Bona Esperanza and the Henry Bona Adventure of London wherein We thought good at the humble Suit of Our said Subjects and out of the gracious sense We have of their unjust sufferings in that businesse particularly to recommend it to the said States General that a full and speedy satisfaction be made to Our said injured Subjects which We will that upon the Delivery of Our said Letters you fully represent in Our Name to the said States together with the sense We more especially have of the evident Oppression and Violence so many of Our good Subjects have so long lain under And further that you sollicite by all good means a speedy issue and accompt of this Businesse which We will that you thereupon return unto Us wherein We expect your best care and diligence And so We bid you heartily farewell Given at Our Court at Whitehall the 21 of March 1662. By His Majesties Command Edward Nicholas A True Translation of the Kings Letter from the French Original to the Lords States General MOst High and Mighty Lords Our good Friends Allies and Confederates Upon the reiterated Complaints of many of Our Loving Subjects the Interessed in the Ships the Bona Esperanza and the Henry Bona Adventure of London We could not refuse the effects of that protection which We owe to all Our Suubjects Considering more especially that they are such as have very much merited by a faithful adhering to Our interests which during the late disorders in Our Kingdomes hindered them to crave that satisfaction which they might have assured themselves of from Us in so just a Cause We have therefore given Order unto Sir George Downing Our Envoy Extraordinary to make known unto you the businesse at large with the clear and evident proofs which have been made in Our Court of Admiralty and that which hath intervened since concerning the same whereby the justice of the Cause may be known which by the Adversaries themselves have been acknowledged and some Satisfaction already given although most grosly fraudulent which ought not any way to prejudice the persons who have the true interest The Businesse being of a very considerable value and wherein the fortunes of so many of Our Subjects are concerned We hold our selves obliged to recommend the same unto you with much importunity and do earnestly require present Satisfaction answerable to the proofs which have been made according to the Rules of Justice and the Amity and good Correspondence which We desire with you ever to conserve firm and inviolable It is not in effect without regret that we are constrained by the just Complaints unto Us daily made of Our Subjects to importune you in this nature but the Care and perpetual Desires which We have for their welfare obligeth Us particularly to be interessed in all that which occurs unto them and every one ought well to assure themselves that none can in the least circumstance molest them in their Commerce without assailing and thereby ingaging Us at the same time to a just resentment thereof We refer Our Self unto the Laws of Our Common Amity for a speedy Satisfaction in this businesse desiring God to take Your High and Mighty Lordships Our good Allies and Confederates under his Holy Protection Writ from Our Court at Westminster the 21 of March 1661 2. and of Our Reign the Fourteenth Your good Friend CHARLES R. Concordat cum Original Edw. Nicholas A MEMORIAL Delivered unto The States-Generall Concerning the Ships Bona Esperanza and Henry Bona Adventure of LONDON THe underwritten Envoy Extraordinary of His most Sacred Majesty of GREAT BRITAIN c. Doth herewith tender to their Lordships a Letter from the King his Master concerning two English Ships belonging to London the one called the Bona Esperanza and the other the Henry Bona Adventure the former hereof was in the Year 1643. violently set upon in the East-India between Goa and Maccao in a hostile manner in the Streights of Malacca by two Ships belonging to the East-Indie Company of this Countrey the one called the Vendillo and the other the Portogallo whereof one Geland was Commander in chief and carried to Batavia and there both Ship Goods and Tackle all confiscated And the other having in the Yeer 1642. come on ground on the Island Mauritins was there both Ship Goods and Tackle seised upon by some of the said Company The said Envoy Extraordinary doth in the Name and in persuance of most precise Orders which he hath received from the King his Master demand that Satisfaction and Reparation be forthwith made to the Persons interessed and injured And whereas it may seem strange that this matter should be set on foot at this time when as in the Year 1654. Commissioners were sent to England who did end several matters relating to the East-Indies and whereas in the Year 1659. several matters of a fresher date were also ended and thereby a period put to all other matters of Difference which had happened about the same time and were known in Europe before the 20. of January in the said Year it is to be considered that the Persons Interessed in these Ships were such as for their singular and extraordinary activity to His Majesty of blessed memory Father to the King his Master were tendred uncapable of persuing or obtaining their just right at home or abroad and upon that account it is that the businesse of these two Ships remains yet in dispute though several matters of a much fresher date have been ended and satisfaction given And seeing this hath been the real occasion of this delay the King his Master doth no ways doubt but that their Lordships will in so much a more eminent manner put forth and shew their Iustice for their relief Given at the Hague this 19. April 1662. New stile GEORGE DOVVNING The Second MEMORIAL THe underwritten Envoy Extraordinary of His most Sacred Majestie of GREAT BRITAIN c. having yesterday again received most strict Commands by the hands of one of the principal Secretaries of State from the King his Master sitting in full Council earnestly to presse their Lordships the States General that Satisfaction and Reparation be forthwith made to the Persons whose Cases are set down in his last Memorial Doth as in Duty bound hereby make known the same to them and desires that it will please their Lordships to take such Resolutions thereupon as the Iustice of the said matters do require and as may give contentment and satisfaction to His Majesty whom the said Envoy Extraordinary doth find to concern himself very much and to be determinately resolved to have Right done to His Subjects therein one way or another Given at the Hague this 11. May 1662. New stile GEORGE DOVVNING Mr. Carew 's Insinuation to the East-India Company of the Netherlands ICk George Carew Schilt-knaep al 's by den prerogative Hove van Enghelant ghestelt zijnde tot Administrateur van alle de naergelatene goederen van wijlen de Heer Willem Courten Ridder
de temps mais aussi de le commander par les mains de son grand Chancelier de demander avant son depart que satisfaction soit incontinent faite aux personnes interessées dans les Navires Bonne Esperance Bonne Adventure de ne point bouger d'icy sans avoir reçeu satisfaction ou response definitive de leurs Seigeuries touchant cette affaire selon quoy le Roy son Maistre se reglera sa Majesté se persuade que leurs Seigneuries ayant reçeu ne tesmoignage si fresche forte de son amitié tresparticuliere envers cet Estat par l'heureuse conclusion du dernier Traicté celle cy estant l'unique affaire reservée d'estre vuidée entre sa Majesté leurs Seigneuries en la maniere dans laquelle elle depende maintenant qu'Elles ne voudront point qu'aucun nouvelle aigreur soit suscitée par des grands debats ou long retardement la premiere chose desquelles sa Majestê espere qu'Elles eviteront pour la derniere Elle est resolve de ne la point admettre mais qu'il plaira à leurs Seigneuries de faire voir par la prompte equitable conclusion d'icelle l'estime qu'Elles portent à sa Majesté leur inclinations d'avoir les deux Nations augmentées en mutuelle bonne intelligence correspondence sur le pied du dit Traicté Faict à la Haye la 3. Octob. 1662. George Downing WIthin three or four days after this last Memorial was given in to the States Deputies there was ae Conference desired by the said Deputies or some of them whereupon Sir George Downing met with the Pensionaris de Witt to hear both parties and Mr. Vandam Advocate for the East-India Company offered several objections against the right and pretence of the English and chiefly insisted at that time upon poterunt litem inceptam prosequi and urged it to be understood the Suit begun by Jonas Abeels at Amsterdam but after some debate it was then agreed and reconciled between Sir George Downing and the said Pensionaris to be the Cause depending upon the Kings recommendation before the States General at the Hague Sir George at that time further offering Letters from both the Principal Secretaries to His Majesty that the States Embassadors insisted upon that point many days before the Treaty was concluded but it would not be condescended unto Mr. Oyens the King's Advocate Commissionated in Foraign Affairs answered most of the Objections and Mr. Carew being then present desired that both parties might come with their Counsel fully instructed at another time to speak to the points only in controversie whereupon another Conference was appointed at Sir George Downing's House in the Hague In the mean time the Advocates of the Company had several Consultations and Mr. Carew with his Advocates the like And at the said Conference the East-India Company objected against the Interessed these things following viz. 1. That res mobilis could not be granted without the possession delivered 2. That by the Tripartite Indenture of Assignement or Transport from William Courten and Sir Edward Littleton to Sir Paul Pindar of the 19. Decemb. 1642. there was onely a Security granted for Money lent and not the real Interest transferred in Ships or Goods to Sir Paul Pindar 3. That in case of Shipwrack or other miscarriage Sir Paul Pindar was not to suffer Damage but to sue the Polices of Assurances therefore he can have no pretence to the Ships or their Lading 4. That Sir Paul Pindar could not claim his proportionable payments until some moneths after the Return of the Ships to London and therefore also he can have no pretence to the Damages 5. As to the Deed or Indenture of Bargain and Sale from William Courten to Sir Edward Littleton dated the 26 of April 1642. it was onely a Counter-security against Engagements and that he had not paid any money for Mr. Courten at the time of Pergens his Transports and therefore Mr. Courten was not divested of his property in the Ships or their Lading 6. That admitting Sir Edward Littleton's right or any other Proprietor they were excluded from any new allegation or pretence having not entred their Claim in 1654. before the English and Dutch Commissioners according to the 30. Article of Cromwell's Treaty 7. That as to the Commission grounded upon the Statutes made concerning Bankrupts neither the Statutes or Common Laws of England could be effectual or take place in the Low Countreys where all things are Tryed by the Civil Law or Law of Nations 8. That admitting Mr. Courten were insolvent when he made the Transports to Pergens the Company could not take any such notice as to deem him uncapable of transferring his right to any thing he had in the United Provinces Wherefore they concluded upon the whole matter that Mr. Pergens his Agreement was a good Agreement and not to be avoyded more especially for that Jonas Abeels after his Insinuations and Arrests made was contented to accept of the Eighty five thousand Gilders having onely jus ad rem and not jus in re and for that the Company could not have any recourse to Mr. Pergens for that Money until the right was first determined in Law Mr. Pergens having also had the same recommendation by the Kings Letters they therefore desired to be excused from giving any further satisfaction therein The Answers following were given at the same Conference held at Sir George Downings House in the Hague UNder submission it 's conceived that the Interessed are before the King of Great Britain's Minister of State and the Deputies of the States General in an amicable way of Conferences whereby the matters in debate are to be considered politically as to the Objections raised against their right they are most of them out of the Case and the rest have been sufficiently answered by Sir George Downing in his Replies to the States Answers upon his Memorials The Interessed did not doubt in the least but that the East-India Company had been abundantly satisfied with the 15 Article of the Treaty wherein all Actions Injuries and Pretensions of the English are abolished and extinguished hoc excepto quod scilicet qui se jacturam passos dicunt in duabus navibus videlicet Bona Esperanza Bona Adventura poterunt litem inceptam prosequi Upon the Petition of the Interessed to the King setting forth the Case and their Damages His Majesty was pleased to recommend the same to the States General requiring speedy satisfaction and reparation according to the Laws of common Amity and Alliance held between the King and the States And indeed when His Majesty considered the true state of the businesse in its own nature and circumstances it could not in honour be otherwise concluded yet I shall speak somthing to the objections in point of Law Bracton says that an Action nihil aliud est quam jus prosequendi in Judicio Justinian says
he subscribed with his hand and acknowledged the same being repeated to contain the truth Tuesday the first day of August 1654. The said Mr. Kynaston appeared and alledged that the Cause on the behalf of William Tombes touching the Ship Bona Esperanza was fully instructed and ready for hearing at whose Petition the Commissioners Decreed that the said Cause should be heard on Thursday next in the Afternoon in case the Claims touching the Ships Concord and St. Anthony which are first to be examined be fully discussed by that time Thursday the 3. of August 1654. Which day was wholly spent in the examining the Cause touching the Ship Concord aforementioned Friday the 4. day of August 1654. Before the said Commissioners the Deputies for the Dutch East-India Company being present appeared Mr. Thomas Kynaston and Henry Robinson above-mentioned at whose Petition the said Commissioners then ' monished the said Dutch Deputies to prepare themselves if they think fit to the defence of the several Spoyls whereof the English in their Claims comprized under the Numbers 8 9 11 15 20 24 32 33 34 40 41 46 47 50 51 52 53. have complained against the said Dutch East-India Company which they intended to hear upon their first opportunity Extractum hoc concordat substantialiter cum Originali Quod attestor Guilh. Chrymes Actuar Assumptus The 13 day of August 1654. personally appeared before me William Chrymes Notary Publique Mr. Thomas Kynaston and protested of his diligence in seeking and endevouring after the obtaining a certain cause by him sollicited on the behalf of Mr. Will. Tombes and others the Interessed in the presence of Ex. Tho. Bedford Ex. Edm. Arnold Not. Public VVilliam Tombes finding that the Dutch Commissioners would not do him justice in England was unwilling to follow them to Amsterdam as they desired to proceed against the Company where Jonas Abeels had done for Sir Paul Pindar before and being very sensible how tedious vexatious and expensive the Court of Holland the Hogen Rade and the Revisions were at the Hague after the first Trial was over before their competent Judges as they call them in the Cities Considering those things and being afflicted with some other troubles he was not able to contain himself with patience but chose rather a quick dispatch and hanged himself in the year following Whereupon Letters of Administration de bonis non cum testamento annexo of Sir Paul Pindar were granted to Sir William Powell alias Hinson who claims the part and proportion due to Sir Paul Piudar and Sir Edward Littleton did by his Deed of Assignment dated the 23 of August 1656. grant and assign all his right property and Interest of in and unto the said Ships Goods and Effects whatsoever unto John Ayton George Carew and their Assigns for ever And although they could not appeal for justice to the Parliament before Cromwell 's Usurpation being Delinquents and in Cromwell 's time could not prosecute their pretences in Holland being his declared Enemies yet now our Good Hope is that we shall receive our good Adventure with reparation and dammages since the King of Great Britain is restored Therefore I shall now go forwards and prosecute the Suit begun at the Hague G.C. To the Right Honourable Sr George Downing Kt Envoy Extraordinary of His Most Sacred MAJESTY of Great Brittain c. To the States General of the UNITED PROVINCES MUCH HONOURED SIR PAtriots of their Countrey Especially such as are found for their Abilities sit to serve the King in Forraign affaires have commonly those faculties which render them most worthy of Honourable Employments and they which are capable to deal with the Hollanders are known to be couragious patient and faithfull Your Honour may please to remember when I brought the Kings Letter to the States General at the Hague in April last with his Majesties directions to your self strictly commanding you to require speedy satisfaction reparation for the loss of the Bona Esperanza and Henry Bona Adventure of London two Ships as significant in their names as the Damages grievous in their nature I told your Honour there was just grounds of Complaint which should be vigorously prosecuted wherein I have found great experience of your favour and constancy toward us Oratory is fitter for Comedies then Cases I have therefore in plain terms set forth the true State of the whole matter with some observations upon former proceedings to satisfie all persons concerned that several actions and complaints have been brought in this case in the late distempered times some of them through delay of Justice suffered non-suits others by denial and death of the parties abated Moritur actio cum persona and divers through the defect of Commissioners appointed to hear them were dismissed without any determination But this lis incepta now brought in a Politique way in the Kings Name with your assistance those which are the sufferers poterunt litem incoeptam prosequi c. Sir you have kept up our good adventure and good hope from sinking and although their ladings were surprised in the Straights of Malacca at Mauritius if they be not restored by your friendly conferences I doubt not but to reprise them in the Downes or Narrow-Seas and question not a full satisfaction as clear as the Sun at Mid-day without abusing the Kings goodnesse or deserving any punishment for making the world acquainted that since the East-India Company of the Netherlands will not acknowledge our right it s easily granted they must pay for doing us wrong Honoured Sir you have to doe with a Crooked Generation of men and Nunquam efficies ut recte ingrediantur Cancri I shall not trouble your Honour any further at present but to give you the most hearty thanks and prayers of all the interessed and acknowledge my self Grays-Inn Novem. 5. 1662. Ever Honoured Sir Your most Obliged Servant GEO. CAREVV To the Kings Most Excellent MAJESTIE The Humble Petition of Sir John Ayton Knight George Carew and Charles Whitaker Esquires on the behalf of themselves and the rest of the Creditors of Will. Courten Sir Edward Littleton and Sir Paul Pindar deceased and of others Interessed in the Ships Bona Esperanza and Henry Bona Adventure of LONDON SHEVVETH THat William Courten Esquire and other Merchants in Company with him were Authorized by Letters Patents under the Great Seal of England ê™ Trade unto the East-Indies China and Parts adjacent and in persuance thereof setled several Factories and Plantations neer the Sea Coasts convenient for Trade and amongst other Ships set forth in the Year 1641. the Bona Esperanza and Henry Bona Adventure of London That to carry on the said Enterprize they became Indebted to Your Petitioners and others in many great Summes of Money That the East-India Company of the Neatherlands out of a designe to destroy Mr. Courten and others in their Shipping and Trade violently Seised and Confiscated the Bona Esperanza in the Year 1643. and the Goods and Ships-provisions of the
in the way in which they are or immediately if their Lordships see good brought to an issue the Treaty will be forthwith concluded the which His Majesty doth and all good men ought to their utmost to desire and promote for the avoiding those deluges of miseries which the breaking off thereof will certainly let in and it is an easie matter when waters are within their bounds to keep them so but very hard to return them to their old Channels when they have found a new one Given at the Hague the 30 of August 1662. George Downing AFterwards the States General made several Resolutions or pretended to make such Resolutions to send for their Embassadors from ENGLAND without any Effects of the Treaty whereupon their Embassadors went several times to the King and chief Ministers of State solemnly to crave their Credential Letters to be gone which were prepared ready for them and His Majesty ordered the Secretaries of State that they should be delivered as soon as they pleased to call for them But afterwards the Embassadors upon better consideration entred into further conference with the Kings Commissioners and concluded the Treaty with the Clause in the XV. Article containing these words within a Parenthesis hoc excepto quod scilicet qui se jacturam passos dicunt in duabus Navibus videlicet Bona Aventura Bona Esperanza poterunt litem inceptam prosequi which litem inceptam was agreed after three weeks debate on it before the Treaty and concluded that it should be understood and construed to be in the way it now depended between the King and the States General and not left to the ordinary course of Justice in Holland The Articles of the Treaty being thus agreed and concluded after they were signed by the Embassadors and Commissioners the Embassadors sent them away by a Gentleman of their owne with a Letter to the States General Articuli Foederis Amicitiae inter CAROLUM II. Magnae Britanniae c. Regem Ordines Generales Foederati Belgii POstquam Divina Providentia nuperos in Anglia motus suaviter composuerat Serenissimum Magnae Britanniae Regem ad avita Regna ac dominia sua admirabili quodam populorum applausu reduxerat dictus Dominus Rex eò statim curas cogitationes applicuit ut pacem amicitiamque cum Vicinis Confoederatis suis vel continuaâ—et vel redintegraret Ex omnibus autem Gentibus quae cum dicto Domino Rege vel cum Regiis Praedecessoribus suis unquam sociatae sunt nullas Celsis ac Praepotentibus Ordinibus generalibus Foederati Belgii praeferendas esse censuit tum quod dictus Dominus Rex ejusque Praedecessores propensum semper benevolum Animum erga dictos Dominos Ordines eorumque Rempublicam ostende in t tum quod mutua subditorum dicti Domini Regis Dominorumque Ordinum Generalium commoda commercia praesertim ejusdem religionis professio singularem quandam affectûs consilii unionem ad uttiusque populi stabilimentnm incrementum postulare videantur Cumque dicti D. Ordines moti super memoratis rationibus nihil antiquius habuerint quam ut omnimodò pristina foedera inter dictum D. Regem dictosque Dominos Ordines renovarentur firmiori nexu stringe entur Ideoque Legatos suos Extraordinarios in Angliam miserint Dominum Ludovicum de Nassau Dominum de Lecke Beverwaert Odiocke Simonem van Hoorn Consulem Consiliarium Urbis Amstclodamensis Deputatum in Consilio ordinario Hollandiae Westfrisiae Michaelem van Gogh antehac Syndicum Consiliarium Urbis Flissingensis Deputatum ad rationes Provinciales Zelandiae Joachimum Ripperda de Fermsum Urbis Appingadam Helm Uytwaarda Marsum Byrsum Salweert Eversum Deputatos Hollandiae Zelandiae Groningue Omlandiae in consessu Ordinum Generalium ad arctiorem firmioremque pacem amicitiam cum dicto Domino Rege ineundam placuit dicto Domino Regi deputare ex parte sua Commissarios Procuratores suos è secretiori sacrae Regiae Majestatis Consilio Iohannem Baronem Robarts Custodem privati sigilli Georgium Ducem Albemarle exercituum in Magna Britannia Hybernia Capitaneum generalem equorum Regiorum Magistrum Edvardum Comitem Mancestriae hospitii Regii Camerarium Hieronymum Comitem Portlandiae Densillium Baronem Hollis Antonium Baronem Ashley Scaccarii Regii Cancellarium subthesaurarium Carolum Barckly equitem auratum hospitii Regii Thesaurarium Georgium Carteret equitem auratum Baronettum hospitii Regii Vice-Camerarium Edvardum Nicholas equitem auratum unum atque Guilielmum Morice equitem auratum alterum primariorum Regis Secretariorum ut super proposito foedere cum dictis Legatis tractarent concluderentque secundum Litteras plenae potestatis utrinque exhibitas Tandemque inter dictos Regiae Majestatis Commissarios ab unâ Dominorumque Ordinum Legatos ab altera parte conventum concordatum est I. Imprimis quod ab hoc die sit vera firma inviolabilis pax amicitia sincerior intimior atque arctior Confoederatio Unio inter Serenissimum Magnae Britanniae Regem atque Celsos Praepotentes Ordines Generales Foederatarum Belgii Provinciarum Terrasque Regiones Civitatesque sub utriusque ditione sine distinctione locorum positas earumque subditos incolas cujuscunque demum gradus fuerint II. Item uti dictus Dominus Rex dictique Domini Ordines Generales maneant Amici Confoederati necessitudine amicitiâ conjuncti adstricti ad jura atque immunitates subditorum alterutrius contra quoscunque demum tuendas qui utriusque status pacem terrâ marive disturbare conabuntur vel qui intrà alterutra dominia degentes publici utriusque status hostes denunciabuntur III. Item quod dictus Dominus Rex dictique Domini Ord Gen nihil agent facient molientur tractabunt aut attentabunt adversus alterutrum vel subditos alterutrius quocunque in loco five terrâ mari portubus districtibus finibus aquis dulcibus quacunque occasione nec eorum alter vel subditi alterutrius dabit praestabit vel subministrabit ullum auxilium consilium seu favorem neque quicquam agi tractari vel attentari ab alio quoviscunque assentiet in damnum aut praejudicium alterius vel subditorum alterutrius sed omnibus singulis de gentibus vel commorantibus vel existentibus inter alterutrius dominia qui contra alterutrum quicquam agent facient tractabunt vel attentabunt uterque expressè cum effectu contradicet renitetur atque impedimentum realiter praestabit IV. Item quod neque dictus Dominus Rex vel dicta Respublica neve ullus exsubditis alterutrius incolis aliisque in eorum ditione çommorantibus alterutrius Rebelli quocunque subsidio consilio studio sovebit adjuvabit sed expressé contradicet atque efficaciter obstabit ne quid auxilii aut adjumenti ab ullo qui aut ex subditis incolis aut commorantibus in alterutrius Dominiis fuerit ullis
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
1648. the Senators or Eschevens of Amsterdam did declare the Arrest of the said Jonas Abeels to be good and valid and adjudged the same to be so and the agreement made with Pergens was not till the 18 of Septem 1649. so that this transport to Pindar is not a thing that hath been kept conceal'd till now but the said Directors had timely and legal notice and advertisement thereof but did notwithstanding thereof agree with Pergens he proffering to acquit them for so small a summe as that 85000 Gilders and that if they should have been able to have made good this agreement they had for a matter of nothing ended a business of this value and if they could not yet were sure not to be losers the said Pergens giving them good security in that case to repay the said money with Interest after the rate of 4 per cent for such time as he should have it in his hands and which security is yet good Moreover upon the 26 of Novemb. 1649. which is about seven weeks after the aforesaid Agreement the Senators or Eschevens of Amsterdam did again declare the attachment and arrest of Jonas Abeels to be valid and the Law to be on Sir Paul Pindar's side with all costs and dammages And although such a rejoinder as this of their Lordships in a case of this nature could not but seem very strange at any time yet much more at this when it is known to all men that the conclusion or breaking off the Treaty with His Majesty and consequently the good correspondence of his Kingdoms and these Provinces depends singly upon the issue of this business and if his Majesty were no ways satisfied with their Answer of the 22 of June what can be expected to be the issue of this Resolution And if it shall be said what will his Majesty stop a whole Treaty of that nature upon a perticular business The Answer is ready that it is not his Majesty but their Lordships that do stop the Treaty upon this business his Majesty did not desire nor intend that so much as mention should be made thereof in this Treaty but to have left it to its course in the way it is but their Lordships did of late offer certain preambles and general clauses to be inserted into the Treaty for the utter mortifying and extinguishing of it or at least as they have since been pleased to qualifie it for the removing it out of the amicable way in which it is now and hath been these many months depending between their Lordships and him the said Envoy Extraordinary and in which it is so far advanced that all in a manner hath been said that can be said on either side and thereby to put the persons who have already suffered so many years and by which some of them have been utterly ruined to a new vast and endless dispute and charge elsewhere the which their present low condition and His Majesties honour can in no ways admit especially when he considers that in the year 1659. the business of the Postillion Frederick Francis and John three Ships of London taken about Bantam in the East-Indies by some Ships of the East-India Company of this Countreywas examined debated and determined not by the ordinary Judge but in a politick way by their Lordships in like manner as is now actually depending the business of these two ships And the said Envoy Extraordinary cannot but put their Lordships in mind upon this occasion that their Lordships in their Resolution of the 10. of May last given to him by their Agent de Heyde will find that then there was no preamble before the Article concerning Commissioners whereby to mortifie matters before 1654. and 1659. respectively yea that toward the close of the said Resolution they would perswade to have accepted the term of 1659. for Commissioners as well out of the East Indies as in the East-Indies upon this Argument that though the Commissioners should only have taken cognisance from 1659. yet that such whose grievances were before that time should not be deprived but have their liberty of other remedies And if their Lordships please to look over the Memorial of him the said Envoy Extraordinary of the 28 of June last and which was the occasion of the Audience of the 4 of July following given by his Majesty to their Embassadors they will find the words of the said Memoriall to be expressly these That His Majesty was content that nothing should be put upon the List of Damages to be decided by Commissioners as to matters happened in the East-Indies which were known at London the 20. of Jan. 1659. but would leave them to other remedies These are the express words in the said Memorial whereby their Lordships may perceive how far it was from ever being imagined much less intended that by yeilding Commissioners from 1659 all matters before that time should be cut off from all other remedies and absolutely mortified And if it shall be objected that if satisfaction should be made for these two ships that it might be an Incouragement and give occasion to others to bring in their antiquated complaints also It is answered that though his Majesty might with justice have insisted hereupon and the rather considering how many of his best Subjects were sufferers by this Country during the late Broils in his Kingdoms yet it hath pleased his Majesty to shew His strong passion to have this Treaty happily concluded to admit of their late preamble whereby all differences of this kind before 1654. out of the East-Indies and all differences in the East-Indies before 1659. are mortified excepting only the business of the two ships for the obtaining satisfaction for which he is obliged both in honour and word so that if the Treaty come to a conclusion this objection is out of Dores but if not others whos 's number is not small as well as the persons interessed in these two ships will put in for justice And whereas it is commonly scattered to and again as if although the business of these two ships were excepted or ended that yet new difficulties and matters would be proposed on the part of His Majesty and so the Treaty still kept oft The said Envoy Extraordinary doth demand of their Lordships what one difficulty hath been propounded on His side for these six or eight months other than that one which deserves not be mentioned viz. the having of some other to be Umpire and not the Switzes and this being so he cannot attribute reports of this nature to any thing but very bad information or no great desire at least of having the Treaty brought to a good issue and he doth assure their Lordships that as the dispute about these two ships its being brought into the Treaty arose not from His Majesty but from this State so that no new matter will be propounded by Him or His Commissioners but that the business of these two ships being reserved to be continued
haer Ho Mo rapport van alles te koomen doen. Hiermede Mijn Heeren c. Chelcei den 15 Sep. 1652. gheteyckent van Hoorn M van Gogh The Translation of the Dutch Embassadors Letter to the STATES Chelsey 5 15 Sept. 1662. SInce our last of the 8. Instant we have received their Ho Mo Resolution of the 5. Instant and upon Monday last we had another Conference with His Majesties Commissioners in which we did distinctly examine all the Articles set down and finding them in every degree sutable to what was agreed but onely in this one Case touching the pretences of those Interessed in the Ships the Bona Adventure and Bona Esperanza that they must not be comprehended in the General Abolition as was projected in the 15. Article and that it ought to be inserted also in the said Article so that the Commissioners would not in the least go backward from that Resentment We thereupon found our selves necessitated to agree the said unto them or else to take our leaves without any effects Whereupon we entred with His Majesties Commissioners into deliberation and examination of their Ho Mo Resolution of the 19. of June and that sent to us of the 21. of the same Instant as likewise that of the 5. of Septemb. 1662. and we agreed that in the 15. Article after the words sibi competere putant there should be put into a Parenthesis this Clause hoc excepto quod scilicet qui se jacturam passos dicunt in duabus Navibus viz. Bona Adventura Bona Esperanza poterunt litem inceptam prosequi We hope that their Ho Mo will not take this resolution ill of us for that we have been intreated thereunto and that we saw in case we should go away without a conclusion that great troubles would happen and that we had it from a very sure hand that His Majestie had already given Orders to His Envoy residing at the Hague to make himself ready that when we should come homewards that also without any delay he should hasten himself over and again the Treaty not being concluded those pretences would not be disanulled and that by that means those interessed would have the freedome to proceed therein as they would think fit We cannot judge whether that contained in their Ho Mo Resolution of the 21 of July is thereby satisfied implicitely the words being no prejudice but very much agreeing to their Ho Mo. meaning sent Us in Writing since that Instant And although the said matter is persued by their Ho Mo Yet they have the same means to do or leave what they shall judge fit or unfit to be done So that in this particular the Condition of the United Provinces is not in the least prejudiced we hope also not to have transgressed against the intention of their Ho Mo in agreeing that the said Clause might also be included in the Treaty and not to be set down in a Seperate Article for that we did nor judge that difference to be of so great importance that any further dispute or delay ought to be occasioned thereby in the concluding of the Treaty and that although such a Seperate Article should be set down as it useth only to be done for Secretnesse sake yet that this could not miss taking notice of and that the Interessed should not refrain persuing their pretences so that we judge we have fulfilled the said Resolution implicite as also in setting down after the word Submissio the word Progressio for that it shews it self that a businesse submitted must be there persued And that nothing remain disputable after that each others powers were read we did examine the Articles consented unto according to what mentioned before and were written in a fair hand and conferred thereupon and so agreed and made the said of force by Signing and Sealing so that we have put our last hands to this long and tedious Negotiation the Commissioners could not approve of having both Instruments signed but only that that delivered by them to us should be only confirmed vice versa suffering also that their Ho Mo Power given to Us in that of Our Signed Instrument be inserted before that of His Majesty alledging that the Treaties made by this King with the Sweeds Denmark and Portugall were all signed in the same manner We hope that not any prejudice can be occasioned thereby to their Ho Mo since not to occasion hinderance the signing was done in this manner according to what further was proposed by their Excellencies so that no new matters might have happened We have thought fit to send the Original of the Treaty by one of our Gentlemen and for our parts we shall so soon as possibly with Gods blessing hasten our selves homewards which we hope will be the next Week and then to give their Ho Mo report of all van Hoorn M van Gogh A MEMORIAL of Sir George Downing Knight Envoy Extraordinary of His most Sacred Majtie of Great Britain c. Delivered unto the States General Octob. 3. 1662. N. S. THe underwritten Envoy Extraordinary of His most Sacred Majesty of Great Britain c. makes known to their Lordships the Estates General of the United Provinces that it hath pleased the King his Master to give him leave to return for England for a short time but withal hath commanded him by the hands of His great Chancellor before his going hence to demand in His Name that satisfaction be forthwith made to the persons concerned in the Ships Bona Esperanza and Boná Adventure and not to stir hence without such satisfaction first made or the final Answer had of their Lordships concerning this matter according to which His Majesty will govern Himself and His Maiesty doth assure Himself that their Lordships having had so fresh and pregnant testimony of His most particular kindness toward this State in the happy conclusion of the late Treaty and this being the onely business reserved to be ended immediately between His Majesty and their Lordships in the manner it is now depending that they will not suffer any new eagroure to be raised by any hot debates or lingring out of time the former whereof His Majesty hopes they will avoyd and the latter He is resolved no ways to admit but that they will be pleased in the quick and equitable ending thereof to manifest the esteem they have of His Majesty and his kindness and their desires of having the Nations grow up into a mutual and happy confidence upon the foot of the aforesaid Treaty Given at the Hague this 3. of Octob. 1662. N. S. George Downing Sir George Downing 's aforesaid Memorial rendred in French LE sonbsigné Envoyé Extraordinaire de sa Majesté tres sacrée de la Grand ' Bretagne c. fait sçavoir à leurs Seigneuries les Estats Generaux des Provinces Unies qu'il a pleu au Roy son Maistre de luy donner congé de faire un petit tour en Angleterre pour un peu
Mediterranean Sea and it was necessary the matter should be cleared by Himself in all those particulars which might have passed between him and Captain Edward Spragg to the end we might be able rightly to judge of it and to clear to Your Majesty the sincerity of our Intentions We know not whether the said Captain Spragg had knowledge of the distance of Enno Doedesson and if he served not himself of his absence to give Your Majesty impressions contrary unto a Truth of which he ought to be convinced in his Conscience He knows and we have put the proofs into the hands of Sir George Downing Your Envoy Extraordinary with us in what manner he scoured the Seas particularly in the year 1659. by Pyrating upon all sorts of Nations indifferently after the Example of many other Biscain Pyrates The Outrages committed about that time and some years afore by those Pyrats the discommodities the commerce of the Inhabitants of these Provinces received thereby obliged us in the year 1658. to order by a Resolution General all our Captains and Sea Officers to Treat all those Biscain Ships of War without any distinction as Pyrates and to attaque them wheresoever they met them at Sea and carry them away It was by vertue of this Order that Captain Spragg was taken but especially for being known by three Máriners vvhich were then aboard the said Enno Doedesson to have Pyrated and to have taken with the same Ship Charles then named Sr. Carlos among others a Ship named the Moor belonging with the greatest part of its lading which consisted in Wines of Canary and other Merchandizes to the Inhabitants of Amsterdam and Middleburgh in Zeland This ship SIR was taken by the said Captain Spragg and brought to the Haven of St. Sebastian in Biscay in the Moneth of March 1659. of which the Owners and Laders having notice they demanded Restitution and found Justice enough at the Court of Madrid to obtain it with expences damages and Interest by an Authentique Decree of the King of Spain but the said Captain Spraegh and his Interessed in stead of delivering her had the Confidence further to Arrest the said Ship and to extort by that means at the end of five Moneths of the Master and of those which prosecuted the processe for the Interessed the sum of Seven thousand double royals of Silver and the moyety of the proceed of Thirty Pipes of Canary although of 250. Pipes with which the said Ship was laden there were but 71 restored with the Vessel so that although the said Captain Spragg had not been of the Number of those Rovers or rather Biscain Pyrates against whom we had taken that Resolution Generall and that Captain Enno Doedesson had not been obliged to execute it in his relation to that quality he ought neverthelesse to take and carry him away because of that violence done to the said Ship the Moor which was declared by a Decree of the King of Spain to belong as it did in truth to the Inhabitants of this Province unlesse he would have failed in his Oath taken to this State So far are we from blaming his proceedings that we fear not to tell your Majesty that we are sorry of that accident which happened to the said Ship Charles namely one of those Mariners taken within the same Ship being a Cooper bored a hole therein and exposed the Vessel to so manifest danger of perishing that Captain Wildschut to whom Enno Doedesson had committed the Conduct of her to bring her hither was constrained to abandon her which was the means also of the others Escape by which he withdrew himself from the pains of a just sentence which should have been pronounced against his Crimes We have so well represented and proved this truth to Your Envoy Extraordinary whom we have prayed to acquaint Your Majesty therewith that we will not importune You here with an ampler and longer account of this affair onely we find our selves obliged to say that as our manner hath alwayes been to addresse Our selves to the King of Spain and to his Subjects for reparation of those violences losses and damages done to the Inhabitants of these Provinces and by them sustained because those Rovers came forth of the Ports of Spain so we think it just for us to addresse our selves to Your Majesty at present because Captain Spragg is in Your Service and for that he useth your Name in the prosecution of his unjust pretences to demand of You Justice against him and that he be compelled by all just and reasonable wayes not onely to restore the abovesaid Seven thousand double royals and the value of the Wines and other Merchandizes which he hath taken and alienated but also other things which he found and took out of the Chest of the Master of the ship Moor whereof Your Envoy Extraordinary hath the number and value We have great cause to hope for Your equity herein and particularly that You will not suffer that for the future any persons shall make use of Your Name and Authority upon matters so il-grounded and yet hardly laboured to the taxing upon such frivolous occasions our proceedings and to blame our Conduct even in such termes which are fit only for those who openly deny Justice but that You will have as much consideration for Your good Friends and next Neighbours as You have goodnesse towards Your Subjects whose carriage we condemn not upon a single report of a third person and without giving them space to reply This is it which we have beleived ought to be said by us on the Subject of the Letter of Your Majesty attending while the Informations are finished which we cause to be made of other violences extortions and outrages done by the said Captain Spragg to the Inhabitants of this Countrey and in the mean time we shall pray to God SIR c The Reply of Sir GEORGE DOVVNING Envoy Extraordinary of His MAJESTY of GREAT BRITAIN c. Delivered the 13. of July 1662. upon the Answer of the STATES GENERAL of the United Provinces to his Memorial concerning the Ship CHARLES THE under-written Envoy Extraordinary of His most sacred Majesty of Great Britain c. having received the Answer of their Lordships the Estates General of the United Provinces of the 27. of June last to the Letter of the King his Master and to his several Memorials and complaints concerning the Ship Charles finds that their Lordships do not deny the matter of fact complained off but offer in justification of what was done by Doedessen Star that Captain Spragg Commander of the said Ship Charles was one of the famous Pirates of Biscay and in particular that he had in the Year 1659. taken a certain Ship of this Country called the Moor laden with 250. Pipes of Canary wine the whole or at least the greater part thereof belonging to the Merchants of these Provinces and carried her to St. Sebastians in Spain and that upon this ground the said
decreed accordingly Memorandum that Mr. Tombes sold the Ship Planter the Salt Peter Pepper and other goods in her for Sir Paul Pindar's Accompt in part of the money due to him The Impost and Excise in the Low-Countryes for the Publique Charge continued since the Union PAyeth by the Family according as it is great or small so much per an Salt as they are taxed 30 Stivers the Barrel of Beer Brewed in Holland On Beer for Burghers 34 Stivers the Barrel if Brewed in any other of the United Provinces 118 Stivers the Barrel if Brewed without the Provinces 2 Stivers per Barrel paid by the Brewer and 12 Stivers for every Brewing Tappers or Retailers for his Families drinking 114 Stivers the Barrel if Brewed within the Provinces 148 Stivers the Barrel if Brewed without the Provinces 4 Stivers the Stope of French Wine which is somewhat above a Pottle On Wine 6 Stivers the Stope for Rhenish Spanish or other sorts of Wine Tappers or those that sell Wine by Retail pay double Excise 96 Stivers the Ame which is 40 Gallons English measure Vineager 8 Stivers the Stope if made of Wine Brande or Aquavitae 5 Stivers the Stope if made of Beer or Malt. 22 Stivers the Last of Wheat Corn for Meetage 25 Stivers the Last of Rye 36 Stivers the Last of Rape seed and other small seeds 63 Gilders 12 Stivers the Last of Wheat or Meslin Tobe grownd 31 Gilders 16 Stivers the Last of Rye 21 Gilders 4 Stivers the Last of Barley Oates and Beans 11 Gilders 15 Stivers the last of Buck. 4 Gilders the Barrel which contains 320 l. weight Butter 4 Gilders the But or Pipe Oyle 3 Gilders the Tunne of Train Oyl 1 Stiver the pound if made of Waxe Candles ½ Stiver the pound if made of Tallow 3 Gilders the 100 l. Starch 6 Gilders 8 Stivers the Barrel or Ton Cake or Castle Sope ¾ of a Stiver Sope. the pound 1½ Stiver the Barrel or Ton. Turffe and Coles 18 Gilders the 100 Scales of Scoth Cole each scale containing 250 l. 48 Gilders the Hood or Chaldron of Seacoles The eighth part of whatsoever it cost Fire wood Horses three years old and above 2 Stivers per Month. Cattell Oxen or Cowes above three years old 3 Stivers per Month. Oxen Cowes Calves Sheep Lambs Hoggs Pigs c. the seventh part Te be killed of whatsoever they cost Barrel Fish and Herrings 20 Stivers the Barrel Fish Sturgeon Salmon c. the ninth part of what it cost Of all sorts the Eighth part of whatsoever it cost Fruit. 3 Stivers the pound weight Tobacco Pitch the Barrel 16 Stivers Pitch and Tarre Tarre the Barrel 10 Stivers English white Pack-clothes 6 Gilders the peice Cloth Fine Worcester white Clothes 16 Gilders the peice Of low price one Stiver per peice Stuffes The twelfth part of the value or cost Silks of all sorts The Ninth part of the value or cost Tapistry and Gilt leather One sixth part of the yearly value or rent if it be let if not the owner Lands and houses pays it by Taxation All Arable lands which are sowed or Orchards planted pay 2¼ Stivers per Acre every month to be accounted from the time of its sowing untill it be mowed Of lands or houses pay the 40 part of whatever they are sold for as often as they are sold and alienated Alienation Pay the 20 part of the Inheritance which comes by a side line if the legacy Collateral successions or Legaters not given to a pious use For all men or maid servants the Masters or Mistresses thereof pay one Servants Gilder per an for every Servant Two Stivers for every small seal and four Stivers for the great to be set Seal money on a Sheet of Paper and to make this Taxe considerable it is ordered that all Deeds Contracts Wills c. of what nature soever that are not so sealed shall be held as invalid and no judgement to be given on them in Law All goods whatsoever sold by Weight to be weighed whereof there Weigh house is a set rate what each sort payeth The Retailer or Shopkeeper doth compound yearly for this Taxe to prevent the infinite trouble thereof Which amounteth to an innumerable summe yearly Besides all which there are Taxes extraordinary as often as necessity requireth whereof the States only are Judges viz. The thousand part sometimes the five hundred and sometimes the two hundred part of every mans estate rich or poor whereof none are exempt but such as recieve Alms. All men are taxed according to common report by the Magistrates of their several Cities and Towns and the party grieved at his Assessement declaring upon Oath that his estate is not worth so much shall be relieved But it s seldome that any make themselves poorer then common report speaks them for their own credit sake and this amounts to very much Whereby the yearly revenue is made as great as the States themselves please and renders them so considerable that they think themselves equal with most Princes of Europe The repartition what each Province payeth part to a hundred pound Gelderland payeth 5-12-3 Holland payeth 58-6-2 Zealand payeth 9-3-8 Utrecht payeth 5-16-7¾ Vriesland payeth 11-13-2¾ Overyssel payeth 3-11 5 Groeuingen payeth 5-16-7-½ XII Select Articles of the Peace and mutual Commerse between Henry the Seventh King of England and Philip Arch-Duke of Austria and Duke of Burgundy concluded and Signed at London the 24. of February 1495. Taken from the Original Artic. XIII Mercatoribus utriusque Principis tutum libere habitare ITem Conventum est ut supra Quod mercatores utriusque partis partium praedictarum ac eorum factores familiares negotiorum gestores ministri nautae magistri navium marinarii tuto secure morabuntur in regnis dominiis terris patriis Principum praedictorum eorum utriusque Nec non in eorum portubus littoribus cum eorum bonis navibus mercantiis quibuscunque absque eo quod ipsi vel eorum aliquis ullum damnum injuriam vel praejudicium aliquod aliis mercatoribus cujuscunque alterius nationis aut eorum factoribus negotiorum gestoribus ministris nautis magistris navium aut marinariis faciant aut fieri procurent Et quod mercatores aliarum patriarum nationum eorum factores negotiorum gestores ministri nautae magistri navium marinarii mercatoribus subditis alicujus Principis Principum praedictorum nullum damnum injuriam vel praejudicium aliquod in locis praedictis inferant aut inferri procurent Artic. XIV Piscatoribus utriusque Principis subditis tam per mare quam terra liberum commeatum fore Item Conventum est ut supra Quod Piscatores utriusque partis partium praedictarum cujuscunque Conditionis existant poterunt ubique ire navigare per mare
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
Doedessen Star had taken her in persuance of a certain Resolution of this State requiring all Captaines of their Ships of war to seize all private men of war of Biscay as troublers of the freedome of commerce and traffique by Sea And this being all that is alledged by their Lordships the said Envoy Extraordinary doth very much wonder that they should in their said answer charge the said Spragg of impudence in applying to the King his Master and from him to their Lordships for Iustice and much more that they should take upon them the patronage of this action of Doedesson Star's and make it their own this being no more in effect than what was alledged in the Letter from the Admiralty of Amsterdam to them of the 1. of November last and communicated about that time to him and consequently he doth not see how or upon what account their Lordships or he the said Envoy Extraordinary should be better satisfied with this Answer than with the said Letter Captain Spragg was no more a Pirate than Doedesson Star he had a Lawful Commission from the King his Master whose native Subject he was to seize and take all Ships and Merchandises belonging to any of His Subjects then in Rebellion against Him and in persuance thereof meeting with the aforesaid Ship and finding her to be come from the Canaries 19. parts of 20. of the Wine of the growth of which place are constantly bought by the Subjects of His Majesty and carried into His Kingdoms and there spent and His said Subjects being at that time in War with the King of Spain and upon that account in that very year making use in a manner wholly of the Ships of this Country for the transport of the said Wines to England and having other probable grounds that a great part at least of the Wines in that Ship did actually belong to the English he thereupon seized her and carried her into St. Sebastian's and what was there herein done contrary to right and not justifiable Had this Country ever any Treaty Marine with any of his Majesties Predecessors or had they any such Treaty with the Usurpers at that time in England whereby to make free Ship free goods and if not wherein was the default or crime upon strong presumptions and grounds for him who had a Commission to take Ships and goods belonging to England to stop that Ship and carry her into that place Had he kept her at Sea or carryed her into any other Country and there sold and disposed of her this had been a default but the King his Master was at that time within the Dominions of the King of Spain and all such private Men of War as had his Commission had liberty to equippe to sail out of and return into all His Ports with their prizes and accordingly the said Spragg sailed out of St. Sebastian and returned in thither with her there by lawful and due process and course in Law indevoured to make her prize and is this Piratry or shall upon this account the said Spragg be taxed with impudence for demanding of his Ship and goods Were there not in those dayes many Ships of this Country that were stopped upon the like ground of having in them goods belonging to the enemies of the English and yet those that did it not accounted or called Pirates and have not both formerly and of late several English Ships been stopped by the Ships of this Country upon suspition of having in them goods belonging to the enemies of this Country and what upon tryall have been found so to belong to their enemies actually confiscated and the rest with the Ship restored and how is this then a troubling of the freedom of trade and commerce by Sea when the same thing and no other is done to their people And in this very answer their Lordships do not affirme that the whole lading did belong to the People of this Country but as are the words the whole or at least the greater part so that notwithstanding what as yet appears to their Lordships themselves although it is to be supposed that the Merchants interessed in the said Ship put the best side outmost Captain Spragg had just grounds for the seizing of the said Ship and the subordinate Officers of Iustice upon the place were so well satisfied therewith that without a superiour command by favour from the King of Spain he had obtained a sentence of confiscation of the said Wines And had Doedesâ—n Star comported himself in like manner your Lordships had not been troubled with this complaint but when he had taken the Charles he forthwith plundr'd her to the very boards yea took out of her all that was good of her very sailes and rigging used the men barbarously and cruelly and when all was done she was turn'd going at sea by Wilshut one of Doedesson Star's Captains in stead of bringing her into this Country to a lawfull tryall and adiudication the which he was obliged to have done both by his commission and his orders from the Admiralty of Asterdam as appears by their forementioned Letter to their Lordships of the 1. of Novemb. last and Captain Spragg is so far from understanding the not doing thereof to have been any thing of favour or good hay to him as their Lordships would insinuate in their answer as that on the contrary he complains thereof in the highest manner And for what is suggested as if Wilshut his quitting of the said Ship Charles was out of necessity upon the account of her leakiness this is a most frivolous and groundless pretext for Wilshut was then upon the Coast of France as is acknowledged in the said answer and so if he had done nothing but what becomed an honest man he might have carried her into some Port of France to have stopped her leaks and then have brought her to this Country but the plain truth was this Wilshut's own conscience after some time of consideration accused him that they had done what they could not justifie neither in France nor in this Country and upon that account did not abandon her as would be insinuated but forced his Majesties Subjects into her and with menaces bid them begone with their Ship as it was or else that he would still keep them in irons the whole summer and that this was the truth and bottome of the businesse appears not only by the Examinations taken in the high Court of Admiralty in England but also by the aforesaid Letter of the Admiralty of Amsterdam the words whereof are these Pourtant s'il s'estoit retourné vers St. Martin susdit illecq extendant qu' à cause de la prise de la dite Fregatte en cette Rade existe roit beaucoup des inconvenients considerant l'incommodité d'icelle aussy jugeant l'incertitude comment la ditte prise par nous pourroit estre considerée il se conseillist les gens y trouvez remettre en leur possession