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A33599 His Majesties propriety, and dominion on the Brittish seas asserted together with a true account of the Neatherlanders insupportable insolencies, and injuries, they have committed; and the inestimable benefits they have gained in their fishing on the English seas. As also their prodigious and horrid cruelties in the East and West-Indies, and other places. To which is added an exact mapp, containing the isles of Great Britain, and Ireland, with the several coastings, and the adjacent parts of our neighbours: by an experienced hand. Codrington, Robert, 1601-1665.; Clavell, Robert, d. 1711, attributed name. 1672 (1672) Wing C4876B; ESTC R219456 66,598 191

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the English at Iaccatra or Master Welden Agent for the English at Banda were not privy to the business to which he again answered No Afterwards the Fiscal propounded other Interrogatories unto him and perceiving that Collins knew not what answer to make he helped him to confess those things which he thought most conducing to his purpose Next to him was Samuel Colson brought in who for fear of the pain when he saw Edward Collins come forth chose rather to deny nothing that was propounded to him then undergo the Torments of Fire and Water in the Attestation of his Innocence But Iohn Clark was of another Resolution he was no sooner brought in by the Souldiers and Officers but by and by he was heard to make a hideous and a lamentable complaint which continued for the space of two hours during which time as they abated or increased his Torments he diminished or doubled his cryes at the Sense and horrour of his Sufferings The two Elements of Fire and Water although merciles of themselves by making their Fury more deliberate were here instructed to be more unmercifull whiles accurate cruelty did torment even invention it self to torment the Innocent The Rack ordained for the confession of great and grievous Offences is oftentimes but an unfaithfull discoverer of them for whiles men are put to those torments which Flesh and Blood are not able to endure they confess those crimes which their Flesh and Blood were no wayes accessary to Two hours was this poor Man under the torment of Fire and Water yet confessed not any thing at which his Tormentors being amazed they did cut off his hair thinking belike that the strength of his Resolution lay in his hair when indeed it lay in the Justice of his Cause and the Innocence of his Conscience Afterwards they hoysed him up again and with lighted candles they did burn him in the bottom of his feet untill the moisture that dropped from them did put out the candles yet even then they applyed fresh lights unto him They burnt him also in the elbows and in the palms of his hands and so horridly under his arm-pits that his Inwards might evidently be seen At the last when they perceived that he could make no handsome Confession they led him along with questions of particular circumstances which they had framed of themselves And being wearied and overcome with Torments he at last according to their own wishes made Answer to whatsoever they demanded of him Being then released from his Martyrdom they sent him out by four Negroes who carried him between them to a Dungeon where he lay five dayes without any Chyrurgian to dress his wounds untill his flesh being putrified great Maggots creeped and dropped from him in a most loathsom and noysome manner In the like manner the rest were all Examined but none of them were so heavily Tortured for some of them to avoid the Torment made suddain Confessions others at the first or second drenching with the water Answered to all the Interrogatories of the Fiscal Captain Towerson himself being reserved amongst the last untill the Torments of those that were Examined before him might Rack out something from them that might Evidence against Him was brought into the Court where these younkers of Holland like another Council of Rehoboam sate in Judgement upon Him he deeply did protest his Innocence to Encounter which they produced the Persons and Confessions of Samuel Colson William Griggs and John Fardo Samuel Colson being told that unless he would make good his former Confession against Captain Towerson he should be commanded again to the Torture of Fire and Water did coldly and faintly re-affirm what before he said and so was dismissed the other two being brought face to face before Captain Towerson he charged them as they would Answer it at the dreadful Day of Judgement to speak nothing but the truth at which both of them trembled down upon their knees and besought him for GOD'S sake to forgive them they openly acknowledged that that whatsoever they formerly had confessed was most false and spoken only to avoid the Torment Upon these words the Fiscal and the rest of this High Court of Justice did command them again to the Torture which they would not endure but affirmed their former Confession to be true I do find this Torment was so terrible to Flesh and Blood that it even startled the Courage of Captain Towerson himself who either to avoid the horrour of the Torment or the infamy of it confessed some words which the Factor of Cambello in the Isle of Seran Master John Weatherall should speak who being sent for and Examined on the day following the Captain was brought forth to justifie what before he had confessed who desiring Mr. Weatheral to speak the truth and nothing but the truth as God should put it into his heart Mr. Weatheral was in a great Amazement and being ordered to undergo the torture of water and told that if water would not make him to confess fire should he prayed them to tell him what he should say or to write down what they themselves pleased and he would subscribe unto it but being told that he needed no Tutor and that they would make him to confess of himself having hoysted him up four several times and perceived that he knew not what to say they did read unto him the Confession of the other Men that had been Examined and asked him from point to point and he observing very well which way the world did go and that his Life must become a Sacrifice to the Rage and Rapine of the Dutch did still answer yea unto all On the 26 of February old stile the Prisoners were all brought into the great Hall of the Castle to be prepared for death by their Ministers being solemnly Condemned the day before some few of them found mercy and had their lives saved Captain Towerson was kept apart from the rest and so was Mr. Emanuel Tomson but some of them by writing found the opportunity to leave a Testimony of their Innocence behind amongst whom was Captain Towerson who in the end of a Bill or Obligation wrote these words Firmed by the Firm of me Gabriel Towerson now appointed to die guiltless of any thing that can justly be laid unto my Charge God forgive them their guilt and receive me into his Mercy Amen William Griggs also did leave a paper to be sent to Mr. Welden Agent at Banda which came afterwards into his hands the Tenour of it was in these Words We whose Names are here specified John Beaumont William Griggs Abel Price Robert Brown Prisoners in the Rotterdam being apprehended for Conspiracy for blowing up the Castle of Amboyna being adjudged to Death were through Torment constrained to speak that which we never meaned or imagined the which we take upon our deaths and salvation for they tortured us with that extreame torture of Fire and Water that Flesh and Blood could no wayes endure
the infinite Advantages of the profits of it as the Brittish Ocean in its Latitude and Circumference exceedeth the small Boundaries of the Gulph of Venice But in this great Disputation where were present the most Remarkable Wits of Italy and Germany Vide the Venetians Title unto the sole Dominion of the Adriatick Sea and where the Imperialists themselves and amongst them one of the most Eminent Stephen Baron of Gourz Attested openly that the Common-Wealth of Venice was Patron of the Adriatick Sea and might impose what Customs they thought fitting and that all other the Commissaries thought so in their Consciences There is enough as may be thought in Reason to convince all Opponents that may pretend to differ in Judgement from us Yet so it is that the Indulgence of the Kings of England to their Neighbouring Nations especially to the Hollanders by giving them too much liberty hath incouraged them to assume a Liberty to themselves and what at the first was but a License they improve into a Custom and make that Custom their Authority Insomuch that some of the most busiest of them have openly declared against the Kings Propriety on the Brittish Seas Amongst these is one Hugo Grotius a Gentleman of great Ingenuity but in this particular so inclined to obey the Importunities and serve the Interests of his Country-men that he disobliged himself of the Truth and moreover to speak the truth of his Conscience it self Hugo Grotius Sylv. lib. 2. for if you look into his Silvae upon the first Inauguration of King Iames of ever Blessed Memory he is pleased to express himself in these words Tria Sceptra profundi in magnum Cojere Ducem which is that the Rights of the English Scottish and Irish Seas are united under one Scepter neither is he satisfied with this bare profession but he goes on Sume animos a Rege tuo Quis det Iura Mari which is in English Take courage from the King who giveth Law unto the Seas In the same Book in the contemplation of so great a Power he concludeth Finis hic est qui fine caret that is This is an end beyond an end a bound that knoweth no bound a bound which even the winds and the waves must submit unto But with what ingratitude have the Dutch Answered the many Royal Favours which the Kings of England have almost perpetually conferred on them If there be no Monster greater then Ingratitude what Monsters are these Men who of late are so far from acknowledging their thankfulness that like Vipers they would feed upon and consume those Bowells which did afford them Life and Spirit We may observe that in their Lowest Condition which is most sutable to the Name of their Abode called the Low Countries they Petitioned to the Majesty of the Queen of England whose Royal Heart and Hand being alwayes open to those that were Distressed especially those that were her Neighbours upon the account of Religion Vide the Observations concerning the Affairs of Holland she sent them Threescore Thousand Pound upon the account of Sir Thomas Gresham in the year One Thousand Five Hundred Seventy and Two and presently afterwards there followed Colonel Morgan Colonel Gilbert Colonel Chester to Assist them in their Wars who were the Commanders of so many Regiments of Men And after them the War increasing there were sent over Colonel North Colonel Cotton Colonel Candish and Colonel Norris and some other persons of an Eminent Name who for the Honour of the English Nation made there Excellent Demonstrations of their Valour and Redeemed the Dutch from the Power of those who otherwise would have brought them to a better understanding of their Duties Great supplyes of monies were sent over to maintain so great a charge At the last the Prince of Orange being slain presently after the Death of the Duke Alanson Brother to Henry the third of France who if the successe had Answered the Expectation was wisely enough made Duke of Brabant the Queen of England sent over unto them Robert Duke of Leicester with great provision both of Men and Money accompanied with diverse of the Nobility and Gentlemen of good account And although the said Earle not long afterwards returned into England and the affairs of the Hollanders were doubtful untill the fatal Battel at Nieuport yet Queen Elizabeth of ever Blessed Memory out of her unspeakable goodness to the distressed and to those that suffered for Religion did as long as she lived constantly Assist the Hollanders both with Men and Monies she gave them Hope in Despair she gave them strength being weak and and with the Charity of her Princely Hand did support them being fallen And although the Hollanders do ungratefully alledge that it was a Benefit great enough for the English to Assist them in reason of state because by so doing they kept out a War from their own Country It is most certain that at that time the English had need to fear to Warr at all but onely for their Cause and for taking their parts for it was for their Cause that the English in the year One Thousand Five Hundred and seventy one had seized upon the sum of Six Hundred Thousand Ducats The Hollanders Objections Answered on the West Coast of England being the money designed from Spain to the Duke of Alva for the Advancement of the Spanish Interests in the Neatherlands And although the Hollanders do further alledge in their own Excuse that they were so grateful as that they offered unto the Queen of England the Soveraignty of the Neatherlands which she would not accept and therefore it was not their fault that she obtained it not It is in reason truly answered That the Queen of England well knowing that she was in danger to draw a perpetual Warr upon her Self and her Successours by the accepting of such a Gift to which she had no Right did wisely refuse their Liberality And yet for all that she continued still to aid them without that chargeable obligation The Hollanders do further alledge that the Queen of England had the Cautionary Town of Brill Flushing and the other places delivered into her Hands It is true she had so and thereby enjoyed only the Benefit of being at more Expence both of Men and Money and let the Reader take notice that most certain it is that the Hollander had no sooner made a Truce with the King of Spain and the Arch-Duke Albertus but he began presently to set the English at nought and to take the Bridle out of their Hands whereupon immediately insued their Forbiding of the bringing of English cloaths died and dressed into Holland and the adjoyning Provinces without ever making the King of England or his Ambassadour Leiger at the Hague Privy thereunto And to make amends for this their Saucy and Insolent Affront The Impudent Affront of the Hollanders to the late Kings of England in a more High and Peremptory way they demeaned themselves to King
wals The City of Venice it self for many years was known to be without any possession at all upon the firm Land Upon the Sea likewise certain other Cities of great Force and Valour have possessed a large quantity of it and other Cities of less force have contented themselves with the next waters Neither are there wanting Examples of such who notwithstanding they do border upon the Sea yet having fertile Lands and adjacent to them have satisfied themselves with their Land Possessions without ever attempting to gain any Sea Dominion Others there are who being awed by their more mighty Neighbours have been constrained to forbear any such Attempt for which two causes a City notwithstanding it be Maritine and bordereth upon the Sea may happen to remain without any possession of the Sea He added that God did institute Principalities for the maintenance of Justice to the benefit of Mankind which was necessary to be executed as well by Sea as by Land And St. Paul said that for this cause there were due unto Princes Customes and Contributions that it should be a great Absurdity to praise the well Governing Regulating and Defence of the Land and to condemn that of the Sea The Propriety of the Seas according to the Laws of God And that if the Sea in some parts thereof for the ampleness and extream distance of it from the Land is not possibly to be Governed and Protected it doth proceed from a Disability and Defect in Mankind as in the same consideration there are Desarts or Wildernesses so great upon the Land as it is altogether impossible to protect them witness the many sandy parts of Affrica and the Immense Vastities of the World but lately discovered And as it is a gift of God that a Land by the Laws and publisht Power be Ruled Protected and Governed so the same happeneth to the Sea He said that those were deceived by a gross Equivocation who affirmed that the Land by reason of its Stability and Firmness may be governed but not the Sea for being an unconstant Element it passeth and hath a motion proper to it as well as the Aire And if by the Sea and the Aire all and every part of those fluent Elements be intended it is a most certain thing that they cannot be governed because whilst a man secureth himself with any one part of them the other fliteth out of his power And this also hapeneth unto Rivers which cannot be restrained in their fluent motions But when mention is made to rule over a Sea or River it is not understood of the Element but of the Scite where they are placed The water of the Adriatick Sea doth continually run out of it neither can it at all be kept in and yet it is the same Sea as well as the Thames the Rhine or the Po are the same Rivers now as they were one Thousand years agoe The Sea not to be without Protection and this is that which is Subject to the Protection of Princes He askt the Germans if their pretence were that the Sea should be left without Protection so that any one might do therein whatsoever he listed by Robing Spoiling and making it Unnavigable This he said would be so absurd in reason that he durst answer for them that they had no such pretence he therefore concluded that therefore his Majesty of Germany by a necessary Consequence must acknowledge that it ought to be kept Governed The Sea to be protected by those to whom it doth appertain by Divine Disposition and Protected by those unto whom it did appertain by Divine Disposition which if it were so as indeed it is he desired to understand if in their Judgment it seemed to them a Just thing that such should do it with the expence of their own Pains and Treasure or rather that should contribute towards it who equally did enjoy the Benefit And as to this he said he durst answer for them the Doctrine of Saint Paul being clear in this particular that all such who are under Government and Protection are thereby bound to pay Customes and Contribution Much he said might be alleaged in matter of Law to confirm this Truth And thereupon he concluded that if the Common-Wealth of Venice were that Prince to whom it did appertain to Govern and Protect the Adriatick Sea it of necessity must follow that whosoever Traffick and Saileth on their Sea ought to be subject to their Laws in the same manner as such are who travail through a Country upon Land From hence he did proceed to show that this Dominion over the Sea from time out of minde did belong to the Common-Wealth of Venice And to prove this he caused to be read out of an Abstract which he had taken the opinion of Thirty Famous Lawyers who from the Year One Thousand Three Hundred until the present time did speak of the Dominion which the Common-Wealth of Venice had over the Sea as of a thing most known and of which even in their Times the mind of man knew not the Contrary some of them affirming that the Common-Wealth of Venice had no lesse Dominion over the Sea then over the City of Venice Others maintaining that the Adriatick Sea is the Territory and the Demeans of the said City And to render this more evident they do make mention of the lawful Power which the Venetians have to establish Laws over Navigation and to impose Customes upon such as traffique on those Seas And he added The Power of the Soveraign of the Seas to impose Customes in his own Jurisdiction that he never read any Lawyer which held forth to the contrary moreover he told the Advocate of the Emperour that if he would not believe those Authors who testified that the Sea belonged to the Venetians whereof they had possession from time out of minde before the age wherein those Authors lived yet he could not deny to receive them for the Testimonies of such things which they saw and knew in their times and to hold them as witnesses far above all Exception being all of them Famous men though dead so many years agoe and whose Impartial Pens could no ways be interested in the present Differences And because more then two hundred and fifty years were passed from the time that the Authors whom he alleaged as Witnesses hereof did Write to the time of those whose Names he last of all did mention in that behalf he urged that by their Attestation it was sufficiently proved that for a long time more then so many years the Common-Wealth hath commanded the Sea and therefore he could not deny the assured and certain possession of it to the present Then Addressing himself to the Judges he desired them to consider that notwithstanding some of the above mentioned Authors do speak in general words and name at large the Sea of the Venetians neither taking care to declare the Quality or the Quantity thereof yet others more expresly do