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A26328 A brief relation of the surprizing several English merchants goods by Dvtch men of warre their carrying them into Zealand and there condemning them for prize upon no other force or account but that they were English mens / by Edward Adams. Adams, Edward. 1664 (1664) Wing A477; ESTC R27092 10,081 15

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themselves Whereupon the Ambassadors writ to the States desiring the cause of Le Breton may be judged who thereupon Order the Lords of the Admiralty of Zealand so to do But they notwithstanding for a while deferred it till new complaints were made then they give sentence viz. on the 24. September 1661. stilo novo Decreeing to the French Commander his Ship Aparrel Furniture c. Fraight and 23. Chests of Sugars which belonged to him and Company with 2000. Gilders Damages And the same day condemned the English mens some whereof were Fraighters of the ship goods for prize The French man not contented with his sentence finding the sum ordered for damages to be too little demands further reparation in matter of damage which by means of the French Ambassador at the Hague is made known to the French King who commanded Monsieur de Lionn a Minister of State in France to signifie to the Dutch Ambassadors that in case of non satisfaction for Le Bretons ship he would grant Letters of Reprisal Whereupon they again writ to the States General touching that particular Who order the cause to be brought before the Judges apointed in case of appeal at the Hague and a review thereof without charge to him and to that end dispatch their Messengers into Zealand where the States had a meeting extraordinary about it who give for answer that they cannot consent to a review because the Fatalia were past which are 4. Months after the sentence pronounced within which time the review ought to be desired But this being upon a Point extraordinary to prevent Letters of reprisal a second Messenger was dispatcht who return'd with a Better answer And upon the review is decreed to the French Commander 12000. Gilders more for damage over and above the former 2000. The French Commander recovered his Fraight according to Bills of lading which belonged to us the Fraighters which was more then was due to them by Charter party by 910 l. Flemish so that with what he had formerly received from us and was disbursed for his account He was indebted to us 1440 l. Flemish for which he refusing to accompt with us we desired we might make an Embargo or Arrest in the hands of those who were appoynted to pay him money and in this request we hoped to succeed because it might be a mean for them to keep something in their hand which was a thing they love to do as being in that kind naturally tenacious But in this neither were we prevailing for they were resolved not to gratifie the English in any motion or at least durst do nothing against the French they telling us they could not permit one stranger to sue another so the French man marched off with flying colours carrying all away with him as well some of our as his own money And the English remain'd forlorn And by what hath been here related which is nothing but undeniable truth it plainly appears we are truly unfortunate English Merchants Our Goods were condemned as Prize but as I have already said they tell us not wherefore they never declaring the cause or ground of their sentence reserving that in their own breast so that we are ignorant where the Gulf lay that devoured or the Rock that split us But by what we gathered by common discourse with persons in Zealand and some Occurrences we may guess it to be because the persons claiming were for the most part resident in Portugal for an English man that was passenger upon an English ship which they had taken comming from Brazil had Goods being of no great value restored him And this is founded upon an Order or Edict made for their own people that none of them living in Portugal shall trade to Brazil without their licence or if they do their goods being taken in company of Portuguesses shall run the like fate with them and this was made for prevention of their Subjects colouring Portuguez Goods t is evident we colour'd no Portuguez Goods claiming only what was consigned for our own account and this by evidence of their own producing and all was under 300. of 1100. Chests and Fecho's which the ship brought And say they persons living in any part ought not to enjoy two Capacities or Priviledges To that we gave satisfactory answer Besides what his sacred Majesty hath been pleased to write on our behalf That we enjoyed no Priviledge the Portuguesses did but resided in Portugal by vertue of the Articles of peace concluded between the Crowns of England and Portugal and for such were own'd and certitifyed by his Majesties Consull If they will have pass for Curant that what Sanctions and Edicts are made by them for regulating their own people must be obliging to the Subjects of other Princes 't is right Hogan Mogan But the plain English of it is That the King of Great Britaine France and Ireland must not treat of or conclude peace with a Forraign Prince or provide for the increase of Trade and priviledges of his own subjects without asking the States of Holland leave I humbly represented our case to his sacred Majesty and his most Honourable Privie Council makeing a Summarie relation of what had passed which his Majesty their Lordships taking into their consideration did Order that the Commissioners who are to treat with the Dutch Ambassadors do insist upon our satisfaction in like manner as is done in claims of any other of his Majesties Subjects I also represented our aggrievance to the Honourable Committee of Parliament appointed to consider of the Trade of the Nation where I made out our losses sustained by the surprizall of the Shipps Golden Sun Experience aforemention'd and two English Shipps more taken by the Dutch a little after called the Falcon and St. John Baptist to amount unto 8000l ster But like a bad accomptant I omitted to set down the interest which for 4. years at 6. per Cent. comes to 1920l Besides which I have in the tedious vexatious suits expended 780 l. 12 s 3 d. Flemish besides what is to be set down for my friends paines who assisted in the solicitation and I have endeavoured all good husbandry having been sometime thought to be too penurious And now may be seen the effect of the full assurance of expedition promised us viz. a Suit of 14. moneths which if I had pleased might have been 14. years I could have procured consent of parties and for the just judgment we should receive our Goods condemned for Prize but upon what score subintelligitur The French mans Ship which by the Universal custome consent if not Law of Nations to say nothing of their particular Obligation ought to have made free Goods with 23. Chests of Sugar granted free with 14000. Gilders for Dammages Thus Courteous Reader I have done with my sad tedious story and crave thy pardon for exercising thy Patience so long therewith begging as formerly the benefit of thy Counsel But before I take my leave I must speak one word in vindication of my profession at least of my own particular from an aspertion which seems to be cast upon it There is a rumor flies up and down the world that in this present conjuncture of affairs the Merchants are great incendiaries to a Warre with the Dutch and if there happen one 't will be called the Merchants Warre which I suppose is a great mistake for to me it seems not rational for any intelligent Merchants to be forward to that War the maine dispute and decision whereof must be argued at Sea the place where he is most concerned and to the inconveniences and hazards attending such a War the Merchant of all other persons is most obnoxious If any such Merchants there be that are so Warlike and promise to themselves great gain by Trading in troubled waters I do declare my self to be none of them I do confesse I am for satisfaction for the unreasonable usage and injuries done my friends and me nay I have been and am very earnest and zealous for it I say I am for the Rem but modum acquirendi I wholly submit to his Sacred Majesty whom God many years preserve in peace and his Great Council Farewell Edward Adams FINIS