Let this CATALOGUE and LIST of DAMAGES be Printed Novemb. 1. 1664 Roger L'Estrange A CATALOGUE OF THE DAMAGES FOR WHICH THE ENGLISH Demand REPARATION from the United-Netherlands AS ALSO A LIST of the DAMAGES ACTIONS and PRETENSES for which Those of the VNITED-NETHERLANDS demand Reparation and Satisfaction from the ENGLISH TOGETHER WITH The Answer of the ENGLISH subjoyn'd to the Several and Respective Points of Their Demands LONDON Printed for Henry Brome at the Gun in Ivy-lane 1664. THE PREFACE THE Practices of our Neighbours the States General of the Vnited Provinces towards his Majesty of Great Britain and his Subjects have been so notorious both at home and abroad in Private and in Publique in their Prints Writings and otherwise that the whole world is sufficiently enform'd how great a part they have made it of their business to traduce the Honour and Justice of his Most Sacred Majesty and to multiply Injuries upon his People Which proceeding of theirs we cannot but look upon as somwhat irregular considering their deep obligations to This Crown together with their long Experience of the English Nation which they have found upon several trials and occasions to be either the most necessary Friend or the most dangerous Enemy to their Interest and Government upon the face of the Earth But whether they have done well or ill we are not to determine having only obtain'd leave nakedly to publish the Fact of the Case submitting the merits of it to all Indifferent Judges For the Better understanding of the whole Affair we are to advertise the Reader that his Majesty out of a Pious and Generous disposition to preserve a fair Intelligence with the States above-mention'd and notwithstanding divers motives and provocations to the contrary hath been graciously pleased since his happy Restauration to renew an Alliance with them and leave the Adjustment of and Satisfaction for the Damages done to the English by those of the said Provinces to a long and deliberate way of decision his Majesty obliterating many past misdemeanors in order to a better Correspondence for the future and promising to himself undoubtedly a Return answerable to so great a Goodness Instead whereof they have only rendred further dis-Obligations and Reproaches supplying a palpable defect of Right and Reason with a proportional measure of Confidence and Clamour Witness the dishonourable Constructions they have made of his Majesties long-forbearance together with the Peremptory Judgment they have past upon the English Demands and all This without so much as a thought either of a Pertinent Reply or a Reasonable Satisfaction Which we do the less wonder at First in regard that the Truth and Equity of our Pretences are effectually Vnanswerable having suffered so strict an Examination even by the Parliament it self and after That having been made out upon so clear and undeniable Proofs that it was impossible to add any thing either to the Solemnity of the Debate or to the Light of the Evidence And in the next place as to the point of Satisfaction not to aggravate matters we shall content our selves to say That measuring things to come by things past we did not find much reason to expect it and so we shall leave them to the fate of their own Errors But in the mean time for the disabusing of the World and for the manifestation of our own Integrity we shall present the Reader in this following publication first with A CATALOGUE of the DAMAGES for which the ENGLISH demand REPARATION c. And after That with our Neighbours Recrimination upon Vs under the Form and Title of A LIST of the DAMAGES ACTIONS and PRETENCES whereof the EAST-INDIA-COMPANY of the LOW-COUNTRIES do promise Themselves to have REPARATION and SATISFACTION With the Answer of the English subjoyn'd to the several and respective Points of their Demands remitting it upon the whole to God Angels and Men to Judge betwixt Us. A CATALOGUE OF THE DAMAGES For which the English demand Reparation And First Of the Damages which the English East-India-Company has sustein'd by the East-Indian-Company of the Vnited Provinces COncerning the Ship call'd the May-flower whereof one William Curtis was the Commander Who being Agent also for the English-Company having obtein'd liberty from the Queen of Acheene to traffique there was about the Month of Aug 1658 old style debarr'd of all Commerce by one Balthazar who at that time commanded 3 Ships belonging to the East-Indian-Company of the Netherlands and seiz'd Three Thousand Eight Hundred Seventy and Eight pounds of Pepper which the said Ship had begun to lade with forcing the said Curtis to depart Empty and nothing of this was known at London upon the Tenth of January following 165 8 9. Touching the Ship the Dragon one Nicholas Budiford Commander which came before Bantam about the Month of October 1658 old style which was forbidden and hinder'd to Traffique there by certain Netherland Ships then upon the Place and by the General of Batavia by whom the said Ship was constrain'd to depart without her lading and also necessitated to stay in the Indies till her Provision was spent and forced at last to return in the Winter and so she was lost Of This likewise nothing was known at London upon the Tenth of January following 165 8 9. Touching the Ship the Advice Robert Mayne Commander which being arrived at Bantam about the Month of October 1658 Old Style was in like manner as the Dragon forbidden all Commerce there and forc'd to depart And neither was this known at London upon the Tenth of January following 165 8 9. Concerning the Ship Marigold John Connis Commander which arriving at Bantam about the Month of February 1658 Old Style one Keyser who commanded at that time 5 Ships before the Place shot at the said Ship and hinder'd her either to Enter or Traffique there so that she was necessitated to go her way Touching the Factory of Jambee in the Isle of Summatra upon the 9th of August 1659 Old Style When Peter de Goyer Principal of the Dutch Company at Jambee and Jonathan Clas his Second with about 40 Dutch-Men and 150 Slaves all arm'd and in form of an Enemy enter'd by force into the Magazin of the English in which outrage the English were very much damnified The Ship called the Merchants Delight Thomas Bell Commander arriving at Bantam in 1659. Old Style was hindred from either Entring or Trading there by certain Ships of the Dutch Company who were there at that time and so she was enforced to depart thence The Ship the Merchant of Constantinople Robert Brown Commander in the Month of Sept 1659. Old Style sailing betwixt Vingola and Goa upon the Coast of India was attacqued by 7 Ships in the Service of the Dutch-East-India-Company whereof Peter of Beeter was Vice-Admiral who took by force out of the said Ships One Thousand Nine Hundred Seventy and Eight Granades Fifty Nine Iron Guns and Three Brass Morter-pieces For Monyes disburs'd about 166 1 2. to make a
the advantage of the night and turned out the Master and all the Seamen That the Proprietors having represented this to his Majesty did in the end obtain a second discharge in August 1662. the Master of the Ship hoping after this to enjoy the full effect of his Order was forced to content Captain Wutworth and to fit out the Ship again after she had been the second time plundered To the 26. Article it is Answered Ans 26. That we never heard of any Scotch Man of War called Wutworth but true it is that his Majesty upon the first complaint did write a peremptory Letter to the Lords of his Privy Council in Scotland in these words Being informed that there are 2. Vessels belonging to the States of the United Provinces the one named the Vogukay and the other the Goude Real and a Busse taken some of our Subjects Our will and pleasure is that you command them to be forthwith restored unto the hands of James Davidson or to the Masters of the same Ships who are now in Scotland to require them and withal that express order be given that none of our Subjects presume upon whatsoever Pretext or Commission to take or molest any Ship or Boat belonging to the said States under all highest pains This Letter was dated the 21. of August 1661. There was another Letter written by his Majesty 5 July 1662. directed to the Earl of Middleton then his Majesties Commissioner making mention of his former Letter and then adding But soon after upon an humble Petition presented to Us and our Privy Council of England by some pretending interest in the said Ships We appointed our Council to examine the Truth of what was alleadged and to certifie the same to Vs and in the mean time to cause the said Ships with all their materials to be secured till our farther pleasure And now they having examined the whole business and having reported the same to Vs upon consideration of the whole matter We do require you that the said 2. Vessels with all their materials be fourth-with restored to James Davidson or to the Masters of the said Ships who do attend to receive them Of which expecting your performance We bid you farewel That the Magistrate of Edinborough did any violence or that the Master was constrained to content Capt. Wutworth after the Ship had been a second time plundered was never complained of to his Majesty and therefore is not like to be true And seeing the King did so readily order restitution it seems a groundless complaint William Mumma Preten Art 27. and his Associates Merchants of Amsterdam do say that one of their ships named the Hercules David Wouters Master departing from St. Sebastians anno 1657. to go to St. Lucar and Cadiz was the 14 of August in the same year taken and detained by the said Captain John Stoakes who took out all the Merchandize laden upon her without giving him any reasonable satisfaction for his Freight See for the Answer to this pag. 44. onely that the said Commander paid him 1500 Ryals of 8. and no more The said Mumma and his Associates do pretend that they ought to be re-imbursed of their Expences Damages and Interests Albert Lemmerman of Amsterdam says that in Octob. 1655. Preten Art 28. one of the ships named the St. James of the burthen of 300 Tuns Aaron Martin Master coming from Porto in Portugal laden with Tobacco Sugars Shumack and Elephants Teeth having sprung a Leak at Sea by foul weather and being thereby made incapable of prosecuting her Voyage the said Master of the Ship to avoid a further danger ran ashore upon the Coast of Arundel and being there busie in unlading the Ship of some of her choicest Goods an Officer came to him and commanded him presently to leave his Ship not permitting him to carry any thing away with him That the said Master and Mariners being thus constrained to leave the said Ship and Goods there fell upon them presently a great number of the Country people who by the order or at least with the consent of the Officer pillaged the Ship carried away all the Merchandizes and took away the Cordage Rigging and all to the very bolts and nails leaving the very hulk of the Ship worth nothing And though the said Master made his complaint of this barbarous proceeding and in persuit of the business spent a great deal of his time and money and though the Ministers of State and the Admiralty of England were fully convinced of the reason of his complaint yet so it is that the said Lemmerman could never obtain the least satisfaction either by way of Justice or otherwise but was continually put off with delays and excuses As to the 28. Article it is Answered Ans 28. That it may be very well so and the parties may escape with so foul an Act unless a complaint had been made against some particular persons of them by name that they might have been proceeded against and prosecuted according to the Law of the Admiralty which hath certain Rules to proceed by against such Offendors yet we do find in the Court of Admiralty a complaint entered upon which a commission of Inquiry issued forth for discovery of such persons as had done such violence but can find no return thereof so that it seemeth no such discovery could be made Peter Pouilly Preten Art 29. Jerome Boshe the Widow of Heertgen Johnson the Heirs of Daniel Johnson Merchants of Amsterdam do all say that it is very true that one of their Ships named the St. Nicholas of which Baron Claessen Spierdyck was Master coming in January 1657. from the Isle of St. Vincent was taken by an English Fregat call'd the Mackdethem and was delivered to Admiral Blake That the same Ship being carried to Lisbon was there unladen of all her Merchandize part whereof was sent to London and the rest sold with the Ship it self at Lisbon The same Ship and goods being reclaimed by the said Merchants in the month of December in the same year 1657. after long and painful pursuits the said Goods were declared free and exempt from all confiscation by two successive sentences of the High Court of Admiralty of England the one of the 17 of January and the other on the 20 of October 1659. That there being made in England an exact accompt of the proceeding upon the sale of the said Ship and Goods it was found to amount to the sum of 11407 l. 3. s. 9d sterling making 120 m. Florens And forasmuch as the said Merchants could never enjoy the effects of the said sentence nor obtain any satisfaction They pretend that they may demand the same summe by vertue of the said sentence with the Expenses Damages and Interests To the complaint of Peter Ravilli Ans 29. and others set forth in the 29. Article it may receive the same Answer as is made to the complaint of the said Vanhulten upon the 21
Gardiner to pay him the summ of 21 7 Florens 2 Solz To the 57. Article Answ 57. The Complainant confesseth he compounded with the Captain and voluntarily agreed by the interposition of his own friend and therefore can have no cause for complaint of Injustice done him Heerge Peters Molenear and his Associates Pretense Art 58. dwelling at Enchuysen do say that one of their ships called the Corn-mill of which Peter Cornelissen was Commander being arrived in Greenland See this Answ p. 65. was discovered the 6 of July 1662. far enough to the North from the remotest point of any part of the Coast and 24 Leagues at least from the Bay Disco by an English Fregat named the Mary of which John Clarke was Captain That the said Captain obliged the said Commander to come aboard him where he kept him Prisoner 3 days and nights without any reason and notwithstanding all the instances intreaties and desires of the said Commander That after this the said Captain carried the said Commander in his ship toward the Bay where the English Admiral lay and would not dismiss him until he had taken from him by force 4 Shallops 12 Fishing Lines 20 Nets 8. Harpons 4 Shallop sails and all the Oars and other necessaries for the whole Whale fishing which cast him into such disorder that in the most proper season of the Fishing he was constrained to abandon it and return home Cornelius Peterson Pretense Art 59. Lowen and Peter Adrianson Van Ley dwelling at Purmerent do represent that one of their ships named the Wooden Fort on the 2 of August 1662. being fishing for Whales about 5 or 6 Leagues from the Coast toward the Bay of Belsont and having the day before taken a Whale 16 Leagues from Land was attacqued by 2 English Vessels of which one was a Fregat commanded by Captain John Clark and the other a Pinnace of which John Piper was Captain and after they had committed several outrages upon him he was carried by them into the Bay of Belsont to the English Admiral John Mandrey and though the said Admiral could not pretend any right to the Whale that had been taken and confessed he had nothing to pretend to it if it were taken 14 or 15 Leagues from the Coast and notwithstanding all the Mariners of the ship the Wooden Fort did declare that it was taken at that distance yet the said Admiral did not onely take the said Whale but also the Finns of another 2 Shallops 12 Lines 24 Oars 24 Nets 4 Harpons and many other Instruments necessary both for Fishing and Navigation so that the said ship finding her self by that means disabled to continue her fishery the Interessed have reason to demand reparation for their damages Jacob Jeunissen Winding and his Associates Pretense Arti. 60. do say That on the 3 of August 1662. one of their ships named the Prince William of which William Jacobson was Commander being fishing for Whales in Greenland the said ship was driven by a small Wind near to Belsont within 5 or 6 Leagues of the Coast and there met Captain John Clark in Company with another fair English ship well mounted That the said John Clark did first make a shot over him and then Another directly At him and so forced the Commander to come aboard him And while the said Commander was aboard the said Fregat with some of his Seamen the men of the Fregat entred the ship Prince William and took out of her by force as follows 2 Shallops 18 Lines 23 Nets 10 Harpons 10 Foregangers 20 Oars 2 Sails 4 Hatchets 1 slitting Knife and other Instruments and moreover the Captain extorted from him for his two shot which he had made 20 Florens in money 4 Cheeses 2 Barrels of Brandy and a bag of Grout so the said Commander being by reason of this pillage put out of all condition to continue his fishing was constrained to return home John Claessen Merchant and his Associates dwelling in the Ryp do complain That one of their ships named the Fisher of which John Arissen Brack was Commander being in June 1662. arrived in Greenland to fish for Whales had there the ill luck to receive such damage and disorder by the Ice that to stop his Leaks and caulk his ship he was constrained to draw near the Coast and in pursuit thereof the said Commander the 26 of the said Moneth entred with his ship into the said Harbour called Green-Hauberg in Spits-Bergen and caused his ship to be there Carined to stop her Leaks where the said ship being thus repaired and ready to return to the fishing the said Captain John Clark came directly upon him and took from him 4 Shallops 9 Lines 15 Nets 24 Oars some Sails and Masts a great quantity of Hatchets and all sorts of Knives and Vtensils necessary for fishing so that by this means the said Commander found himself disabled to continue the fishing To the 58 59 and 60. Article It is answered Answer to 58 59 60. That the Country of Greenland was discovered by the English in the raign of Queen Elizabeth about the beginning of King James his raign the Kings Standard was set up and the dominion thereof assumed to be in His Majesty by the name of King James his New-Land in pursuance whereof his said Majesty did by several Acts of State assert his right thereunto and particularly the 10. of January 1613. his pleasure was signified unto Sr. Noel Caroon Knight Ambassadour for the States of the United Provinces as followeth viz. That the said Country of Greenland together with the fishing of Whales upon that Coast and all other Commodities arising from thence do properly belong to his Majesty Jure Dominii His Subjects having been the first discoverers thereof as was made manifest unto the Lords of his Majesties Privy Council and possession taken in the name and on the behalf of his Majesty by erecting his Highnesses Standard on that place and therefore that without leave first obtained from his Majesty or from those to whom his Highness had granted the sole use and possession thereof it is not lawful for any other of his Majesties Subjects much less for Strangers to fish or abide there And whosoever should presume to attempt any such thing as it appeared the Hollanders had done especially being forewarned as they had been the year before if thereupon any prejudice or loss did happen unto them either in their persons or goods by being forc'd to depart or having their Commodities taken from them they cannot justly complain of any wrong for they came thither upon their own perils And in purfuance of their Right his Then Majesty and King Charles the First of blessed Memory and their Subjects by their Authority having constantly asserted and maintained the fishing in Bell Sound Green Harbour and the Harbours and places adjacent against all Nations which have intruded and in particular in the year 1618. in the defence and exercise of this
Company and confiscated at Calbarine aforesaid notwithstanding that the said Company had given permission to the said Vessel to the end aforesaid The Ship the Assada Merchant being employed by Mr. Nicholas Buckeridge to go to Bantam to take in such Goods as the said Buckeridge had prepared there in July 1657 was hindered by a Ship of the Netherland-East-Indie Company which was sent expresly from Batavia And this was not known at London the 10 20 of January 165 8 9 as will be made to appear The Ship Anne Piercy belonging to Daniel Fairfax John Dethick and Company of English Merchants as she pursued her Voyage from England in March 1656 to go to Pantelorea between Legorn and Smyrna and being design'd for Smyrna was assaulted by a Ship of Amsterdam call'd the Antonio whereof one Ree Morice a Hollander was Commander who burnt and sunk her with all her Lading The Ship the Aethiopian belonging to John Allen and Matthew Babb English Merchants whereof Peter Blake was Commander being sent to Bobuee upon the Coast of Guiney with design to trade for Negroes was seiz'd in a hostile manner in the month of January 1661 by a Ship belonging to the West-Indie Company of the Vnited Netherlands call'd the Post-horse which carried her to the Castle of Mina The Ship the Lyon Providence of London belonging to Sir William Thompson and Company of English Merchants who laded the said Ship at London for Guiney was seiz'd on in August 1656 near to Cape Lopez in Guiney by two Ships belonging to the Netherland-West-Indie Company the one call'd the Mary of Amsterdam and the other the Vnicorn of Middleburgh whereof John Serael of Munekedam was Commander The Ship call'd the Brazil-Fregat of London belonging to John Bushell Edward Bushell and Company of English Merchants was seiz'd between Angola and Fernambuck in the year 1657 by a Ship of Flushing call'd The Sluce whereof one Quaerts was Commander The Ship Charles whereof Captain Sprag was Commander was seized in the Road of St. Martins in France in July 1660 by Three men of War in the service of the States General and commanded by Captain Enno Dondestarre The Ship Content of London whereof William Jordan was Commander as she set sail from the Downes in October 1661 on design to trade upon the Coast of Guiney was seized there by a Ship belonging to the Netherland-West-Indie Company call'd the Holy Barbara which carried the said English Ship to a certain Island call'd the Isle of Gene. The Ship True love belonging to Sir Draper and other English Merchants Edmund Nicholas Commander for certain Goods taken out of her belonging to English and for the freight of such Merchandizes as were taken out belonging to Portughueses near to St. Michell one of the Western Islands by Abraham Dominicus Commander of the Ship The Dauphine of Flushing in 1659. As likewise for Merchandizes taken out of the same in her Voyage between Lisbon and New-England in the year 1660 by the Ships the St. John Baptist whereof John Lopez was Commander the Catharine Captain Oncruise Commander and the golden Burgh Captain Thrumcap Commander The Ship Charles belonging to Mt James Burkin and Company of English Merchants whereof one John Blackler was Commander being laden for their Particular upon the Coast of Guiney was seiz'd upon the said Coast in August 1661 by a Ship belonging to the Netherland West-Indie Company call'd the Amsterdammer of Amsterdam one Aaron Couzens Commander and carried by him to Castle Mina The Ship Packet Fregat whereof Edward Harrison was Master belonging to one James Drawater and Company of English Merchants being laden at Genoa and Final and design'd for London was seiz'd in her Voyage at the Streights Mouth by a Netherland Ship call'd the Golden Duyk commanded by Captain Albert Cock about the 13th of May 1654 Old Style and carried to Cadiz in Spain where the said English Ship with part of her lading was restored And Satisfaction is now demanded for the rest and for the Cordage of the said Ship The Ship the Constant Mary belonging to Francis Bellars Thomas Fowke Richard Glover and Company of English Merchants whereof one Daniel Lester was Master being laden at London and design'd for Guiney was seized upon the 8th of May 1654 Old Style about 20 Leagues from the Cape Saint Vincent by a Netherland man of War call'd the Holy Cicilie whereof one Hanse Alburge was Commander being as he confessed in the Service of the States of the Vnited Netherlands The Ship Nostra Seigniora di Remedia having taken Merchandizes abord in the Port of Macassar upon the Island of Celebes in the Great Indies in the year 1660 Old Style was seized the 29th of May of the same year by two Ships of War in the Service of the Netherland East-Indie Company which carried the said Ship to Batavia The Ship the Leopard belonging to Nicholas Bauchart of London and Company of English Merchants was seized near to Capo Blanco in October 1656 by the Challoup of a Holland man of War both belonging to the Netherland West-Indie Company and carried to the Castle of Arangeny at Capo Blanco The Ship the Golden Sun of Lubeck having abord her 110 Last of Rye and being freighted at Revel upon the Baltick Sea by one Thomas Beautry Merchant of London and for his accompt in the year 1659 was seiz'd by some Netherland men of War belonging to the States General and commanded by Admiral Opdam who sent the said Ship to the Admiralty of Amsterdam The Ship call'd the Dove of London belonging to one Jacob Granger John Warner and Company of English Merchants John Johnson Master was seiz'd near to Shetland on the North-side of Scotland by a Netherland man of War and sent to Enchuysen The Ship call'd the Rebecca of Ipswich George Buckenham Master was seiz'd by a man of War of Ostend commanded by one Derwelly and carried into Zealand and there they unladed a part of her Goods before any Tryal in the Admiralty and notwithstanding all the Addresses and Applications which were made to the Admiralty of Zealand the said Ship of War was suffer'd to return to Sea and escape Seized by Admiral Opdam and other Vessels under his Command upon the Coast of Portugal in the year _____ abord the Fleet or Portuguese Ships a quantity of Sugars and other Merchandizes belonging to the English and carried away to Amsterdam and other parts of the Vnited Provinces A LIST of the Damages Actions and Pretenses whereof the East-India-Company of the Low-Countries do promise themselves to have Reparation and Satisfaction from the English The Damages which the Company hath really suffer'd or that have been caused to them by the English THE Counsellors deputed in the Colledge of the Admiralty of Amsterdam Dutch Pretense Art 1. do represent that Captain Abraham Vanderhulst having in the year 1657 taken a Portuguez Ship laden with Sugars was forc'd by storm to Harbor at Portsmouth and though the English could not pretend any right
ratified by the States in haec verba Et praeterea Statuimus ac Ordinamus ut praedicta Societas Belgica cedat ac restituat Societati Anglicae praedictae Insulam Pouleron eo in statu conditione in qua nunc est ita tamen ut licitum sit dictae Societati Belgicae tollere amovere ex insulâ praedictâ apparatum Bellicum Merces Suppellectilem omnia mobilia si quae fortassis in dicta insula habeant So that then the word of Restitution us'd in both those Articles evinceth our original right to it and convinceth them of their Injustice in dispossessing us and deteining it so long from us And neither of those Articles obliges us to any Formalities of the King's Commission or more then a bare Demand of it when we had a mind to receive it And our Ships that were sent to possess it being departed as they confess before the conclusion of the Treaty in 1662 and That Treaty containing nothing that derogates from the two former Treaties they cannot but with monstrous confidence accuse us of proceeding irregularly especially when it shall be considered that our Ships carried not onely the King's Commission under the Great Seal to possess and plant it but even Orders also from their States and Company Dated the 18th of October 1660. The receipt of which the General and Councell of Batavia acknowledged by their Letter of the 8th of November 1661 and though in the same Letter they say that since the Date of those Orders they had by their last Ship out of Holland received Intelligence that new debates were arisen between the two Companies and therefore we could not with Reason demand surrender of the said Island until they had farther Intelligence from their Masters in Holland yet our Commanders had both the Order of their Masters and a just title to the liberty of sailing into those Seas to Trade without the Hollanders leave or disturbance Nor was there any colour of Jealousie given to the Dutch of any hostile design when the English Commanders declared their Resolution to follow their Masters Orders and went onely with two Merchants Ships provided for Trade and planting the Island if it had been amicably delivered as it ought to have been and therefore we think it had been ridiculous and imprudent for the Commanders of our Ships to have desisted from the prosecution of their Voyage and demanding the Island upon the place as it is in them now to demand of us satisfaction for the expence of those forces which they say they sent to affront his Majestie and keep us from our right while under the Fictitious Pretense of a Jealousie they designed according to their usual practise to give us a forcible and real interuption in our just course and liberty of Trade for which we hope in time to receive satisfaction and security against the like in future After that the East-India Company of these Countries had in the year 1655. Pretense Art 5. Vide page 22. for the Answer really paid in England under good and sufficient Acquittance the Moneys contained in the Arbitrary sentence pronounced in the year 1654. by the Commissioners named on both sides amounting unto the sum of 88615 l. Sterling by which they thought to have fully stopped all pretenses and therefore might safely order their Ships to take in their return the usual Channel and to those that they dispatch'd from hence to land in England as if they should be thereunto forc'd by storms or contrary winds there to expect fair weather and a favourable wind Nevertheless the English did not omit to raise new actions and pretenses against this Company as soon as they heard in the Month of Sept. 1657 that there was arrived in the said Channel a Ship of the said Company call'd Henrietta Louisia and they obtained presently by direction of their Admiralty a Warrant or Commission to make a Seizure of the said Ship and of its Cargo to the prejudice and contempt of the Treaty so lately made with them and That under a frivolous pretense of the English-East-India-Company for the sum of 100000 l. Sterling and of the Commissioners Established upon the disaster of Will. Courteen after his Bankrupt of the like sum of 100000 l. But the said Ship having very happily escaped their hands the Admiralty did anew grant in the Month of November following a second leave for seizure which was effectually executed upon the Ship call'd Sterling which being departed from hence to go to the East-Indies was forc'd by storm to Harbor at Portsmouth so that the Company of this Country seeing the irregular and unjust proceedings of the English to prevent such like inconveniences for the future hath been obliged to order their Ships instead of passing the Channel in their return to go about by Scotland and to take their way Northward as they did formerly which does not only cause that the Merchandizes arrive and are sold later every year then before to the great damage and prejudice of the Company which is thereby obliged to pay greater Wages and their men are expos'd to greater and longer dangers and suffer greater damages and inconveniencies but they are also oblig'd as well for the safety and preservation of their Fleet when it is coming home as for the refreshing of the men who coming from that Country hot do suffer by the cold in making so long turns by the North to fit every year a great number of Men of War and Pinnaces to send before to meet them by the North. The Charges disbursed and that must yet be disbursed to that purpose and the Damages amounting to a most considerable sum as it shall appear by the Accompt that shall be thereof given From the time that the Company of these Countries did understand that the grant of seizing the said Ship Pretense Art 6. Vide page 22. for the Answer call'd Henrietta Louisia was given because that about That time they did expect the two Ships call'd Arnhem and the Castle of Honigen which were to return by the Channel they found themselves obliged by a warrantable apprehension and necessary care to cause some Men of War and Pinnaces to be made ready and to depart with speed to meet and convoy the others So that the re-imbursement of those charges may justly be demanded from the English Furthermore Pretense Art 7. Whereas the Company abovesaid apprehended some like seizures in all the Ports of England they have been obliged expresly to forbid the Ships they dispatch from hence to enter there or cast Anchor in the Road which is the cause that many of their Ships finding themselves often surprized by storms have been forc'd to come back and enter into the Ports of these Countries to stay for a more favourable wind to the great prejudice of their Voyage and exposing themselves to great danger the damages thereby suffered and by those delays amounting to a sum also very considerable To the
fifth sixth Answer 5 6 7. and seventh Articles we think it sufficient for Answer that if their being conscious to Themselves of the injuries done by Them to the Subjects of This Kingdom and yet not honest enough to be willing to make legal satisfaction does fright them from passing with their Ships through the Channel lest they might fall within the Virge of the Law they may Themselves blame their own unreasonable fears but yet to shew the world how unreasonably they would ground a pretense of satisfaction from Vs for their own unjust Jealousies We desire it may be noted that all that they complain of was an attempt of a Legal Proceeding against the two Ships the Henrietta Louisia and L' Estourneau one of which was never Touched with an Arrest and the other released as soon as it was requested During the War that those of Bantam have begun against the said Company Pretense Art 8. against all equity and reason with so much perfidiousness that even the English have been obliged to avouch and testifie as much by their Letters the said Company had no other means to oppose themselves to it and to do them hurt then by keeping their Harbour and City surrounded and besieged with a Fleet of Men of War and to hinder their Trade and that there should not go in or out the Merchandizes and Provisions they might have need of thereby to disturb them so that they might be constrain'd to submit to reason or else to weaken them so much that causing their Forces to draw neer and assaulting them vigorously on the Land-side they might be utterly vanquished thereby and wholly subjected The Experience and Event having also made it known that they have been so much humbled thereby that they have been forc'd to come to desire peace as with joyned hands But the English who by virtue of the Treaty made with them by this State were obliged to be helpers to the Company of these Countries in this Encounter so much the more that it was They that were set upon and that only by an aversion and irrreconcileable hatred whereof the Moors are prepossessed against all Christians in lieu of helping them have lost no opportunity to oppose themselves to our designs and have endeavoured with their Ships to procure the Harbour free and to make them lose the Benefit of a siege which had cost them so much trouble and charges and in Consequence to cause the said Company to be consumed by those means because That hath been the cause that not only the said War and Siege have endured far longer then they should otherwise have done which hath caused great prejudice to the said Company and hath much vexed it but also that they have been obliged to hinder the English to obtain their end to have the said Road surrounded and besieged by a greater number of Ships and those bigger then otherwise they should have needed to employ so that besides the other delays hinderances and prejudice caused to the said Company for that cause in other occasions they have been obliged to be at a very great charge and have been very much incommodated with other Expences To the eighth Answer 8. We say it ought not to come in consideration at all because no time is assigned of the fact nor any person or Ships named nor have we knowledge of any thing but our sufferings during the time that some of their Ships lay before Bantam unless they will call it a crime that we endeavoured amicably to obtain from them the just liberty of Trade which the Law of Nations allows and they denyed us And we can guess at no other ground of that War unless it were to force the King of Bantam to a Contract to exclude us The English know that the abovesaid Company have ever treated with the Queen of Acheen Pretense Art 9. as well for the Tynn which is bought at Perager as principally for the Pepper which grows in the Western Coast of the Island of Sumatra by which Treaty the said Pepper is to be all delivered at a certain Rate whereof there is an agreement made with the said Company to the exclusion of any other Nations as the Company is likewise obliged on their side to go fetch all the Pepper at the said rate The English have heretofore made such Contracts as well joyntly with the said Company as by themselves with several of the Indians for it doth appear by the Agreement made in the year 1619 betwixt the two East-India Companies of England and that of the Low-Countries for the re-establishing of the Affairs of Bantam by the Approbation and Authority of the King of Great Britain and of the States That there had been then such a Contract made with the King of Acheen by the which it was also agreed how and in what manner both the Companies could joyntly make such a Contract with the King of Bantam for the Pepper which groweth in his Country and the same to the express and formal exclusion of all other Nations as well Indians as Europeans who would trade therewith The which was accordingly perform'd and practised And although for That reason the English were obliged not to trouble the Company of the Low-Countries in performance of the Agreements made which do as yet remain in force they have however always endeavoured to frustrate the said Company of the Benefit of the said Contract by indirect ways and evil means in corrupting the Inhabitants of that Country in obliging them to sell them the Tynn and the Pepper by the greater Price or Rate which they caused to be offered them from time to time without taking any notice of the protests made by the said Company or their Agents against such proceedings so far that the said Company not able to forbear any longer was forced for the observation and execution of the said Contracts to take up Arms to bring those men to their Duties by meer strength they having been taken off by the ill practices and cunning ways of the English The peace was not so soon renewed with the said Queen as also the old Contracts but the English came in with their Ships with a design to disappoint also the abovesaid Company of that Pepper if they could have done it so that the English have been the movers and given occasion not only for the said War which the said Company was forc'd to make against the Kingdom of Acheen with so excessive charges but also by the sleights they have made of their protests they have obliged the Company to keep there continually a number of Ships to hinder the Inhabitants to sell their Tynn and Pepper to the English by hidden and indirect ways and frustrate thereby the Company of the Low-Countries which hath caused a very considerable prejudice and damage to the said Company which doth conceive it self to have a right of demanding reparation thereof from the English Company In the third place the
Right therein the English sustained great damages to the value of 66436 pounds 15 shillings by the Hollanders and Zealanders the doing whereof was disowned by the States as a depredation and satisfaction treated upon by Commissioners who not agreeing it was referred to his Majesty who awarded 22000 pounds to the English Merchants but no part thereof was ever paid And as a farther testimony of their Right by Occupancy the English are the onely persons that ever did Winter there That the Dutch and Netherlanders to render this Right as ineffectual as they could have oftentimes of late years ridden with their ships before the said Harbours to disturb the fishing of the English by scaring and diverting the Whales from coming in To prevent which the English have to their great trouble and damage been compelled to leave their fishing in the Harbours and come forth to warn them away both by fair means and by force which warning the Dutch have ever used to receive and to submit to the English right by their departure accordingly but no damage was ever heretofore pretended for the same Nevertheless in the Year 1660 and 1661. the Subjects of the United Netherlands growing more numerous and insolent upon that Coast complaint thereof being made to his Royal Highness the Duke of York Lord High Admiral of England his said Highness was pleased in the Year 1662. to send Captain John Clark with one of his Majesties Vessels called the Little Mary to protect the fishing who in order thereunto did warn the Dutch off from that Coast where the English used to fish and have right of fishing As to the particulars mentioned We answer that Captain Clark and the others named therein being Mariners and abroad upon their several employments full answer cannot be given thereunto but certain it is that no claim hath hitherto been made by any person whatsoever in any of his Majesties Courts of justice nor demand elsewhere which gives just occasion to conclude that all those complaints are groundless All that we can hear of is That two ships of the Hollanders riding in one of the English Harbours called Fair Fore-land alias Sir Thomas Smiths Bay contrary to order before given by the aforesaid Cap. Clark were by him forced to depart from whom he took only 5 Shallops with some other fishing instruments whereby to disable them from farther disturbance of fishing in the English Harbours which could not be much damage unto them the season for fishing at Sea which was their design being then past For the ship called the Wooden Fort from which it is said there was a Whale taken it is affirmed that she was riding within two Leagues of Bell point in the mouth of the Harbour which is a place proper to do mischief to the English in scaring and diverting the Whales but not fit to fish in and the said Captain Clark coming on board and finding a Whale newly killed caused the said Whale as also 2 Shallops to be taken from him being there in contempt of his Majesties Authority after warning given and in contempt of his Highness Commission But the said ship had in her Hold to the quantity of 5 or 6 Whales in Bubber and Einns which he did not meddle withall conceiving them to have been taken at Sea As to the fourth ship for the reasons aforesaid no particular accompt can be given thereof but by all that is alleaged it appears that Captain Clark onely took from her such Utensils as might disable them from fishing in or before the Harbour to the disturbance of the English which His Majesties Subjects hold themselves bound to defend so long as his Majesty shall please to assert his interest and right of fishing William Johnson Kreigt dwelling at Graft saith Pretense Art 61. That one of his ships fishing for Herrings named the Charity Martin Geritzen Masters Mate returning from fishing laden with 21 Last of Herrings See for the Answer to the 61 62 63 64. in pag. 60. and having withal 120 Livres in money which he had received for a Last of Herrings that he had sold was upon the 13. of September 1661. attacqued about 8 Leagues from the Texel and taken by one Captain Sadlington and carried to Colchester where being arrived the said Masters Mate saw his ship unladen and was afterwards constrained to carry her to Wesnoo where he was forced to abandon all Nicholas-Corssen of Adrichen Pretense Art 62. Burgomaster of the Town of Vlaerding complains that one of his ships named the Crescent of which Henry Bastiaens was Masters Mate being laden with 14 Lasts of Herrings was in August 1659. taken by Captain White of Newcastle whose Associates as the said Nicholas Corssen is informed dwelt at Leith in Scotland Aaron de Vosse Pretense Art 63. Burgomaster of the same Town saith that one of his ships fishing for Herring named the Fox of which Joseph Foppen was Master being departed with many other Vessels for the said Fishery and being laden with 285 Barrels and a half of Herring was taken the 11 of July 1660. by the above named Captain Geo. Wotworth of Leith in Scotland whither the ship being brought the said Aaron de Vosse took a great deal of pains and made great solicitation for the Restitution of his ship and Goods as also for the reparation of damages suffered by him but notwithstanding all his pains and solicitatious he could not obtain the restitution of one penny John Martensen Pretense Art 64. Olden Roggen Schepen of the same Town complains That a ship of his of the burden of 54 Tun being gone to Sea to fish and being upon the 13 of April 1659. about 3 Leagues to the Northwards of the Sables was attacqued taken and carried to Newcastle by a Captain called John of London George Andriesen formerly Master of the ship called the St. Peter Pretense Art 65. doth complain That being departed from Middleburgh in Zealand the 18. of December 1661. armed with a Commission from the States to go to the West-Indies was taken and pillaged 10 Leagues from Cape de Cruze in the Island of Cuba by a Captain named James Young who had fitted his ship at London and had his retreat in the Island of Jamaica which Prize was taken the 24. of May 1662. and from the ship which was pillaged there was taken and carried away besides what the Seamen took all the Cargazon and Merchandize that had been entrusted with the Master of the said ship to trade withal so that they find themselves well warranted to demand satisfaction by the Authority of the Original Factors To the 65. Article We say Answ 65. that no such man had any Commission from Jamaica but we have heard that such a person had obtained a Portugal Commission and did Plunder English Ships and all Vessels that he took but durst never go into Jamaica for that Colonel Doyly the Governour of That Place gave Orders to all Men of War to