Let this CATALOGUE and LIST of DAMA­GES be Printed.

Novemb. 1. 1664
Roger L'Estrange.

A CATALOGUE OF THE DAMAGES FOR WHICH THE ENGLISH Demand REPARATION from the United-Netherlands. AS ALSO A LIST of the DAMAGES, ACTIONS, and PRETENSES for which Those of the ƲNITED-NETHER­LANDS demand Reparation and Satisfaction from the ENGLISH. TOGETHER WITH The Answer of the ENGLISH, subjoyn'd to the Several and Respective Points of Their Demands.

LONDON, Printed for Henry Brome, at the Gun in Ivy-lane, 1664.

THE PREFACE.

THE Practices of our Neighbours the States General of the Ʋnited Provinces towards his Majesty of Great Britain, and his Subjects, have been so notorious, both at home and a­broad, in Private and in Publique, in their Prints, Writings, and otherwise, that the whole world is sufficiently enform'd how great a part they have made it of their business to traduce the Honour and Justice of his Most Sa­cred Majesty, and to multiply Injuries upon his People. Which proceeding of theirs we cannot but look upon as somwhat irregular, considering their deep obligations to This Crown; together with their long Experience of the English Nation, which they have found upon several trials, and occasions, to be either the most necessary Friend, or the most dangerous Enemy to their Interest, and Government, up­on the face of the Earth. But whether they have done well, or ill, we are not to deter­mine, [Page]having only obtain'd leave, nakedly to publish the Fact of the Case, submitting the merits of it to all Indifferent Judges.

For the Better understanding of the whole Affair, we are to advertise the Reader, that his Majesty out of a Pious and Generous disposition to preserve a fair Intelligence with the States above-mention'd, (and notwith­standing divers motives, and provocations to the contrary) hath been graciously pleased, since his happy Restauration, to renew an Al­liance with them, and leave the Adjustment of, and Satisfaction for the Damages done to the English by those of the said Provinces, to a long, and deliberate way of decision; his Majesty obliterating many past misdemeanors, in order to a better Correspondence for the future; and promising to himself undoubtedly a Return answerable to so great a Goodness. Instead whereof, they have only rendred further dis-Obligations, and Reproaches; supplying a palpable defect of Right, and Reason, with a proportional measure of Confidence, and Cla­mour. Witness the dishonourable Constructi­ons they have made of his Majesties long-for­bearance; together with the Peremptory Judg­ment they have past upon the English De­mands; [Page]and all This, without so much as a thought either of a Pertinent Reply, or a Reaso­nable Satisfaction. Which we do the less won­der at; First, in regard that the Truth, and Equity of our Pretences are effectually Ʋnan­swerable; having suffered so strict an Exami­nation, (even by the Parliament it self) and after That having been made out upon so clear and undeniable Proofs, that it was impos­sible to add any thing, either to the Solemni­ty of the Debate, or to the Light of the Evi­dence. And in the next place, as to the point of Satisfaction; (not to aggravate mat­ters) we shall content our selves to say, That measuring things to come by things past, we did not find much reason to expect it; and so we shall leave them to the fate of their own Errors. But in the mean time, for the dis­abusing of the World, and for the manifesta­tion of our own Integrity, we shall present the Reader in this following publication, first, with A CATALOGUE of the DA­MAGES for which the ENGLISH de­mand REPARATION, &c. And af­ter That, with our Neighbours Recrimination upon Ʋs, under the Form and Title of A LIST of the DAMAGES, ACTIONS, [Page] and PRETENCES whereof the EAST-INDIA-COMPANY of the LOW-COUNTRIES do promise Themselves to have REPARATION and SATIS­FACTION: With the Answer of the English, subjoyn'd to the several and respe­ctive Points of their Demands, remitting it upon the whole, to God, Angels, and Men, to Judge betwixt Us.

A CATALOGUE OF THE DAMAGES For which the English demand Repa­ration. And,

First; Of the Damages which the English East-India-Company has sustein'd by the East-Indian-Company of the Ʋnited Pro­vinces.

COncerning the Ship call'd the May-flower, 1 whereof one William Curtis was the Commander: Who (being Agent also for the English-Company) having obtein'd liberty from the Queen of Acheene to traffique there, was about the Month of Aug: 1658, old style, debarr'd of all Commerce, by one Baltha­zar, who at that time commanded 3 Ships belong­ing to the East-Indian-Company of the Netherlands; and seiz'd Three Thousand Eight Hundred Seventy and Eight pounds of Pepper which the said Ship had be­gun to lade with, forcing the said Curtis to depart [Page 2]Empty; and nothing of this was known at London upon the Tenth of January following, 165 8/9.

Touching the Ship the Dragon, 2 (one Nicholas Bu­diford, Commander) which came before Bantam a­bout the Month of October, 1658, old style: which was forbidden, and hinder'd to Traffique there, by certain Netherland Ships then upon the Place, and by the General of Batavia, by whom the said Ship was constrain'd to depart without her lading, and also necessitated to stay in the Indies till her Provi­sion was spent, and forced at last to return in the Winter, and so she was lost. Of This likewise, no­thing was known at London upon the Tenth of Janu­ary following, 165 8/9.

Touching the Ship the Advice; 3 (Robert Mayne, Commander) which being arrived at Bantam about the Month of October 1658, Old Style, was in like manner as the Dragon forbidden all Commerce there, and forc'd to depart. And neither was this known at London upon the Tenth of January follow­ing, 165 8/9.

Concerning the Ship Marigold; 4 (John Connis, Commander) which arriving at Bantam about the Month of February 1658, Old Style; one Keyser, who commanded at that time 5 Ships before the Place, shot at the said Ship, and hinder'd her either to Enter, or Traffique there, so that she was necessi­tated to go her way.

Touching the Factory of Jambee in the Isle of Summatra, 5 upon the 9th of August 1659, Old Style: [Page 3]When Peter de Goyer, Principal of the Dutch Com­pany at Jambee, and Jonathan Clas his Second, with about 40 Dutch-Men, and 150 Slaves, all arm'd, and in form of an Enemy, enter'd by force into the Magazin of the English, in which outrage the Eng­lish were very much damnified.

The Ship called the Merchants Delight, 6 (Thomas Bell, Commander) arriving at Bantam in 1659. Old Style, was hindred from either Entring or Trading there, by certain Ships of the Dutch Company, who were there at that time; and so she was enforced to depart thence.

The Ship, 7 the Merchant of Constantinople, (Robert Brown, Commander) in the Month of Sept: 1659. Old Style, sailing betwixt Vingola and Goa, upon the Coast of India, was attacqued by 7 Ships in the Service of the Dutch-East-India-Company, whereof Peter of Beeter was Vice-Admiral, who took by force out of the said Ships, One Thousand Nine Hundred Seventy and Eight Granades, Fifty Nine Iron Guns, and Three Brass Morter-pieces.

For Monyes disburs'd about 166 1/2. 8 to make a Provision of Ships, Victuals, and all other Necessaries for the possessing, planting, and fortifying of the Isle of Pouleron.

Damages susteined by the Dutch-West-Indian Company.

THe House and English Factory of Cape-Corse, 1 was upon the first of May 1659. Old Style, burnt, and ruin'd, together with all the Merchandize and Moveables therein, by the Dutch, who were then in the Castle of Cape-Corse, and in the Service of the Dutch-West-Indian-Company.

The House and Factory of Cape-Corse, 2 after that the same was re-built, and well furnished with several sorts of Merchandizes, for the Trade of that place, was burnt again upon the 22th of May, 1661. Old Style, with all the Merchandizes, and Moveables in the same, by some whom those of the Nether­land-East-Indie Company had hyr'd for that purpose.

Damages susteined by the English Turkey-Company.

THe Ship, 1 Reformation, belonging to the Com­pany of London, laden at Scanderon in No­vember 1659. as she was quietly sailing in the Me­diterranean, was there seized, upon the 15th of May 1660. by a certain Ship which came from Holland, call'd the Holy Mary, whereof Lawrence Andreas was Commander.

The Ship, 2 Free-Trade, design'd from London to Scanderon, by some Merchants belonging to the said [Page 5]Company, in the year 1659. was seiz'd upon the 15th of May, 1660, by the said Holy Mary.

Damages susteined by other English.

THe Ship, the Experience of London, 1 (John Kingsman, Commander) was seiz'd upon the Coast of Portugal, by one Quaerts, and others of Zealand, in the year 1660.

Concerning a French Ship, 2 call'd the Golden Sun, (Nicolas de Breton du Pre, Commander) Edward Adams Merchant of London, as well for himself as for other English Merchants, demands to have satisfaction for the Merchandizes belonging to them, which were taken in the said Ship, in the year 1660. upon the Coast of Portugal by four Zealand Men of War, commanded by Philip Ros, Tousain le Sage, Albert Johnson, and the Masters Mate of the Ship of Matthias Quaerts.

The Ship, 3 Falcon, (Hendrick Hughes, Comman­der) was seiz'd upon the Coast of Portugal, upon the 31th day of May, 1660, by one Claus Rous, and another of Zealand.

The Ship, Saint John Baptist, 4 (Emanuel Hart, Com­mander, who had taken aboard some Negros upon the Coast of Guinne, and barter'd them for Sugars and other Commodities at Baghia in Brazil) was seiz'd in his Return in June, 1661, by a Zealand Man of War, call'd the Golden Port of Middleburgh, [Page 6]whereof Cornelius Thrumcap was Commander.

The Ship, 5 the Merchants Delight, belonging to one John Young, and Company of English Merchants, (John Bonner, Commander) having set sail from Dover in the County of Kent, was seized upon near to Cape Corso in Guiney, about August, 1661, by a Ship call'd the Amsterdam, belonging to the Nether­land West-Indie Company.

The Ship, 6 Paragon, belonging to Bernard Sparke, John Cooke, and Company of English Merchants, (whereof one John Bariford was Master) laden at Topsam. near to Exeter in Devon, and bound for Guiney, was seiz'd about the 15th of October, 1661, by two Ships belonging to the Netherland West-Indie-Company; the one, call'd the Amsterdammer of Am­sterdam, (whereof Aaron Couzens was Master) and the other, call'd the Arms of Amsterdam, (whereof Nicholas Yole was Commander.)

The Ship, 7 the Daniel, (belonging to John Knight, Thomas Knight, Henry Oakes, and Company of English Merchants, and commanded by the said Henry Oakes) set sail from London about May, 1661, to go for the Coast of Guiney, and was seiz'd in a hostile manner by a Ship of Amsterdam, belonging to the Netherland West-Indie Company, call'd the Amsterdam, whereof one Aaron Couzens was Commander.

The Ship, 8 the Brotherhood of London, (belonging to Peter Caulier, Bartholomew Caulier, Abraham Cau­lier, and John Beverley, and Company of English Mer­chants) was seized upon the Coast of Guiney, in [Page 7] February, 1655, Old Style, by one Cox, Commander of the Fregat, call'd Gat; and one Yapoone, Com­mander of a Ship call'd the Kater, both of them com­missioned by the Netherland West-Indie Company.

The Ship, call'd the Rappa Hanoeck, 9 (belonging to one John Jeffryes, and Company of English Mer­chants) laden at London, and design'd for the Coast of Guiney, was seiz'd near to Cape Lopes, about the 11th of September, 1656, by two Netherland Ships; the one call'd the Mary of Amsterdam, and the other the Ʋnicorn of Middleburgh, commanded by one John Serael of Munekedam.

The Ship, Sarah, belonging to one Ann Leuellin, 10 Administratrix of one Robert Leuellin, (Merchant) Humphry Beane, and Company of English Merchants, (whereof Arthur Perkins was Commander) was sei­zed upon the Coast of Guiney, in August 1656, near to Cape Lopes by two Ships of those Countries; the one call'd the Mary of Amsterdam, and the other, the Ʋnicorn of Middleburgh, commanded by the afore­said Serael of Munekedam.

The Ship, 11 Fortune (belonging to one Constant Silvester, and Company of English Merchants) was seiz'd about August, 1656; near to Cape Lopes, upon the Coast of Guiney, by the said Mary of Amster­dam, and the Ʋnicorn of Middleburgh, whereof the said John Serael of Munekedam was Commander.

The Ship, Blackboy of Dover; 12 (belonging to one Arnold Breames, and Company of English Merchants, whereof Ralph Wood was Commander) laden at Do­ver [Page 8]in January 1660, was seiz'd about the Thirteenth of April 1661, near to Comenda, upon the Coast of Guiney, by a Ship of those Countries, call'd The Grafenna; which came from the Castle of Mina, and carried thither the said English Ship.

The Ship, 13 Speedwell (belonging to Mr John Taylor, and Company of English Merchants of London, where­of Robert Cooke was Master) pursuing her Voyage from Gottenburgh for London, was seiz'd in May 1657, by a Man of War of Ostend, Commanded by Peter Tysen, who carried the said Ship to Amsterdam; and there sold her, together with her entire lading, to one William Hunton, Merchant of Amsterdam: without any legal proceeding or sentence against her.

The Ship, 14 Lubeck (whereof Ditmar Pieterson was Master) being laden in May, by Thomas Nisbet, and Richard Metcalfe of the City of York, with 1858 Tun of Rye, at Strale-Sond in Pomerland, to be trans­ported for Hull in England, was seiz'd upon by five Netherland men of War, viz. One commanded by Edward Anchuysen, another by Laurence Deden­camp of Groningen, a Third by one Captain Sunck, another call'd the black Eagle, and the Fifth the golden Lyon, which carried the said Ship to Copenha­gen, and there disposed of her lading.

The Ship, 15 Anne and Margaret, (belonging to Ri­chard Wescombe, Nicholas Warren, and Company of Merchants of London) having taken in her Lading at Tunis, with some Merchandise, in the year 1658, for the service of the said Proprietors, was seized in her Voyage to Legorn, by a Ship of those Coun­tries [Page 9]call'd the Geldre, whereof John Jacobson Zens was Master.

The Ship, 16 St John (Cornelius Van Ringen, Master) belonging to one Vincent de la Barre, and Company of English Merchants, being bought by their order at Middleburgh, in April 1658, and there laden, on design to go for Calbarine to trade for Negroes, was taken near to the Port of Calbarine by a Ship be­longing to the Netherland-West-Indie Company, and confiscated at Calbarine aforesaid; notwithstanding that the said Company had given permission to the said Vessel to the end aforesaid.

The Ship, the Assada Merchant, 17 being employed by Mr. Nicholas Buckeridge to go to Bantam to take in such Goods as the said Buckeridge had prepared there, in July 1657, was hindered by a Ship of the Netherland-East-Indie Company, which was sent ex­presly from Batavia: And this was not known at London the 10/20 of January 165 8/9, as will be made to appear.

The Ship, 18 Anne Piercy (belonging to Daniel Fair­fax, John Dethick, and Company of English Mer­chants) as she pursued her Voyage from England in March 1656, to go to Pantelorea, between Legorn, and Smyrna, and being design'd for Smyrna, was assaulted by a Ship of Amsterdam, call'd the Anto­nio, whereof one Ree Morice (a Hollander) was Com­mander; who burnt, and sunk her with all her La­ding.

The Ship, the Aethiopian, belonging to John Allen, 19 [Page 10]and Matthew Babb, English Merchants, (whereof Pe­ter Blake was Commander) being sent to Bobuee up­on the Coast of Guiney, with design to trade for Negroes, was seiz'd in a hostile manner, in the month of January 1661, by a Ship belonging to the West-Indie Company of the Ʋnited Netherlands, call'd the Post-horse, which carried her to the Castle of Mina.

The Ship, 20 the Lyon Providence of London, (be­longing to Sir William Thompson, and Company of English Merchants, who laded the said Ship at Lon­don, for Guiney) was seiz'd on in August 1656, near to Cape Lopez in Guiney, by two Ships belonging to the Netherland-West-Indie Company; the one call'd the Mary of Amsterdam; and the other, the Ʋnicorn of Middleburgh, whereof John Serael of Munekedam was Commander.

The Ship, 21 call'd the Brazil-Fregat of London, (be­longing to John Bushell, Edward Bushell, and Company of English Merchants) was seiz'd between Angola and Fernambuck, in the year 1657, by a Ship of Flushing, call'd The Sluce, whereof one Quaerts was Commander.

The Ship, 22 Charles, (whereof Captain Sprag was Commander) was seized in the Road of St. Martins in France, in July 1660, by Three men of War in the service of the States General, and commanded by Captain Enno Dondestarre.

The Ship, 23 Content of London (whereof William Jordan was Commander) as she set sail from the Downes, in October 1661, on design to trade upon [Page 11]the Coast of Guiney, was seized there by a Ship be­longing to the Netherland-West-Indie Company, call'd the Holy Barbara, which carried the said English Ship to a certain Island call'd the Isle of Gene.

The Ship, True love, 24 belonging to Sir Draper, and other English Merchants (Edmund Ni­cholas Commander) for certain Goods taken out of her belonging to English, and for the freight of such Merchandizes as were taken out belonging to Portu­ghueses, near to St. Michell, (one of the Western Islands) by Abraham Dominicus, Commander of the Ship, The Dauphine of Flushing, in 1659. As like­wise for Merchandizes taken out of the same in her Voyage between Lisbon and New-England, in the year 1660, by the Ships, the St. John Baptist, whereof John Lopez was Commander, the Catharine, Captain Oncruise, Commander, and the golden Burgh, Captain Thrumcap, Commander.

The Ship, Charles, belonging to Mt James Burkin, 25 and Company of English Merchants, (whereof one John Blackler was Commander) being laden for their Particular, upon the Coast of Guiney, was seiz'd upon the said Coast, in August 1661, by a Ship belong­ing to the Netherland West-Indie Company, call'd the Amsterdammer of Amsterdam, (one Aaron Couzens, Commander) and carried by him to Castle Mina.

The Ship, 26 Packet Fregat) whereof Edward Harri­son was Master, (belonging to one James Drawater, and Company of English Merchants) being laden at Genoa, and Final, and design'd for London, was seiz'd in her Voyage at the Streights Mouth, by a [Page 12] Netherland Ship, call'd the Golden Duyk, command­ed by Captain Albert Cock, about the 13th of May, 1654, Old Style, and carried to Cadiz in Spain, where the said English Ship, with part of her lading was re­stored: And Satisfaction is now demanded for the rest, and for the Cordage of the said Ship.

The Ship, 27 the Constant Mary, belonging to Fran­cis Bellars, Thomas Fowke, Richard Glover, and Company of English Merchants, (whereof one Daniel Lester was Master) being laden at London, and de­sign'd for Guiney, was seized upon the 8th of May, 1654, Old Style, about 20 Leagues from the Cape Saint Vincent, by a Netherland man of War, call'd the Holy Cicilie, whereof one Hanse Alburge was Commander, being, as he confessed, in the Service of the States of the Ʋnited Netherlands.

The Ship, 28 Nostra Seigniora di Remedia, having taken Merchandizes abord in the Port of Macassar, upon the Island of Celebes, in the Great Indies, in the year 1660, Old Style, was seized the 29th of May, of the same year, by two Ships of War in the Service of the Netherland East-Indie Company, which carried the said Ship to Batavia.

The Ship, 29 the Leopard, (belonging to Nicholas Bau­chart of London, and Company of English Merchants) was seized near to Capo Blanco, in October 1656, by the Challoup of a Holland man of War, (both be­longing to the Netherland West-Indie Company) and carried to the Castle of Arangeny, at Capo Blanco.

The Ship, 30 the Golden Sun of Lubeck, having a­bord [Page 13]her 110 Last of Rye, and being freighted at Revel, (upon the Baltick Sea) by one Thomas Beau­try, Merchant of London, and for his accompt, in the year 1659, was seiz'd by some Netherland men of War, belonging to the States General, and com­manded by Admiral Opdam, who sent the said Ship to the Admiralty of Amsterdam.

The Ship, call'd the Dove of London, 31 belong­ing to one Jacob Granger, John Warner, and Compa­ny of English Merchants, (John Johnson, Master) was seiz'd near to Shetland, on the North-side of Scot­land, by a Netherland man of War, and sent to En­chuysen.

The Ship, call'd the Rebecca of Ipswich, 32 (George Buckenham, Master) was seiz'd by a man of War of Ostend, (commanded by one Derwelly) and carried into Zealand, and there they unladed a part of her Goods, before any Tryal in the Admiralty; and not­withstanding all the Addresses and Applications which were made to the Admiralty of Zealand, the said Ship of War was suffer'd to return to Sea and escape.

Seized by Admiral Opdam, 33 and other Vessels un­der his Command, upon the Coast of Portugal, in the year [...] abord the Fleet, or Portuguese Ships, a quantity of Sugars, and other Merchandizes belonging to the English, and carried away to Am­sterdam, and other parts of the Ʋnited Provinces.

A LIST of the Damages, Actions, and Pre­tenses, whereof the East-India-Company of the Low-Countries do promise themselves to have Reparation, and Satisfaction from the English.

The Damages which the Company hath really suffer'd, or that have been caused to them, by the English.

THE Counsellors deputed in the Colledge of the Admiralty of Amsterdam, Dutch Pretense. Art. 1. do represent, that Captain Abraham Vanderhulst, having in the year 1657 taken a Portuguez Ship la­den with Sugars, was forc'd by storm to Har­bor at Portsmouth, and though the English could not pretend any right, nor cognizance, in justice to the Prize, and much less ought they to seize her de facto, without any form or colour of Process; Nevertheless the English Commissioners of Prize-goods taken by their men of War, passing over all considerations of good Neighbour­hood and Hospitality, took away the said Prize from the said Captain, and delivered her to the Portugal Embassadour then at London, who disposed of her: and the deputed Coun­sellors do pretend that they ought to be re-imbursed of the va­lue of the said Prize, cum omni causâ & accessione.

The East-India-Company of England, having seen the List of Damages, Actions, and Pre­tenses, exhibited against them by the Ne­therlands East-India-Company, do find it to be, A deliberate Mass of FRIVOLOUS, INSOLENT, and UNJUST Demands, built upon Conclusions made without the leave of any Premises of TRUTH, REASON, or LAW OF NATIONS; as we hope all im­partial, and rational men will judge, not on­ly from the Articles themselves, but when they shall see this subsequent Answer.

TO the first Article, we answer,English Answer. 1. That no Com­plaint is entred in the Admiralty Court; if there had, the question would have born a hard dispute in Law; Whether a Ship being taken as Prize, shall be brought into the Harbor of a Prince in Amity, with both the Taker, and the Taken, or to which of them the said Ship shall be delivered?

He that did reside at Jambee for the Company of these Countries, having bought there in the Month of May, Pretense. Art. 2. 1660. a quantity of 700 Picols, or 85000 l. of Pepper, at four Royals and a half the Picol, the English did take it violently, and seized on it by force.

To the second we say,Answer. 2. That we know not of any such Violence offered to the Hollanders, as the taking of any pepper from them: They name not the per­sons by whom it was that the pretended force was [Page 16]done; nor have we received any pepper from Jambee, or any other part of India, but what our Factors have paid for, and placed the money to our Accompt: Nor have we ever had any the least hint of the matter of fact complained of in this Article; But we have very good proofs of such things attempted against Ʋs in That Port, and elsewhere, by the Hollanders; and had not the greater Justice of the Magistrates of the place relieved us, we had had much more rea­son to complain of our Losses in that kind then we can have to hope that if they had been done, the Hollanders Company would have made us repa­rations for it.

An English-man, Pretense. Art. 3. called Mr. Paul, dwelling at Ganara (a place not a League distant from Bilipatman, on the North-side) took by force, and carried away, a very great quantity of Rice, amounting to many hundred Lasts, which the Company of these Countries or their Agents had contracted for, and bought; (and this, notwithstanding all the protestations of Mr. Kestlerus, (who did then reside there for the said Company) against such violence) which, was the cause that the Ship freighted by the Company, and design'd to go fetch the said quantity of Rice, were not only retarded; but also that the Gathering in the mean time being past, not any of the said Ships could accomplish their Voyage; which caused a very considera­ble damage, and prejudice to the said Company.

To the Third Article, Answer. 3. we say, we know no such man as Mr. Paul, nor ever heard any thing of Rice, bought for our Accompts at Canara, nor any wrong or injuries done them by our people there, and there being no time mention'd when it was done, the Ar­ticle answers it self.

It is only by the Treaty,Pretense. Art. 4. made betwixt the King of Great Britain, and This Estate, the 4/14 Sept. 1662. and not before, That it was agreed and Convened (amongst other things) that Pouleron should be restored to the said King, or else to such as should by his Majesty be fully Authorized in Writing under the Great Seal of England: And to that purpose the necessary Or­ders should be put into his Majesties hands presently after the Ratification of the said Treaty, his Majesty having also demand­ed the said Orders from their Lordships, by his Letters of the 18 of December of the same year, which were then accordingly expedited: And nevertheless, those of the East-India Company of England made no difficulty to send their Ships and Men into the Indies about two moueths before, to take possession thereof; who also accordingly did address themselves to the General, and Council of Batavia; and summon'd them to give them the necessary orders for the rendring to them the said Island. And though the said General and Council had no Authority to do it, because that difference had not as yet been ended in Europe; they were nevertheless so bold to go thither without any order or command from Batavia: so that the said General, and Coun­cil foreseeing the disorders that might thereupon ensue, even to the shedding of Blood; particularly since they could not know with what intent the English went that way, were necessitated for fear of ill consequence, as also for the conservation of the Forts, Places, and Goods of the Company, to send thither with all speed a recruit of Ships and Men, by which the English were kept back, and hindred from undertaking any thing by violence, whereof they would have made use, but for that stop.

Therefore the Company doth demand re-imbursement of the Charges laid out and imployed to that purpose, comprehending therein the freight of the Ships, as also the Souldiers pay, and Mariners wages; and of the Victuals, and withall, a reparati­on for the Affront made to the whole Nation, and to the pre­judice of their Reputation.

Secondly, They demand the Charges laid out by the Compa­ny, and the Damages by them suffered, whereof they pretend re-imbursement from the English, as also of the Damages ha­ving been caused by them.

To the fourth we say,Answer. 4. That for the first Affirmation on which they ground their whole discourse, they cannot but know to the contrary in Fact; for they lay down that the Restitution of the Island Pouleron was not agreed on, but by the Treaty made between the King and the States the 4th / 14 of September 1662; Whereas they could not but remember, that by the 9th Article of the Treaty in 1662, they were ob­lig'd to do it, in haec verba:

Those of the Netherlands do faithfully promise, that if so be they are in possession of the Islands, and Forts of Pouleron, or if they have been taken directly or indirectly by Them, or by their Mi­nisters, or by any others in their Name, to aban­don, give over, and forsake them; and to re­store them unto those of the English Company, in the same state and condition they enjoyed them during the time of the Treaty.

And when notwithstanding this Covenant they had deteined it, unto the year 1654; It was then agreed de Novo, by the Commissioners of Both Sides, and ratified by the States, in haec verba:

Et praeterea Statuimus, ac Ordinamus, ut praedicta Societas Belgica cedat ac restituat Societati An­glicae praedictae, Insulam Pouleron eo in statu & conditione, in qua nunc est; ita tamen ut licitum sit dictae Societati Belgicae tollere & amo­vere ex insulâ praedictâ apparatum Bellicum, Merces, Suppellectilem, & omnia mobilia, si quae fortassis in dicta insula habeant.

So that then the word of Restitution us'd in both those Articles, evinceth our original right to it; and convinceth them of their Injustice in disposses­sing [Page 19]us, and deteining it so long from us: And neither of those Articles obliges us to any Formalities of the King's Commission, or more then a bare Demand of it, when we had a mind to receive it. And our Ships that were sent to possess it being departed, as they confess, before the conclusion of the Treaty in 1662; and That Treaty containing nothing that derogates from the two former Treaties, they cannot but with monstrous confidence accuse us of proceeding irre­gularly; especially, when it shall be considered that our Ships carried not onely the King's Commission under the Great Seal to possess and plant it, but even Orders also from their States and Company; Dated the 18th of October, 1660. The receipt of which, the General and Councell of Batavia acknowledged by their Letter of the 8th of November 1661, and though in the same Letter, they say, that since the Date of those Orders, they had by their last Ship out of Holland received Intelligence that new debates were arisen between the two Companies, and there­fore we could not with Reason demand surrender of the said Island, until they had farther Intelligence from their Masters in Holland; yet our Commanders had both the Order of their Masters, and a just title to the liberty of sailing into those Seas to Trade, without the Hollanders leave or disturbance. Nor was there any colour of Jealousie given to the Dutch of any hostile design, when the English Com­manders declared their Resolution to follow their Masters Orders, and went onely with two Merchants Ships provided for Trade, and planting the Island (if it had been amicably delivered as it ought to have been) and therefore we think it had been ridi­culous and imprudent for the Commanders of our [Page 20]Ships to have desisted from the prosecution of their Voyage, and demanding the Island upon the place, as it is in them now to demand of us satisfaction, for the expence of those forces which they say they sent to affront his Majestie, and keep us from our right; while under the Fictitious Pretense of a Jealousie, they designed (according to their usual practise) to give us a forcible and real interuption in our just course and liberty of Trade: for which, we hope in time to receive satisfaction, and security against the like in future.

After that the East-India Company of these Countries had in the year 1655.Pretense. Art. 5. Vide page 22. for the Answer. really paid in England, under good and suffici­ent Acquittance, the Moneys contained in the Arbitrary sen­tence pronounced in the year 1654. by the Commissioners na­med on both sides, amounting unto the sum of 88615 l. Sterling, by which they thought to have fully stopped all pretenses, and therefore might safely order their Ships to take (in their return) the usual Channel, and to those that they dispatch'd from hence, to land in England, as if they should be thereunto forc'd by storms or contrary winds, there to expect fair weather and a favourable wind: Nevertheless, the English did not omit to raise new actions and pretenses against this Company, as soon as they heard in the Month of Sept. 1657, that there was ar­rived in the said Channel a Ship of the said Company, call'd Henrietta Louisia; and they obtained presently, by direction of their Admiralty, a Warrant or Commission to make a Seizure of the said Ship, and of its Cargo, to the prejudice and contempt of the Treaty so lately made with them; and That, under a frivolous pretense of the English-East-India-Company, for the sum of 100000 l. Sterling: and of the Commissioners Established up­on the disaster of Will. Courteen after his Bankrupt of the like sum of 100000 l. But the said Ship having very happily es­caped their hands, the Admiralty did anew grant (in the Month of November following) a second leave for seizure, which was effectually executed upon the Ship call'd Sterling, which [Page 21]being departed from hence to go to the East-Indies was forc'd by storm, to Harbor at Portsmouth, so that the Company of this Country seeing the irregular and unjust proceedings of the English, to prevent such like inconveniences for the future; hath been obliged to order their Ships (instead of passing the Chan­nel) in their return, to go about by Scotland, and to take their way Northward, as they did formerly, which does not only cause that the Merchandizes arrive, and are sold later every year then before, to the great damage and prejudice of the Company, which is thereby obliged to pay greater Wages; and their men are expos'd to greater and longer dangers, and suffer greater damages and inconveniencies, but they are also oblig'd, as well for the safety and preservation of their Fleet when it is coming home, as for the refreshing of the men, who coming from that Country hot, do suffer by the cold in making so long turns by the North, to fit every year a great number of Men of War, and Pinnaces to send before to meet them by the North. The Charges disbursed, and that must yet be disbursed to that purpose, and the Damages amounting to a most con­siderable sum, as it shall appear by the Accompt that shall be thereof given.

From the time that the Company of these Countries did un­derstand that the grant of seizing the said Ship,Pretense. Art. 6. Vide page 22. for the Answer. call'd Henrietta Louisia was given, because that about That time they did ex­pect the two Ships call'd Arnhem and the Castle of Honigen, which were to return by the Channel, they found themselves obliged by a warrantable apprehension, and necessary care to cause some Men of War and Pinnaces to be made ready, and to depart with speed, to meet and convoy the others; So that the re-imbursement of those charges may justly be demanded from the English.

Furthermore,Pretense. Art. 7. Whereas the Company abovesaid apprehended some like seizures in all the Ports of England, they have been obliged expresly to forbid the Ships they dispatch from hence to enter there or cast Anchor in the Road: which is the cause that many of their Ships finding themselves often surprized by storms, have been forc'd to come back and enter into the Ports of these Countries, to stay for a more favourable wind, to the [Page 22]great prejudice of their Voyage, and exposing themselves to great danger; the damages thereby suffered, and by those de­lays, amounting to a sum also very considerable.

To the fifth, sixth, Answer. 5, 6, 7. and seventh Articles, we think it sufficient for Answer, that if their being conscious to Themselves of the injuries done by Them to the Subjects of This Kingdom, and yet not honest enough to be willing to make legal satisfaction, does fright them from passing with their Ships through the Channel, lest they might fall within the Virge of the Law, they may Themselves blame their own unreasonable fears; but yet to shew the world how unreasonably they would ground a pretense of satis­faction from Ʋs, for their own unjust Jealousies; We desire it may be noted, that all that they complain of, was an attempt of a Legal Proceeding against the two Ships, the Henrietta Louisia, and L' Estourneau, one of which was never Touched with an Arrest, and the other released as soon as it was requested.

During the War that those of Bantam have begun against the said Company, Pretense. Art. 8. against all equity and reason; with so much perfidiousness, that even the English have been obliged to avouch, and testifie as much by their Letters: the said Com­pany had no other means to oppose themselves to it, and to do them hurt, then by keeping their Harbour and City surrounded, and besieged with a Fleet of Men of War, and to hinder their Trade; and that there should not go in or out the Merchan­dizes and Provisions they might have need of, thereby to di­sturb them; so that they might be constrain'd to submit to reason, or else to weaken them so much, that causing their Forces to draw neer, and assaulting them vigorously on the Land-side they might be utterly vanquished thereby, and wholly subjected: The Experience and Event having also made it known, that they have been so much humbled thereby, that they have been forc'd to come to desire peace, (as with joyned [Page 23]hands) But the English, who (by virtue of the Treaty made with them by this State) were obliged to be helpers to the Company of these Countries in this Encounter, so much the more, that it was They that were set upon; and that only by an aversion, and irrreconcileable hatred whereof the Moors are prepossessed against all Christians; in lieu of helping them, have lost no opportunity to oppose themselves to our designs, and have endeavoured with their Ships to procure the Harbour free, and to make them lose the Benefit of a siege which had cost them so much trouble and charges; and in Consequence, to cause the said Company to be consumed by those means, because That hath been the cause, that not only the said War and Siege have endured far longer then they should otherwise have done (which hath caused great prejudice to the said Company, and hath much vexed it) but also that they have been obliged to hinder the English to obtain their end, to have the said Road surrounded and besieged by a greater number of Ships, and those bigger then otherwise they should have needed to em­ploy: so that besides the other delays, hinderances, and pre­judice, caused to the said Company for that cause, in other oc­casions they have been obliged to be at a very great charge, and have been very much incommodated with other Ex­pences.

To the eighth; Answer. 8. We say it ought not to come in consideration at all; because no time is assigned of the fact, nor any person or Ships named; nor have we knowledge of any thing but our sufferings, du­ring the time that some of their Ships lay before Bantam, unless they will call it a crime that we en­deavoured amicably to obtain from them the just liberty of Trade which the Law of Nations allows, and they denyed us: And we can guess at no other ground of that War, unless it were to force the King of Bantam to a Contract to exclude us.

The English know that the abovesaid Company have ever treated with the Queen of Acheen, Pretense. Art. 9. as well for the Tynn which is bought at Perager, as principally for the Pepper which grows in the Western Coast of the Island of Sumatra; by which Treaty, the said Pepper is to be all delivered at a certain Rate, whereof there is an agreement made with the said Company, to the ex­clusion of any other Nations, as the Company is likewise obliged on their side to go fetch all the Pepper at the said rate. The English have heretofore made such Contracts, as well joyntly with the said Company, as by themselves with several of the Indians: for it doth appear by the Agreement made in the year 1619 be­twixt the two East-India Companies of England, and that of the Low-Countries, for the re-establishing of the Affairs of Ban­tam, by the Approbation and Authority of the King of Great Bri­tain, and of the States, That there had been then such a Con­tract made with the King of Acheen, by the which it was also agreed, how, and in what manner both the Companies could joyntly make such a Contract with the King of Bantam, for the Pepper which groweth in his Country; and the same to the ex­press and formal exclusion of all other Nations, as well Indians, as Europeans, who would trade therewith. The which was ac­cordingly perform'd, and practised; And although for That rea­son the English were obliged not to trouble the Company of the Low-Countries, in performance of the Agreements made (which do as yet remain in force) they have however always endea­voured to frustrate the said Company of the Benefit of the said Contract, by indirect ways, and evil means, in corrupting the Inhabitants of that Country, in obliging them to sell them the Tynn, and the Pepper, by the greater Price, or Rate, which they caused to be offered them from time to time, without taking any notice of the protests made by the said Company, or their Agents, against such proceedings: so far that the said Company, not able to forbear any longer, was forced, for the observation and execution of the said Contracts, to take up Arms to bring those men to their Duties by meer strength, they having been taken off, by the ill practices and cunning ways of the English. The peace was not so soon renewed with the said Queen (as also the old Contracts) but the English came in with their Ships with a design to disappoint also the abovesaid Company of that Pepper, [Page 25]if they could have done it; so that the English have been the movers, and given occasion not only for the said War which the said Company was forc'd to make against the Kingdom of A­cheen, with so excessive charges, but also by the sleights they have made of their protests, they have obliged the Company to keep there continually a number of Ships to hinder the Inhabi­tants to sell their Tynn and Pepper to the English, by hidden and indirect ways, and frustrate thereby the Company of the Low-Countries, which hath caused a very considerable preju­dice and damage to the said Company which doth conceive it self to have a right of demanding reparation thereof from the English Company.

In the third place, the Injuries, Affronts, and Hinderances, as also the troubles, and incumbrances, which the English Com­pany hath procured to This Company, whereof This Company doth demand reparation, and refaction.

To the ninth Article; Answer. 9. We know that they have made Contracts with the Queen of Acheen both for Tynn and Pepper; and it may be exclusive to us; but if so, they have violated the express terms of that Treaty 1619, which they misreport for the 27th Ar­ticle, in express terms provides, as follows.

That neither of the two Companies shall prevent, or exclude the other, for time to come, whether it be by means of Fortifications, or Contracts, that one would make hereafter in any part of the Indies: But all the Trade shall be free and common to one, and the other, in every place thereof.

We do not deny, but where there is no obligati­on to the contrary, it may be lawful for them or us [Page 26]to contract with any Prince or people, for the whole of any commodity of their growth or manu­facture; but if the Hollanders say truth in their own allegations, that they have always had such a Contract with the Queen of Acheen; they confess that they have injured us in it, contrary to the 27th Article of the Treaty 1619 aforesaid. But supposing them now absolved from that Article, and that con­trary to that good neighbourhood which they ought to shew us, they have made such use of that liberty as to contract with the Queen of Acheen, and others, by the influence of their arms to exclude us from the Trade of their Countries; yet we being no par­ties, nor consenting to that Contract, cannot be un­derstood to be under any obligation, not to endea­vour to share in the Trade, if either party be wil­ling to admit us; and if they do it to the violation of their Contract, the Contractant only is the person upon whom both by Law and Reason the party inju­red must have recourse for satisfaction, and not upon us: And That especially since those Contracts have been for the most part extorted from the Natives by pure force of Arms, even while we have had our Factories amongst them; and so have been fellow-sufferers with the Natives in the injuries they have done by the War. And therefore We think it will be judged very frivolous in the Hollanders to require from us satisfaction for the expence of Their conti­nued Forces, by which they maintain the advantages of their first extorted Contract from the Natives to our prejudice.

The English have of late begun to introduce and practise in the Indies to protect and defend the Ships and Barques belong­ing to some Nations with whom This Company is in Wars gi­ving them a Warrant, or Poss-port, Pretense. Art. 10. whereby they do maintain that those people ought to be free of any trouble, or molesta­tion. And whereas that hath caused already many disorders, and distastes which apparently will breed open hostilities, the a­bovesaid Company doth beseech the King of Great Britain to give such necessary orders that such things may cease, for want of which they do protest that they cannot be blamed of the incon­veniences which may thereby happen.

To the tenth Article; we say; It is true,Answer. 10. that we have and do practise to give Pass-ports to the Ships of those Natives that are in friendly commerce with us: by which; all the Commanders of Ships in our service, are required not to hinder or disturb them; but rather to lend them assistance: and the Holland­ers do the like; and we know not why it may not be as free for us as them: And if we have given such Pass-ports to Our friends whom the Hollanders may please to call Their Enemies, and therefore attaque them, We know not of any disorders that have fol­lowed upon it; but it seems by the confidence of the request of this Article to his Majesty, and the Impu­dence of the threat of an open War, and Protest a­gainst Him, in case of his non-complyance, that the Netherlands Company doth most insolently pretend in their own names, to be sole Sovereigns of those Seas, and would have his Majesty own them for such, but that being a matter of State, this Company leaves it to his Majesties Royal Resentment.

And whereas it is daily more and more seen that the English have no other intent but to trouble and molest This Company in the Indies, Pretense. Art. 11. and to offer any kind of injuries, and affronts to their men; and That only to pick a quarrel, that they may have pre­tense to make some protests; since they have not stuck openly to declare, that they get a greater benefit from those protests, then by their Trade; seeking only thereby to alter the peace and quietness between both Nations. The which doth clearly appear by the Impertinent pretenses which they have thought good to produce here, and to make use thereof, the which doth much concern the Authorities of both Estates to hinder as soon as possible, and to oppose vigorously: And the Companies of these Countries do demand that it may be provided thereto, and remedied as soon as can be: Above all, that they may be instructed how to govern and carry themselves in the Indies, in regard of that Nation; because that having surrounded or be­sieged any Enemies place, the English shall endeavour to get in, or land with their Ships, and so vice versa, because that hath caused many distastes and disorders some years since past.

To the eleventh Article, Answer. 11. we can but say that the whole affirmation of it is scandalous, and false, and will never be believed unless they can perswade the world to judge that our peaceable endeavours to follow any part of the right of our Trade in the Indies, is a declared intention to trouble and disquiet the Netherlands Company, and to injure and affront Their people: Nor can it possibly be credited, that we should attempt to injure or affront them upon design to quarrel there, that we might have a pretense for Protests, and boast that we had gotten more by That then by our Trade; For first; We have not for many years last past been in a condition in those Seas to contest our right with them; and there­fore [Page 29]could not be so inconsiderate, as to provoke those whose avarice and might, would, could and hath destroyed our interests. Secondly, It were as ridiculous for any man to believe, as it is scanda­lous in them to affirm, that we should get by Pro­tests against Them, when hitherto it is notorious to the whole world, that we never obtained from them after the clearest conviction of them, Resti­tution of one tenth part of those losses which have been brought upon us, by Their Robbery, and Inju­stice: But we can with very great truth affirm, that when their people have taken our Ships and Goods, and could not deny but the Act was unjust, that they replied; It was better for their Masters to pay for it at home, when we could get it, then for them not to improve all ways and means to discourage us in the Trade. And whereas in the Close of this Article, the Netherlands Company presume to prejudge the differences now depending, and to instruct both Our and Their Sovereignty, in what they assume to judge to be their duty. We shall onely say, that when his Majesty shall in his Royal Wisdom think fit to establish any regulation between us, we shall du­tifully and cheerfully conform to it.

Amongst others, an English Ship, called the Surat Mer­chant, Pretense. Art. 12. being in May 1662, on the Road of Gameron, did force a Moorish Ship of Matulipatuan, which did carry two Flags of This Estate, to strike down, and to take them off, in the view of all the World, which was no small affront to the whole Nation.

To the twelfth Article, Answer. 12. we say; We know nothing of it; but were it so, That Company could not have had the Impudence to have made it an Objection, that an English Ship riding with the English Flag would not suffer the States Colours upon a Moors Ship to be born up in her presence, unless they concluded themselves, both Sovereigns of the Indian, and Per­sian Seas, and Masters of the English Nation at Home. But perchance they fancy, that this their frivolous and unknown complaint, might serve to ballance that unsufferable affront that was offer'd in February 16 62/63, to the English Flag of Saint George at Swallow Marine, in presence of the English Nation; when Captain Bence, Commander of the Holland Ship, (Gouldstloome) Riding Admiral there, first made faste the said English Flag to the Star-bord list of the main-top-sail yard, where it hung half an hour; and was thence remov'd to the head of the main Mast; and thence down to the Top, and there remained all day, under the Dutch Flag. And the same day, the Dutch landed, and marched with their Flags flying round the English yard, in derision of the English Flag there on shore; and that they did the like with higher Insolence about the English House in the City of Surat it self.

Whilst the Forces of This Company did besiege lately the Ci­ty of Cochin, Pretense. Art. 13. the English which were in the Port of the said Ci­ty so far forgot themselves, as to serve the Artillery of the said City against the Besiegers, and this directly against the Treaty made here with them in the Hague, the 6th of February, 1659. which saith expresly, that both the Companies shall live quietly, and in good Intelligence together, and shall reciprocally [Page 31]shew one another proofes of friendship, as well in the East-Indies, as elsewhere: for which, the said Company of the Low-Countries doth demand reparation, and satisfaction.

To the thirteenth Article, we say;Answer. 13. We know not that any of our men served as Gunners in the Town of Cochin against the Hollanders; or if they did, it is like it was done in defence of This Companies Inter­est There, which the Hollanders had equally designed for destruction with that of those whom they call their Enemies; and when our differences come to the test, it will then appear, which of the two Companies hath observed, or violated the Articles of Amity made in Anno 1659.

Whilst in the Month of April, Pretense. Art. 14. 1662. some Sea-men of this Country were about diverting themselves neer the Road of Suali, in a Village call'd Selein Dammetyens, they were not only ill-used with Cudgels by some English which hapned to come in, but also three of them were so much wounded, that one, call'd Paul Francis Schoone, fellow or Adjutant helper to the Gunner in the Ship called Buyenskereke, dyed of his wounds two days after, without any punishment inflicted on the Offen­ders by the English President of Surat, called Matthew An­drews, although he was summoned and motion'd to do it: Therefore This Company cannot chuse but demand reparation of the affront and wrong done to the whole Nation, and is ob­lig'd to maintain that there is an obligation to punish the guilty exemplarily.

To the fourteenth, we say;Answer. 14. We conceive that nei­ther This nor the tenth, eleventh, twelfth, and thir­teenth Articles, (being matters of State, and not of [Page 32] Trade) do fall within the Cognizance of the fifteenth Article of the Last Treaty, and therefore ought not to be here admitted: But yet we Answer, that we know nothing of Paul Franc Schoone, his being bastonaded by the English to death; onely we find by good and sufficient Attestation, dated at Sualy in March and April 16 62/63; that about that time three Dutch-men assaulted two English-men in the open field, and one of the Dutch with his drawn knife struck at the face of one Wilks, who receiv'd the stab on his hand; and when the Dutch-man was making a second stab at the other English-man, one Brewer, (whom he wounded in the Arm) Brewer, in his own defence, stroke the Dutch-man with his staff over the face, and felled him to the ground; and if the Dutch-man dyed of the blow, the English-man cannot be accused of a murther; when what he did, was se defendendo. But on the other side, we found that in April 1661, Joseph Goodson, an English-man, and other English-men, were barbarously assaulted at Sualy, by the Chy­rurgeon of the Dutch Ship, Henrietta Louisia, and one John Abramson, with drawn swords, and run into the belly the said Chyrurgeon, and in few hours after dyed of his wounds. And another English-man, one John Jones, endeavouring to rescue the said Jos: Goodson, was then likewise slain by the two Dutch parties.

That upon the 16. of March, 1662, about 30.Ans. 14. Hollanders entered into the English Bazar, with Lances, Swords, Clubs, &c. and Colours flying, and enquired for English men, swearing by their Sacra­ment, and threatning the Death of all the English they could meet; but finding none, they brake in­to a mans house adjacent, where they found an old man, a Servant of the English Company, to whom they gave four Mortal wounds, and left him: And now let the whole world judge, whether the English, or the Dutch bee the affronters, and Murtherers.

That on the 14 of April, Preten. Art. 15. 1658. the great Barque of the Holland-West-India-Company coming from Curaso, was at­tacqued in the open Seas, and brought to Jamaica by an Englishman of War, named Sabado. That the said Barque was not only arrested at Jamaica until the 23 of the same month; but also during that time, there was taken from her the sum of 900 Livres; and therefore the said Company do demand sa­tisfaction for what they have suffered by the said Encounter, and by the retardment of the said Barque, and restitution of the said 900 Livres.

To the 15. Article, it is Answered; Ans. 15. That we have heard that about the time alleadged, there was one Sabado, who had Commission to be a pri­vate Man of War from Lieutenant General Branio, but knew nothing of any such Prize taken by him, or that was brought into Jamaica.

The said Company do say, that upon the 29 of November, Preten. Art. 16.1659. one of their Ships, named the St. John, coming from Guyne laden with a considerable number of Slaves, was put on shore near the said Island of Curaso; and that those of Cu­raso sending one of the Barques of the said Company, (to save the said Slaves) named the Ostridge; while the men were la­bouring to transport them from the Ship to the Barque, there [Page 34]came upon them an English Fregat, called the Castle Fregat, of which John Peterson du Caldican was Captain; who did not onely hinder them from their designe, but fell upon them by force, and made himself Master of them, and took away 84 blaves as a lawful Prize, and carried them to Jamaica.

To the 16.Ans. 16. Article, it is Answered; That about the time in the said Article mentioned, there was a Dutch man, named Peterson, who brought in a boat with 6 or 7 Negroes to Jamaica, having dis­posed of more, as he said; and alleadging great scarcity of provisions, did sell the Negroes to the Inhabitants of Jamaica; and being examined how he came by them, did aver that he took them at Sea as a Wrack; and the Carpenter and others of the Ship so wracked, did justify the same: All which depositions were sent to the Governour of Curasso by Col. Doyly.

The Directors of the said West-India-Company do complain,Preten. Art. 17. that upon the 12 of March, 1660. the Agents that they had at Cabo Verde, were hindered by five English Ships from Tra­ding there, as they had customarily done; which frustrated them of very great advantages and profits, and yet notwith­standing, they remain charged with the Entertainment of their Officers and People, both Military and others, as also other Forts, Lodges, Ships, and what depends on them.

To the 17.Ans. 17. Article, it is Answered; That this Article is so general, that no particular Answer can be made unto it; it making no particular mention of any violence done, nor to whom, except in that general word of the Complaynants Agents at Capo de Verde: And all that can be said, is, that some Ships in which the Royal Company had an Interest, did about that time pass to the River Gambia; but [Page 35]we never heard of any the least violence or injury they did offer to any persons or Ships in their pas­sage thither: And when that complaint shall be so cloathed with circumstance, that we can have any particular to six upon, an Answer shall be made thereunto.

In pursuit of this pretence,Preten. Art. 18. the said Company complain a­gain, that the same English after they had thus abused them, went to the River of Gambia, where they dispossest the Mini­sters of the Company with violence and force, and took all, so as that people were constrained to abandon all the Forts, Lodges, Houses, and all that the Company possest. And for as much as since that time the Company hath not been able to Trade, they alledge that the Damage they have suffered by reason hereof ought to be sufficiently repaired.

To the 18. Article, it is Answered; Ans. 18. That it is much of the like nature; for it runs all in general words, without naming any Fort or Lodg, to which the Dutch Nation have any claim, as we believe will most evidently appear, when the Dutch shall de­scend to a particular naming of any Fort or Lodge; which we have cause to think they avoid, lest the grossness of the allegation should be too notorious.

The same Company do further represent, that in Aug. 1660.Preten. Art. 19. one of their Ships, called the Peacock, being at Sea near the Island of Aruba, was set upon with force by an Englishman of War and his Complices, who brake open the Coffers and Chests, and took away what they thought fit, and did very much hurt and outrage, as declared Enemies to the Company of that Ship; and therefore they do declare, that they may lawfully demand restitution for the violences done to them.

To the 19. Article, we Answer; Ans. 19. That the Man of War, which the complaynants say took their Ship, [Page 36]is not named, therefore we cannot Answer; but we know that about the time mentioned in this Article, there was a Dutch Ship taken about Aruba, by Capt. Mynges, which as it appears to the Admi­ralty, was in the service and pay of the Spaniard, then in hostility with the English, and had shot at Captain Mynges, and furnished the Spaniard with Ammunition, and had Spaniards aboard; and there­fore legally condemned by the said Court of Ad­miralty.

About the end of the year 1660.Preten. Art. 20. (to wit, the 25 of Decem­ber) one of their Ships named the St. Peter being at Anchor in the South-Bay, near the Isle of Cuba in the West-Indies, was not onely pillaged (to the loss of her Merchandizes, her Car­gazon, and all the Ʋtensils of the Ship) by an Englishman of War, called the Pearl, N. Freeborn, Captain; and that in the presence and sight of another English Ship, of which Richard Reesby was Commander, with a Commission of his Majesties of England: but also the people of the said Ship were treated in a horrible, and indeed barbarous manner: for among o­ther cruelties which they exercised, they put a Cord about the Neck of the Masters Mate, and hung him up in that condi­tion till the blood came out at his Nose and Ears, so that the Cord was then cut, thinking he had been dead; after which they put burning Matches to his Fingers, until they had consumed the flesh to the bones; and in fine, constrained the Master and Factor of the said Ship, (as well by the sad spe­ctacle, as by horrible threats) to pass and signe an Act, obli­ging them to approve of all these insolent and inhumane a­ctions, and to avow that the Ship was fair Prize, with all her Lading.

To the 20.Ans. 20. Article, we Answer; That it is true, that one Freeborn, a pyrate (who had no Commis­sion, but had formerly been in service of the Spani­ard, and is since taken by them, and hang'd for his pyracy at Cuba) did plunder such a Ship as is men­tioned [Page 37]in the said Article; but coming to Jamaica, the then Governour, Colonel Doyly apprehended him, and five others of his Company, as pyrates, and sent them in Irons to London, with a charge against them, and secured the rest of the pyrates-company at Jamaica, and gave a Dutch-Master 50 li. to go to England, and prosecute the said pyrates, and promised them passage in the Diamond Fregat; but for want of prosecution, the pyrates after 6 months imprisonment in England, were discharged, and Col. Doyly restored the Ship, and all that re­mained by her; and furnished her with what she wanted to enable her to sail, out of the Kings stores; and what small remainder of goods were found belonging to her Cargo, the Colonel tendred the Ma­ster to be freely restored to him; but he refused to accept of them, and there was never any de­mand made of them since; and how freely, and clearly they were dealt with by the said Governor, will appear by the following Copy of a Letter, writ­ten to the Supra Cargo of the said Dutch Ship, upon the first notice of the Pyracy committed.

To Henry Hamburk, Merchant of the Ship of St. Peeter of Amsterdam, These.

WHereas certain goods belonging to you, have been pyratically taken, and brought into this Harbor, and found out by my labor and industry; [Page 38]I do according to the 14. Article of Peace and Con­federation between England and the United Pro­vinces; offer you your Ship, Tackle, Arms, Furni­ture, and Apparel, as also all such goods as are in being, and found out, that so such Justice may be done, for and on your behalf, as lies in my power.

A List of the Pretensions which the Inhabitants and Subjects of the United Provinces of the Low Countries have put in Writing, and produc'd against the State, or some Particular Subjects of the King of Great Britain, for the Injuries and Damages which the Inha­bitants and Subjects of the said Provinces have suffered, as well by the Attaque, Prize and Pillage of their Vessels and Goods, as otherwise, in other manner, since the year 165 3/4. in several parts of the world; and since the year 165 8/9. in the East-Indies, to be repaired according to the Tenor of the 15 Article of the Treaty last concluded.

PHilip Vanhulten, Preten. Art. 21. and his associates, Merchants dwelling in Amsterdam, do say, that in the year 1657. they had freighted a Ship named the Sancta Maria, (John Lynen Ma­ster) to go from Amsterdam to the Canaries, and from thence to the West-Indies, belonging to the King of Spain, and from thence to return to the Canaries, and afterwards to Cadiz in Spain, and finally to return to Amsterdam. That the said Ship after she had made her West-India Voyage, and returned with [Page 39]her Lading to the Canaries; where the Master of the Ship ha­ving found the Orders of the said Vanhulten, and of the rest of the Owners, went from thence with his Ship to Cadiz, where the said Master being arrived in November 1658. and beginning to apprehend lest the Minister of the King of Spain at Cadiz, might give him some trouble, he steered his course for Gibraltar, and there he met the Ship call'd the Pro Patria, whereof Jacob Muts was Master; whom he thought good to entrust with the Hides, and other Merchandizes, to be carri­ed in his Vessel to Amsterdam. That while the said Master of the Ship was busie in the Lading of the Hides from one Ship to another, there came upon him one of the Parliaments Ships, called the Fairfax, commanded by Robert Story, of the Squadron of General John Stoaks, which assaulted and took those two Ships, and carried them to the Coast of Barbary: and being there, the said Robert Story unladed all the Goods out of the Ship Pro Patria, and carried them away to Toulon in France, together with the Ship Sancta Maria, with all her Lading, (as she came from the West-Indies) which consisted of 13897 Hides, 1384 Cargoes of Cacao, 2225 Rolls of Tobacco, 772 pieces of Brazil Wood, 18 Kintals of Ginger. And the said Vanhulten and his Associates having complained thereof to the Admiralty of England, did obtain a discharge of the said Merchandizes upon caution; and accordingly on the 11 of December 1660. they obtained sentence, by which the caution was discharged, and the Goods declared free, adjudging resti­tution thereof to the said Vanhulten, or to his Assignes. But in stead of restitution in full, the said Vanhulten received short of his due, 2095 Hides, 27963 pounds of Cacao, 4360 l. of Tobacco, 4722 l. of Brazil Wood, and 1813 l. of Ginger.

The Answer of the English, to the Pretensions exhibited by the Subjects of the United Provinces.

THis Complaint doth Answer it self;Ans. 21. that upon complaint to the Admiralty of England, be obtained a discharge of the said Merchandizes; upon [Page 40]caution, and on the 11 of December, 1660. he ob­tained sentence of Restitution; whereby his caution was discharged, and the Merchandizes declared free; condemning those that had detained them, to restore them: Now, if all the merchandizes came not to his hand, that were in the Ship, (as he saith they did not) yet is there not to be found in the Admiralty any complaint thereof, nor any proof made upon any such complaint of the reality or truth thereof; so that here can be no cause of com­plaint of the defect of Justice; he himself not pro­secuting any farther to have the sentence put in execution.

William Mumma, Preten. Art. 22. Huter Peterson, and Gilbert Skouten, (all Merchants of Amsterdam, and interested in the said Ship, the Maria) referring themselves to what hath been alledged by the said Philip Vanhulten, and his Parteners concerning the said Ship; do say further for a ground of their complaint, That the same Ship was stopt at Toulon for the space of three years and five moneths; and that during all that time, the Owners could not make any benefit of their Stock, nor yet get the Ship discharged. And for as much as by the sentence of the High Court of Admiralty of England of the 5th of Decem­ber, 1660. it was declared, that the said Ship being wrong­fully taken, ought to be restored to the Owner, (as in effect it was, after a tedious pursuit) they think that they have very good grounds to demand satisfaction for all their Expences, Damages, and Interests, beside the restitution of their Merchan­dizes.

And as to the complaint of William Mumma, Ans. 22. Huter Peterson, Gilbert Skouten, Merchants of Am­sterdam, interessed in the said Ship, the Mary: They complain of an arrest laid upon the said Ship at Tou­lon, and that they lay under that arrest for the space [Page 41]of 3 years, and 5 months, and that during that time, the owners could not make use of their Stock, and that the restitution being made after long persuits, they think themselves well grounded to demand satisfaction for all their expenses and damages.

For the arrest laid upon the Ship at Toulon, it is neither said when, nor by whom; so that we know not the meaning of it, or why any satisfaction for any damages sustained by any arrest at Toulon, should be demanded from England: And as for the da­mages and expenses sustained by the suit depend­ing here: If there was just cause of the seizure, then was there no cause of the giving them dama­ges or expenses; If there was no cause of the seizure, and the damage and expenses demanded at the time of the sentence, and not given they might have appealed, and have had remedy, but now it is too late.

The said Philip Vanhulten doth represent farther,Preten. Art. 23. that one of his Correspondents in Gibraltar, (having bought at a pub­lique sale 507 Bales of Galles) laded the same in the Ship called the Campien, Peter Johnson Veltmuys Master, and consign­ed them to the said Vanhulten at Amsterdam. That the Ma­ster being arriv'd, and about to unlade the said Galles accor­ding to his Bills of Lading, there came upon him one Law­rence Lowe, as being empowered from Sir Andrew Richaut, Go­vernour of the Levant Trade in England, who under a far setch'd and frivolous pretence, caused the said quantity of Galles to be seized: And for as much as fince, by a sentence of the Schepen of Amsterdam of the 7 of February, 1653. the same sei­zure was declared to be injurious, and the Acter thereof con­demned to restore the same, with the expences, damages and interest; and also that during the time of the said seizure, the price of Galles was much faln, they pretend to be In­dempnified.

To the 23.Ans. 23. Article, it is Answered; That if the Sebepen of Amsterdam discharged the arrest, and condemned the Arrestant in cost, damage, and in­terest, the same Court ought to have taxed it, and the Complaynant to prosecute the Execution there, while the person was upon the place; and may not seek satisfaction here: But the Judges knew very well, that those goods were part of the charges of two English Ships, the Reformation, and Free-trade, that were attaqued by a Holland Ship, the Mary under the Hollands Flag, and taken by a Spanish Commission, contrary to a security given by the owners of the said Ship of War, before her departure from Amsterdam; that she should not disturb nor preju­dice any English Subjects within one year from that time; so as it is likely, those Judges thought it kind­ness enough at that time, to let their fellow-burger remain in possession of what was pyratically taken, and not to punish the Arrestants farther, for de­manding what was their own: And this complaint of Vanhultens, will finde its decision in the ajust­ment of the general demand of the English, for the restitution of the whole lading of both Ships, which his Majesty's Envoy extraordinary is, and hath been ever since in persuit of.

The same Vanhulten, Preten. Art. 24. and his Associates, do further repre­sent, That although in the year 1655. the King of Spain be­ing then in hostility with England and France, issued out a se­vere Prohibition against the entrance of any Ships, or Goods from either of those Kingdomes, into any of the Ports what­soever of his Catholick Majesty; yet his said Majesty dispensing for a while to his Subjects the rigour of that Inhibition, was pleased to permit a Commerce with the French, suffering them to enter his Ports both with their Ships and Merchandizes: [Page 43]And that the said Vanhulten and his Associates, building upon that Permission, caused to be bought at Rouen, the same year, 69 Bales of Linnen, and laded them in the Ship call'd the Hare in the Field, (John Kin, Master) to carry them from Havredesrace, to Cadiz in Spain. That in June 1665. the said Ship pursuing her Voyage, was assaulted, taken, and carried to London, by a Squadron of English Ships, under pretence that she was a French Vessel.

That the said Vanhulten and his Associates, reclaiming their Goods, made it evidently appear that they did not belong to French-men, but were onely bought in France upon their ac­compt, and so charg'd, and addressed to Cadiz: which being prov'd to the High Court of Admiralty of England; the said Court being fully satisfied as to the matter of Fact, did by a sentence of the 23 of Febr. 1665. discharge the said Goods, as having been seized against all Right and Reason.

That immediately after the said sentence given, the said Merchandizes were again laden, and the said Ship resumed her course to Cadiz. But in the mean time, the Term of the said Permission or Dispensation being expired; the said Ship co­ming to Cadiz, was there seized and confiscated, with all her Lading, July the 30. 1665.

Now in regard that all these Disorders happened onely in consequence of this vexatious and perverse manner of pro­ceeding of the English; and from that Delay which was but an effect thereof, the time of freedome being so far spent du­ring this Dispute, that it was impossible to finish the Voyage before it was out; They have reason to demand to be In­dempnified.

To the second complaint of the said Vanhulten, Ans. 24. in the 24. Article; we find by the Acts of the Ad­miralty Court, the Ship, the Hare in the field, with all her Merchandizes (except those that were con­demned for lawful prize) were the same year re­stored, and that the owners of the said Ship could have no expenses, nor damages, she being taken with an enemies goods in her, which was just cause [Page 44]enough for the taking and seizing of her, and bring­ing her in.

Isaac Fawquier, Preten. Art. 25. and his Associates of Amsterdam, do say, that it is true, that one of their Ships named the Cavillia, (Antho­ny Balthensen, Master) did lade the 13 of January, 1658. in the Island of Sardinia, 2756 Salmes of Wheat to carry to Va­lentia, at the rate of 11 Ryals freight for each Salme; and that withal he had taken on board his Ship a Spanish Mar­quess, with a quantity of baggage, that he had promised to carry for 600 Ryals of 8. That the said Ship being arrived at Valentia, and busie in unlading her Wheat, there arrived in in the same road three English ships, commanded by Cap­tain John Stoakes, who took the said Ship, with part of the Wheat not yet unladen, and with the Goods and Baggage of the said Spanish Marquess, carried them to Marseilles, without al­lowing the Master any thing for his Freight; neither did the English Commander make him satisfaction for the retard­ment of his Voyage, nor for the Wages of his Seamen for that time.

To the 25.Ans. 25, 27. and 27. Articles, we Answer; That the Ships were taken by Capt. Stoaks, in the time of an open War between England and Spain; and that the complaynants do not say but their goods were contra banda, and good prize; and therefore it is conceived there could be no pretence to the Freight, for the Ships were likewise forfeited; and if they had them freed, it was of Grace, much more if any freight was paid them, and therefore they ought to give thanks, and not complain.

John Rombouts Merchant of Amsterdam, Preten. Art. 26. saith, that one of his Ships named the Golden Royal, of which Cornelius Isbrant­son Smit was Master, belonging to Flyland, was taken in Ja­nuary, 1661. near the Dogger Sand, by a Scotch Man of War, (the Capt. called Wutworth) and brought to Leith in Scotland [Page 45]and that the said Ship being reclaim'd by the Proprietors, who made great and seriours Endeavours with his Majesty the King of England, he was pleased to order the delivery of the said Ship in October next following: but immediately after the release of the said Ship, she being in disorder, the Master repaired and fitted her with Guns, Victuals, Artillery, Ammu­nition, and all other necessaries: And she being ready to sayl into Holland, his Majesty was pleased to revoke the Release he had made; whereupon the Magistrate of Edinburg made him­self again Master of the said Ship by force, and the advantage of the night, and turned out the Master and all the Seamen.

That the Proprietors having represented this to his Majesty, did in the end obtain a second discharge, in August 1662. the Master of the Ship hoping after this to enjoy the full effect of his Order, was forced to content Captain Wutworth, and to fit out the Ship again, after she had been the second time plundered.

To the 26. Article, it is Answered; Ans. 26. That we never heard of any Scotch Man of War, called Wutworth; but true it is, that his Majesty upon the first complaint, did write a peremptory Letter to the Lords of his Privy Council in Scotland, in these words.

Being informed that there are 2. Vessels belong­ing to the States of the United Provinces, the one named the Vogukay, and the other, the Goude Real; and a Busse taken some of our Subjects: Our will and pleasure is, that you command them to be forthwith restored unto the hands of James Davidson, or to the Masters of the same Ships who are now in Scotland, to require them: and withal, that express order be given, that none of our Sub­jects presume, upon whatsoever Pretext or Commis­sion, to take or molest any Ship or Boat belonging to the said States, under all highest pains. This [Page 46]Letter was dated the 21. of August, 1661.

There was another Letter written by his Majesty, 5 July, 1662. directed to the Earl of Middleton, then his Majesties Commissioner, making mention of his former Letter, and then adding;

But soon after, upon an humble Petition presen­ted to Us, and our Privy Council of England, by some pretending interest in the said Ships: We ap­pointed our Council to examine the Truth of what was alleadged, and to certifie the same to Ʋs; and in the mean time, to cause the said Ships, with all their materials, to be secured till our farther pleasure. And now, they having examined the whole business, and having reported the same to Ʋs, upon conside­ration of the whole matter: We do require you, that the said 2. Vessels, with all their materials, be fourth-with restored to James Davidson, or to the Masters of the said Ships, who do attend to receive them: Of which, expecting your performance, We bid you farewel.

That the Magistrate of Edinborough did any violence; or that the Master was constrained to content Capt. Wutworth after the Ship had been a second time plundered, was never complained of to his Majesty, and therefore is not like to be true. And seeing the King did so readily order restitu­tion, it seems a groundless complaint.

William Mumma, Preten. Art. 27. and his Associates, Merchants of Amster­dam, do say, that one of their ships named the Hercules, (David Wouters, Master) departing from St. Sebastians, anno 1657. to go to St. Lucar and Cadiz, was the 14 of August in the same year, taken and detained by the said Captain John Stoakes, who took out all the Merchandize laden upon her, [Page 47]without giving him any reasonable satisfaction for his Freight; See for the An­swer to this, pag. 44. onely that the said Commander paid him 1500 Ry­als of 8. and no more. The said Mumma and his Associates do pretend that they ought to be re-imbursed of their Ex­pences, Damages and Interests.

Albert Lemmerman of Amsterdam, says, that in Octob. 1655.Preten. Art. 28. one of the ships named the St. James, of the burthen of 300 Tuns, (Aaron Martin, Master) coming from Porto in Portu­gal, laden with Tobacco, Sugars, Shumack, and Elephants Teeth, having sprung a Leak at Sea by foul weather, and being there­by made incapable of prosecuting her Voyage; the said Ma­ster of the Ship (to avoid a further danger) ran ashore upon the Coast of Arundel; and being there busie in unlading the Ship of some of her choicest Goods, an Officer came to him, and commanded him presently to leave his Ship, not permit­ting him to carry any thing away with him. That the said Master and Mariners being thus constrained to leave the said Ship and Goods, there fell upon them presently a great num­ber of the Country people, who by the order, or at least with the consent of the Officer, pillaged the Ship, carried away all the Merchandizes, and took away the Cordage, Rigging, and all to the very bolts and nails, leaving the very hulk of the Ship worth nothing. And though the said Master made his complaint of this barbarous proceeding, and in persuit of the business spent a great deal of his time and money; and though the Ministers of State and the Admiralty of England were fully convinced of the reason of his complaint; yet so it is, that the said Lemmerman could never obtain the least sa­tisfaction, either by way of Justice or otherwise, but was con­tinually put off with delays and excuses.

As to the 28. Article, it is Answered; Ans. 28. That it may be very well so; and the parties may escape with so foul an Act, unless a complaint had been made against some particular persons of them by name, that they might have been proceeded a­gainst, and prosecuted according to the Law of the [Page 48] Admiralty, which hath certain Rules to proceed by against such Offendors; yet we do find in the Court of Admiralty, a complaint entered; upon which a commission of Inquiry, issued forth for discovery of such persons as had done such violence, but can find no return thereof, so that it seemeth no such discovery could be made.

Peter Pouilly, Preten. Art. 29. Jerome Boshe, the Widow of Heertgen Johnson, the Heirs of Daniel Johnson, Merchants of Amsterdam, do all say, that it is very true, that one of their Ships named the St. Nicholas, (of which Baron Claessen Spierdyck was Master) co­ming in January 1657. from the Isle of St. Vincent, was taken by an English Fregat call'd the Mackdethem, and was delivered to Admiral Blake: That the same Ship being carried to Lis­bon, was there unladen of all her Merchandize, part whereof was sent to London, and the rest sold with the Ship it self at Lisbon. The same Ship and goods being reclaimed by the said Merchants in the month of December in the same year, 1657. after long and painful pursuits, the said Goods were declared free and exempt from all confiscation, by two successive sentences of the High Court of Admiralty of England, the one of the 17 of January, and the other on the 20 of Octo­ber, 1659. That there being made in England, an exact ac­compt of the proceeding upon the sale of the said Ship and Goods, it was found to amount to the sum of 11407 l. 3. s. 9d. sterling: (making 120 m. Florens) And forasmuch as the said Merchants could never enjoy the effects of the said sentence, nor obtain any satisfaction; They pretend that they may de­mand the same summe, by vertue of the said sentence; with the Expenses, Damages, and Interests.

To the complaint of Peter Ravilli, Ans. 29. and others, set forth in the 29. Article, it may receive the same Answer as is made to the complaint of the said Vanhulten, upon the 21 Article.

Lawrence Kettles, Merchant of Amsterdam, saith,Pretense. Art. 30. That in May 1659. his Ship named the King David, (Oche Alberts of [...]inlopen, Master) laden with Salt at St. Ʋvall, and bound for Dronton in Norway, was taken and carried to Dunkirk, by Captain Lonis de Hay

To the 30. Article, We answer,Answ. 30. that the Captain was neither an English Subject, nor had any English Commission, and therefore the English cannot be re­sponsible for his action.

William Johnson Brunan saith,Pretense. Art. 31. That in the Moneth of Aprill, 1659. his Ship named the Black Raven (James John­son Vanderschelling, Master) coming from Rochel laden with Salt was taken in the Channel by an English man of Warr, called John Jaquerson hill. That the said ship being brought to Dunkirk the Governour released her by order of His Majesty, but she was afterward seized by Order of the Admiralty of England; so that the Master was constrain­ed after the pursuit of one Moneth, to redeem his Ship with the summ of 3333 Livres 17 Solz.

As to the 31. Article, Answ. 31. It is answered that the Ma­ster of the Ship knew his Ship, or some of her Lading, to be subject or liable, in some respect, to Confiscati­on, that he voluntarily would so redeem her; and for such voluntary act, no satisfaction can be required.

John Vanderhell and his Associates, of Amsterdam, Pretense. Art. 32. say that it is very true, that in the year 1659. the Ship named the Salamander (Albert Jaquerson, Master) coming from Mala­ga to go to Amsterdam, was attaqued, taken and brought to Toulon in France, by an English man of Warr. That the Master and the Interessed having upon their complaint ob­tained a Release, which was adjudged afterwards, That before she should be absolutely discharged, the Interessed should furnish the summ of [...] who [Page 50]to get clear of the business, and to deliver themselves from this vexation, were necessitated to pay the said summ for Redemption and Runsome thereof. That the recovery of the money having been made by that Rule upon the Goods; and the Interessed having paid it at Toulon, could not yet obtain the effect of that Release, but were disap­pointed of the Money, as also of the Ship and Goods.

To the 32.Answ. 32. Article, We say that seeing the Captain complained of, hath no name, nor the ransome preten­ded to be paid for him, any summ, it may as well be a Barretry of the Master of the Salamander, as an act of an Englishman: but whosoever he was that took him, and whatsoever he had for composition, un­doubtedly the owner of the Salamander knew he could justifie the capture, or they would not have compounded with him in the Ports of the French King, their good Allie, where they might have had justice against a Pyrate.

Benjamin Lanson, Pretense. Art. 33. the son of Julien Lanson deceased, re­presents that in the year 1655, certain Parliament ships took away out of the ship called the Medea (Horman Sue­rinse, Master) these goods following, 92 Pipes of Oyl, 283. Chests of Soap; 8. Bales of Cotten; 102. Barrels of Sul­phur; 14 Bales of Galls. All which belonged to the said Julien Lanson; and that the said goods were placed in manner of Sequestration in the hands of John Sparrow, Ri­chard Hill, Richard Blackwell, Samuel Wilson, Humphrey Blake, and Robert Turpin; being all Commissioners established by the Admiralty for Prize good.

That the 23. of December 1657. the very Admiralty it self ordered the said Commissioners to make restitution of the said goods, or of the monies raised thereupon, to the said Julien Lanson; But that notwithstanding a constant soli­citation of three years continuance for a dispatch, the said Commissioners would not yet be perswaded to comply with the said sentence.

That in the year 1660. the said Commissioners were the second time formally condemned to the said restitution; there being likewise adjudged to the said Lanson upon his accompt then produced, the summ of 3385 pounds 2 shil­lings and 10 pence, sterl. or 36000 Florens.

Now in regard that the said Julien could never receive the benefit either of the one or the other sentence, he de­mands it now with charges, damages, and interest.

To the 33. Article we answer,Answer 33. That the neat pro­ceed of the goods therein mentioned, amounted to no more then 1841 pounds, and that they themselves at last, left the dispute undetermined: so that if they did not receive the fruit they expected from the said Decree, they may blame themselves for not making a more effectual prosecution.

William Belin de la Garde, Merchant of Amsterdam, Pretense. Artic. 34. saith that in the Moneth of May, 1655. some ships of the Parlia­ment of England did carry to London a ship named the Hare in the Field (John Kin, Master:) and though by sentence of the High Court of Admiralty, it was declared, that three parts of the Goods should be discharged; to wit, 7 Bales of Linnen, 1 Bale of Yellow Linnen, 4 Cask of Mercery ware; all belonging to the said De la Garde: See for the Answer to this Pre­tense, pa. 53. And though in pur­suance of the said sentence, most of the said Goods were restored to him, yet so it is, that a great part of those Goods were quite spoyled, and the rest so perished and damnified, that they lost much of their just value.

The same person complains again, 35 that one of his ships called the Cross of Jerusalem (Peter Johnson Master, Native of Purmerent) being set upon and taken by a Vessel of the Parliament of England, was in June 1655. carried to Ply­mouth, and in August following, to London. That the said La Guarde having represented (by certain persons whom he authorized) the injury and violence that had been [Page 52]done to the said ship; and having demanded the release thereof, the Court of Admiralty finding themselves con­vinced by the force of Reason and Truth, did agree to re­lease her by a sentence of the 18. of June 1656. and did Ordain that the said ship should be restored to the said De la Garde, together with the freight of the goods that were laden on her, according to the Bills of Lading that were produced. And forasmuch as the said De la Garde could not enjoy the effect of the said sentence, but onely in part: And that during the time of three Moneths, while they said ship lay seized, he could not onely make no pro­fit, but was likewise obliged to pay the Seamens wages, and to entertain them with Victuals, undergoing a great expence before he could obtain the sentence; for which he demands to be indemnified. The said De la Garde be­ing interessed not onely in the ship and freight, but also in two Parcels the one of 65, and the other of 3 Bales of Linnen of Roan, did in fine obtain that they might be also com­prehended in the said Restitution adjudged him by two se­veral sentences, the one of the 25 of February, and the other of the 4. of July 1656. And forasmuch as all the said Merchandizes were not delivered to the said De la Garde, nor to his Assurers, to whose use he had made over the pro­fit of the same: And also that by the long seizure, and o­ther mischances that happened thereupon, their value was diminished by one quarter: Whereas on the contrary, if the said English ship had not done them this Injury there had been got at least 30. per cent. so that the said Complainant doth believe that he may demand to be Indemnified.

The same De la Garde doth complain that one of his ships called the Golden Fortune (Francis Johnson of Amster­dam, Pretense. Art. 36. Master) was taken in July 1655. and carried to Poully by Captain Green, being then in Commission and under Oath to the State of England; and forasmuch as the said De la Garde did make it evidently to appear, that when the said ship was taken and reclaimed, the propriety was solely in himself: and that the said Captain had extream­ly abused his Commission, by vertue of which he could not [Page 53] Arm himself but against the Subjects of the King of France. The said High Court of Admiralty by their sentence of the 28. of July 1655. did not onely decree a full release of the said ship, but did also order, That the said Henry Green and all others, should restore the said ship with her apper­tinences, without any reserve; and also to pay to the Owners the freight which the Master of the said ship was to have had for the carriage of the said Goods that were found aboard her, and taken by the said Henry Green. And though according to the said sentence, the said restitution ought to have been effective, and the payment made; yet so it is, that the said freight was not paid, nor the ship restored until they had taken away, and pillaged more of what did belong to her.

The same person doth further complain,Pretense. Art. 37. That in Au­gust 1655. one of his ships named the St. James (Peter John­son of Amsterdam, Master) returning from the Maderas to­ward Amsterdam, was assaulted, taken, and carried to Dover, by an English Captain (Edward Goodwin by vertue of a Commission from England. That the High Court of Admiralty, being duly informed of the injustice of the Prize, did give release to the said ship, and by a sentence of the 28. of November, 1655. ordered the said Edward Goodwin to make speedy and full restitution, which was not done; and the said De la Garde did not enjoy the ef­fect of the said sentence, but onely in part; the restitution having been made by little and little, in four Moneths time, and therefore he demands his damages.

To the 34, 35, 36, and 37. Articles, Answ. to 34, 35, 36. & 37. Art. The com­plaints therein contained, are to be answered as to the complaints of Van Hulten, set forth in the 21 Article; viz. that there is no complaint entered in the Admi­ralty that can be found; whereas not onely complaint, ought to have been made, but likewise proof of the Truth of such complaint, which being not done, there [Page 54]can be no cause of Complaint now made of the want of Justice, himself not prosecuting any farther to have the said Sentence put in due Execution. Nor can they make any Demand here, in regard the ship was taken in the time when there was Hostility between France, and Cromwell, and the said L'Guard being a French-man.

Godfrey Wassemburgh dwelling at Amsterdam, Pretense. Art. 38. complains that an English ship, commanded by Captain Christopher Mennys, did in the Year, 1658. near the Barbadoes take the ship called the Charity, which he carried with her lading to Jamaica, where he caused the said Goods by Order of the Admiralty of England residing in that Island, to be dischar­ged, and amongst the rest, two Cases of fine Linnen, belong­ing to the said Wassemburgh. And further, that since Oliver Cromwell, who took upon him at that time the Stile of Pro­tectour of England, knowing that the said ship, the Charity was an English Vessel set out by English Merchants, some li­ving at London, and others in this Country, to whom the Trade of Barbadees was not forbidden, did declare, that the said ship and goods in her were free, so that a good part of the said Merchandizes was restord to the owners, Never­theless, the said Wassemburgh could never obtain restitution of those two Cases of fine Linnen.

To the 38. Article; Answ 38. We Answer, That it is true, that Captain Mennys did take such a ship which was af­terwards restored entire, as it was brought in, save only what might be plundered by the Seamen: (which no care can prevent) but by the Act of Navigation; the whole ship and goods ought to have been Confiscated, but the Intention of the Law was deluded by some En­glish Men, pretending a Propriety in the goods, who never since made any demand of the goods menti­oned in this Article.

John Van Wickford, and his Associates, Pretense. Art. 39. do complain, that one of their (ships called Campen was attacqued, taken, and carried to Jamaica by Three English Fregats, and that the said ship was since released after it was known that it was not laden with any goods of Contrabanda: But in the mean while there was taken out of her a Quantity of goods, and by reason of this stop, the ship could not accomplish her Voyage, for which they demand Satisfaction.

To this 39. Article, Answ. 39. we Answer as to the Preceding Complaint.

William Van Meekerel and his Associates, Pretense. Art. 40. Proprietours of the ship called the Peace, and of her Cargazon, do complain that on the 26 of Feb. 1655. the said ship having taken in some Slaves upon the Coast of Guyne, and that she had put them off for Sugars at the Barbadoes, where she had also tra­ded for Elephants Teeth, and other Merchandize, was attac­qued upon the open Seas, and carried to the Barbadoes by a Parliament Vessel of England, of the Squadron of Admiral Penn. And although the Interressed made their Complaint, and re­presented the Injuries and Wrongs that had been done them unto Cromwell; which Complaints were from time to time seconded by the continual Instances of the Embassadours by Order from the States, yet so it is, that they could never ob­tain any satisfaction, neither for ship nor goods, for which they now demand it.

To the 40. Article, we Answer, That the said ship,Answ. 40. the Peace, was taken as trading contrary to the Act for Navigation, and according to the practise of the Holland West India Company; who constantly give Letters of Mart to all their ships, to take Vessels that trade to any of their Plantations.

Abraham, and John Clawsen Ritsert, Merchants, Pretense. Art. 41. dwelling at Rotterdam, do represent, that the ships, Red Lion, and Gol­den [Page 56]Port, upon each of which they had Ensured 2000 Flo­rens departing from Bourdeaux in May 1661. and arriving at New found Land, the 14. of June following, were there ta­ken by an English ship of War, called the Jersey; Richard Hacks Captain, who pillaged her, and took away her best, and most Valuable Goods and sent her afterward to Ports­mouth And though upon the 5. of October following, the same ship and Goods were declared free; this yet not­withstanding, the Restitution was not made but in part, the Goods that were taken away remaining in the hands of those that took them. Now forasmuch as in the Quality of being Ensured, they were condemned the 30. of April 1661. by two several sentences of the Commissioners for Sea Affairs, and Assurance of Rotterdam, to re-imburse, and indemnifie the interessed in proportion to what they signed, for the loss that they have suffered upon the said Merchandizes: And that the said loss hath been since valued by Arbitratours, upon the ship, the Red Lion, at 44. and the ship, the Golden Port, at 38. per Cent. They demand Satisfaction.

To the 41. Article, Answ. 41. We say that the ship was taken trading contrary to the Act of Navigation, and there­fore Legally Confiscate; and if any thing was restored; it was of Grace, and though the Interessed might have recourse upon their Assurers, who were obliged to Indemnifie the Assured against all kind of Losses, yet the Insurers had no colour of pretence against the En­glish.

Paul Timmers, Pretense. Art. 42. and his Associates dwelling at Rotterdam, do say, that one of their ships, named the Stroy Yoncker (Jum Alberts Master) coming for Bourdeaux laden with Wines, and Aquavitae, was in the month of July, 1661. attacqued, and taken near the Maaz, and carried to Dover by an English Captain, named John Penny; and though it were easie to make it appear Evidently that the said ship and goods were taken from the Owners, without Justice and Reason; so that [Page 57]they ought to have promised Restitution without delay, es­pecially such earnest and pressing Instances being made for the same: And that the Injustice of this Action was suffici­ently represented to the High Court of Admiralty, who ought to have taken Cognizance of it; Nevertheless, the said Interessed, after they had taken much pains, and been at much expence, were obliged to Compound with the said Captain Penny, upon very unjust Conditions, and to give him 200 l. sterling, though the Wine were in part spoiled, and that the rest had lost the half of its value, after so long a time.

To the 42. Article, We say,Answ. 42. That if the Complaynant had not the patience to attend the due proceedings of the Admiralty, for a decision of his pretended right, but Anti­cipated it by a voluntary composition, with the Captain; It must necessarily be concluded that he was conscious of his guilt, and therefore durst not stand the Tryal.

Simon Tunemans, Pretense. Artic. 43. and his Associates, dwelling at Rotter­dam, do Complain, that having in July, 1662. sent one of their ships named the Swan, to the fishing of Whales in Green-Land, was hindred from the beginning of his fishing, See 58. for this Answ. and so evilly entreated by an English Man of War that took all his Shallopps, Cordage, and Nets, Oares, and Sails, and all his ne­cessary Instruments; that finding himself no longer able to continue his fishing, he was constrained to retire, and return to Rotterdam, for which he demands Indempnity.

The same doth further represent,Pretense. Art. 44. that another of his ships named the Collier, (Gerard Cornelisen Master) com­ing from Bourdeaux, was taken by an English Man of War, and carried to Portsmouth; See 59. for this Answ. and he alledgeth, that the da­mage he received in that Encounter ought to be made good to him, cum omni causâ & accessione.

Henry Van Leith, and his Associates, Pretense. Art. 45. dwelling at Dort. doe [Page 58]represent that in the year, 1661. one of their ships, called the Prince William, (John Werbeck Master) being at Anchor at the entrance of the Harbour at Plymouth, under the Canon of the Castle, was attacqued by the Burgesses, and Inhabi­tants of that place, who took from him his Sails, Cables, Cor­dage, and other necessaries. That the said Burgesses not daring to bring the said ship into any Harbour, because they knew there was none could approve of the Pyracy; extorted from the Master of the ship, by way of Ransom the summ of 26l. 10. shil. sterling.

To the 43,Answer to 43, 44, 45. 44, 45. Articles, we can give no An­swer, untill the Persons complained of, be Named, and the Circumstances more Explained.

The said Henry Van Leith, Pretense. Arti 46. and his Associates say yet fur­ther, that on the 2. of June following, the same ship being Arriv'd before the same Harbour of Plymouth was again At­taqued by a Captain, named Stephen Evers, apparently at the Instigation of the said Burgers; who took him and car­ried him into Ireland, and though they made the most Active Instances, and all possible endeavours for it, yet so it is, that they could not obtain the Restitution of the ship or Merchandizes, nor the value of the one, or of the other.

To the 46. Article, Answ. 46. That Stephen Evers was no En­glish Man, nor had any English Commission, and there­fore we cannot Answer for Him.

The Proprietours of the ship named the steeple of Dort, Pretense. Arti. 47. as also Jacob Vandergraff, Isaac Biesheuvel, and their Associates, as Freightours, and Proprietours of the goods, do say, that the said ship being sunk at Harwich, the Burgers of the Town, and the Souldiers of the Garrison of the Castle, instead of succouring and comforting the Master of the said ship in his misfortune, as they were obliged, did cut his Sails and Cordage, and put him quite out of condition to set sail; and [Page 59]after this, they pillag'd his ship, and took away the goods that were laden upon her; so that the Interessed could not recover any thing, neither in part, nor in whole, notwith­standing all the endeavours they used; so that it cannot be denyed but that they ought to be Indemnified, with Costs, and Interests.

To the 47. Article, That no time is mentioned, Answ. 47. nor persons named that are complained of; nor is it alleadg­ed, that any Appeal was made for Justice.

John Pychen, Theodore Van herweere, and their Associates, Pretense. Arti. 48. all Merchants, dwelling at Dort, do say, that one of their ships called the Prince, whereof (Laurence Davids Captain) who was taken near the Caribes, by five English ships, and brought to the Barbadoes, under pretence that the said Lau­rence Davids might discover the design the English had to surprize the Island of Jamaica. And forasmuch as by rea­son thereof, the said ship could not finish her Voyage, they thereby lost the profit which they did infallibly believe to make, as well upon the Cargason, as upon the Return; and on the contrary, by that hinderance, they suffered great Losses, and pretend to be Indemnified.

To the 48. Article, It is Answered,Answ. 48. That the Com­plainant doth not affirm that ever he made any de­mand of Satisfaction; nor have we any Evidence that he received any Injury, and therefore we think the Ar­ticle to be frivolous, and out of time.

Albert Arentsen, Merchant, Pretense. Arti. 49. dwelling at the Brill complains that about the middle of Sep 1659, a bark of his serving for the fishing of Herrings did meet between the Maaz, and the Sea, an English ship, commanded by one Captain Hamil­ton, who in a frolick, without any offence in any manner offered him, Boarded him, took him, and carried him to Yar­mouth.

To the 49.51,Answer 49. 52, 53, 54, 56, 61, 62, 63, 64, 68, 70, 71, 72. We Affirm the several Actions therein mentioned, were not done by English Com­missions; and if they were done by any Foraign Com­missions, Portugal, Swedes, or any Other; we are no more responsible for them, then the Hollanders would be for those Hundred Ships and their Charges that were taken by Hollands Ships, and Persons, from the English, by Spanish Commissions, in the time of the late Warr be­tween the King of Spain, and Cromwell.

Leonard Licoghton, Pretense. Art. 50. and John Ham, Merchants, dwelling at Enchuysen, do complain that in August. 1660. an English Captain, (called George Wotworth) did seize at Haymouth near Berwick, and carried away, two ships for Herring fishing be­longing to them. The One, the Prince of Aurange (Femme Claessen Master) and the Other, the Three Golden Herrings, Commanded by the Master-Mate, Peter Johnson, which were unladen, and their Cargason sent to London, where it was sold; It is true, that after great instance and long so­licitation, the Commander of Haymouth, did release the said ships, and referred them to Captain Bronsert, of Mune­kedam, but they never got the rest, nor satisfaction for the Herrings, Netts, Cordage, Anchors, Victualls, and other ne­cessaries of the ships which were utterly lost; as also a 9th part of the said ships, which was condemned by the High-Court of Admiralty of the North-Holland, as an acknowledge­ment, and that without prejudice to the Charge which the said Captains have been at to bring home the ships into their Country.

To the 50. Article, Answ. 50. We never heard of the Two Ships therein named, and less of the Men, called Com­missioners of Haymouth, who are said to have released them. Haymouth being a very small Village, consist­ing of a Dozen or Sixteen Fisher-Mens Hovells.

Leonard Licoghton, and John Ham, do represent further,Pretense. Arti. 51. that in the Year 1659. one of their ships, namely the Forest, (Herman Janssen of Enchuysen, Master) was attacqued, ta­ken,See for the Answer to these Pre­tenses, pa. 60. carried away, and sold, at Yarmouth, by an English Man of War and that the ship was likewise sold with her Herrings, Salt, Caske, and other necessary Instruments for fishing, to one George England Alderman of Yarmouth, in­teressed in the said Man of War.

The same person saith further,Pretense. Arti. 52. that in the year 1660. the same Man of War, (Wotworth) took one of his Barques at the Herring-fishing, named the Faith, (Cornelius Barentson Kelocker Master) and carried it to Montross in Scotland.

Peter Peterson, (Masters Mate) dwelling at Enchuysen, Pretense. Arti. 53. complains that in the Year 1659 he was taken with his ship named the Green Tree, fishing for Herrings, laden with seven Last and a half of Herrings, by an English ship, of which the Captain was called Cooler, who carried him to Ely.

Roemer Cant, Burgomaster, and Cornelius Mossel, Schepen of Enchuysen, Pretense. Arti. 54. do represent, that in September 1655. a Man of Warr that went from Dunkirk, and was mann'd from Thence, took Two of their ships upon the Sea, fishing for Herrings, the One named the St. Peter, of which (Reyn Engëlse of Egmont was Master.) And the Other named the Turtle, (of which Cor­nelius Janssen was Master;) which Two ships were carried to Dunkirk; That they have made very many pressing In­stances for release of the said Two ships, but could obtaine nothing, onely it was permitted them to make an Agree­ment; so that the said Interessed to obtain their release, were constrained to pay the summ of 5277. Livres, 3. Solz, of which they demand Restitution, with Indempnity, for the rest of their ships.

Cornelus Olphersen, dwelling at Enchuysen, Pretense. Art. 55. Complains that in the Year, 1655. a ship of his named the Arms of [Page 62]Nimmegen, of which Richard Trexe of Enchuysen was Master, coming from Roüen laden with French Goods, was taken in the Channel, by an English Captain (one Green.) That the Goods were declared Prize, but with express condition that the freight should be paid to the Master of the ship: And though in pursuance thereof, he ought to have received the said freight, and to be put into the condition he was in before he was taken, as to his Cordage, Anchors, Sails, Cables, and other necessaries of his ship, which the said Cap­tain and his men had taken from him; yet so it is, that after a great deal of pains and solicitation, and expence, he never recovered more then 2000 Florens.

To the 55. Article, Answ. 55. We say that the Complaynant had his freight adjudged him; and if it were not fully paid him, why did he accept of less, without appealing to the Court, who would have seen their own sen­tence fully executed?

Gerard Seager, Pretense Art. 56. Burgomaster of Enchuysen and his Asso­ciates, Owners of, and interessed in the ship called the Fortune, do say, That the said ship departing from the Texel on the 16 of December, See this Answ p. 60. 1659. was about two days after met at Sea, and fallen foul upon by two other ships near the Isle of Wight; so that being very Leaky and unfit to pursue her Voyage, she was constrained to put into the first Harbour; and for avoiding present danger, took her Course for Weymouth in Portland, where being arrived in the Road, she cast Anchor, with intent to send out one to ask leave of the Governour before she entred the Port. Whereupon the 20. of December, in the morning, three English Vessels came directly to her; One of which was Commanded by Cap­tain Peter Morell, who without having received any of­fence, took her, pillaged her, and brought her to Dun­kirk: where the Associates of the said Captain plundred her of all that was left, as Victuals, Cordage, &c.

Symon Semeynsse, Pretense. Art. 57. Burgomaster of the said Town of En­chuysen, and his Assiciates say that in September 1659. a ship of theirs serving in the Herring fishing, called the Aa­ron, (John Arentsen, Master) coming from the Fishery, la­den with about 44 Tun of Salt Herrings, and 10 Tun of Fresh Herrings, was attacqued and taken at Sea, and car­ried to Yarmouth by an English man of War, called Alexan­der Simmons. That the same Man of War having taken out of the said ship all the said Herrings, both fresh and salt; as also all the Sails and Cordage; after he had kept the said Master in Arrest 7 Moneths, so that he was utterly ruined; he constrained him to come to a Composition, and to oblige himself by the interposition on of one John Gardi­ner to pay him the summ of 21 7 Florens, 2 Solz.

To the 57. Article, Answ. 57. The Complainant confesseth he compounded with the Captain, and voluntarily agreed by the interposition of his own friend, and therefore can have no cause for complaint of Injustice done him.

Heerge Peters Molenear, and his Associates, Pretense. Art. 58. dwelling at Enchuysen, do say, that one of their ships called the Corn­mill, of which Peter Cornelissen was Commander being arri­ved in Greenland, See this Answ. p. 65. was discovered the 6 of July 1662. far enough to the North from the remotest point of any part of the Coast, and 24 Leagues at least from the Bay Disco, by an English Fregat named the Mary, of which John Clarke was Captain. That the said Captain obliged the said Commander to come aboard him, where he kept him Prisoner 3 days and nights, without any reason, and not­withstanding all the instances, intreaties, and desires, of the said Commander.

That after this the said Captain carried the said Com­mander in his ship toward the Bay, where the English Ad­miral lay, and would not dismiss him until he had taken [Page 64]from him by force 4 Shallops, 12 Fishing Lines, 20 Nets, 8. Harpons, 4 Shallop sails, and all the Oars, and other ne­cessaries for the whole Whale fishing, which cast him into such disorder, that in the most proper season of the Fish­ing he was constrained to abandon it, and return home.

Cornelius Peterson, Pretense. Art. 59. Lowen, and Peter Adrianson Van Ley, dwelling at Purmerent, do represent that one of their ships, named the Wooden Fort, on the 2 of August 1662. being fishing for Whales about 5 or 6 Leagues from the Coast toward the Bay of Belsont, and having the day before taken a Whale 16 Leagues from Land, was attacqued by 2 English Vessels of which one was a Fregat commanded by Captain John Clark and the other a Pinnace, of which John Piper was Captain, and after they had committed several out­rages upon him, he was carried by them into the Bay of Belsont to the English Admiral, John Mandrey; and though the said Admiral could not pretend any right to the Whale that had been taken; and confessed he had nothing to pretend to it, if it were taken 14 or 15 Leagues from the Coast; and notwithstanding all the Mariners of the ship the Wooden Fort, did declare that it was taken at that di­stance, yet the said Admiral did not onely take the said Whale, but also the Finns of another; 2 Shallops, 12 Lines, 24 Oars, 24 Nets, 4 Harpons, and many other Instruments necessary both for Fishing and Navigation; so that the said ship finding her self by that means disabled to continue her fishery, the Interessed have reason to demand reparation for their damages.

Jacob Jeunissen Winding and his Associates, Pretense. Arti. 60. do say, That on the 3 of August 1662. one of their ships named the Prince William, of which William Jacobson was Commander, being fishing for Whales in Greenland, the said ship was dri­ven by a small Wind near to Belsont, within 5 or 6 Leagues of the Coast; and there met Captain John Clark in Com­pany with another fair English ship, well mounted.

That the said John Clark did first make a shot over him, and then Another directly At him, and so forced the Com­mander to come aboard him. And while the said Comman­der was aboard the said Fregat, with some of his Seamen, the men of the Fregat entred the ship Prince William, and took out of her by force, as follows, 2 Shallops, 18 Lines, 23 Nets, 10 Harpons, 10 Foregangers, 20 Oars, 2 Sails, 4 Hatchets, 1 slitting Knife, and other Instruments; and moreover, the Captain extorted from him for his two shot which he had made, 20 Florens in money, 4 Cheeses, 2 Bar­rels of Brandy, and a bag of Grout; so the said Commander being by reason of this pillage, put out of all condition to continue his fishing, was constrained to return home.

John Claessen, Merchant and his Associates, dwelling in the Ryp, do complain, That one of their ships named the Fisher, of which John Arissen Brack was Commander, being in June 1662. arrived in Greenland to fish for Whales, had there the ill luck to receive such damage and disorder by the Ice, that to stop his Leaks, and caulk his ship, he was con­strained to draw near the Coast; and in pursuit thereof, the said Commander the 26 of the said Moneth, entred with his ship into the said Harbour, called Green-Hauberg, in Spits-Bergen, and caused his ship to be there Carined, to stop her Leaks; where the said ship being thus repaired, and ready to return to the fishing, the said Captain John Clark came directly upon him, and took from him 4 Shal­lops, 9 Lines, 15 Nets, 24 Oars, some Sails, and Masts, a great quantity of Hatchets, and all sorts of Knives and Ʋ ­tensils necessary for fishing; so that by this means the said Commander found himself disabled to continue the fishing.

To the 58, 59, and 60. Article, It is answered;Answer to 58, 59, 60.

That the Country of Greenland was discovered by the English in the raign of Queen Elizabeth; about the beginning of King James his raign, the Kings Stan­dard [Page 66]was set up, and the dominion thereof assumed to be in His Majesty, by the name of King James his New-Land: in pursuance whereof, his said Majesty did by several Acts of State, assert his right thereunto; and particularly the 10. of January 1613. his plea­sure was signified unto Sr. Noel Caroon Knight, Am­bassadour for the States of the United Provinces, as followeth; viz. That the said Country of Greenland, together with the fishing of Whales upon that Coast, and all other Commodities arising from thence, do pro­perly belong to his Majesty, Jure Dominii, His Sub­jects having been the first discoverers thereof, as was made manifest unto the Lords of his Majesties Privy Council; and possession taken in the name, and on the behalf of his Majesty, by erecting his Highnesses Stan­dard on that place, and therefore that without leave first obtained from his Majesty, or from those to whom his Highness had granted the sole use and pos­session thereof, it is not lawful for any other of his Majesties Subjects (much less for Strangers) to fish or abide there: And whosoever should presume to at­tempt any such thing, (as it appeared the Hollanders had done) especially being forewarned as they had been the year before) if thereupon any prejudice or loss did happen unto them, either in their persons, or goods, by being forc'd to depart, or having their Commodities taken from them, they cannot justly complain of any wrong, for they came thither upon their own perils.

And in purfuance of their Right, his Then Majesty and King Charles the First, of blessed Memory, and their Subjects, by their Authority, having constantly as­serted and maintained the fishing in Bell Sound, Green [Page 67]Harbour, and the Harbours and places adjacent, against all Nations which have intruded, and in particular, in the year 1618. in the defence and exercise of this Right, therein the English sustained great damages, to the value of 66436 pounds 15 shillings, by the Hollan­ders and Zealanders; the doing whereof was disown­ed by the States, as a depredation, and satisfaction trea­ted upon by Commissioners; who not agreeing, it was referred to his Majesty, who awarded 22000 pounds to the English Merchants, but no part thereof was ever paid: And as a farther testimony of their Right by Occupancy, the English are the onely persons that ever did Winter there.

That the Dutch and Netherlanders, to render this Right as ineffectual as they could, have oftentimes of late years ridden with their ships before the said Harbours, to disturb the fishing of the English, by sca­ring and diverting the Whales from coming in: To prevent which, the English have to their great trouble and damage, been compelled to leave their fishing in the Harbours, and come forth to warn them away, both by fair means, and by force; which warning the Dutch have ever used to receive, and to submit to the English right by their departure accordingly; but no damage was ever heretofore pretended for the same.

Nevertheless, in the Year 1660, and 1661. the Subjects of the United Netherlands growing more nu­merous and insolent upon that Coast, complaint thereof being made to his Royal Highness the Duke of York, Lord High Admiral of England, his said Highness was pleased in the Year 1662. to send Captain John Clark [Page 68]with one of his Majesties Vessels called the Little Ma­ry, to protect the fishing; who in order thereunto, did warn the Dutch off from that Coast, where the English used to fish, and have right of fishing.

As to the particulars mentioned; We answer, that Captain Clark, and the others named therein, being Mariners and abroad upon their several employments, full answer cannot be given thereunto; but certain it is, that no claim hath hitherto been made by any person whatsoever in any of his Majesties Courts of justice, nor demand elsewhere; which gives just oc­casion to conclude that all those complaints are groundless.

All that we can hear of is, That two ships of the Hol­landers, riding in one of the English Harbours, called Fair Fore-land, alias, Sir Thomas Smiths Bay, contrary to order before given by the aforesaid Cap. Clark, were by him forced to depart: from whom he took only 5 Shallops, with some other fishing instruments, whereby to disable them from farther disturbance of fishing in the English Harbours, which could not be much damage unto them, the season for fishing at Sea (which was their design) being then past.

For the ship called the Wooden Fort, from which it is said there was a Whale taken, it is affirmed, that she was riding within two Leagues of Bell point, in the mouth of the Harbour, which is a place proper to do mischief to the English in scaring and diverting the Whales, but not fit to fish in, and the said Captain Clark coming on board, and finding a Whale newly killed, caused the said Whale, as also 2 Shallops to [Page 69]be taken from him; being there in contempt of his Majesties Authority after warning given, and in con­tempt of his Highness Commission: But the said ship had in her Hold to the quantity of 5 or 6 Whales in Bubber, and Einns, which he did not meddle withall, conceiving them to have been taken at Sea.

As to the fourth ship, for the reasons aforesaid, no particular accompt can be given thereof; but by all that is alleaged, it appears that Captain Clark onely took from her such Utensils, as might disable them from fishing in or before the Harbour, to the disturbance of the English; which His Majesties Subjects hold themselves bound to defend, so long as his Majesty shall please to assert his inte­rest, and right of fishing.

William Johnson Kreigt, dwelling at Graft, saith,Pretense. Art. 61. That one of his ships fishing for Herrings; named the Charity, (Martin Geritzen Masters Mate) returning from fishing, la­den with 21 Last of Herrings;See for the Answer to the 61, 62, 63, & 64. in pag. 60. and having withal 120 Livres in money, which he had received for a Last of Herrings that he had sold, was upon the 13. of September 1661. attacqued about 8 Leagues from the Texel, and taken by one Captain Sadlington, and carried to Colche­ster; where being arrived, the said Masters Mate saw his ship unladen, and was afterwards constrained to carry her to Wesnoo, where he was forced to aban­don all.

Nicholas-Corssen of Adrichen, Pretense. Art. 62. Burgomaster of the Town of Vlaerding, complains that one of his ships named the Crescent; of which Henry Bastiaens was Masters Mate, be­ing [Page 70]laden with 14 Lasts of Herrings, was in August 1659. taken by Captain White of Newcastle, whose Associates (as the said Nicholas Corssen is informed) dwelt at Leith in Scotland.

Aaron de Vosse, Pretense. Art. 63. Burgomaster of the same Town, saith that one of his ships fishing for Herring, named the Fox, of which Joseph Foppen was Master, being departed with many other Vessels for the said Fishery, and being laden with 285 Barrels and a half of Herring, was taken the 11 of July 1660. by the above named Captain Geo. Wot­worth of Leith in Scotland; whither the ship being brought, the said Aaron de Vosse took a great deal of pains, and made great solicitation for the Restitution of his ship and Goods, as also for the reparation of damages suffered by him, but notwithstanding all his pains and solicitatious, he could not obtain the restitution of one penny.

John Martensen, Pretense. Art. 64. Olden Roggen, Schepen of the same Town, complains, That a ship of his, of the burden of 54 Tun being gone to Sea to fish, and being upon the 13 of April 1659. about 3 Leagues to the Northwards of the Sables, was attacqued, taken, and carried to Newcastle, by a Captain called John of London.

George Andriesen formerly Master of the ship called the St. Peter, Pretense. Art. 65. doth complain, That being departed from Middleburgh in Zealand the 18. of December 1661. armed with a Commission from the States to go to the West-Indies, was taken and pillaged 10 Leagues from Cape de Cruze, in the Island of Cuba, by a Captain named James Young, who had fitted his ship at London, and had his retreat in the Island of Jamaica; which Prize was taken the 24. of May 1662. and from the ship which was pillaged there was ta­ken and carried away, (besides what the Seamen took) all the Cargazon and Merchandize that had been entrusted with the Master of the said ship, to trade withal; so that [Page 71]they find themselves well warranted to demand satisfaction by the Authority of the Original Factors.

To the 65. Article; We say,Answ. 65. that no such man had any Commission from Jamaica; but we have heard that such a person had obtained a Portugal Commission, and did Plunder English Ships, and all Vessels that he took; but durst never go into Jamaica for that Colonel Doyly, the Governour of That Place, gave Orders to all Men of War to apprehend him, for his Insolence to a Vessel called, The Blessing of London.

Cornelius de Lincourt, Pretense. Art. 66. hath presented to their Lordships a memorial of Goods, that his Father Jacob de Lincourt decea­sed, left in the Island of St Christopher, on the 5th of April, 1655, which have been detained by him that commands for the King of England in the same Island; under pre­tense, that there ought to be a recovery made upon them, for the losses which the English pretend to have suffered by the said Corne­lius de Lincourt during the late War with England; because he had taken some of their Buildings: And forasmuch as the Com­missioners established over the said goods, to wit, Captain Wil­liam Tresilgem, Captain Samuel Wintrym, and Master William Jordan, have declared that the Goods of the deceased are in their custody; and of what Value they are, according to the accompt of Sugars, and Indico, which they have Esteem­ed at 306100l. of Sugar, and 750l. of Indico, he demands Restitution with Indemnity.

To the 66. Article; If the complainant have Right, Answ. 66. he must seek it upon the Island, by course of Justice, and his pretence ought not to be admitted against our Nation untill that be denyed Him.

Leonard Johnson, Pretense. Art. 67. formerly Master of the ship called the [Page 72] Martin of Rossum, of Middleburgh, hath represented to the States an Authentick Copy Translated out of English, being in effect, a Declaration of the Governour for the KING of Great Brittain in Jamaica, by which it is testified that the said Leonard Johnson Arrived the 16th of December, 1661. in that Harbour, with his ship and Company, in a miserable condition, having no more money then 50. Ryalls of Eight, to supply their necessities, he therefore obtained leave to fell 30 Negroes; but afterwards desiring leave to sell all the rest of the Negroes he had, it was refused him, and he had his Pass-port to be gone: But notwithstanding, after his say­ling from thence, the 18th of February 1662. he returned thither again, by mischance, two dayes after, and was pre­sently Borded by some Seamen belonging to his Majesties Fre­gat, called the Diamond, commanded by Captain Richard Whiting, according to the Instructions of his Royal Highness the Duke of York, Lord High Admiral of England: But the Governour having put all under a Guard, caused the ship to be visited, and finding that the said Leonard Johnson in the sale of his Negroes, had not exceeded the Number that was allowed him, and because there was no more found in his ship then 260. pound, of which 218. pounds was carried to the Governour, and 50. Negroes, who were rated at 478. pounds sterling, which summ being added to the 218. pounds, makes in all the summ of 696. pounds sterling, which the said Governour did remin to his Royall Highness, or to his Order.

To the 67. Article; Answ. 67. The Admission of the complai­nants Ship first to Jamaica, was a noble excess of cha­rity in the Governour, who took upon him to dispence with the Law, to supply the complainants needs; That the taking of the ship afterwards, was what the Captain might, and ought to do by Law, and his Duty; And if the complainant had any thing restored him, he owes thanks for that, and ought not to complain, that a part was detained, when the whole was Legally consiscable for [Page 73]his trading with our Plantations, contrary to the Act of Navigation.

All the Interessed in the ship named the St. John, Pretense. Arti. 68. of which Leven Kachlaer of Trevere in Zealand was Master, do com­plain that the said ship departing from Trevere in the month of January, 1662. Bound for France, See this Answ. p. 60. was met near the Coast of England, by a Fregat Commanded by Captain Jacob Van­gaber, who made himself master of the said ship on the 29th of January, 1662. and carried her to Rye in England.

It is further represented, that Bartholomew de Jager, Pretense. Arti. 69. of Middleburgh, Master of the ship called the Fortune, (a Vessell of 150. Tun, or thereabouts) departed form Middleburgh, April 2d 1652. with the said ship and lading, confisting of 450. Quintalls (measure of France) of salt, of St Martin. Twelve pieces of Aquavitae of Rochel, which were laden at Rochel, by Christian Denis, and Maquet, and belonging (as it appears by the Bills of Lading) to Regnier Martensse, and Ja­cob Lievens, Merchants of Middleburgh, to go for Nieuport; and that being Arriv'd upon the 5th of the same moneth, before the Harbour of that Town, at break of day he came to an Anchour, and that early in the morning, Three ships of the Parliament of England came up directly to him, namely Two of the squadron of Vice-Admiral Goodson, who lay before Ost-end, and the third coming from the West, who approaching the said Vessel, made several shot at her, so that the Master, and his men were fain to leave the ship to save their lives; having first nailed his Sea-brief to the main-mast, to shew that both ship and goods were free. He did also cause to be planted a white flagg, joyning with it One of the Prince of Orange's, to notifie that all was free; But this signified lit­tle, although the said Lievens had also given to understand that the ship was his; for the men of the said Parliament Vessel came up notwithstanding with their Shallops to the said ship the Fortune, under protection of their Cannon, and [Page 74]took away Anchors, Cordage, Sails, Cable, &c. and set fire at last both to ship and lading.

To the 69. Article, Answer 69. we say, That Vice-Admiral Good­son Commanded no Squadron of Ships in the Year, 1662. and therefore if any thing was done of what is complained at that time, it must be done by some other Nation.

Hierosme Cornelissen of Flushing, Pretense. Art. 70. declareth likewise, that he departed from Flushing, on the 17th of May 1657. under the Convoy of John Thyssen for Ostend, laden with bay-salt; and that about two Leagues from the Town of Ostend, two Fregats came up to him, the one Commanded by Captain Lambert, and the other by Captain Groff, the latter of which pillaged him: But however the said Captain promising that he would restore the whole to him,See for the Answer to the Pre­tenses 70, 71, 72. in pa. 60. provided he would give him a Declaration that he had not been damnified by him; which the said Cornelissen consented to; but after the giving thereof, he could get no more of him then nine Livres de gros: His losse amounting (besides that) to 13 Livres, 16 Solz, and 9 Deniers de gros; and that of his man to four Livres de gros, of which he could not obtain Restitu­tion.

All the Interessed in the 19 ships that went from Flushing the 6th of August, Pretense. Arti. 71. 1656. under the Convoy of Captain John Tyson, do represent that the said ships being Arrived near Blanckenburgh, did there meet 6 or 7 English Vessels, who at­tacqued them, being laden with Wine, Brandy and Salt, and fired upon them furiously, took and sunk 5 or 6, so that there Arrived at Ostend but 13, or 14.

Cornelius Janssen, Pretense. Anti. 72. Peter Bogart, John Andreessen, Masters of ships dwelling at Middleburgh, and Flushing, do Remon­strate, That sailing in the Year, 1659. with their ships and [Page 75] Merchandizes which were not Contrabanda, towards Ostend, were driven back by certain ships in such manner, that they were constrained to return to the place from whence they departed, and where they were freighted which did them a great deal of wrong, and they have reason to de­mand to be Indemnified.

The ship named the Town and Country Adjacent, Pretense. Artic. 73. belong­ing to the West India Company of the Chamber of Groninghen, was taken by the English in the Channel, with the Merchan­dizes thereunto belonging, and Depending.

When we know the Captain that took her,Answ. 73. and time when, and where any claim hath formerly been made, an Answer shall be given.

FINIS.

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