and now in the River of Thames and your Petitioner being ingaged for the Customes of the goods which were entred in the said ship by him and further promised to see the Master and Mariners wages fully satisfied before the disposal thereof hath made sale of the said Ship whereby the said Customes and Wages might be speedily paid accordingly Now so it is that one Thomas Kynaston hath arrested the said Ship by Writ out of the Admiralty upon Accompt of some interest in her and so hereby your Petitioner is hindered to give present satisfaction for the Customes and poor Mariners wages who daily out of their great necessity come upon him for the same Your Petitioner doth therefore humbly pray this Honourable Committee that Order may be given forthwith for the sale of the said ship for the speedy paiment of the Customes the Master and Mariners wages due from her and if she shall produce a greater summe that the same may remain in Custody for the true Proprietor when it shall be adjudged in the Admiralty to which your Petitioner shall submit June 13. 1645. At the Committee of the Lords and Commons for the Admiralty of the Cinque Ports Ordered it be referred to the Judge of the Admiralty Court to do in the Matter prayed according to Justice taking Care that the State have right in the Case of Customes and the Master and Mariners in point of Wages Subscribed Warwick Else Alexander Bence John Rolles Giles Green July 1. 1645. Upon Tuesday being the first day of July 1645. Tho. Kynaston against 21 32 parts of the Ship Planter and her Tackle and Furniture against William Tombes coming for interest herein Yoe and Budd upon this day before Doctor Same 's Judge of the Admiralty Court in his Chamber in Doctors Commons London being present Edward Brian Notary Publick appeared Mr. Budd Proctor for the said Williám Tombes and presented to the said Judge The Humble Petition of the said William Tombes directed To the Right Honourable the Lords and Commons for the Admiralty and Cinque Ports together with their Order thereupon made and the said Budd according to the tenour or effect of the said Order did in the presence of Mr. Yoe Proctor for the said Thomas Kynaston desire the Judge to decree the said Ship the Planter and her Tackle and furniture to be exposed by the Marshal of the Court to publick sale and to be sold to him that offers most and the Kings Customs and the salaries justly due to the Master and Mariners in the said Ship to be paid out of the moneys arising from the sale of the said Ship and he further desired that the residue of the said moneys might remain with the aforesaid Marshal of the Court until it shall be otherwise Ordered in that behalf from this Court All which the Judge at his Petition
Breviate of the Depositions taken in the Admiralty concerning the Bona Esperanza 91 Agreement between the Mariners and Adrian vander Stell Governour of Mauritius concerning the Henry Bonadventure Anno 1643. 94 The Petition and proceedings of William Tombes before the Lords and Commons for the Admiralty concerning the Ship Planter An. 1645. 102 Abstracts of Procuration and Transports from Mr. Courten to Jacob Pergens Anno 1645. 1647. and 1648. 7 Letters from King Charles the First in Latin and English to the States Generall and Sir William Boswell on behaelf of Mr. Courten and James Pergens 1647. 8 Abstract of Sir P. Pindar's Procuration to Jonas Abeeles of Amsterdam 1647. 10 Jonas Abeeles Insinuation to the East-India Company of Holland and Arrest made in 1648. ibid. Authentique Copy of the Insinuation and Arrest in Dutch 97 Agreement made between the East-India Company Mr. Jacob Pergens 1649. 12 Proceedings of Jonas Abeeles against the East-India Company before the Escheevens or Magistrates of Amsterdam 14 Ten Select Articles of the Treaty between O. Cromwell and the States General 85 Abstract of the proceedings of William Tombes Executor of Sir Paul Pindar before the English and Dutch Commissioners Anno 1654. 15 The Petition of Henry Powell on behalf of himself and the general Creditors of Mr. Courten to the English and Dutch Commissioners Anno 1654. 89 The Petition of Tho. Newman Merchant and the Mariners concerning the Bona Esperanza to the English and Dutch Commissioners Anno 1654. 90 An Epistle Dedicatory to Sir George Downing Knight Envoy Extraordinary of his most sacred Majesty of Great Britain To the States Generall of the United Netherlands 16 The Petition of Sir John Ayton George Carew and Charles Whitaker to the Kings most excellent Majesty Feb. 1661. 17 An Accompt of the Losse and Damages of the Henry Bonadventure and Bona Esperanza annexed to the Petition 18 Lettre Aux Hauts et Puissans Seigneurs les Estates Generaux Des Provinces Unies 19 The Translation of the Kings Letter out of the French Originall into English 20 The Kings Letter to Sir George Downing Knight Envoy c. ibid. Sir George Downing's first Memoriall given unto the States Generall concerning the Interessed in the two ships Henry Bonadventure and Bona Esperanza 21 Sir George Downing's second Memoriall to the States General concerning the Henry Bonadventure and Bona Esperanza 22 Mr. Carew's Insinuation to the Directors of the East-India Company of the Netherlands at Amsterdam ibid. Extract from the Register of Resolutions of the States Generall May 10. 1662. translated into English 73 Mr. Carew's Letter to the Commissioned Bewinthebbers of the East-India Company at the Hague 23 An Order of His Majesties most Honorable Privy Councell upon the Petition of Sir John Ayton c. 24 Lettre Au Roy de la Grand Bretagne a l'Estates Generaux des Provinces Unies 29 A Translation of the States Generalls Letter to the King of Great Britain into English out of the French Originall 27 Antwoort van de Heeren Staten Generael der Uereenighde Nederlantsche Provincien op de Memorie door den Ridder George Downing extraordinaris Envoyê van syne Majestyt van Groot-Britannien c. aen haer Ho Mo overgegeven den20 April 1662. 29 Replique du Chevalier George Downing Envoyé Extraordinaire de Sa Majesté de la Grand Bretagne c. Sur la Response des Estats Generaux des Provinces Unies sur son Memoire du 20 Avril 1662. 33 The Reply of Sir George Downing Envoy Extraordinary c. in English The Answer of the States Generall of the United Provinces to his Memoriall of the 20 th Aprill 1662. 38 A Memorandum of the particulars of Docquets Deeds Writings and Papers mutually delivered by the States Generall and Sir George Downing upon Answer and Reply 45 Mr. Carew's Letter to the Commissioners appointed by the King to treat with the Dutch Embassadors at London 46 Sir George Downing's Memorial to the States General concerning the Bona Esperanza Bona Adventura Experience Daniell Brazell Frigott Leopard and Saint John Baptist. 48 The States Answer to the last Memoriall 49 The second Reply of Sir George Downing to the States Answer 50 Articuli Foederis Amicitiae inter Carolum II. Magnae Britanniae c. Regem Ordines Generales Foederati Belgii 55 Extraordinaer Schryvens van de Nederlandtsche Ambass in Engelandt meldende op wat maniere noch eyndelick de Tractaten met den Koninck geslooten sijn 63 A Translation of the Dutch Embassadors Letter out of the Original into English 63 A Memorial of Sir George Downing delivered to the States in English upon the return of the Dutch Embassadors into Holland 66 The same Memorial rendred in French 67 Eght Objections offered by the Dutch in a Conference between Sir George Downing and the Pentionatis de Witt against the English interessed and their Claim 68 Answers to the eight Objections in a Conference held at Sir Geo. Downing's 69 Declaration and Certificate in Dutch upon the Statutes made concerning Bankrupts 95 The Opinions and Resolutions of Sir John Glynn Sir John Maynard Sir Edward Turnor Ben. Hoskyns and Sam. Baldwyn upon the Case between the Assignes of William Courten and the East-India Company of the Netherlands 129 Consulta Sententiae Gualteri Walkeri Militis Gulielmi Turnori Thom. Extoni Timoth. Baldwini Davidis Budd Doctorum Professorum in Juri Civili super Casu inter assignat Guliel Courten Societat Oriental Holland c. 119 Sententiae Statutum Johannis Glynni Johannis Maynardi Militum Edvardi Turnori Milis Bennedicti Hoskensij Samuelis Baldwini Armigeri Juris-consulti data superlite inter assignatos Gulielmi Courteni India Orientalis Societatem Batavam 127 A Deposition of Mr. Thomas Newman Merchant taken before a Master in Chancery concerning the Damages of Bona Esperanza 1662. 114 A Deposition of Mr. John Darrell Merchant taken before a Master of Chancery concerning the Portugalls Goods and Agreement c. An Epistle Dedicatory to the Millitary Men Merchants and others of the English Nation inhabiting within the United Netherlands 71 A Letter from the States Generall written in French to the King concerning the Holland Ships detained upon the Accompt of the Knights of Malta 75 A Translation of the French Letter into English 76 A Letter from the States Generall sent to the King concerning the Ship Charles 77 A Translation of the same Letter into English from the Original 78 Sir Geor. Downing's Reply to the States General concerning the Ship Charles 80 Advertisement concerning the said Ship Charles c. 84 One and twenty select Articles out of the Treaty of Peace between the Crowns of France and Spain concluded in 1649. and Translated into English from the Originall 108 Twelve select Articles of Peace and mutual Commerce between Henry the 7. King of England and Phillip Arch-Duke of Austria and Duke of Burgundy concluded and signed at London the 24. of Febr. 1495. 105 The particulars of the Impost and Excise in the Low Countries continued for the publique Charge ever since the Union 103 A Catalogue of their names in the East-India Company of England who are capable of being chosen Committees for the year 1662. 115 Annotations upon both the East-India Companies of England and Holland 118 Mr. Courten's Instructions to his President and Factors in Carwarr and several parts of India and parts adjacent 130 An Attestation of Mr. John Darrell concerning Mr. Courten's Factors and Factories in the East-Indies and parts adjacent 137 Reasons and Arguments for speedy deciding of Differences arising by Depredations and Spoyls by Conferences of States 139 Prologue to a private Conference at Amsterdam 141 Conferences at Amsterdam between the Interessed Requirors and the adverse Requirees and others 143 Epilogue FINIS Several Considerations offered to the High Court of Parliament both for the Restauration and Increase of Trade fol. 1 Sir William Courten's Propriety and Claim to the Island of Barbadoes or An Appeal to the King against Force and Oppression 17 Postscript