and Robberies done upon the English in times of Peace and that for some Reasons the Company reserve to themselves And the King for either Reasons hath been pleased to require just reparation in this way of State and to set a greater value upon the Lives and Fortunes of His Subjects then the Hollanders are willing to admit This is the Substance of the Ensuing Narrative which when you have weighed from what hath been set forth in the foregoing part of this Treatise and shall consider all which follows I question not but you may as much wonder at the strange confidence of some persons in Holland as at the patient forbearance of others interessed in England Pardon my Freedome I find liberty in the Low Countries consists only in speaking their minds and parting with their money Yet I will not injure my Cause with Satyrical Expressions nor blame the Seven United Provinces for a few unworthy Hollanders although I must make a little digression and tell them that Cowards cannot be honest and covetous men dare not dye It is an observation in nature that those Creatures which live upon Herbs and Roots are more fearful then those which eat flesh and that where the Elements are bad the habit of the mind follows the temperature of the body But I descant not The East-India Company of the Netherlands or some of their Agents in Amsterdam published the States Answers with several documents intituled the Pamphlet A Refutation of the Kings Letters and Memorials of Sr. George Downing The West-India Company took the same liberty and published another Pamphlet as rude in the manner as false in the matter and reported that the English had spoiled their Trade upon the Coast of Guiny and that the Royal Company had damnified them 80000 l. per annum by invading their Rights and Priviledges It 's frequent amongst Hollanders upon any pretence of Damages to demand both Life and Goods and take a Dollar But it 's dishonourable for an Englishman to demand any thing he cannot justifie or take any thing without a good reason for it It 's possible I may meet with some Englishmen in the United Provinces that can forget their King and Country and others of our Countrymen that study more the advantage of the Hollanders then the benefit of themselves and the English Interest That man must be of a strange Constitution most depraved in his Judgement that had rather pay a Gilder to the States then a Stiver to his Soveraign Prince I shall not hold you any longer in Discourse but come to the business in hand I desire to be tryed by a Jury of Englishmen that goes according to the Evidences before them without favor or affection though the States have in behalf of the Company used all manner of shifts and evasions Yet if I be found guilty of impudence or impertinency I will undergo their Censure and suffer any punishment On the contrary I shall beg that favour of you if the Cause goes with me that you will undeceive the Boors Fishermen in the Low Countries and tell them I have endevoured to preserve a good Intelligence between the King Our Soveraign and the States General upon the Foundations of Justice and Honour I am your Friend and Countryman GEORGE CAREVV Extract from the Register of Resolutions of the Ho Mo Lords the States General of the United Provinces May 10. 1662. REport was made again by the Sieur Braechele others of their Ho Mo deputed touching the Proceedings in England and having also according to their Ho Mo Resolution of the 1. Instant examined certain Letters and Papers written and sent over by the Embassadors of this State at present in England which said Writings were dated at Chelsey on the 28. of April last and addressed to the Greffier Ruysch Likewise caused to be read the same time a certain Memorial the which was from word to word as followeth 1. The Commissioners shall only be for matters past and not for any thing as shall happen after the date of the Treaty made 2. That their Commission concerning what passed as aforesaid shall not comprehend any general terms but shall be expresly limited to a List which shall be made and that they shall not be to take cognisance of any other matters whatsoever 3. And for the agreeing to the like List they shall form one of each side and exchange the said to be considered on reciprocally and in case any specification be found in the said of matters known at Londonbefore the 20 of January 1659. in regard of the pretences of the English according to the Treaty of the 6 of February 1659. and at the same time known at the Hague in regard of the pretences of those of the United Provinces or of any other Action by which the nature of the case will shew it not fitting to be decided in the like manner that then the said may be first taken out of the said List. 4. This List being approved of by the one and the other four months time shall be Limited in which they shall endevour His Majesties Minister at the Hague on the one side and their Ho Mo deputed on the other by friendly Conferences to decide all matters comprehended in the said List being such as are happened in Europe and for such as are happened out of Europe eight months shall be limited and the pretendents or such authorized by them shall be oblieged to appear at the Hague the first day of the 4 months and 8 months abovesaid 5. And in case the 4 and 8 months may be expired in which the pretendents or such authorized by them had continued at the Hague indevouring to decide such their pretences happened in Europe and yet not come to any agreement that then the said pretences shall be brought before Commissioners and to be decided by them as likewise after the expiration of 8 months in regard of matters happened out of Europe and that after expiration of the 4 months and 8 months there might remain any pretences as yet in difference happened in Europe the said Commissioners shall assemble in the City of London and their number shall be four of each side and be fully and wholly authorized even to what it was in the Year 1654. Whereupon being deliberated it is approved that the said Memorial be sent to the Embassadors of this State at present at London to serve them for Instruction and to use their endevours that the said Treaty may be concluded conformable thereto and withal to make His Majesty the King of Great Britain sensible and his Ministers likewise that their Ho Mo judge that His said Majesty would assuredly bring himself into great inconveniencies in case that the Terminus a quo should be as from the year 1654. as for matters out of the East-Indies for that thereby His Majesty would be engaged to make reparation for such Violences and Injuries done by His Usurpers Commissions and Authority between the
to be received by any person or persons whatsoever into their Iurisdictions Countries Lands Ports Creeks or Precincts nor shall suffer any Aid Counsel Lodging Entertainment Souldiers Ships Money Arms Ammunition or Uictuals to be given yielded or afforded unto such Enemies Rebels or Fugitives but shall expresly and effectually oppose withstand and really hinder the same XIII That the Ships and Uessels of the said United Provinces as well Men of War as others meeting with any of the Ships of War of this Common-wealth in the British Seas shall strike their Flag and lower their Top-sail in such manner as hath ever been at any time practised heretofore under any former Government XVI That if it shall happen that during the Amity Confederation and Alliance any thing shall be acted or attempted by any of the people or Inhabitants of either of the said Parties against this Treaty or any part thereof either by Land or Sea or other Waters this Amity Confederation Alliance between the said Common-wealths shall not be hereby interrupted or broken off but shall continue and remain in its full and whole power only in such case those particular persons who have offended against the said Treaty shall be punished and no other And that justice shall be done and satisfaction made to all persons concerned within twelve months after demand thereof made upon all such persons who shall have done any thing against this Treaty by Land or Sea or other waters in any part of Europe or any place within the Straights of Gibralter or in America or upon the Coasts of Africk or in any Lands Islands Seas Creeks Bayes Rivers or any other places on this side the Cape of Good-Hope And in all places whatsoever as aforesaid beyond the said Cape within 18. months next after demand of Iustice shall so as aforesaid be made And in case the persons so as aforesaid offending shall not appear and submit themselves to justice and make satisfaction within the terms respectively here before limited the said persons shall be declared Enemies to both Common-wealths and their Estates Goods and effects whatsoever shall be confiscate and employed to a due and full satisfaction for the wrongs by them done and their persons be liable to such further punishment when they shall come within the power of either State as the quality of their offence shall deserve XXIV That in case any wrong or injury be done by either Common-wealth or by the People or Inhabitants thereof against the People or Inhabitants of the other either against any the Articles of this Treaty or against Common right there shall yet no Letters of Reprizals Mark or Countermark be granted by the one or the other Common-wealth till first Iustice be there sought in the ordinary course of Law and in case that Iustice be there refused or delayed then that Demand be made thereof from the supreme power of the Common-wealth whose people or Inhabitants have suffered wrong or from such as the supreme power shall depute to that Common-wealth where Iustice is as aforesaid denied or delaid or to such power as shall be by them appointed to receive such Demands that all such differences may be composed amicably or in the ordinary course of Law But if there shall be yet delay and that Iustice be not done nor satisfaction given within three moneths after such Demand made that then Letters of Reprizal Mark or Counter-mark may be granted XXV That all persons on either side that shall go out to Sea upon particular Commissions shall be bound before they take out their Commissions to put in good and sufficient Security by responsible Men not of the Ships Company before the Iudges of the Court whence the said Commission is issued that they shall do no wrong or injury to the People or Inhabitants of either side XXVII That the Lords the States General of the United Provinces shal take care that Iustice be done upon those who were Authors or Abettors of the Murther committed upon the English in Amboyna as the Common-wealth of England was pleased to qualifie it if any of them be yet alive XXX Item Agreed that at the time of the deliverie of the instruments of Ratification four Commissioners shall be nominated on both sides to meet here at London vpon the eighteenth day of May next old style who shall be authorized and impowred as also by these presents they are authorized and impowred to examine and determine all the losses and injuries which either side alledges to have sustained from the other since the yeer one thousand six hundred and eleven unto the eighteenth day of May 1652. old style as well in the East-Indies as in Greenland Muscovy Brazeel or in any other place the particulars of all which are to be delivered into the Commissioners nominated as above before the said eighteenth day of May under this restriction that after the said day prefixed no new allegations shall be admitted And if the above-said Commissioners shall not within three moneths space to be accounted from the said eighteenth day of May come to an agreement concerning the differences aforesaid delivered in writing and expressed in particular That in such case the aforesaid differences shall be submitted as by these presents they are submitted to the judgment and arbitration of the Protestant Cantons of Swisserland who by an instrument for this purpose the form of which is already agreed upon shall be desired to take upon them that Arbitration and appoint like Commissioners impowred and instructed to give final judgment thereupon within six moneths next following after the expiration of the three moneths aforesaid And whatsoever the said Commissioners or the major part of them shall award and determine within the said six moneths shall oblige both parties and be performed accordingly XXXI It is also agreed That both Parties shall firmly and truly perform and observe this present Treaty and every Article and Thing contained and concluded therein and shall cause the same to be performed and observed by their respective People Subjects and Inhabitants The CLAIM exhibited against the Dutch by Mr. Tombes 1654. EXTRACT Index five Repertorium Postulatorum quae ex parte Mercatorum aliorumque Anglorum contra Populos Foederati Belgii virtute trigesimi Articuli Pacis inter utramque gentem nuper initae stabilitae edicti eâ super re postmodùm facti vigesimo quarto Maii 1654. promulgati die Martis trigesimo viz. Maii predicti coram Venerabilibus Dominis Commissariis hinc inde nominatis exhibebantur GUlielmus Tombes Executor Testamenti Domini Pauli Pindar Militis interessati in nave Bona Esperanza unà cum mercibus mense Junio anni 1643. dum Chinam versus à Goâ navigabat a duabus navibus bellicis ad Hollandos spectantibus capta pro suis marinariorum damnâ reparationem petit ad summam septuaginta duarum millium quingentarum sexaginta quatuor librarum Anglicarum 72546 00 00. Concordat cum suo Indice
be the better known and that they might not in any wise be falsified and counterfeited there shall be given in certain marks and subscriptions of both the said Lords and Kings Contrabanda Merehandize confiscated Art XVIII And in case there be found in the said French Vessels and Barques by the means aforesaid any Merchandizes and Commodities before declared to be prohibited and contrebanda the same shall be unladen denounced and confiscated before the Judges of the Admiralty of Spain or any other Competent Judges yet for all that neither the Ship and Barque nor any other of the lawful and permitted goods Merchandizes and Commodities found therein shall in any wise be seized on or confiscated Free Trade and Commerce mutually enjoyed Art XX. All the Subjects of the said Lord the Catholick King shall mutually enjoy the same Rights Liberties and Immunities in their Trade and Commerce within the Ports Roads Seas and Dominions of his most Christian Majesty And what hath been abovesaid that the Subjects of the said Lord the most Christian King shall enjoy in his Catholick Majesties Ports â—â—â—n open Sea ought to be understood that the equality shall be mutual in all manner on both sides even in case hereafter the said Lord the Catholick King should happen to be at peace amity and neutrality with any Kings Princes and States that should become the Enemies of the said Lord the most Christian King each of both the parties being mutually to use the same conditions and restrictions expressed in the Articles of the present Treaty concerning the trade and commerce Further provision against Frauds and Inconveniencies in Trade and Commerce Art XXI In case of either side there happens any contravention to the said Articles touching the Commerce by the Officers of the Admiralty of either of the two Lords and Kings or any other person whatsoever the complaint thereof being addressed by the interessed Parties unto their Majesties themselves or their Councils for the Navy their said Majesties shall presently cause the damage to be repaired and all things to be executed in in the manner aforesaid And in case in progresse of times any frauds or inconveniences should be discovered touching the said Commerce and Navigation not sufficiently provided against by the aforesaid Articles new ones shall be added thereto of such other precautions as shall be thought convenient on both parts The present Treaty remaining yet in the mean while in its force and vigor Speedy Justice to be done to Foreigners Art XXII All Goods and Merchandizes arrested in either of the Kingdoms upon the Subjects of the said Lords and Kings at the time of the Declaration of War shall be uprightly and bonâ fide restored to the Owners in case they be found in esse at the day of the publication of the present Treaty And all Debts contracted before the War which upon the said day of the publication of the present Treaty shall be found not to have been actually paid unto others by vertue of Judgements given upon Letters of confiscation or Reprisal shall be bonâ fide acquitted and paid And upon the demands and persuits that shall be made about them the said Lords and Kings shall give order unto their Officers to render as good and speedy Justice unto the Foreigners as unto their own Subjects without any distinction of persons Actions to be tryed when they first begun or did arise Art XXIII The actions that have been heretofore or shall hereafter be intented before the Officers of the said Lords and Kings for Prises Spoils and Reprisals against such as are not Subjects to the Prince in whose jurisdiction the said actions shall have been intented or begun shall without any difficulty be returned before the Officers of the Prince whose Subjects the Defendants shall be Six Months time given in case of War to transport persons and goods Art XXIV And the better to secure for the future the Commerce and Amity between the Subjects of the said Lords and Kings for the greater advantage and commodity of their Kingdomes it hath been concluded and agreed That there hapning hereafter any breach betwixt the two Crowns which God forbid six months time shall alwayes be given to the Subjects on both sides to retire and transport their persons and goods where they shall please Which they shall be permitted to do with all liberty without any hinderance and during that time there shall be no seisure made of their said goods much less their persons arrested Advocates and Proctors to be Assistant to either party that retains them Art XXV The Inhabitants and Subjects of either side shall every where within the Lands of the obedience of the said Lords and Kings make use of such Advocates Proctors Notaries and Sollicitors as they shall please whereunto also they shall be committed by the ordinary Judges when need shall be and when the said Judges shall be desired so to do And it shall be lawful to the said Subjects and Inhabitants of both sides to keep in the places of their abode the Books of their trade and correspondence in such a Language as they shall like best either French Spanish Flemish or any other without falling thereby into any molestation or trouble Consuls appointed for Commerce in both Nations Art XXVI The said Lords and Kings shall have power for the commodity of their Subjects trading in one anothers Kingdoms and Dominions to settle some Consuls of the same Nation of their said Subjects who shall enjoy the Rights Liberties and Immunities belonging to their exercise and employment And that establishment shall be made in such places where with a mutual consent it shall be thought necessary Letters of Marque and Reprisal in case of injustice Art XXVII All Letters of Mart and Reprisals that may have been formerly granted for what cause soever shall be suspended and none shall be granted hereafter by either of the said Lords and Kings to the prejudice of the Subjects of the other unless in case of a manifest denial of Justice onely whereof and of the Summons made about the same such as shall sue for the said Letters shall be bound to bring good proofs according to the form and manner required by the Law Overtures made by the King of France concerning the Kingdome of Portugal Art LX. Although his most Christian Majesty hath never been willing to ingage himself notwithstanding the pressing instances made to him heretofore backed even with very considerable offers not to make the Peace without the exclusion of the Kingdom of Portugal because his Majesty hath foreseen and feared least such an Engagement might be an unsurmountable obstruction to the conclusion of the Peace and might consequently reduce the two Kings to the necessity of a perpetual War Yet his said most Christian Majesty wishing with an extreeme passion to see the Kingdome of Portugal injoy the same quietnesse which so many Christian States shall get by the present Treaty hath for that end proposed a good number
of parties and expedients such as his Majesty thought might be satisfactory to his Catholick Majesty among which though as aforesaid his Majesty was no way ingaged in that Affair his Majesty hath even gone so far therein as to be willing to deprive himself of the principal fruit of the happinesse and successe his Arms have had during the course of a long War offering besides the places his Majesty doth now restore by the present Treaty unto his Catholick Majesty to restore yet unto him all the rest of the Conquests generally made by his Arms during this War and wholly to restore the Prince of Conde Provided and upon that condition that the affairs of the Kingdome of Portugal should be left as they are now which his Catholick Majesty having refused to accept but only offering that in consideration of the mighty Offices of the said Lord the most Christian King he would give his consent for setting all things in the said Kingdom of Portugal in the same state they were afore the change arrived there in the Moneth of December in the year 1640. pardoning and giving a general Amnesty for all what is past and granting the reestablishment into all Estates Honors and Dignities to all such without distinction of persons as returning under the obedience of his Catholick Majesty shall put themselves again in posture to enjoy the effect of the present peace At length in consideration of the peace and considering the absolute necessity his said most Christian Majesty hath been in to perpetuate the War by breaking off the present Treaty which his Majesty found to be unavoidable in case he would have any longer insisted upon the obtaining upon that affair of his Catholick Majesty other conditions then such as he offered as aforesaid And his said most Christian Majesty willing to prefer as it ought to be and is most just the general quietnesse of Christendom to the particular interest of the Kingdom of Portugal for whose advantage and in whose behalf his said Majesty hath never omitted any thing of what depended of him and did lie in his power even to the making of such great offers as aforesaid It hath been at length concluded and agreed between the said Lords and Kings that there shall be granted unto his most Christian Majesty a space of three moneths time to begin from the day of the exchanging of the Ratifications of the present Treaty during which his said Majesty may send into the said Kingdome of Portugal to endevour so to dispose things there and to reduce and compose that affair that his Catholick Majesty may remain fully satisfied Which three months being expired if his said most Christian Majesties cares and offices have not had the desired effect his said Majesty will no further meddle with that affair and doth oblige and engage himself and promise upon his Honour and in the word of a King for himself and his successors not to give unto the said Kingdom of Portugal either in general or to any person or persons in particular of what dignity state condition or quality soever they be now or hereafter any help or assistance publick or secret directly or indirectly of Men Arms Ammunitions Victuals Ships or Money upon any pretence nor any other thing whatsoever by Sea or by Land nor in any other manner As also not to suffer any levies to be made in any parts of his Kingdoms and Dominions nor to grant passage to any that might come from other States to the assistance of the said Kingdom of Portugal The King of France and Spain interposing with the Pope on the behalf of the Duke of Parma for discharging the Debts due to the Apostolical Chamber Art C. The two Lords and Kings upon the like consideration of plucking up the seeds of all differences that might trouble the peace of Italy have alse concluded that they will jointly interpose sincerely and pressingly their Offices and Supplications towards our holy Father the Pope until they may have obtained of his Holinesse the grace which their Majesties have so often demanded of him singly in the behalf of the Duke of Parma that he may have power to discharge at several convenient intervals of time the debt he hath contracted to the Apostolical Chamber by like intervals and that by that means and with tho engaging or alienating of part of his Dominions of Castro and Roneiglionâ— he may find such monies as are necessary unto him for the preservation of the rest of his Dominions The which their Majesties do hope of the goodnesse of his Holinesse no less by the desire he will have to prevent all occasions of discord in Christendome then by his disposition to Favour a House so well meriting of the Holy Apostolical See The chief Allies comprehended in this Treaty on the French Part. Art CXXII Besides the Duke of Savoy the Duke of Modena and the Prince of Monaco who as Allies of France are of the chiefest Contractors in this Treaty as aforesaid by the common consent of the said Lords the most Christian and Catholick shall be comprehended in this Peace and Alliance if they will be comprehended therein on his most Christian Majesties part first Our Holy Father the Pope the Holy Apostolical See the Electors and other Princes of the Empire Allies and Confederates with his Majesty for the maintaining of the Peace of Munster viz. the three Electors of Mentz Colen and the Count Palatine of the Rhine the Duke of Newburg the Dukes Auguste Christiane Lewis and George William of Brunswick and Luneburg the Landgrave of Hessen-Cassel and the Landgrave of Darmstat the Duke and the Seigniory of Venice and the Thirteen Cantons of the League of Switzerland and their Allies and Confederates and all other Kings Potentates Princes and States Towns and particular persons to whom his most Christian Majesty upon a decent requisition made by them for it will grant on his part to be comprehended in this Treaty and will name them within a year after the publication of the Peace unto his Catholick Majesty by a particular declaration to enjoy the benefit of the said Peace both by the aforenamed and by such as his Majesty shall name within the said time their Majesties giving their Declaratory and Obligatory Letters required in such case respectively and the whole with an expresse Declaration that the said Catholick King shall not have power directly nor indirectly to molest by himself or by others any of those who on the said Lord the most Christian Kings part have been above or hereafter shall be comprehended by a particular Declaration and that if the Lord the Catholick King hath any pretensions against him he shall onely have power to prosecute him by right before competent Judges and not by force in what manner soever it may be The Allies on the Spanish Accompt CXXIII And on the said Lord the Catholick Kings part shall be comprehended in this Treaty if they will therein be comprehended our holy Father the Pope the Apostolical See the Emperor of the Romans all the Archdukes of Austria and all the Kings Princes Republicks States and
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
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
in zijn leven woonachtigh tot Londen in Engelandt al 's mede gemachtight by procuratien van de Heer Willem Powel Ridder Administrateur van alle de goederen naer-ghelaten by wijlen de Heer Paul Pinder Ridder oock voor sijn selven ende de Heer John Ayton Ridder geassigneerde van de Heer Edward Littleton Ridder ende al 's procuratie hebbende van de Curateurs ghestelt over den Boedel van Willem Courten zal r. ende andere geinteresseerde in de Negotie op Oost-Indien volgens Octroy van sijne Majesteyt Carel d' Eerste hooghloffelijcker memorie verleent in den Jaer 1635. in dier qualiteyt versoeckende alsoo gemelten Willem Courten zal r. by de Ministers van d' Oost-Indische Compagnie beschadight is geweest in den Jaer 1642. door het onthouden der geberghde goederen Ammunitie ende Scheeps-gereetschappen uyt het Schip genaemt de Henry Bonaventure op 't Eylandt van Mauritius aen Landt ende in possessie van Adrian vander Stelt gebracht al 's oock door 't vyantlijck aentasten en veroveren van't Schip genaemt Bona Esperance in den Jaer 1643. in de Straet van Malacca door twee Schepen van Oorloge genaemt de Vendelo ende Portugallo d'Oost-Indische Compagnie toebehoorende tot Batavia opgebracht ende aldaer geconfisqueert ende alsoo sijne Majesteyt van Engelant Karel de Tweede by sijne Missive aen haer Ho Mo de Heeren Staten Generael in date den 21. Martij laestleden versocht heeft dat den gemelten George Carew in sijne qualité voorsz mocht hebben vergoedinge over de schade aen meer-gemelte Willem Courten zalr ende sijne mede-geinteresseerde aenghedaen al 's voorschreven is dat ghy Notaris onder genoemt u soude willen transporteren ter camere van d'Oost-Indische Compagnie alhier ende van de Heeren Bewint-hebbers versoecken dat sy souden gelieven hare Ho Mo de Heeren Staten Generael te dienen van bericht om alsoo voort te procederen tot vereffeninge ende vergoedinge van de voorschreve geledene schaden HEden den achtsten May anno 1662. hebb ' ick Henrick Venkel by den Hovevan Hollandt Geadmitteerden Openbaer Notaris t' Amsterdam resideerende ten versoecke van den Heer George Carew Schilt-knaep my getransporteert ende vervoeght in 't Collegie van de Heeren Bewinthenbberen der Geoctroyeerde Oost-Indische Compagnie Camere deser Stad ende aldaer ter vergaderinge van de gemelte Heeren 't boven-staende versoeck voor-gelesen ende bekent gemaeckt Waer op 't gemelte Ed Collegie schriftelijck ter antwoorde gaf dat sy bereydt sijn 't bericht dien aengaande aen hare Ho Mo te geven soo haest ende al 's wanneer haer Ho Mo sulcx van de gemelte compagnie sullen komen te vereysschen Aldus gedaen binnen Amsterdam present Abraham Kock ende Theodorus Crous al 's Getuygen Quod Attestor HENRICK VENCKEL Notaris Publicus To the Worshipful Mr. Vandam Advocate to the East-India Company of the Netherlands and the rest of the Commissionated Bewinthebbers resident at the HAGUE SIRS I Thought it convenient before I return for England to use all ways and means for an accomodation that the East-India Company of the Netherlands may be left without excuse as also the States General if any thing happens to the prejudice of the Publique for a private Difference which might be composed upon reasonable and honourable Conditions And lest you should suffer by any mistake I have given order to this Gentleman the Bearer hereof to shew you my Answer by way of Reply to your Objections concerning the Treaties of 1654 and 1659. made with the two late Usurpers Oliver and Richard I told you in my last that an Amicable conclusion would conduce more to your advantage than a Publique dispute It 's possible you may think to evade our Pretences by Practise or Pleading and forget what you have gotten by destroying that foundation which Sir W. Courten laid in his Trading voyages to China and Japan Please to be as ingenious in your speedy Answer that it may not be impertinent as I am to you in what I intend for Replication I hope you will deal justly and restore what you have violently taken from us otherwise you may be well assured the Interessed will expose the rest of their fortunes and endevours to acquire a due Satisfaction and no ways despair in so just a Cause of the assistance and protection of him that is able to revenge injuries and oppressions I only wait for an Answer to several Memorials c. given in to the States General on our behalf that the King may understand your meaning whether you desire a fair correspondency with the Crown of England or not I have no more to say within my Commission but to let you know that I am and desire to be Your assured Friend and Servant George Carew Hague June 7 17 1662. At the Court at Whitehall the 6 th of June 1662. Present Lord Chancellour Lord Treasurer Lord Privy Seal Duke of Albemarle Marquiss of Dorchester Lord Great Chamberlain Earl of Portland Earl of Anglesey Earl of Carlisle Earl of Carbery Lord Seymour Lord Hatton Sir William Compton Mr. Treasurer Mr. Vice-Chamberlain Mr. Secretary Nicholas Mr. Secretary Morice VPon the Petition of Sir John Ayton Knight George Carew and Charles VVhitaker Esquires on behalf of themselves and the rest of the Creditors of VVilliam Courten Sir Edward Littleton and Sir Paul Pindar this day read at the Board Shewing that the Petitioners in persuance of His Majesties Letters of the 21 of March last to the States General at the Hague requiring Satisfaction and Reparation for the two Ships the Henry Bona Adventure and Bona Esperanza belonging to Mr. Courten which were violently taken and confiscated by the East-India Company of Holland contrary to the Laws of Nations and common Right And that His Majesties Envoy Extraordinary with the States being fully instructed had fairly proceeded therein in order to the Ascertaining of their Damages sustained thereby And that notwithstanding the Commissioners of the East-India Company of Holland have acknowledged the Fact and are by Advocates on both sides sufficiently convinced that they ought to give Satisfaction accordingly Yet the States General do hitherto delay to give Answer to the several Memorials delivered in reference to His Majesties Letters albeit they have been pressed by daily sollicitations out of designe as is conceived of having the Treaty perfected with an utter exclusion of the Petitioners which would tend to their unsupportable loss the ruine of many hundreds of poor persons the unconscionable advantage of their Adversaries the Dutch and discouragement of all English Merchants from Trade Upon consideration whereof It was Ordered that Sir George Downing Knight His Majesties Envoy Extraordinary with the States General of the United Provinces of the Netherlands at the Hague do further and effectually proceed with the said States according to His Majesties Letters aforesaid in requiring due Satisfaction to be made for the Damages sustained by His Majesties said Subjects and procure their speedy Answer to such their just
Courten en ce Pais Nous ne pouvons sans faire tort a la Memoire du feu Roy alleguer les lettres de la Maison des Seigneurs d' Angleterre qui confirment ce que nous Venous de dire mais nous croyons y devoir adjouster que ledit Paul Pindar ayant pū se refoudre en l'an 1651. afaire adjourner par devant les Eschevins de la Ville d' Amsterdam les Directeurs de la Compagnie des Indes Crientales en la Chambre de la mesme Ville et a conclurre a ce qu'ils fussent condamnés a luy payer la susdite somme quatrevingt cincq mille livres tournois Il n'a pas continué ces procedures quand il a esté informé de choses cy dessus mentionnées et il ne se trouvera point que depuis ce temps lá il ait fait aucunes poursuites en ce Pais Ce qui est une preuve invincible de l'Injustice de ses pretensions et nous fait esperer que Vostre Majestie ne laissera pas impunie l'audace de ceux qui par des plaintes injuri euses et mal fondées pourroyent troubler la bonne correspondence que nous pretendous cultiver tousjours de nostre costé entre Vos suiets et les nostres Nous esperons aussii que Vostre Majestie connoistra en ce que nous venons de dire l'equité de nostre procedé et lasincerite de nos intentions a entretenir religieusement l'amitié qui jusques icy a esté si utile al'un et a l'autre Estat et a meriter l'affection qu'il a plu a Vostre Majestié nous tesmoigner Nous nous en promettons les effects et cependant nous prions Dieu SIRE De combler le Regue de Vostre Majesté de felicité et benir Vostre Personne Royale de santé et de tres longue Vie A la Haye le 22. Juin 1662. De Vostre Majestiê Bien humbles Serviteurs Les Estats Generaux des Provinces Unies des Pais Bas. Josan van Schriecket Par ordonnance d'iceux J. SPRONSSEN The Translation of the States Letter to the King June 22. 1662. WE did write to your Majesty some eight dayes agoe in relation to a businesse whereto we Exspect your answer so much the more favourable as the proceedings of the Admirall Court at London of which we complained entrencheth equally upon the law of Nations and the Soveraignty of your Crown now we find our selves obliged to write to you of a businesse of less importance in effect but whereof the consequences may prove so troublesome that they Invite us to prevent them by a necessary clearing thereof for the preserving of a good Intelligence betwixt your Kingdomes and our Provinces It pleased your Majesty by your letter of the 21. of March last which we received the 20. of April after to presse us to give satisfaction to the Interessed persons in the Two Ships called La Bonne Esperance and Henry Bonaventure whereof the one was taken Anno 1643. by two Ships of the East-India Company of this Countrey in the Straits of Mallacca and the other about the same time struck upon the Coast of the Isle Mauritius where the people of that same India Company made their benefit of the goods that were saved We are not to justifie the proceedings of that Company in that Encounter but we cannot but complain of the boldnesse of those who are so impudent as to importune your Majesty and to crave your Intercession in a business that is not only so inveterated and overgrown with years but also such as we cannot with honour condiscend to nor they with a good conscience demand That which past in the Treaties of Anno 1654. and 1659. having Extinguish'd and mortified all pretensions of that nature so that we might serve our selves therewith as with a General reason against all such demands and justly be dispenced with from giving any more perticular accompt of that your Majesty recommends to Us yet we will inform your Majesty most particularly of the true state of that businesse Provided that your Majesty permit us to Protest that we cannot ingage our selves to make a new research of things concluded by former Treaties and that shall only be for this one time and to crave justice to be done upon those that have abused both your Majesties goodnesse and our patience in ripping out of the grave as we may say a businesse the Memory whereof ought long agoe to have been abolish'd we shall not inlarge our selves upon the reasons which that Company might have had to take the Ship La Bonne Esperanza and to make their benefit of the Ship-wrack of the Henry Bonadventure being abandoned by the English Master and Mariners we shall content our selves to answer to those Allegations which the pretended Interessed have used to surprize your Majesties goodnesse to move you to recommend to us their so ill-grounded interests we will believe that the Interessed in these two Ships did very great service to the late King of glorious memory but they say more then truth when they would make beleive that these services hindered them to crave reparation in the Usurpers time for we can make it appear and have sent the convincing Proofes to your extraordinary envoy that they were so far from daring to do it that they gave in their demands in Writing to the Commissioners established Anno 1654. under the name of William Toombes as executor of the Testament of Paul Pyndar in whose behalf the suit is now renewed which was extended then to the sum of 72546. sterl It was not necessary that the said Commissioners should have then decided that difference because it was already decded by an amicable Transaction betwixt the parties for the sum of 85000. Livers Turnois which the said Company really paid though the Interessed seem to presuppose that Jacob Pergens and David Goubart who made this Transaction were not qualified to do it but we have by us have communicated to your extraordinary Envoy such evident Proofs on the contrary that the Sun is not more Cleer at Mid-day Goubart was Owner of a part of the Bonne Esperanze and was impowred by all others that were Owners thereof and in this quality William Courten hyred her from him and fraughted her and made a legal procuration of his Interest to Jacob Pergens Those that now renew their ill-grounded suit can not deny it nor controlle the Authentique Acts and Deeds past as the Procuration the Transport the Assurances the Orders and Discharges which are produced Therefore they have advised to say that William Courten had not power then to give a Procuration in prejudice of the Deed of Conveyance which he made of all his right in these Ships to Paul Pindar in December 1642 But we oppose this new forgery by the expresse Letters and Declarations of the Late King your Father of Immortall memory who writing to
Letter D No. I. II. The Depositions of the Witnesses taken in the Court of Admiralty concerning the matters of fact and Damages marked C No. I. II. The Certificate from the Commissioners upon the Statutes made concerning Banckrupts marked C No. III. The Agreement between the Mariners and Adrian Vanderstell concerning the Henry Bona Adventure marked C No. IV. Sir Paul Pindars Procuration to Jonas Abeels D No. IV. Anno 1647. The Summons and Proceedings before the Magistrates or Schepens at Amsterdam B No. I. The Certificate of Sir Paul Pindar's Death B No. III. The Acts and Proceedings of William Tombes before the Dutch and English Commissioners Anno 1654. B No. II. The Petition of Tho. Newman and the Mariners to the said Commissioners Anno 1654. B No. IV. The Petition of Henry Powell on behalf of himself and the Creditors claiming under the Statute the Damages of both Ships Anno 1654. B No. V. The Petition of Sir John Ayton George Carew and Charles Whitaker to the King A No. I. The Deed of Assignment from Sir Edward Littleton to George Carew John Ayton and others D No. III. Anno 1656. Letters of Administrations granted to George Carew of Sir William Courten's Estate and of Sir Paul Pindar's to Sir William Powell A No. II. Several Proeurations to George Carew from Commissioners of Banckrupt from Sir William Powell Sir John Ayton Thomas Kynaston and the rest of the interessed A No. II. III. IV. V. Notwithstanding all this the report went at the Hague that the Kings Commissioners appointed to Treat with the Dutch Embassadors at London had excluded us from any extraordinary remedy by the Treaty whereupon I presently sent this Letter following to the said Commissioners These for the Right Honourable George Duke of Albemarle and the rest of the Commissioners appointed by the Kings most Excellent Majesty to Treat with the Dutch Embassadors Right Honourable MAY it please your Lordships I am commanded by the Creditors of Mr. Courten Sir Edward Littleton and Sir Paul Pindar that have entrusted me with their perticular Complaint against the East-India Company of the Netherlands to give your Honors an Accompt of my Transactions at the Hague with these following Considerations that a right understanding might prevent the Miscarriage of their business A Demand was made of the States General on their behalf in the Kings Name upon His Majesties justly grounded Letters of Recommendation The Bewinthebbers of the Company at the first Treaty offered 85000. Gilders with Interest since the Year 1649. provided I would by consent simul semel commence the Suit against them and Jacob Pergens before the Magistrates at Amsterdam in Satisfaction Afterwards the States of Holland perswaded them to decline any further Treaty upon pretence the King had promised their Embassadors that no Damages in the East-Indies should be insisted upon before the 20. of January 1659. I shall not trouble your Lordships with perticulars but refer your Honors to the enclosed printed Reply given unto the States Impertinent Answer of the 22. of June last The Interessed of the Ships Henry Bona Adventure and Bona Esperanza are above Three hundred several persons many of them Orphans and Widows whose Fortunes were bound up in the sad and deplorable condition of those two worthy Gentlemen Sir William Courten and Sir Paul Pindar That lent the late King of ever blessed memory 95000 l. for the Ordinary support of his Crown before the late War and borrowed 120000 l. upon their Credit to carry on the China and East-India Trade by the late Kings especial appointment and Commission in the Year 1636. which the Dutch by Violence and Rapine have destroyed and yet the Complainants not any ways satisfied included or excluded by any Agreement Treaty or Confederacy in the Years 1649. 1654 1659. Since the Reply to the States Answer was dispersed in English French and Dutch most of them are ashamed of themselves and several of the Provinces are much troubled for the Injuries and Oppression we have suffered and will protest against the rest if we have not speedy Reparation made answerable to our Damages The persons concerned would rather perish than ask any thing inconsistent with the Honour or Safety of the King and Kingdome and they should forseit their owne judgement and reason to Imagine that the King would put His Subjects into a worse condition than the Treaties of Oliver and Richard the Usurpers had left them or that the Commissioners appointed in this Treaty should allow the Preamble lately sent to the Dutch Embassadors to incert before the Articles newly started contrary to the Instructions of the 10. of May last intending by general words to make voyd all private Actions depending between the Subjects of England and the People of the United Provinces opposite to the Law of Nations and all Common Right The King was graciously pleased to promise that he would not insist upon Commissioners for Damages of His Subjects in Europe before 1654. or in the East-Indies before 1659. but leave them to other Remedies But in this extraordinary Case of Oppression and Injustice the King recommended it to the States General for their Examination and if we should now accept of 85000 Gilders with Interest in full satisfaction for such great Damages so highly disputed by the Kings command and most precise Orders of the Councel-board It were not onely to admit of the Companies silent Reasons for Taking the Ships but equally to betray the Dignity of the King and His Crown the Strength and Courage of His Subjects and the Justice of our Case which we cannot do for consequence sake being ready for Judgement in a way of State at the Hague and some of the Company willing to give Satisfaction in this our Case as the States shall appoint The Holland Interest is Trade and their Business to Discourage all others but themselves When they are called to Accompt for Violencies and Robberies committed at Sea their Pensioners or Statesmen give ill language and would insinuate to the King that it obstructs the good Intelligence held between the Crown of England and the States of Holland whereupon they have taken great advantages and by those mistakes have been further encouraged to proceed in their wicked practises knowing that to Implead them in their own Courts of Judicature would but add Mischief to Misery being both Parties and Judges themselves Yet if they lose but a Herring-boat the whole Province is concerned to recover it or satisfaction They are a Generation made proud and insolent by the condiscention of Princes and so much the more considerable in the World as the King of Great Britain is pleased to grant them in Treaties and Alliances They are men not to be obliged by Kindness the Soveraignty being in the Common people who are altogether insensible of Honour living upon the spoils of Nations and growing rich by the vanity sloth and excess of their Neighbours My Lords Admit the King should refuse to Treat without
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
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
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
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
the same and makes the distinction of two sorts actiones reales actiones personales Bracton makes a threefold distinction of Actions Real personal and mix'd actio realis in the largest sense is to be understood for any thing wherein a man hath a property and may require it in his own name and not in another mans actio personalis is that which belongs to a man by force of any Contract or Offence c. for which he may require satisfaction by Law from the person offending actio mixta is that where a man hath not only remedy for the thing but for damages against the person unjustly taking or detaining the same there is jus quaerendi and jus petendi there are actiones Criminales and actiones Civiles the former do properly appertain to the King propter pacem Regis communem utilitatem and when Robberies Murthers and Piracies are committed upon the Kings Subjects against Treaties of Amity Confederacies and Alliances and upon such Ships as carried the Kings own Colours His Commission for Trade and Signature in all matters of Commerce these are accounted Acts of Hostility and open defiance and not to be reconciled but in a way of State Grotius in his Treatise De jure belli ac pacis makes this Distinction and says Bellum non dicitur actio sed status praelium autem dicitur conflictus ipse bellorum As to the Objection concerning Cromwell's Treaties it needs no other Answer but this That as the King is not obliged to any thing in them so he hath not admitted any thing of them to bar our extraordinary remedy against the Company for the violent injuries and damages sustained and it would be a forced interpretation nay a great piece of Nonsence put upon the King and His Commissioners to imagine in the least that by the words poterunt litem inceptam prosequi should be construed that the Interessed might be able to prosecute the Suit begun at Amsterdam which was lawful in the ordinary way notwithstanding the Treaty if any such Suit had been there begun by them but qui passos dicunt begun no Suit at Amsterdam their lis incepta was at Whitehall upon their Petition to His Majesty and prosecuted at the Hague by His Majesties Command and several Orders from His Majesties most Honourable Privy Councel On the contrary in the time of the Treaty it was urged by the States Embassadors that the States had sent instructions for a Clause to be inserted that the Interessed should be at liberty to prosecute their right before the Eschevins at Amsterdam and intreated the Kings Commissioners that it might be so inserted into the 15 Article of the Treaty which was utterly refused by the King and in conclusion agreed upon that the interessed should not be left to the ordinary course of Justice in Holland but proceed in the way they had begun upon their Petition and his Majesties recommendation to the States General at the Hague Whereupon the words Poterunt litem inceptam prosequi were inserted and thought sufficient to imply the sense of the agreement and conclusion as appears by the Embassadors Letter sent from Chelsey with the Treaty Sept. 5 15 1662. I only mention these by the way since Mr. Vandam was pleased to make those exceptions to the words in the Treaty and the Pensionaris made the other exception as to Cromwell's Treaty of 1654. After Mr. Courten had once divested himself of his Property in the Ships his Stock in India and the product of it as nothing is more usual amongst Merchants then to sell their Shipping at Sea Adventures abroad and Actions in joint stocks of Companies all posterior Acts to Pergens were void and both the Company and Pergens in this Case were left without any manner of excuse for that the Transports to Sir Edward Littleton and Sir Paul Pindar were insinuated to them long before the pretended agreement The Case that Pentionaris de Wit put concerning res Mobilis does not quadrate with ours where he says that Abraham the Shoomaker sold a pair of Shooes to Adrian van Hoffe for a pattacone who left them in the Shoomakers custody until he called again in the mean time Abraham's Servant or himself sold the Shoos to Jacob the Jew for a Duccatone who took them away and had the property by Manuduction or Delivery That Adrian had only his remedy against Abraham fot the price and not against Jacob for the Shooes It 's granted that Shops and Fairs are Markets overt and although goods were stolen and sold there even then the property is changed yet in those Cases if it be found there was any Combination between the parties there is relief to be had against them It 's frequent in England that both Buyers and Sellers of stolen goods where they were sold at an undervalue have suffered as Accessaries when the Principals have made their escape pardon the meanesse of the expression I could not find any thing that comes nearer to our point The like is if a man voucheth a Horse in Smithfield The Company knew that Mr. Courten was not qualified to deal with Pergens and consequently that Mr. Pergens was not qualified to deal with the Company so the Compact between them was a meer Collusion As to Sir Edward Littleton his Damages and Payments for Mr. Courten the several Records in His Majesties Courts will sufficiently declare to the World what they are but to give the States General and the East-India Company further satisfaction therein they shall receive Copies of the said Records and also the opinions of the most learned Common Lawyers of England and Professors of the Civil Law there that all Contracts Obligations and Transports made in England are to be adjudged according to the Laws thereof Mens sana in Corpore sano To all Military Men Merchants and others of the English Nation inhabiting within the Seven United Provinces COUNTRYMEN IT was given for a general rule by William of Nassau who was both an Eminent Soldier and Statesman That the Netherlanders should keep a fair Correspondence with France do justice to all Strangers and in all Revolutions of time keep a firm and inviolable Peace with England and that when they failed in either of those Principles their foundation would be shaken and their Government in danger of Subversion To publish their Forgetfulness or Ingratitude to those that have spent their Youth and Fortunes to render them considerable in the World is not to my purpose or to tell them when they were made a Free State at Munster created both High and Mighty by the conduct of a Prince to their Generall they thought it time then to make Reformadoes of their Officers put them to Pensions and maintain their Low Countries without a Commander in chief is not my designe No my business to those High and Mighty Lords is for justice against the East-India Company of the Netherlands in a politick way of Proceeding The dispute concerns Spoyls
But suppose Captain Spragg had done amiss yet he was a Subject to the King of Great Britain France and Ireland and the taking his Ship was in the Channell and in the moneth of July 1660. which was about two moneths after the return of His most Sacred Majesty to his Kingdoms and when he was in the full and peaceable possession of them and was this a justifiable way to begin by execution What injuries and violences have been done to His Majesties Subjects in the East-Indies by the Dutch East-India Company Now many Piratries have of late been committed by private men of War and others of this Country upon them and hath His Majesty begun by execution hath He granted an order to seize the Fleet of this Country coming from the East-Indies or hath he declared all such Capers as fail from hence troublers of the freedome of trade and commerce by Sea and given order to all his men of war every where to take them as your Lordships say they had done to those that failed out of Biscay which yet he hath the same reason to do they pirating continually upon His Subjects and perchance there wants not complaints of the same nature from other Christian Kings and Princes also against them or would ye take it kindly if Spragg being at this time in His Majesties service in the Streights should endevour to revenge himself upon Doedesson Star who is also at this time imployed in that Sea And yet if this course be justifiable in their Lordships it is without doubt as justifiable in the King his Master and if he should take this course they would easily apprehend what would be the consequences thereof nor it may be would there have needed so long and tedious a solicitation in this case But His Majesty is pleased in the first place according to the Laws of friendship and good neighbourhood to apply to their Lordships and if justice and satisfaction can be had in a friendly way it is that he most passionately desires but if not the said Envoy Extraordinary must again repeat that he will then be justified before the whole World in betaking himself to such further remedies as may be capable to procure releif to the said Spragg his most loyall and faithfull Subject whom he cannot nor will not suffer to go without reall satisfaction nor doth he love to have his Subjects acccused of impudence when they only humbly addresse themselves to him for help and their complaints are by him in a friendly way transmitted hither And the said Envoy Extraordinary doth once more demand that satisfaction and reparation be forthwith made for the said Ship Charles and so that after the many proofes of His Majesties zeal for the relief of the people of this Country against Piratries of this nature he may at last have one instance of theirs towards his nor can it now be doubted seeing what was done in this matter was not only done by their Lordships own men of war but as they are now pleased to avow in their answer in persuance of their order It was too much that Ships of war sailing with His Majesties commission were from time to time taken by the Ships of war of this Country during the late disorders but that any such thing should be attempted or done and that in His Seas since His return into His Kingdomes His Majesty can in no ways disgest or passe by without ample and full satisfaction Given at the Hague this 13 of July 1662. G. DOVVNING Advertisement IN regard I was intreated by some of the Persons Interessed 1 in the Ships Charles Experience and St. John Baptist to press the States General and their Deputies for satisfaction and reparation for the dammages suffered in those 1 cases I thought it convenient in vindication of the English concerned therein to make mention of the proceedings aforesaid and the rather because of the aspersion most wrongfully cast upon them and my self in the Low Countryes which were taken for granted by the Common People being published in Print both in French and Dutch by the States or their order before any Replies were given to the same And the Ten select Articles of Cromwell's Treaty with the other things following are to be considered in some Arguments raised upon Debates hereafter expressed which I took notice of in several Conferences between me and divers persons at Amsterdam G. C. Ten Select ARTICLES of the Treaty between O. Cromwell and the States Generall of the United Provinces 1654. III. ITem That all Offences Injuries Charges and Damages which either party hath sustained by the other since the 18 28 of May in the year one thousand six hundred fifty two shall be taken away and forgotten in such manner as that hereafter neither party shall pretend any matter against the other for or upon occasion of any the aforesaid Offences Injuries Charges and Damages But that there shall be a perfect abolition of all and every of them untill this present day And all actions for the same shall be held and reputed void and null VII That neither of the Common-wealths or the People abiding inhabiting or dwelling within either of them respectively or within their power shall yeild give or afford any aid counsell or favour to the Enemies or Rebells of either but shall expresly really and with effect hinder any inhabiting dwelling or abiding within either of them or within their power from giving any aid or assistance unto such Enemies or Rebells by Men Shipping Arms Ammunition Money Uictuals or otherwise by Sea or Land and all such Ships Arms Ammunition Money Goods or Uictuals of or belonging to any person or persons whatsoever that shall be provided employed or made use of contrary to the intent of this Article shall be confiscate and forfeited to the respective Common-wealths And the person or persons who shall wittingly and willingly do attempt counsel or be employed therein shall be declared Enemies to both Common-wealths and shall suffer the pains and penalties of Treason within the Common-wealth where the Offence shall be committed And to the end there may be a specification made of what Goods shall be deemed prohibit or contraband Commissioners may in convenient time be appointed to determine herein Provided in the mean time that this extend not to the impeachment of any thing contained in the present Article IX That neither of the Common-wealths or the People of either shall receive into any of their Iurisdictions Countries Lands Ports Creeks or Precincts any person or persons that are or shall be declared by either of the Common-wealths to be Enemies Rebells or Fugitives of the other Nor shall give yeild or afford to any such declared Enemy Rebell or Fugitive within the places aforesaid or other-where though out of their Territories Countries Lands Ports Creeks or Precincts any aid counsel Lodging Entertainment Souldiers Ships Money Arms Ammunition or Uictuals Nor shall either of the States permit such Enemies Rebells or Fugitives
praemisso J. Spronssen To the Right Worshipful the Commissioners appointed by His Highness Oliver Lord Protector and the Lords States Generall of the United Netherlands to hear and determine all Losses between the English and Dutch according to the 30. Article of the Peace The humble Petition of Henry Powell Citizen and Draper of London on the behalf of himself and the other Creditors of William Courten late of London Merchant Sheweth THat by virtue of a Commission under the great Seal of England grounded upon the Statutes made concerning Bankrupts directed unto James Winstanley and others appointed to inquire into the Estate of the said William Courten and to distribute the same according to the Laws in that Case made and provided whereby the Commissioners found the said William Courten became insolvent and that the East-India Company of the Netherlands and their Ministers abroad had seised and possessed themselves of two Ships belonging to the said William Courten called the Bona Esperanza and the Henry Bona Adventure of London with all their Lading Goods Merchandizes and Provisions and also had done unto the said William Courten and his Factors many other violent injuries and wrongs in the East-Indies whereby he himself and his Creditors are damnified to the sum of 150000 l. and upwards as by Authentique Proofs taken in the Admiralty may appear Received and admitted Tho. Lovell May 12. 1654. The premisses considered and for as much as the Creditors of Mr. Courten are intituled to the said Money accrewing by the damages aforesaid Your Petitioner therefore humbly prays on the behalf of himself and the Creditors that his Claim may be entred receive such a speedy determination for relief of himself and many poor father lesse Children and Widowes Creditors aforesaid as in all Justice and Equity the merits of the Cause shall require And your Petitioner shall pray c. Hen. Powell To the Honourable the Commissioners appointed by the Articles of Treaty between His Highnesse the Lord Protector c. And the Lords the States General of the United Provinces of the Netherlands To Examine and Determine all Losses and Injuries which either side alledgeth to have sustained from the other The humble Petition of Thomas Newman Richard Wheeler Francis Hill and Andrew Wetton in the behalf of themselves and the rest of the Company of and in the Ship Bona Esperanza Sheweth THat the said Ship being set out in the employment of William Courten Esq Thomas Kynaston Company authorized by vertue of Letters Patents granted by the late King for Trading to the East-Indies in her passage from Goa to Maccao in the year 1643. at which time there was perfect peace and amity between the English and Dutch was contrary to the said Peace and Amity in a violent and hostile manner surprized and seized by two Holland Ships belonging to the Holland East-India Company the one called the Vendillo and the other the Portogallo in which Ships Seignior Fermeren Seignior Gealand and the Lieutenant of the Fort of Malacca were Commanders who all three at first came aboard the said Ship Bona Esperanza as friends in way of visit and accordingly parted but soon after beyond all expectation of the Petitioners Shot a Peece of Ordnance in an Hostile manner and forthwith killed the Master Roger Tuckerman and afterwards in Fight took the said Ship by force of Armes to the damage of your Petitioner Newman at least 1400 l. he being then Sole Factor of the Cargozon and to the Damage of the rest of your Petitioners and the Company of the said Ship 2000 l. which respective damages have ever since tended and do tend to the utter ruining of your Petitioners All which appears by the Claims and Depositions in the Admiralty now brought before your Honours by William Tombes Esq Executor to the last will of Sir Paul Pindar Knight the Assign of the said Esq Courten Received and admitted Tho. Lovell May 14. 1654. Your Petitioners in obedience to and persuance of your Honours late Declaration injoyning all Claimers to bring in an Abstract of their Damages in particular have presumed to present their Case as above by this tbeir Petition Most humbly praying that their Claim aforesaid may be distinctly set apart by it self And that they may according to the power and authority wherewith your Honours are now invested by the Articles aforesaid receive their several satisfactions answerable to their proportions of damages aforesaid And your Petitioners shall ever pray c. Rich. Wheeler Thomas Newman Francis Hill Andrew Wetton A Breviate of the Depositions taken in the High Court of Admiralty in England concerning the Ship Bona Esperanza referring to the several Fol. and Interogatories   Fol. Inter. THat in 1641. William Courten and Company Fraighted and set to Sea the Ship Bona Esperanza wherein Roger Tuckerman was Master on a Trading Voyage to the East-Indies ROb. Gray 2 1 Rich. Wheeler 37 1 Saith she went out about 3. Decemb. 1641. as he remembers  Fra. Hill 21 1 Tho. Newman 58 1 Saith the goods in her were consigned to the Factor of Courten and Company in India   That 180. Tuns of the said Ship at Goa was let to Fraight by John Faren for Courten and Company to the Portugals for a Voyage from Goa to Maccao in China and from thence back again to Goa and there was to be paid for outward Fraight 8000. Rials of eight and 32000. Rials of eight for her homeward Fraight the rest of the Tonnage was reserved for Courten Tho. Lamberton 71 2 William Page 47 2 Tho. Newman 59 2 Rich. Smith 30 2 Rich. Wheeler 38 2 That the Portugals about March 1643. at Goa put aboard the said Ship goods of a great value and about 100. passengers bound for Maccao which the Master and Company undertook and endevoured to perform the same Tho. Newman 59 3 Will. Page 48 3 Saith that some goods were by the Portugalls laden and some for Courten and Company   Rob. Gray 3 3 Andr. Wetton 14 3 Tho. Lamberton 72 3 That besides the Portugals goods taken in at Goa there were divers goods taken in there and at other places for Mr. Courten and Company to be carried to Maccao in China which Ship set Sayle from Goa towards Maccao in April 1643. the last Port that goods were taken in at was Atcheene and that all the goods in the Schedule in the 4. Inter. mentioned were the goods of Courten and Company Rob. Gray 4 4 Rich. Smith 31 4 Rich. VVheeler 39 4 Will. Page 49 4 Saith they went from Atcheene in or about May 1643.   Tho. Lamberton 72 4 Saith he cannot express the times because the Dutch took away his Papers Writings and Books of Accompt     Fol. Inter. That in June 1643. the Ship with her Lading in her passage towards Maccao was in a Hostile manner taken by two Ships the Vendillo and the Portugallo both belonging to the Holland East-India Company having
themselves to fight but were taken and the Ships robbed and withall the men remaining alive bored and let sink into the sea he told that the same Fleet came to Malacca afterward and the common men were sent for the Molucca's and that well known by many in Malacca but they durst not speak of it The said Lamberton and others asked the Lieutenant of the Town about the same but he answered upon their lives they should not speak of such things Tho. Lamberton A Declaration of some further probable News of the Dragon and Katharine Captain John Weddall and Captain John Carter Commanders from the Mouth of Boatswain went I Tho. Henton quondam Chyrurgion of the Ship Bona Esperanza employed in the Service of the Worshipful Esquire Courten in Anno 1643. in the Month of August being by sinister occasion at Johanna in the Ship Hopewell of the old Company at which time also was the Crispiana and Dolphin of the old Company there was also the Loyalty Mr. John Durson Commander belonging to Esquire Courten had these following Relatitions of the Destruction of the Dragon and Katharine by the Dutch as followeth This Boatswain Went was Boatswain of the good Ship Dolphin Mr. Proud Master in the said year 1643. upon some Imployment bound from Surat to the Southward viz. to Cocheen a Portugal Town where upon what occasions I know not he had some conference with a Servant of the Governour of Cocheen concerning the Dutch the man told him of a fight at Ceylon between the Dutch and English viz. two English Ships and five Dutch ships the English named the Dragon and Katharine both which the Dutch overcame sinking the one and forcing the other on shore so eagerly persecuted them that some of the English having escaped Drowning and got a shore the Dutch in their Boats hasted a shore likewise and cut them all off this Servant to the Governour was in the Dutch ships at that time in their Service when as they fought and following the English a shore he being one among the Dutch made escape to the Portugalls and in time came to serve the Governour of Cocheen This is the Relation that I heard Boatswain Went relate indeed I went aboard purposely about the businesse to enquire of him I required to have the Relation under the Boatswains hand but I could not obtain it by reason of the shortnesse of our time for they suddenly set sail from Johanna also the Boatswain said the Governour of Cocheen knows the Matter and upon inquiry if he pleaseth can produce you his Servant if he be living if not he himself is able to give satisfaction therein Uunderwritten Thomas Hinton Duarte Defigueiredo de Mello Secretario de sua Majestade do estado da India certifico que atsistindo na ilha de Ceylon soube por algus Prisoneires Olandeses que se tomarao coms as duas naos do Cap n. Guedal que hia da China para Inglaterra as tomarao os Olandeses os no Cabo dobaa Esperanca et as meterao ambas apique Isto tre o que me constou dos ditos dos ditos prisoneiros Goa a 22. de Abril de 1647. Sotto scritto Duarte Defigueiredo de Mello Translated out of the Portuges into English I Edward Defigueiredo de Mello Secretary to his Majesty of the State of India do certifie that being in Commission in the Island of Ceylon I came to know by some Prisoners of the Hollanders that they met with two ships of Capt. Weddall which were going from China to England and that the Hollanders took them towards the Cape of Bona Esperanza and sunk them both This is what appeared unto me by the relations of the said Prisoners Goa the 22. of April Anno 1647. Was under-written Duarte Defigueiredo de Mello To the Right Honourable the COMMITTEE of LORDS and COMMONS for the Admiralty The humble Petition of William Tombes Jun. An. 1645. Sheweth THat by virtue of an Assignment from William Courten Esq to Sir Paul Pindar and from him to your Petitioner he is become possest of the Ship the Planter of London late come from the East-Indies and now in the River of Thames and your Petitioner being ingaged for the Customes of the goods which were entred in the said ship by him and further promised to see the Master and Mariners wages fully satisfied before the disposal thereof hath made sale of the said Ship whereby the said Customes and Wages might be speedily paid accordingly Now so it is that one Thomas Kynaston hath arrested the said Ship by Writ out of the Admiralty upon Accompt of some interest in her and so hereby your Petitioner is hindered to give present satisfaction for the Customes and poor Mariners wages who daily out of their great necessity come upon him for the same Your Petitioner doth therefore humbly pray this Honourable Committee that Order may be given forthwith for the sale of the said ship for the speedy paiment of the Customes the Master and Mariners wages due from her and if she shall produce a greater summe that the same may remain in Custody for the true Proprietor when it shall be adjudged in the Admiralty to which your Petitioner shall submit June 13. 1645. At the Committee of the Lords and Commons for the Admiralty of the Cinque Ports Ordered it be referred to the Judge of the Admiralty Court to do in the Matter prayed according to Justice taking Care that the State have right in the Case of Customes and the Master and Mariners in point of Wages Subscribed Warwick Else Alexander Bence John Rolles Giles Green July 1. 1645. Upon Tuesday being the first day of July 1645. Tho. Kynaston against 21 32 parts of the Ship Planter and her Tackle and Furniture against William Tombes coming for interest herein Yoe and Budd upon this day before Doctor Same 's Judge of the Admiralty Court in his Chamber in Doctors Commons London being present Edward Brian Notary Publick appeared Mr. Budd Proctor for the said Williám Tombes and presented to the said Judge The Humble Petition of the said William Tombes directed To the Right Honourable the Lords and Commons for the Admiralty and Cinque Ports together with their Order thereupon made and the said Budd according to the tenour or effect of the said Order did in the presence of Mr. Yoe Proctor for the said Thomas Kynaston desire the Judge to decree the said Ship the Planter and her Tackle and furniture to be exposed by the Marshal of the Court to publick sale and to be sold to him that offers most and the Kings Customs and the salaries justly due to the Master and Mariners in the said Ship to be paid out of the moneys arising from the sale of the said Ship and he further desired that the residue of the said moneys might remain with the aforesaid Marshal of the Court until it shall be otherwise Ordered in that behalf from this Court All which the Judge at his Petition
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
particular Persons who as Allies of this Crown were named in the Treaty of Peace made at Vervins 1598. and who shall have preserved and do at this day preserve themselves in that Alliance To whom are added now the United Provinces of the Low Countries and the Duke of Guastale as also shall be comprehended all such others as by common consent of the said Lords and Kings shall be named within a year after the publication of the present Treaty to whom as also to the aforenamed if they desire it in particular Letters of Nomination respectively Obligatory shall be given to enjoy the benefit of the said Peace and with expresse Declaration That the said Lord the most Christian King shall not have power directly nor indirectly by himself or by others to molest any of them And if he hath any pretensions against them he shall have power only to prosecute them by Right before competent Tudges and not by Force Mr. John Darrel 's deposition before one of the Masters of Chancery concerning the Dutch Agreement with the Portugals in 1644. IOhn Darrell of the Parish of St. Giles Criplegate in London Merchant Aged about Sixty and six years deposeth and saith That he the said John Darrell was at Goa a Portugal City in East-India in the imployment and service of William Courten Esq in the Month of January 1644. old Sile and that on the 25. day of the said month being Saturday a Dutch Ship bound from Surrat to Batavia came and Anchored without in the road of Goa and that four or five Dutch-men came then a shore to the English or Factory there and related to Mr. Courten's Agent John Farren and to this Deponent that upon an Agreement made between the Dutch and the Viceroy of Goa they were to pay unto the Portugalls the summe of One hundred thousand Rials of Eight Spanish for satisfaction of the Portugal goods taken in the Ship Bona Esperanza bound for Maccao in the Imployment of Mr. Courten and others and that twenty thousand of the said Royals should be detained for Mr. Courten towards his damages although it were not so expressed or agreed And this deponent further saith that on the next day being Sunday and the 26. of January one Senior Vanderstell being chief of the Dutch Factory at Vingerly neer Goa with three others and a Churchman came to the said City of Goa and visited the said John Farren and this Deponent at the English house there and brought with them Fifty thousand of the said Rials to pay unto the said Portugal Merchants according to the agreement with the Viceroy aforesaid and said moreover that they had Order from the Governour and Councel of Batavia to defalk and detain Twenty thousand Rials towards satisfaction of the English interessed in the Bona Esperanza and that they had likewise order to present Mr. Farren Mr. Courten's Agent with a considerable summe of money to procure an accommodation and composure of the difference with the persons interessed in the same but further cannot depose John Darrell Sworn this 14 of March 1661. before Sir Nathaniel Hobart one of His Majesties Masters of Chancery in the 14. Year of the Reign of King Charles the Second Nat. Hobart The Deposition of Tho. Newman Merchant taken upon Oath the 28. of January 1662. before Sir Walter Littleton Knight Dr. of Laws and one of the Masters in Chancery THomas Newman of the Parish of St. Botolph Aldgate in London Merchant Aged Forty seven years or thereabouts maketh Oath that he the said Deponent was Cape-Merchant and Factor of the Cargazone in the Ship Bona Esperanza belonging to Mr. William Courten late of London Merchant and others And that he this deponent in the year of our Lord 1643. making a Trading Voyage from Goa to Maccao was violently taken by the Dutch East-India Companeys Ministers in the Straits of Malacca to his own particular damage at that time the Sum of 1400 l. sterling and saith that to his own knowledge the several Depositions of Robert Gray Andrew Wetton Francis Hill Richard Smith Richard Wheeler William Page and Thomas Lamberton since deceased are all in substance true he the said Deponent being an eye-witnesse thereof and long acquainted with the trade of India and parts adjacent and this Deponent saith that after the Dutch Men of VVar had violently seised the said Ship murthered the Master and several of the Mariners wounded eleven others and taken both the Portugals and English goods out of her being a good new Ship and well built took the said Ship with the Guns Ammunition and Provision to Goa to the rest of their Fleet and carried him this Deponent with Captain William Gurley Captain of the said ship and the Mariners to Malacca where they were all detained Prisoners for the space of six months and very inhumanely used and afterwards sent to Batavia and this Deponent saith that Captain Gurley with grief for his losses and ill usage as he was bound for England in the year 1644. died in a Dutch ship called the Whale Fish whereof the Heere Caune was Commander who sold all his Clothes and some Jewels that he had at the Main Mast amongst the rest he this Deponent offered 250 Gilders for a Diamond Ring but could not have the same which were all converted to the use of the said Caune as this Deponent believeth And this deponent further saith That as to the 2750. l. sterling left at Maccao in a former voyage being to remain upon agreement there for the space of three years for several privileges granted in Ports and Trade and provided that if Mr. Courten and Company sent any other Ship and Merchandizes thither within that time then the said 2750 l. should be paid to the said Courten in China goods at price currant otherwise the said money to be lost And this Deponent saith that he this Deponent and Captain Gurley received Orders and Instructions from John Farren President for Mr. Courten at Goa concerning the same to act therein accordingly but the Dutch having taken away all their Chests with Papers and Writings and disappointed them of their Voyage whereby the said money was lost And this deponent saith that by reason of the said spoils and violence committed by the Dutch Mr. Courten's Factories at Atcheene Batacalla Rajapore Goa Carwer and Vizapore were disappointed of relief and reputation whereby they were forced to sell off what they had for their own subsistance But as to the particular damages of the 72000 l. sterling of Mr. Coutten and Company in the loss of their Goods and the intended voyage to Maccao as aforesaid he this Deponent referreth himself to the depositions taken in his Majesties High Court of Admiralty as aforesaid Thomas Newman Mense Januar. 28. Anno 1662. Jurat coram me Walter Littleton Milit. Legum Doctor uno Cancelar