Fraud and violence discovered and detected, or, A remonstrance of the interessed in the ships Bona Esperanza and Henry Bona Adventura of London with a narrative of the proceedings in the case (depending before the States General of the Seven United Provinces) between the assignes of William Courten and the East-India Company of the Netherlands : also, several reasons and arguments for the speedy decision of differences (by amicable conferences of state) arising upon depredations and spoyls / by George Carevv ...

Fraud and violence discovered and detected, or, A remonstrance of the interessed in the ships Bona Esperanza and Henry Bona Adventura of London with a narrative of the proceedings in the case (depending before the States General of the Seven United Provinces) between the assignes of William Courten and the East-India Company of the Netherlands : also, several reasons and arguments for the speedy decision of differences (by amicable conferences of state) arising upon depredations and spoyls / by George Carevv ...

Table of contents

Title page

An Introduction To the TREATISE.

The CASE between the Assignes of WILLIAM COURTEN and the East-India Company of the NETHERLANDS.

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The Claim of William Tombes Esq for the Ship the Bona Esperanza, Fraight and Goods, on behalf of himself and others Ieteressed therein.

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To the Right Honourable Sr George Downing Kt Envoy Extraordinary of His Most Sacred MAJESTY of Great Brittain, &c. To the States General of the UNITED PROVINCES.

The Humble Petition of Sir John Ayton Knight, George Carew and Charles Whitaker Esquires, on the behalf of themselves and the rest of the Creditors of Will. Courten, Sir Edward Littleton and Sir Paul Pindar, deceased, and of others Interessed in the Ships Bona Esperanza and Henry Bona Adventure of LONDON.

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LETTRE Aux Hauts & Puissans SEIGNEURS LES ESTATS GENERAUX Des PROVINCES UNIES.

To Sir George Downing, about the Bona Esperanza and Henry Bona Adventure.

A True Translation of the Kings Letter from the French Original to the Lords States General.

A MEMORIAL Delivered unto The States-Generall: Concerning the Ships, Bona Esperanza, and Henry Bona Adventure of LONDON.

The Second MEMORIAL.

Mr. Carew's Insinuation to the East-India Company of the Netherlands.

To the Worshipful Mr. Vandam Advocate to the East-India Company of the Netherlands, and the rest of the Commissionated Bewinthebbers resident at the HAGUE.

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Au ROY de la GRAND BRETAGNE.

The Translation of the States Letter to the King, June 22. 1662.

Antwoort van de Heeren Staten Generael der Vereenighde Nederlantsche Provincien, op de Memorie door den Ridder George Downing extraordinaris Envoyé van syne Majesteyt van Groot-Britannien, &c. aen haer Ho: Mo: overgegeven den 20 April, 1662.

Replique du Chevalier GEORGE DOVVNING Envoyé Extraordinaire de Sa Majesté de la Grand Bretagne, &c. Sur la Response des Estats Generaux des Provinces Unies, sur son Memoire du 20 Avril 1662.

The Reply of Sir George Downing, Envoy Extratraordinary of His MAJESTIE of Great Britain, &c. delivered the 13. of July 1662. upon the Answer of the Estates General of the United Provinces, to his Memorial of the 20. of April last.

Memorandum,

Authentique Copies of the Acts, Deeds, and Writings, delivered by Sir George Downing with the Reply to the States Answer, with the several Letters and Numbers under these significations following.

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These for the Right Honourable George Duke of Albemarle, and the rest of the Commissioners appointed by the Kings most Excellent Majesty to Treat with the Dutch Embassadors.

The third Memoriall of Sir GEORGE DOVVNING to the States Generall.

The Answer of the Lords States General (Translated out of the Dutch Original) to Sir GEORGE DOVVNING's Third Memoriall.

Second Reply of Sir GEORGE DOVVNING Envoy Extraordinary from His MAJESTY of Great Britain, &c.

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Articuli Foederis & Amicitiae inter CAROLUM II. Magnae Britanniae, &c. Regem, & Ordines Generales Foederati Belgii.

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II.

III.

IV.

V.

VI.

VII.

VIII.

IX.

X

XI.

XII.

XIII.

XIV.

XV.

XVI.

XVII.

XVIII.

XIX.

XX.

XXI.

XXII.

XXIII.

XXIV.

XXV.

XXVI.

XXVII.

XXVIII.

Articulus Separatus.

Extraordinaer Schryvens van de Nederlandtsche Ambass: in Engelandt, meldende op wat maniere noch eyndelick de Tractaten, met den Koninck geslooten sijn.

The Translation of the Dutch Embassadors Letter to the STATES, Chelsey 5/15 Sept. 1662.

A MEMORIAL of Sir George Downing Knight, Envoy Extraordinary of His most Sacred Majtie of Great Britain, &c.

Sir George Downing's aforesaid Memorial rendred in French.

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The Answers following were given at the same Conference held at Sir George Downings House in the Hague.

To all Military Men, Merchants, and others of the English Nation, inhabiting within the Seven United Provinces.

Extract from the Register of Resolutions of the Ho: Mo: Lords, the States General of the United Provinces.

The States Letter to the King concerning the Ships stopt upon the accompt of the Knights of Malta. June 15. 1662.

The Translation of the aforesaid Letter out of the French Original. June 15. 1662.

The States Letter to the King concerning the Ship CHARLES. June 27. 1662.

The Translation of the aforesaid Letter out of the French Original. June 27. 1662.

The Reply of Sir GEORGE DOVVNING, Envoy Extraordinary of His MAJESTY of GREAT BRITAIN, &c. Delivered the 13. of July 1662. upon the Answer of the STATES GENERAL of the United Provinces, to his Memorial concerning the Ship CHARLES.

Advertisement

Ten Select ARTICLES of the Treaty between O. Cromwell and the States Generall of the United Provinces, 1654.

III.

VII.

IX.

XIII.

XVI.

XXIV.

XXV.

XXVII.

XXX.

XXXI.

The CLAIM exhibited against the Dutch, by Mr. Tombes, 1654. EXTRACT.

The humble Petition of Henry Powell, Citizen and Draper of London, on the behalf of himself and the other Creditors of William Courten late of London, Merchant.

To Examine and Determine all Losses and Injuries which either side alledgeth to have sustained from the other. The humble Petition of Thomas Newman, Richard Wheeler, Francis Hill, and Andrew Wetton, in the behalf of themselves and the rest of the Company, of and in the Ship Bona Esperanza.

A Breviate of the Depositions taken in the High Court of Admiralty in England, concerning the Ship Bona Esperanza, referring to the several Fol. and Interogatories.

The Translation of the Agreement concerning the Henry Bona Adventure, between the Mariners and Adriaen vander Stell.

The Commissioners Certificate translated into Dutch out of the English.

Andere Copie Translaet.

A Breviate of the Depositions taken in the Court of Admiralty concerning the Ship Henry Bona Adventure of London.

The Authentique Copy of Jonas Abeel's Insinuation to the East-India Company of the Netherlands.

Certain Evidences and Presumptions concerning the Losse of the two Ships called the Dragon and Katharine of LONDON.

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London 25 Jan. 1641. aboard the Hester at Blackwall, were William Courten, John Rushout, Captain Robert Moulton, Anthony Robertson one of the Queens Musicians, Edward Knipe, and John Benning, were told by William Tailor Masters Mate, and confirmed by Robert Hogg Master of the Hester,

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Translated out of the Portuges into English.

To the Right Honourable the COMMITTEE of LORDS and COMMONS for the Admiralty.

The humble Petition of William Tombes.

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The Impost and Excise in the Low-Countryes for the Publique Charge continued since the Union.

XII. Select Articles of the Peace and mutual Commerse between Henry the Seventh King of England and Philip Arch-Duke of Austria and Duke of Burgundy, concluded and Signed at London the 24. of February 1495. Taken from the Original.

Artic. XIII. Mercatoribus utrius que Principis tutum libere habitare.

Artic. XIV. Piscatoribus utriusque Principis subditis tam per mare quam terra liberum commeatum fore.

Artic. XVII. Cautio praestanda pro Navibus in Mare exituris.

Artic. XIX. Si Navis ab extranco capta fuerit in portu Principis.

Artic. XX. Non impedient venientes ab oriente.

Artic. XXII. Naves alterutrius libertatem subditorum habere.

Artic. XXIV. Si Navis naufragium fecerit.

Artic. XXV. Mercatores alterutrius licere domos habere.

Artic. XXVIII. De damno illato.

Artic. XXIX. Praeterita represalia in suspenso habeantur.

Art. XXXIII. Deputati convenient pro sedandis discordiis inter mercatores stapulae Calesiae.

Artic. XXXV. Obligatio Nobilium & Civitatum.

One and Twenty Select Articles of the Treaty of Peace between the Crowns of France and Spain, concluded and Signed upon the Confines of the Pyrenean Mountains the 7th of November 1659. Translated from the Original.

That all Enmity or Misunderstanding shall be forgotten by either parties, upon occasion of the present Wars.

That the Subjects of both sides shall have liberty to trade in one anothers Countries without any Lets or molestations.

Priviledges mutually granted in each others Dominions.

The penalty of transporting prohibited goods.

The form and manner of exhibiting Passes and Dockets as to the Spanish Ships.

Passes as to the French Ships.

Passes to be shown upon great Suspicion.

Passes to be shown to the Spanish by the French in the Roads or the open Sea.

Contrabanda, Merehandize confiscated.

Free Trade and Commerce mutually enjoyed.

Further provision against Frauds and Inconveniencies in Trade and Commerce.

Speedy Justice to be done to Foreigners.

Actions to be tryed when they first begun or did arise.

Six Months time given in case of War to transport persons and goods.

Advocates and Proctors to be Assistant to either party that retains them.

Consuls appointed for Commerce in both Nations.

Letters of Marque and Reprisal in case of injustice.

Overtures made by the King of France concerning the Kingdome of Portugal.

The King of France and Spain interposing with the Pope, on the behalf of the Duke of Parma, for discharging the Debts due to the Apostolical Chamber.

The chief Allies comprehended in this Treaty on the French Part.

The Allies on the Spanish Accompt.

Mr. John Darrel's deposition before one of the Masters of Chancery, concerning the Dutch Agreement with the Portugals in 1644.

The Deposition of Tho. Newman Merchant, taken upon Oath the 28. of January 1662. before Sir Walter Littleton Knight, Dr. of Laws, and one of the Masters in Chancery.

A Catalogue of their Names who by their Subscriptions are Capable of being chosen COMMITTEES of the East-India Company in England, for the Year 1662.

The Names of the present Governour, Deputy, and twenty four Committees.

Consulta & Sententiae Gualteri Walkeri Militis, Gulielmi Turneri, Joannis Extoni, Timothes Baldvini, & Davidis Buddi, Doctorum & Professorum in Juri Civili super argumento subsequente.

The Opinions and Resolutions of Sir John Glynn Kt. and Sir John Maynard Knight, the Kings Serjeants at Law; Sir Edward Turnor Knight, Speaker of the Commons-House in Parliament, and Attorney Generall to his Royal Highnesse the Duke of York, Bennet Hoskins Esq one of the Benchers, and Reader of the Middle Temple; and Samuel Baldwin Esq of the Inner-Temple, Councellor at Law; given upon the Case between the Assignees of William Courten and the East-India Company of the Netherlands.

Sententiae & Statutum Johannis Glynni & Johannis Maynardi Militum, Regis Servientûm ad Legem, Edvardi Turnori Oratoris in Consessu Ordinum Inferiorum & Attornati Generalis ad Celsitudinem Regiam Ducis Eboracensis, Benedicti Hoskensii Armigeri, unius Assessorum, Jurisque Lectoris in Hospitio Medii Templi, & Samuelis Baldvini Hospitii Interioris Templi Armigeri & Juris-Consulti; data super lite inter Assignatos Gulielmi Courteni & Indiae Orientalis Societatem Batavam.

INSTRUCTIONS given to the Chief Agent of Mr. Courten and Company, at Carwarr, &c.

Coines, Weights, and Measures in Goa.

Coines, &c. in Cannanore.

Batticalla.

Carwarr.

Rajapore, Lickmidas and Samgee. Decemb. 1644.

Memorandum,

The Attestation of Mr. John Darrell Merchant, concerning Mr. Courten's Factors and Factories in the East-Indies and parts adjacent, in the year 1644. deposed in the Court of the Admiralty, in the fifteenth year of the Reign of King CHARLES the Second. Anno Dom. 1662.

Sententiae & Judicium JURISCONSULTORUM BATAVORUM In JURE CIVILI exparte Belgicae Societatis Indiae-Orientalis. Versae ex Lingua Belgica.

THE CONTENTS.

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Fraud and Violence Discovered and Detected: OR A REMONSTRANCE OF The Interessed in the Ships Bona Esperanza and Henry Bona Adventura of LONDON. WITH A Narrative of the Proceedings in the CASE (depending before the STATES GENERAL of the Seven United Provinces) between the Assignes of William Courten and the East-India Company of the Netherlands.

ALSO Several Reasons and Arguments for the speedy decision of Differences (by Amicable Conferences of State) arising upon Depredations and Spoyls.

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Fiat Justitia pereat Mundus.

By GEORGE CAREVV Armig.

LONDON, Printed by William Godbid for the persons concerned. M. DC. LXII.

An Introduction To the TREATISE.

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GReat Adventures are accompanyed with Equal hazzards and advantages, and men of noble principles rather take incouragement to improve their Countrey by lawful Enterprises, than to sit still and suffer Penurie through fear and negligence: The wisdome of all Ages provided safe Conducts for Merchants, under the sanctuary and protection of Jus Gentium, and National Treaties; therefore they that suffer Injuries by the Insolent Subjects of Foraign States, without seeking Satisfaction and Reparation answerable to the Damnum Emergens, forfeit not onely their own Proprieties, but betray both the Honour and Justice of their PRINCE, and the Strength and Courage of His Subjects. Felons by the Law of ENGLAND are not admitted Counsel, or any Testimonies upon Oath; for that such Criminal offences are contra Pacem & Dignitatem Domini Regis, &c. and Murtherers are punished with Death by the Law of all Nations. Trespasses according to their circumstances are considered in the Eye of the Law: To strike a Peasant bears an Action, but to strike a Peer bears a greater: Robberies committed at noon-day, in the open Roads, [Page] are laid to the Countries charge; for that Theives were harboured within the Jurisdiction of a Civil Government: Among the Greeks; if a Murtherer flew into any City for refuge, they Apprehended three of the Inhabitants, and kept them in safe custody until Justice were done upon the Offender: To deny or delay Justice, is Injustice; and where there is a Persistency in it, Grotius (who was both a Divine and a Civil Lawyer) says that Letters of Reprisal are consonant to Law, and therein Nations as well as Persons are concerned: The Sacred Scripture directs a threefold Restitution for Goods unjustly taken, and the Church of Rome Excommunicates those that detain any thing from persons suffering by Distresse at Sea, accounting it so Detestable a sin, that they are Accursed, and shall not obtain Remission until they have made full satisfaction. Generous Spirits are obliged by Kindnesse, being sensible of Honour and Gratitude; but the Jewish generation of obstinate men, that deems it no sin to cheat Christians, being Incorporated into the East-India Company of the Netherlands, holds it more shameful to Restore than to Steal; and for their private Interest, will (if possible) Engage the Seven Provinces in an unlawful War, than yeild to reasonable tearms for their Peace. There are many that justly call themselves Sufferers in this case, and Poterunt litem inceptam prosequi, not doubting in the least of a good Issue upon the foundations of Justice and Equity: The precept of Law is to Doe right to Every man; and Demosthenes the renowned Orator defines it to be the Gift of God as well as the Decrees of Learned [Page] men: The Laws of ENGLAND are most clear in the Point, under which (qui se jacturam passos dicunt in duabus Navibus, &c.) they are subject, there needs no Commentary upon the Text, being established upon the grounds of right reason and judgment.

Having glanced at the several Heads in the following Discourse, before I come to the Proceedings upon the Controversie begun, it's necessary to open the Cause, that the Reader may not be perplext in various turnings to lose his way. I shall then in Bona Esperanza sail to the Henry Bona Adventure, and enter the Particulars of the Goods and Fraights taken in on their Trading Voyages, and declare the accompts, and opinions both of the most Learned in the Laws, and experienced in Policies and Reasons of State that say, If the full Loss and Damages be not satisfied according to the Proofs in the Admiralty, the Conclusion (for English Affairs) will be far worse than the Premises.

‘[Veritas non quaerit Angulos.]’

The CASE between the Assignes of WILLIAM COURTEN and the East-India Company of the NETHERLANDS.

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KIng CHARLES the First (of ever glorious memory) most seriously considering that Trade and Navigation was a principal means to bring Honour and Wealth to His Kingdomes, and finding by sad experience that the East-India Company of ENGLAND rather persued their present profit by a Running Trade, than to settle themselves in places of strength, that might give incouragement to future Times for adventuring any Commerce with the Indians, or defend themselves against the violent and apparent Injuries of the Hollanders, who daily insulted over them, to the Dishonour of GREAT BRITTAIN, Decrease of Customes, and Expence both of His Majesties Subjects and their Fortunes: His Majestie duly considering the premises, did by His Commission under His Royal Signature, bearing date the 12th. of December, 1635. (the Uiceroy of the King of Spain having concluded a Truce and Free Trade in the East Indies with His Majestie) give license, power and authority to Sir William Courten late of London Knight, Endimion Porter Esquire, Thomas Kynaston, Samuel Bonnell, Merchants, and others; to Set forth under the Command of Captain John Weddall and Nathaniel Mountney, the good Ships called the Dragon, the Katharine, the Sonn the Planter, the Ann, and the Discovery; with Gold, Silver, Merchandizes and Provisions, fit for Trade, not onely to Goa, the Parts of Mallabar, China and Japan; but also to Cape Bona Esperanza, the Island of St. Laurence [Page] and Parts adjacent, the Coasts of Mosambique, Sofola and AEthiopia, the Island Succatora, the Coast of Arabia, the Gulph of Persia, the Coast of India, the Island of Zelaon, the Coast of Cormendell, the Gulph of Bengala, the Coast of Pegu, Achen, the Island of Sumatra, the Straights of Malacca, Sindea and Bandea, with the Islands of Java, Macassar, Borneo, Gillolo, the Maluccose Islands, with Nova Guiana, and the Coasts of Tartarie; or to any other place whatsoever, where occasion of Trade or Discovery should lead them: And (amongst other powers and privileges) granted Authority to take possession for His Majestie, His Heirs and Successors, of all such Lands as they should discover and conceive might be of Advantage and Honourable for the Crown of ENGLAND to own or hold; giving to the said Sir Will. Courten, and other the Adventurers with him, and their Heirs for ever, one full moiety or half part of the Lands and Benefits whatsoever thereunto belonging; reserving the Soveraignty thereof, and the Interest of Disposing the other part: And in order to a Friendly entertainment of the English by the Natives, His Majestie sent several Letters under His Signe Manual to the Indian Kings, for the kind reception of those His Subjects aforesaid: Nevertheless (in the said Commission) His Majestie declared His meaning and intent, that the old East India Company shall not be restrained, hindred or impeached, of, in or from a Free Trade and Commerce to any of those Parts, any thing to the contrary notwithstanding; Saving and excepting a certain clause in the Grant, concerning the Discovery of a Passage into the Atlantick Sea, and the Benefits thereby accruing; and the Land to be discovered and taken possession of by the said Sir William Courten and his Partners as aforesaid: Provided also, that Sir William Courten and other the Adventurers with him, their Agents and Assignes, shal not be privileged, licensed or enabled to Trade where the East India Company had setled Factories, Plantations or Trade before the 12th. of December, 1635. And to shew a signal testimony of His Maiesties favour to this Foundation, there was in the said Commission power and authority given to make use of His Majesties Common Seal ingraven with a Lion passant gardant between three Imperial Crowns, to seal all Letters, Certificates and matters of Concernment in the said Trading Uoyages: And as a further ensigne of His Majesties most gracious care for the safety and preservation of the Shipping in that Imployment, did authorize and require Sir William Courten, his Partners, &c. to carry in all their Ships the same Flags and Colours which the Kings Ships and none else ought to bear. And in persuance of the said Commission Grants and Authorities aforesaid, the said six Ships were set forth and sent to the Parts and places aforesaid. Sir William Courten having upon his owne accompt adventured the Summe of 120000 l died being indebted to several persons that had lent him many great Sums of money upon his owne and his Son William Courten's personal Security: His Majestie then minding to give all further incouragement to the surviving [Page] Adventurers, did of His especial grace, certain knowledge and meere motion, by His Letters Patents under the Great Seal of England, bearing date the first day of June, 1637. grant ratifie and confirm unto Endimion Porter, William Courten Son and Heir and sole Executor of Sir William Courten; Thomas Kynaston, Samuel Bonnell, Captain John Weddall and Nathaniel Mountney, and every of them, their Partuers, Agents and Assignes, all the said Powers, Privileges and Authorities mentioned and contained in the former Commission; with license from time to time, during the space of Five yeers next following to set forth and send one or more Ship or Ships, Uessel or Uessels well fitted and provided for Trade, to the Parts and places aforesaid; Captain Weddall and Mountney with the former Ships having Traded for the space of Eighteen moneths upon the Coasts aforesaid, purchased several places for Factories neer the Sea, and possessed themselves of some Uacancies of Land (lawful for them to do) and then sent home the Sonn and the Planter richly laden with Goods to a great value. The Hollanders perceiving that both the Indians and Portugals had naturally more kindness for the English than the Dutch, Envyed thereat, and sought all indirect means and practises (as formerly they had done) to destroy them and their Foundations, declaring all men to be their Enemies that dealt with the English. Afterwards Capt. Weddall and Mountney, as they were bound homeward for England, in the Dragon and Katharine, laden with Oriental Wares and Merchandizes, to the value of 150000 l Sterling and upwards, neer the Cape Bona Esperanza were most barbarously murthered by the Dutch, and the Ships both sunk (as by strong presumptions and relations of several persons hereafter mentioned may appear) which put the Company upon great streights.

William Courten then Borrowed the Sum of 28800 l. of Sir Paul Pindar Knight, upon his personal security in the same yeer his Father died, towards satisfaction of such persons that called in their moneys; afterwards prevailed with Sir Edward Littleton Baronet, his Brother in Law, to become bound with him for divers great Sums of money to divers other persons, amounting to 68000 l. or thereabouts, which was taken up at Interest to carry on the said Trade in India as aforesaid. And in the Yeer 1641. having with his Partners set forth seven other Ships, well provided and furnished with Gold, Silver, Merchandizes, Ammunition and other provisions fitting for East India Uoyages; did by an Indenture or Bill of Sale, bearing date the 26 of Aprill 1642. made between the said William Courten of the one part, and Sir Edward Littleton of the other part, recite the said Letters Patents, And whereas the said William Courten, and the parties named in the said Patent, in persuance of the powers and authorities therein granted, had set forth and sent out to the East Indies and places before mentioned the said 7 Ships herein particularly mentioned, viz. The Loyalty of London, of the Burthen of 340 Tons or thereabouts, under the charge and Command of John Durson Master; the Bona Esperanza of [Page] London, of the Burthen of 240 Tons or thereabouts, under the charge and Command of John Dowrifh Master, the Hester of London, of the Burthen of 230 Tons or thereabouts, under the charge and Command of Robert Hogg Master; the Unity of London, of the Burthen of 160 Tons or thereabouts, under the charge and Command of Henry Russell Master; the Paradox of London, of the Burthen of 120 Tons or thereabouts, under the charge and Command of Adrian Mathews Master; and the Planter of London, of the Burthen of 260 Tons or thereabouts, under the charge and Command of John Benning Master: And whereas the whole Adventure of and in all the said Ships, being divided into Eight parts, the Adventure of him the said William Courten, amounteth unto Seven parts of the said Eight parts; and the other part is the Adventure of all the rest of the Adventurers and Parties herein before mentioned.

And whereas the said William Courten hath at his owne proper costs and charges, and for his owne proper accompt, by several Polices or Writings of Assurances, bearing the several Dates herein mentioned, assured himself lost or not lost from London, to the parts and places aforesaid in Trade, and from thence to London again with their Lading; that is to say, by one Police dated the 13 day of April, 1641. upon the said Ship called the Paradox, the Summe of 3450 l. by another Police dated the 6. day of October, 1641. upon the Bona Esperanza, the Summe of 3400 l. by another Police of the same date, upon the Henry Bona Adventure, the Sum of 3200 l. by another Police dated the 18 of Aprill 1642. upon the Loyalty, the Summe of 5250 l. by another Police of the same date, upon the Hester, the Summe of 3650 l. by another Police of the same date, upon the Unity, the Summe of 3150 l. as in and by the said Polices or Writings of Assurances may appear.

And whereas the said Sir Edward Littleton, at the request and for the onely proper debt of the said William Courten, and as his Surety, standeth bound to several persons for several great summes of Money, and the said William Courten is willing to secure the said Sir Edward Littleton, his Heirs, Executors and Administrators; and to save him and them harmless concerning the same: Now, This Indenture witnesseth, that the said William Courten in consideration of the premises, and for divers other good causes and considerations him thereunto moving, hath given, granted, bargained and sold, and by these presents doth give, &c. unto the said Sir Edward Littleton those his two Ships called the Paradox and Hester, with their Appurtenances, Stock and Stocks, Merchandizes, Assurances; and all his Part and Parts, Portion and Portions of all Fraight and Fraights, Eoods, Ladings, Wares, Returns or Proceeds whatsoever, arising or growing out for or in respect of any Parts and Shares which he the said William Courten hath in the Loyalty, the Bona Esperanza, the Henry Bona Adventure, the Unity and the Planter: to have, hold and enjoy the said Ships and Premises; and all the Estate, Right, Title, Interest, Claim [Page] and Demand whatsoever of him the said William Courten, of, in and to the same, unto the said Sir Edward Littleton, &c. for evermore; with a Covenant therein against all former Incumbrances: Provided alwayes that if the said William Courten, his Heirs, Executors or Administrators, or any of them, shall or do within the space of Seven and twenty moneths next ensuing the date of the said Indenture, pay and satisfie all and every sum and sums of Money for which the said Sir Edward Littleton stands bound with the said William Courten, unto such person or persons unto whom the same are or shall be due; and do from time to time, and at all times hereafter save harmless the said Sir Edward Littleton, &c. from all manner of Suits, Troubles, &c. by reason of the same; That then this present Indenture and Bill of Sale to be void: And it is agreed, expressed and declared, that in case the said Sir Edward Littleton, &c. shall at any time be damnified concerning the premises, or any part of the said Debts, that then it shall and may be lawful for the said Sir Edward Littleton, &c. to grant, assigne and set over the said Ships, Goods, Adventures, or any part or portion thereof, to any person or persons whatsoever, for the payment and discharge of the said Debt, and the surplus to be accompted to the said William Courten, &c. In witness, &c.

Sir Paul Pindar having continued his money at Interest in the hands of Mr. Courten for the space of Five years, upon the personal security of Mr. Courten, and Samuel Bonnell, there being then due to him for the forbearance thereof the summe of 4800 l. Sir Paul Pindar pressed for further security, and at length prevailed with Mr. Courten and Sir Edward Littleton for satisfaction of the said Debt to make a Grant or Bill of Sale of the said Ships in manner and form following, viz.

By an Indenture tripartite, bearing date the 19 of December, 1642. made between the said William Courten of the first part, Sir Edward Littleton of the second part, and Sir Paul Pindar of the third part; reciting the Letters Patents from the King, the several names of the Ships, with their Burthens and Lading, Polices of Assurances, and the Consideration of Mr. Courten's former Grant to Sir Edward Littleton of the 26 of Aprill last, with the Provisoe contained therein as aforesaid; and then mentioning the perticular sums of money that William Courten, and Samuel Bonnell, stood ingaged by several Bonds to Sir Paul Pindar, with their dates and times of payment, being accompted up, Principal and Interest together, amounting to 28800 l. And that for 4000 l. thereof, 200 Bags of Pepper was sent upon Sir Paul Pindar's accompt to Ligorne, there remaining only due unto Sir Paul Pindar the sum of 24800 l. In consideration whereof, and for better security, the said William Courten and Sir Edward Littleton granted, bargained and sold the said Ships, the Loyalty, the Hester, the Bona Esperanza, the Bona Adventure, the Unity, the Paradox and the Planter; with all the Fraights, Adventures, Returns, Polices of Assurances and other Proceeds whatsoever; and all the Right, Title, Interest, Estate, Claim and Demand of them the said Sir Edward [Page]Littleton and William Courten, to Sir Paul Pindar, &c. as his and their owne proper Goods and Chattels for evermore; with Covenants that they were free from Incumbrances, &c. according to the Laws of Oleron. In which Indenture tripartite was also contained a Provisoe, That the said Sir Edward Littleton and his Assigns should and might order and dispose of the Returns and Proceeds of the premises: First, for the payment of Sir Paul Pindar out of the Loyalty 5000 l. out of the Hester 4000 l. out of the Bona Esperanza 3000 l. out of the Bona Adventure 2500 l. out of the Unity 2500 l. out of the Paradox 2000 l. and out of the Planter 5800 l. at certain days after the Returns of the said Ships, the Surplus to satisfie the Engagements of Sir Edward Littleton: And it was agreed, that in case any of the said Sums of Money should be behind and unpaid, that it should be lawful for Sir Paul Pindar to pay himself out of the Goods and Merchandizes upon the Returns with Costs and Damages, and accompt to Sir Edward Littleton for the overplus: And it was also agreed, that in case of Shipwrack Sir Paul Pindar should not suffer any loss or damage, but that he should and might sue the Polices of Assurances, and be accomptable also for the overplus to Sir Edward Littleton, towards discharge of the Debts he stood Ingaged with William Courten as aforesaid. In witness, &c.

As additions to Mr. Courten's Misfortunes, the Civil Wars broke out in England soon after he set forth these last Ships, which gave the East-India Company of the Netherlands further advantages to dispoil him, and his Friends that assisted him in his reputation. And about the Month of January 1643. the Henry Bona Adventure being laden with Pepper, and other Indian Wares bound homewards for England, was driven upon the Island Mauritius by distresse of weather, where the Dutch under a pretence of helping the Master and Seamen to save the goods, seised and possessed themselves of Ship, Tackle, Ammunition, Merchandize and Provisions, and converted the same to the use of the said East-India Company; and Adriaen Vanderstell the Governour of the Island sent away the Master and Mariners without any manner of succour or relief; to the dammage of Mr. Courten and the rest of the interessed, the summe of 10000 l. and upwards. And about the Month of June 1643. the Bona Esperanza making a Trading Voyage from Goa to Maccao, in the Straights of Malacca, was violently set upon by two Dutch Ships Men of War (belonging to the said Company) called the Vendillo and the Portogallo, whereof Signior Fermeren, and Signior Gealand with the Lieutenant of the Fort at Malacca were Commanders, who in an hostile manner killed the Master Roger Tuckerman, and divers Seamen more, wounded many others, took the rest Prisoners, and robbed them of all their Goods, Merchandize, Books of Accompts, Writings and Papers; and afterwards led the Mariners about the streets of Batavia in derision of the English Nation, dragging also the Kings Colours after them in triumph, contrary to the Laws of Nations and Common amity: all which tended to the dammage of Mr. Courten and the interessed in that Voyage, the[Page]Summe 75000 l. or thereabouts, the particulars whereof appear by the authentique proofs taken (in perpetuam rei memoriam) in His Majesties High Court of Admiralty in England.

Upon the news of these violent and inhumane dealings, Mr. Courten was forced to absent himself from the Exchange, his Bills were protested in England, Holland and Zeland, so he became insolvent, and was outlawed with Sir Edward Littleton in the Years 1644. and 1645. for the Sum of Fifty thousand pounds, or thereabouts: Sir Edward Littleton being then sequestered for his Fidelity and Allegiance to his Majesty, and in the actual Service of the King, could not appear to prosecute his action either before the Parliament or the Courts of Holland, for reparation of the said violent injuries aforesaid.

Sir Paul Pindar having taken up several great summes of money, and advanced them to the Kings use, was with the rest of the Commissioners for the contracted Farms of the Customs, Fined 150000 l. by the Parliament, and also prosecuted at Law for the said Debts, whereby he became a Prisoner to his own house, and during the late distempered Times made incapable to look after his proportion of the said Damages from the East-India Company of Holland.

Mr. William Courten being indebted (as it's pretended) unto one Jacob Pergens of Amsterdam, one Peter Boudan Courten of Middleburg, David Goubart, and others their Confederates in London, combining together, perswaded Mr. Courten to appear before John Marius Publique Notary, and make a Procuration bearing date at London the 27. of October 1645. giving power to the said Pergens to implead, recover and receive of the said Company satisfaction for the Losses and depredations aforesaid, but to the use of Mr. Courten.

Afterwards perceiving the Times grew more desperate, and that Sir Edward Littleton and Sir Paul Pindar were plunged into most lamentable conditions and oppressions, they insinuated to Mr. Courten that notwithstanding the former Deeds of Bargain and Sale to the said Sir Edward Littleton and Sir Paul Pindar, their Estates being confiscated, and themselves lost irrecoverably in opinion of the world, he might make other Transports of the said Ships Bona Adventure and Bona Esperanza, with the Goods, Effects, and Proceeds thereof, to him the said Pergens, for satisfaction of his pretended Debt aforesaid. Mr. Will. Courten being divided in his own thoughts, told the said Confederates that he could not do any such acts without arraigning his own understanding, and wounding the reputation of himself and his Family; yet notwithstanding through much importunity and perswasion, being driven to great necessity, having lived in obscurity three years together, he came privately on the 10 of Decemb. 1647. before Joshua Maniett Publique Notary at London, and took upon himself to uake an absolute Transport and Bill of Sale of the said Goods, Ships and all Proceeds coming and arising from them, to Jacob Pergens now as his own proper Goods.

[Page] About six weeks after the said William Courten arrived in Holland, and delivered to Mr. Jacob Pergens and David Goubart the Counterpart of the said Tripartite Indenture signed and sealed by Sir Edward Littleton and Sir Paul Pindar, in whose hands the same is yet remaining, who then were advised by their Advocates upon perusing of the said Deed to perswade Mr. William Courten to make another Transport in Holland, who came privately to the Hague in his passage towards Italy (where he dyed) and appeared before Solomon Vander Heyde Publique Notary, upon the 22 of Febr. 1648. and took upon him to make another Transport or Bill of Sale, reciting the names of the Ships, particulars of the Goods and Fraights, and then granted them to the said Pergens in rem suam, accepting of some small parcells of money for his charges, and so took his Farewel of the said Pergens, Boudan Courten & Goubart, leaving the shame upon them and the East-India Company, who fraudulently combined to oppresse the Fatherlesse and Widows, and intended to deceive them of their Just Rights.

And the better to colour over their practises and designes, they procured Letters from His late Majestie (when he was under the treachery of a Presbyterian Party, and the force of an Independent Army) to be sent to the States General of the United Provinces, and Sir William Boswel His Majesties Resident at the Hague, as followeth.

Celsissimis ac Praepotentibus Dominis, Dominis Ordinibus Generalibus Unitarum Belgii Provinciarum, Confoederatis & Amicis Nostris Charissimis.

CArolus Dei Gratia Magnae Britanniae Franciae & Hyberniae Rex, Fidei defensor, &c. Celsissimis ac Praepotentibus Dominis Dominis Ordinibus Generalibus Foederatarum Belgii Provinciarum, Confoederatis, & amicis Nostris Charissimis, Salutem, ac utramque felicitatem; Cels [...]ssimi ac Praepotentes Domini Confoederati & Amici Charissimi, queritur bonus civis Noster, dilectus & fidelis nobis, Gulielmus Courtenus, illatum sibi Grande Damnum Anno 1643. quum ejusdem binae naves, Commercii causâ ad Orientalis Indiae plagas emissae, una expugnaretur in freto Malaccae, altera tempestate in Insulam Mauritii conj [...]cta, diriperetur, ac detineretur, utrumque intentatum a subdit is Vestris ad Orientalis Indiae Societatem Vestram pertinentibus, quod (que) sat is sibi (juste) fieri ab eadem societate sapiu [...] efflagitavit; quam conventuram brevi quum intellgamus, placuit, Residenti Nostri Equiti Boswellio Hagae moranti mandare, ut Courteno ferat opem, ac rem omnem diserte aperiat V. V. Celsitudinibus simul, & ab iisdem ejusmodi petat directionem, quâ eadem societas ad rationom satisfactionis ineundam adducatur; Residenti nostro praefato fidem in hiis integram, reliquisque ex parte nostrâ proferendis coram iisdem V. V. Celsitudin. negotiis, eadem, V. V. Celsitudines, ut semper, cum favore & benignitate dignabuntur aahibere, Quas de caetero salvas slorentesque Deus opt. Max. quam diutissime conservare velit: Dabanim ex Hamptoniae Curiâ Octobris die nonâ, Anno salutis M D. CXVII. & Regni nostri XXIII. P. P. V. V. Celsitudinum.

Bonus Amicus CAROLUS R.

Facta Collatione consonuit cum suo Originali, subsignatum erat.

I. SPRONSSEN.

[Page]

To Our Trusty and Well-beloved Sir William Boswell Knight, Our Resident with the States General of the United Netherlands at the Hague.

CHARLES REX.

TRusty and well-beloved, We greet you well, herewith you will receive two Letters from us, one to the States Generall of the United Netherlands, the other to the Prince of Aurange, and a Copy of each, by which you will see they are but creditive, and referring to that you have from us in Charge, which is as followeth; That a Ship called the Bona Esperanza of London, belonging to William Courten Esquire, laden with his goods, and with other goods and monies of certain Portugalls, chanced to be assaulted by two Ships of the Netherlands East-India Company in the Straights of Malacca, upon or about the 26. of Iune 1643. (as she was Sayling on her voyage from Goa to China) where after a bloody fight and much of her Company slain, she was overpowered by the Neatherlanders serving the said Company, who used the rest with great rigour, and disposed of Ship and Lading at their Pleasure, which else might have probably brought home to Mr. Courten a return of Threescore thousand pounds, or better.

Like Information we have concerning another Ship to him belonging, called the Henry Bona Adventure of London Fraighted with Pepper, and other Spices, to the value of 7884. pounds, and with Iron neer 300. pounds worth, which by the stresse of a Harrican, was forced upon a part of Mauritius Island, the 25. of Ianuary 1643. and there with all tackles and goods detained by the Netherlanders serving the said Company: Of both which, that just restitution be made or sufficient reparation, and allowance for Dammages, is, That we are Humbly Prayed to recommend, and by you our Publique Minister with the said States General to demand and require; Wherefore we will and command you soon after receipt of these, to Inform your self fully by conference with James Pergens Merchant of Amsterdam (who hath the managery of Mr. Courten's affairs in Holland) of the whole State of the Seizure and value of the said two Ships, furniture and fraights, and the dammage sustained by the Owners of them, with other the circumstances pertaining thereunto; Wherein, when you are sufficiently instructed, we will and require you then to present our said letters Creditive, and in pursuance of them to Presse for Satisfaction, (by restitution or otherwise) speedily to be made by the Netherlanders East-India Company aforesaid: In the Negociating of which we would have you use your utmost Care, and most earnest endevours, and therein to advise and assist from time to time the said Pergens the best you can; Which will be grateful and acceptable to Us. Given under Our Signet at Hampton-Court the 9. day of October 1647.

Concordat cum Original. Quod Attestor. J. Beeckman Not. Publ.

Having thus far given a perfect Narrative, with the Abstracts of several Deeds and Writings out of the Originals, to which I refer, now follows in course the Second Part of the Case, wherein is set forth the Practise and Combination of Mr. Pergens and his Confederates; and the prohibition of Sir Paul Pindar, with the Proceedings of Jonas Abeels at Amsterdam thereupon.

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§

[Page]

SIr Paul Pindar being advertised by some Friends that William Courten had taken upon him to make other Procurations, Transports or Assignements of the said Bona Esperanza and Henry Bona Adventure, and of the Goods, Ladings and Effects, to Mr. Jacob Pergens, notwithstanding his former Grants, Bargains and Sales for such valuable Considerations as aforesaid; then the said Sir Paul Pindar by Procuration bearing date at London the 11. of February 1647. impowered Jonas Abeels Merchant of Amsterdam, to Implead the said East-India Company, and to recover and receive of the said Company all such sum and sums of money, Costs and Damages as were and should be coming unto him for the Losses and Spoyls aforesaid; which act was attested by Joshua Maniet Publique Notary aforesaid.

Before any Treaty or Agreement could be made between Pergens and the Company, Jonas Abeels insinuated (to the Directors of the said Company at their Chamber in Amsterdam, by Gerrit Coren Publique Notary) his Procuration and quality; and that Sir Paul Pindar had a Transport or Deed of Assignement of the said Ships, Goods and Ladings from William Courten and Sir Edward Littleton under which he claimed, and that in case they made any Agreements with Mr. Pergens or any other it would tantamount to no effect, giving the Bewinthebbers or Directors a Copy of the said Deed of Assignment, protesting against them for the Dammages already sustained, or that should be sustained, by reason of the premisses, as appears by the said Act of Insinuation, in the Register at Amsterdam the 25 of May 1648.

Jonas Abeels hearing afterwards that (notwithstanding his Insinuation) Mr. Pergens was in Treaty with the East India Company, did (as directed by his Advocate) arrest in the hands of the said Company, all which by Liquidation or Avoit the said William Courten had made in regard of the said two Ships Bona Esperanza and Henry Bona Adventure, and the Goods therein laden, and that the summe of 2500 l. sterling, covenanted to be paid out of the Henry Bona Adventure, by the said tripartite Deed to Sir Paul Pindar, should be paid to the Arrestant in his said quality, before any money might be paid to Mr. Courten or others, van syûen voegen. meaning Sir Edward Littleton or his Assignes, which could not then appear for the reasons before mentioned. Actum at Amsterdam the first of October 1648. and was signed by Gosen Daniells Messenger of the City of Amsterdam, and entred in the Arrest Book Signed with the Letter G fol. 161. abstracted from the Original, kept at the Chamber of the said East India Company.

In the year following (the King of Great Brittain being murthered) the Committee of Seventeen met at Middleburgh, where Peter Boudan Courten dwells, and as one of the said Committee, he himself procured to be made the pretended Agreement following, without [Page] any notice of Sir Paul Pindar's Interest, Sir Edward Littleton's Right or Mr. Thomas Kynaston and the rest of the Proprietors proportions, who were also imprisoned, sequestred, and ruined for the Kings Cause, neither was there in the said pretended Agreement any mention of the Mariners wages or their other perticular losses, nor even the Dammage of Mr. Thomas Newman, the Cape Merchant in the Bona Esperanza, who lost all in that Bottome, which he had gotten together, in his Five years service of Mr. Courten and Company before, nor of the least recompense or compensation to the Widdows, and many poor fatherless Children of Roger Tuckerman the Master, the Boatswaine, and five other Seamen that were (for some Reasons) killed in the defence of the ship, against the said Robbery and Uiolence. All which proved to the losse and dammage of the true Proprietors and Interessed the summe of 84516 l. 11 s. sterling, besides the said bloud, inestimable losse of Trade, and Imbezilment of the Original Contract under the hand and seal of the King of China, concerning the Liberties and Priviledges of his Ports to Mr. Courten and Company; for all which there was no procurations given from the Proprietors to Mr. Pergens to agree upon any terms whatsoever, they not doubting then of plenary satisfaction, when the King should resume His Crown and Kingdoms.

§

A Copy of the Original Agreement in Dutch, Between Mr. Pergens and the East-India Company.

ALsoo differenten ontstaen sijn tusschen de Ed: Bewinthebberen vande Nederlandsche Geoctroyeerde Dostindische Compagnye ter eenre, mitsgaders de Ed: Iacob Pergens, ende David Goubart, soo voor hem selven ende als Procuratie hebbende vande Ed: William Courten, ende andere Geinteresseerdens inde ghemelte differenten tot Londen ter andere zyde, ter seecke van saecker Schip genaemt l'Esperance inde Iare 1643. voorleden omtrent de Stadt Malacca vande Ministers vande ghemelte Compagnye om redenen daer toe dienende, met sijn ingeladen goederen aengehouden, mitsgaders eenighe geberghde goederen uyt het Schip Henry Bonaventura op't Eylandt Mauritius verongeluckt ende van daer op Batavia ghebraght; Soo ist dat de voornoemde Iacob Pergens ende Goubart ter Uergaderinge van Seventiene de gemelte haer Pretensien (om eenmael van de selve af te sijn) eyndelijck begroot hebbende op een Somme van hondert duysent guldens, ende daer op gehoort sijnde de presentatie vande gemelte Uergaderinge van't seventigh duysent guldens naer dat haer Ed: de resterende disterende dertigh duysent guldens al ende geheel aende nyt spraecke van dese Uergaderinge gesubmitteert hadden, aende voornoemde Pergens ende Goubart, voor alle de gemelte haere Pretensien ende ankleve van dien egeene uyt gesondert of gereserveert, by desen toe gheleyt hebben de Somme van vyf en tachtigh duysent guldens mits voor den Ontfangh vande gemelte penningen stellende suffisante cautie voor alle namaninge: Alle't welcke by de ghemelte E: Pergens ende Goubart gehoort sijnde, daer [Page] mede contentement genomen hebben; Alles ter goeder trouwe sonder argh ofte list, sijn daer van gedaen maecken twee alleens luydende Acten, ende we dersyts tusschen gemelte Parthyen geteyckent binnen Middelburgh in Zeelandt den 18 Septembris 1649 Was met verscheyde handen onderteyckent:

Iacob Pergens

David Goubart

I. C. Hayman

Iacob Rogh

P. Boudan Courten

P. D. Carpentier

P. van Santen

Adriaen Besemer

Ian Vrericks Abbekerck

Herke Iansz Noortlandt.

Naer gedane Collatie is dese Copye jegens den Principalen van woorde te woorde bevonden te accorderen, sulcx betuyghe ick Keyserlijck ende by den Ed: Hove van Hollandt, Mitsgaders de Groot Achtbare Magistraet der Stadt Amsterdam Geadmitteert en openbaer Notaris binnen deselve Stadt Residerende, ende hebbe in oirkonde van dien mijne Notarie signature hier onder ghestelt desen 27 Januarij 1651. was onderteeckent I. G. vander Ven Notaris Publijcq.

A Translation of the Agreement from the Dutch Original.

WHereas Differences are arisen between the Netherland East-India Company on the one part, & Mr J. Pergens & D. Goubart, as for their own Interests, & being also authorised by Mr Will. Courten and others at London concerned in the same business on the other part; touching a certain Ship named the Bona Esperanza, which was in the year 1643. seized on near the Town of Malacca, [and that for some Reasons] as likewise some goods that were taken into custody, which were in the Ship named the Henry Bonaventure that did miscarry near the Island Mauritius, which said goods were brought into Batavia; For which subject those Interessed in the said businesse (and to make an end thereof, and of their pretences, the said James Pergens and Goubart, did in the Assembly of the Seventeen, value their Losse at the sum of One Hundred Thousand Gilders; whereupon they had a presentation of Seventy Thousand Gilders offered them by those of the Assembly, they referring the other Thirty Thousand Gilders to the Judgement of the Assembly. But finally at last were agreed to give to the said Pergens and Goubart for what pretences they had, the sum of Eighty Five thousand Gilders, they giving also good and sufficient Security to in dempnifie the said Company for the said payment, which being taken into consideration by the said Pergens and Goubart they were fully satisfied therewith without any dissimulation, whereupon two acts were made of this agreement and exchanged to each other party and signed in Middleburgh the 18 of September 1649. Subscribed by several persons.

James Pergens

David Goubart

J. C. Hayman

Jacob Rogh

P. Boudan Courten

P. D. Carpentier

Pieter van Santen

Adriaen Besemer

Jan Vrericks Abbekerck

Herke Jansz Noortlandt.

[Page]

The Copy of the Security.

I underwritten do put my my self as Security in full manner and form for the said Eighty five thousand Gilders, the 20 of September 1649.

Signed Peter Boudan Courten.

The Copy of the Ordinance.

The Treasurers please to pay to Jacob Pergens Fourteen thousand one hundred sixty six pounds thirteen shillings four pence Flemmish, according to the Contract thereof made of the 17 in Middleborough the 20 of September 1649.

Jacob C. Hayman. and Nicholas Vander Merckt.

Summe is—141661 l.—13 s.—4. d.

Under is written,

I underwritten do acknowledge to have Received the contents hereof in Middleborough the 20 of September 1649.

Signed Jacob Pergens.

After Examination with the Originals. I Notary do find the same to agree in Middleborough, the 28 of July Anno 1654. Under is written, in Testimony of me,

Signed Daniel van Humen Notary Publique.

Mr. Jonas Abeels being informed that an Agreement was made at Middleburgh, renewed his former Insinuation and Arrest for further Damages, and petitioned the East-India-Company for a Copy of it, which after many requests and sollicitations was granted, who was advised by his advocates (as to Sir Paul Pindar's Interest and demand) to sue the Company, who made this conclusion in Court against the said Company as followeth, viz.

§

The Declaration or Resolution of Jonas Abeels in the Court of Amsterdam.

IOnas Abeels als Gemachtigde van Sir Paul Pindar Ridder tot Londen, als d'Accie ende Transport hebbende van Willem Courten ende Eduart Littleton heeft ter Uierschare doen dachvaerden de Bewinthebberen vande Oost-Indische Compagnye ter Camere alhier, ende Concludeert by de middelen, in tijden ende wijlen, ist noot, naerder te doen deduceren; dat de Heeren Ghedaeghdens gehouden sullen sijn te kennen ofte ontkennen, ten minsten ter goeder trouwen, den voorsz Instrumente van Transporte by den voornoemden Courten, ende Littleton ten behoeve vande voorseyde Heer Ridder, gepasseert op den negenthienden Decembris 1642. Engelse stijle, of dat op een uytkomt inden achthienden Iare vande Regeringe van wijlen Carolus, eerste Coninck van dien Name van Groot Britangien op den 19. der voorsz Maent, en dienvolgende de Gedaegdens gecondemneert sullen werden vermogens de vorige gedane insinuatie en arresten, aenden Eysscher inde voorsz qualiteyt te betalen, ende by provisie te namptiseren de somme van Uijf en tachtich duysent guldens, by de Gedaeghdens geaccordeert, ende aengenomen te betalen, voor de schaede ende pretensien [Page] by Willem Courten en consoorten gepretendeert, over het aengehaelde Schip de Bonne Esperance ghenaemt, ende de ingeladen goederen van dien, ende het gene by verongelucken van den Schepe Henry de Bonaventure in handen is vande Ministers vande voorsz Compagnie ghekomen was, metten Interesse vande voorsz somme van Uijf en tachtigh duysent guidens, 'tsedert den dach vande Accoorde tot de effectuele genietinge toe, met de kosten, ofte anderen, &c.

Schepeenen stellen de saecke in Statu, behoudens Uierschaer Recht. Actum den 17. February 1651. Presentibus,

Dr. Albart Panter, Barnard Schellingar ende Dr. Kornelis van Dronckelaer.

The Translation of the Original aforesaid, with the Proceedings.

IOnas Abeels impow'red by Sir Paul Pindar Knight, at London, as having the action and Assignment of William Courten and Edward Littleton, hath in Court caused to be summoned the Administrators of the East-India Company of the Chamber here, and Complaineth (by reasons to be further deduced in time and place, as shall be needful) that the Worshipfull Defendants shall be bound to acknowledge or deny, at least in good faith the said Instrument of Assignment passed by the before-named Courten and Litlteton to the use of the aforesaid Knight, on the 19. of December 1642. English stile, or (which comes to one) in the 18 year of the Raign of the Late CHARLES the First, King of that name of Great Britain, on the 19. day of the aforesaid Month; and in consequents thereof, the Defendants shall be condemned upon preceeding Insinuations and Arrests done, to pay unto the Plaintiffe in the said quality, and by provision to deposite the sum of Eighty and Five Thousand Gilders, by the Defendants agreed and undertaken to pay for the Damage and pretence which by William Courten and Partners is pretended for the seized Ship called the Good Hope and the Goods therein Laden; and for what is accrued by the Miscarriage of the Ship the Henry Bonadventure, in the hands of the Ministers of the said Company, with the Interest of the said sum of 85000 Gilders, from the day of the Agreement untill the effectual enjoyment thereof, with the Costs or otherwise, viz.

The Court of the Last of May 1651.

IOnas Abeels, as impow'red of Sir Paul Pindar Knight, at London, as Till the next Court. having the Action and Assignment of William Courten and Edward Littleton, hath in Court caused the East-India Company to be summoned as above in all things.

At the Court the 21 June in the year 1651.

IOnas Abeels, as impow'red of Sir Paul Pindar Knight, at London, In statu saving the right of the Court. against the East-India Company, and further as above in all things.

At the Court of the 13. of September 1651.

IOnas Abeels as Attorney of Sir Paul Pindar Knight, at London, against In statu. the East-India Company, and further as above in all things.

At the Court of the 8. of November 1651.

IOnas Abeels as Attorney of Sir Paul Pindar Knight, at London, as having In statu saving the Right of the Court. the Action and Assignment of William Courten and Edward Littleton against the East-India Company, and further as above in all things.

[Page]

At the Court of the 14. of February 1652. N. S.

IOnas Abeels as Attorney of Sir Paul Pindar Knight, at London, against As above in all things. the East-India Company, and further as above in all things.

Then the Company summoned Mr. Pergens and made this Conclusion following translated from the Original.

§

THe Directors of the East-India Company at the Chamber here Complainants against Jacob Pergens for himself, and as accepting the Citation for Peter Boudan Courten dwelling in Zealand, as having put themselves for Security for all after Claims of monies received by the said Pergens of the Directors of the East-India Company in Zealand, by vertue of the agreement made with the East-India Company, that he shall be condemned to indempnifie the Plaintiffs, and to save them Free of Costs and Damages from or of the claim and conclusion which Jonas Abeeles (who calleth himself the impow'red of Sir Paul Pindar, who saith he hath Assignment from William Courten and Edward Littleton) is this day making and taking against them, and without Diminution of the Defendants defence against the said Abeeles, Qualitate qua, and their right against the said Boudan Courten, further making demand of Costs, &c.

I. Daniel. N. Publicus.

This present Translation agrees in substance with the Originall.

Quod attestor Rogatas & Requisitet.

Mr. Jonas Abeels upon News of Sir Paul Pindar's Death, proceeded no further, for want of new procuration; whereupon the said Complaint and Conclusion fell without any determination, then the Dutch War broke out: Now follows the third part of the Case.

The Claim of William Tombes Esq for the Ship the Bona Esperanza, Fraight and Goods, on behalf of himself and others Ieteressed therein.

THe proceeding and Acts made and sped in the said Claim, before the English and Dutch Commissioners, viz. John Exton, William Turner, Doctors of Laws; William Thompson, Thomas Kendall, Adrian van Almond, Christian van Rodenburgh, Lodowick Howers, and Jacob Oysel, by vertue of a Commission bearing date the 25. day of May 1654. are as followeth, viz.

§

Tuesday the 30. day of May 1654.

Which day the foresaid Claims of William Tombes was amongst others on behalf of the English Nation exhibited, and by the said Commissioners admitted.

§

Tuesday the 6. day of June 1654.

Whereas the foresaid Commissioners had Ordered and Decreed, that Repertories should be made and exhibited of all the Claims exhibited on both sides, the foresaid Claim of William Tombes was accordingly entred in the Repertory of the English Claims, under the number 15. and in these following words, viz.

No. XV. William Tombes Executor of Sir Paul Pindar, Interessed in the Bona Esperanza and her Lading, seized in June 1643. in her passage for China by two Dutch men of War, and on the behalf of the Mariners of the said Ship, demands for Damages 72564 l. as by his Claim. No. XV.
72564.l. 0.s. 0.d.

§

Friday 21. July 1654.

Appeared before the said Commissioners, Mr. Kynaston on the behalf of William Tombes English-man, and presented certain proofs relating to the fifteenth complaint of the English, which proofs were written in Nine Skins of Parchment, under the great Seal of the High Court of the Admiralty, together with the Translation of Eight Depositions, [Page] and two Schedules, contained in the said Instrument and Translated into Latine. All which the said Commissioners did admit so far as by Law they are admissible.

§

Tuesday the 25. day of July 1654.

Which day the said Mr. Kynaston, on behalf of William Tombes aforesaid, exhibited a certain Indenture contained in two Skins of Parchment, wherein he alledged that the Interest of Sir Paul Pindar to whom the said Mr. Tombes is Executor, is set forth, which being admitted, he produced as a Witnesse upon the said Indenture Robert Cuffe, who being admitted and Sworn, declared that he was present at the Signing, Sealing, and Delivery of the said Instrument, as by his Deposition or Affidavit endorsed on the back thereof more plainly may appear, whereto he subscribed with his hand, and acknowledged the same being repeated to contain the truth.

§

Tuesday the first day of August 1654.

The said Mr. Kynaston appeared and alledged that the Cause on the behalf of William Tombes touching the Ship Bona Esperanza, was fully instructed and ready for hearing; at whose Petition the Commissioners Decreed that the said Cause should be heard on Thursday next in the Afternoon, in case the Claims touching the Ships, Concord and St. Anthony, which are first to be examined, be fully discussed by that time.

§

Thursday the 3. of August 1654.

Which day was wholly spent in the examining the Cause touching the Ship Concord aforementioned.

§

Friday the 4. day of August 1654.

Before the said Commissioners, the Deputies for the Dutch East-India Company being present, appeared Mr. Thomas Kynaston and Henry Robinson above-mentioned, at whose Petition the said Commissioners then 'monished the said Dutch Deputies to prepare themselves if they think fit, to the defence of the several Spoyls whereof the English in their Claims (comprized under the Numbers 8, 9, 11, 15, 20, 24, 32, 33, 34, 40, 41, 46, 47, 50, 51, 52, 53.) have complained against the said Dutch East-India Company, which they intended to hear upon their first opportunity.

Extractum hoc concordat substantialiter cum Originali

Quod attestor

Guilh. Chrymes Actuar. Assumptus.

The 13 day of August 1654. personally appeared before me William Chrymes Notary Publique, Mr. Thomas Kynaston, and protested of his diligence in seeking and endevouring after the obtaining a certain cause by him sollicited on the behalf of Mr. Will. Tombes and others the Interessed, in the presence of

Ex. Tho. Bedford.

Ex. Edm. Arnold Not. Public.

VVilliam Tombes finding that the Dutch Commissioners would not do him justice in England, was unwilling to follow them to Amsterdam as they desired, to proceed against the Company, where Jonas Abeels had done for Sir Paul Pindar before; and being very sensible how tedious, vexatious, and expensive the Court of Holland, the Hogen Rade, and the Revisions, were at the Hague, after the first Trial was over before their competent Judges (as they call them) in the Cities; Considering those things, and being afflicted with some other troubles, he was not able to contain himself with patience, but chose rather a quick dispatch and hanged himself in the year following: Whereupon Letters of Administration de bonis non cum testamento annexo of Sir Paul Pindar were granted to Sir William Powell alias Hinson, who claims the part and proportion due to Sir Paul Piudar; and Sir Edward Littleton did by his Deed of Assignment dated the 23 of August 1656. grant and assign all his right, property and Interest of, in, and unto the said Ships, Goods, and Effects whatsoever, unto John Ayton, George Carew, and their Assigns for ever. And although they could not appeal for justice to the Parliament before Cromwell's Usurpation, being Delinquents, and in Cromwell's time could not prosecute their pretences in Holland being his declared Enemies; yet now our Good Hope is, that we shall receive our good Adventure with reparation and dammages, since the King of Great Britain is restored: Therefore I shall now go forwards, and prosecute the Suit begun at the Hague.

G.C.

[Page]

To the Right Honourable Sr George Downing Kt Envoy Extraordinary of His Most Sacred MAJESTY of Great Brittain, &c. To the States General of the UNITED PROVINCES.

[Page]

[Page]

MUCH HONOURED SIR,

PAtriots of their Countrey, Especially such as are found for their Abilities sit to serve the King in Forraign affaires, have commonly those faculties which render them most worthy of Honourable Employments, and they which are capable to deal with the Hollanders are known to be couragious, patient, and faithfull.

Your Honour may please to remember when I brought the Kings Letter to the States General at the Hague in April last, with his Majesties directions to your self, strictly commanding you to require speedy satisfaction & reparation for the loss of the Bona Esperanza and Henry Bona Adventure of London, two Ships as significant in their names as the Damages grievous in their nature; I told your Honour there was just grounds of Complaint, which should be vigorously prosecuted, wherein I have found great experience of your favour and constancy toward us.

Oratory is fitter for Comedies then Cases, I have therefore in plain terms set forth the true State of the whole matter, with some observations upon former proceedings to satisfie all persons concerned, that several actions and complaints have been brought in this case in the late distempered times some of them through delay of Justice suffered non-suits, others by denial, and death of the parties abated, Moritur actio cum persona, and divers through the defect of Commissioners appointed to hear them were dismissed [Page] without any determination, But this lis incepta now brought in a Politique way in the Kings Name, with your assistance, those which are the sufferers poterunt litem incoeptam prosequi, &c. Sir you have kept up our good adventure and good hope from sinking, and although their ladings were surprised in the Straights of Malacca & at Mauritius, if they be not restored by your friendly conferences, I doubt not but to reprise them in the Downes, or Narrow-Seas, and question not a full satisfaction as clear as the Sun at Mid-day without abusing the Kings goodnesse, or deserving any punishment for making the world acquainted that since the East-India Company of the Netherlands will not acknowledge our right, its easily granted they must pay for doing us wrong: Honoured Sir, you have to doe with a Crooked Generation of men, and Nunquam efficies ut recte ingrediantur Cancri. I shall not trouble your Honour any further at present, but to give you the most hearty thanks and prayers of all the interessed, and acknowledge my self

Grays-Inn Novem. 5. 1662.

Ever Honoured Sir,

Your most Obliged Servant GEO. CAREVV.

The Humble Petition of Sir John Ayton Knight, George Carew and Charles Whitaker Esquires, on the behalf of themselves and the rest of the Creditors of Will. Courten, Sir Edward Littleton and Sir Paul Pindar, deceased, and of others Interessed in the Ships Bona Esperanza and Henry Bona Adventure of LONDON.

[Page]

To the Kings Most Excellent MAJESTIE

SHEVVETH,

THat William Courten Esquire, and other Merchants in Company with him, were Authorized by Letters Patents under the Great Seal of England, ꝙ Trade unto the East-Indies, China, and Parts adjacent; and in persuance thereof, setled several Factories and Plantations neer the Sea Coasts, convenient for Trade, and (amongst other Ships) set forth in the Year 1641. the Bona Esperanza, and Henry Bona Adventure of London.

That to carry on the said Enterprize, they became Indebted to Your Petitioners and others in many great Summes of Money.

That the East-India Company of the Neatherlands, out of a designe to destroy Mr. Courten and others in their Shipping and Trade, violently Seised and Confiscated the Bona Esperanza in the Year 1643. and the Goods and Ships-provisions of the Henry Bona Adventure, to the Damage of the Petitioners and the Interessed 160000 l. and upwards, as by the Case annexed with the Accompt and Proofs taken in Your Majesties high Court of Admiralty, may appear.

That your Petitioners and others Interessed, in regard of their Allegiance and Fidelity to Your Majesties most rightful Cause, were both hindered and denyed Justice against the East-India Company of the Neatherlands, at home and abroad, although they often required the same.

Your Petitioners do therefore most humbly pray, That Your Majestie would be graciously pleased to interpose with the States General, and grant Your Petitioners Your Majesties Letter of Recommendation, requiring speedy Reparation for the Damages aforesaid, according to the Rules of Justice, and the Proofs taken in Your Majesties Court of Admiralty; or otherwise to grant Your Petitioners Letters of Reprisal against the people of the Low Countries for satisfaction of the said Damages. And Your Petitioners shall pray. John Ayton
George Carew
Charles Whitaker.

Presented to His Majesty Feb. 27. 1662 [...].

[Page]Accompt of the Loss and Damages annexed to the Petition of Sir J. Ayton, &c.

For 327 Bahar & 132 Catti of Pepper, containing 125895 l. taken out of the Henry Bona Adventure, and unjustly detained by the Governour of the Island Mauritius, and converted to the use of the East-India Company of the Neatherlands, to the value of— | I. S. D. 7343—17—0
For 30000 l. weight of Spanish Iron at 18 s. per Hundred, as it cost in London— | 0270—00—0
For the Ammunition, Sails, Cables, Anchors, Victuals, Wine, Rice, with other Provisions and Necessaries of the Ship— | 1000—00—0
| 8613—17—0
Besides, for Demurrage of two Ships that were sent purposely to take in the said Pepper, Iron, and other provisions saved out of the Henry Bona Adventure— |
FOr 10 Packs of Bays, Amber, Cloath and other things carried from England in the Bona Esperance, to the value of— | 1100—00—0
Amber and several Indian Wares taken in Acheen, to the value of— | 1200—00—0
For 40 Bags of Pepper, 16 Cases of Cinamon, choyce polished Amber and other Merchandizes taken in at Carwarr and Goa, valued— | 2700—00—0
[All which are particularly mentioned in the depositions of the Admiralty.] | -5000—00—0
FOr 180 Tons of the Bona Esperanza let to Fraught to the Portugals from Goa to Maccao at 8000 Rials, to be paid there in Goods or Money, and every Rial of eight being then worth 5 s. sterling, would have yeilded two for one invested in Merchandize from thence to India— | 4000—00—0
For 32000 Rials of eight for the Fraught back from Maccao to Goa, which yielded usually two for one in the Trade for those Parts. | 8000—00—0
2750 l. Sterling left at Canton in ready money in a former Voyage to be laid out in China Wares, and lost by disappointment of the Ship, and the Papers that were taken away from the Factors and Mariners— | 2750—00—0
| 19750—00—0
That 19750 l. invested in India Commodities, would have yielded in England upon Returns from thence three for one, which in— | 59250—00—0
The Ship Bona Esperanza with Ammunition, Tackle and Apparel, worth then to be sold— | 4000—00—0
For the Fraught of the whole Burthen— | 10000—00—0
The Mariners particular Losses— | 2554—14—0
By the Bona Esperanza— | 75804—14—0
By the Henry Bona Adventure— | 08613—17—0
| 84416—11—0
The principal Damage that Voyage— | 84416—11—0
Interest for Eighteen yeers at 5 l. per Cent.— | 75800—00—0
| 160216—11—0

Besides the inestimable loss of Trade, the Murther of the Master and foure of the Mariners, the rest imprisoned and kept in Irons a long time after, to the ruine of their wives and children, all to be accompted and compensated accordingly.

§

§

[Page]

LETTRE Aux Hauts & Puissans SEIGNEURS LES ESTATS GENERAUX Des PROVINCES UNIES.

HAuts & puissants Seigneurs nos bons amys alliez & Confede ez, sur les plaintes reiterées que nopu viennent de faire, plusieurs de nos bons subjects les interessez aux navires le Bona Esperance & le Henry Bon Adventure de Londres, nous ne leur avons seen refuser les fruicts effectifs de ceste protection que nous devons à touts noz suiets, veu pàrticulierement, que c'en sont de ceux qui ont fort merité de nous par un attachement fidelle à nos interests ce qui à mesme differé durant les derniers disordres arrivez en nos Royaumes la satisfaction qu'ils auroyent peuse promettre dan un cause si juste, nous avons donné ordre au Chevalier Downing nostre Envoyé Extraordinaire de vous faire sçavoir l'affaire au long avec les preuves evidentes qui en out esté faites dans Nostre Cour d'Admirauté, & ce qui c'est passé en suitte de dela, par ou l'on pent juger de la justice de la cause, qui a esté recogniie mesme des parties adverses & quelque satisfaction en ayant esté desia donnée quoy que de sous une fraude tres grossiere, mais qui ne doit unllement prejudicier aux personnes qui y ont le vray interest; l'affaire estant d'une valeur tres considerable & qui faict seule les fortunes de tant de nos bons suiects, Nom nous trouvons obligez de vous la recommander avec d'autant plus d'empressement, & d'en demander tres instamment satisfaction selon les preuves qui en ont esté faictes & suivant les reigles de la justice & de ceste Amitie & bonne correspondence que nous souhaittons conserver tousiours ferme & inviolable avec vous, ce n'est pas en effect sans regret que nous sommes contrains par les justes plaintes que nous font de jour enjour nos suiects de vous donner des importunitez de cette nature; Mais les soins & veilles perpetuelles que nous faisons pour leur bonheur Nous doivent particulierement interesser à tout ce qui leur arrive, & l'on se doit bien assurer qu'on ne pourra les molester aux moindres circumstances de leur commercesans nous chocquer & nous engager en mesme temps aux effects d'un juste ressentiment. Au reste nous nous remettons aux loix de nostre amitie commune pour une prompte satisfaction dans cette affaire priant le Seigneur de voue avoir hauts & puissans Seigneurs, nos bons amys alliez & confederez, en sa sainte Guarde. Escrit a nostre cour a Westminster ce 21. Mars l'an 1661/2 & de nostre reigne le quatorze.

Vostre bon amy CHARLES R.

Concordat cum Originali.

Edw. Nicholas.

[Page]

To Sir George Downing, about the Bona Esperanza and Henry Bona Adventure.

CHARLES R.

TRusty and Wellbeloved, We greet you well; You will herewith receive Our Letters to the States General, in favour of several of Our good Subjects interessed in the good Ships the Bona Esperanza, and the Henry Bona Adventure of London; wherein We thought good at the humble Suit of Our said Subjects, and out of the gracious sense We have of their unjust sufferings in that businesse, particularly to recommend it to the said States General, that a full and speedy satisfaction be made to Our said injured Subjects; which We will that upon the Delivery of Our said Letters, you fully represent in Our Name to the said States, together with the sense We more especially have of the evident Oppression and Violence so many of Our good Subjects have so long lain under: And further that you sollicite by all good means a speedy issue and accompt of this Businesse, which We will that you thereupon return unto Us, wherein We expect your best care and diligence. And so We bid you heartily farewell. Given at Our Court at Whitehall the 21 of March 1662.

By His Majesties Command. Edward Nicholas.

A True Translation of the Kings Letter from the French Original to the Lords States General.

MOst High and Mighty Lords, Our good Friends, Allies, and Confederates; Upon the reiterated Complaints of many of Our Loving Subjects, the Interessed in the Ships the Bona Esperanza, and the Henry Bona Adventure of London, We could not refuse the effects of that protection which We owe to all Our Suubjects, Considering more especially that they are such as have very much merited by a faithful adhering to Our interests, which during the late disorders in Our Kingdomes, hindered them to crave that satisfaction which they might have assured themselves of from Us, in so just a Cause; We have therefore given Order unto Sir George Downing Our Envoy Extraordinary, to make known unto you the businesse at large, with the clear and evident proofs which have been made in Our Court of Admiralty, and that which hath intervened since concerning the same, whereby the justice of the Cause may be known, which by the Adversaries themselves have been acknowledged, and some Satisfaction already given, although most grosly fraudulent, which ought not any way to prejudice the persons who have the true interest: The Businesse being of a very considerable value, and wherein the fortunes of so many of Our Subjects are concerned, We hold our selves obliged to recommend the same unto you with much importunity, and do earnestly require present Satisfaction answerable to the proofs which have been made according to the Rules of Justice, and the Amity and good Correspondence which We desire with you ever to conserve firm and inviolable. It is not in effect without regret, that we are constrained by the just Complaints unto Us daily made of Our Subjects to importune you in this nature, but the Care and perpetual Desires which We have for their welfare obligeth Us particularly to be interessed in all that which occurs unto them; and every one ought well to assure themselves, that none can in the least circumstance molest them in their Commerce without assailing and thereby ingaging Us at the same time to a just resentment thereof. We refer Our Self unto the Laws of Our Common Amity for a speedy Satisfaction in this businesse, desiring God to take Your High and Mighty Lordships, Our good Allies and Confederates, under his Holy Protection. Writ from Our Court at Westminster the 21 of March 1661/2. and of Our Reign the Fourteenth.

Your good Friend
CHARLES R.

Concordat cum Original.

Edw. Nicholas.

A MEMORIAL Delivered unto The States-Generall: Concerning the Ships, Bona Esperanza, and Henry Bona Adventure of LONDON.

[Page]

THe underwritten Envoy Extraordinary of His most Sacred Majesty of GREAT BRITAIN, &c. Doth herewith tender to their Lordships a Letter from the King his Master, concerning two English Ships belonging to London, the one called the Bona Esperanza, and the other the Henry Bona Adventure; the former hereof, was in the Year 1643. violently set upon in the East-India, between Goa and Maccao in a hostile manner in the Streights of Malacca, by two Ships belonging to the East-Indie Company of this Countrey, the one called the Vendillo, and the other the Portogallo, whereof one Geland was Commander in chief, and carried to Batavia, and there both Ship, Goods and Tackle all confiscated: And the other having in the Yeer 1642. come on ground on the Island Mauritins, was there both Ship, Goods and Tackle seised upon by some of the said Company.

The said Envoy Extraordinary doth in the Name, and in persuance of most precise Orders which he hath received from the King his Master, demand that Satisfaction and Reparation be forthwith made to the Persons interessed and injured.

And whereas it may seem strange that this matter should be set on foot at this time, when as in the Year 1654. Commissioners were sent to England, who did end several matters relating to the East-Indies; and whereas in the Year 1659. several matters of a fresher date were also ended, and thereby a period put to all other matters of Difference which had happened about the same time, and were known in Europe before the 20. of January in the said Year, it is to be considered that the Persons Interessed in these Ships, were such as for their singular and extraordinary activity to His Majesty of blessed memory, Father to the King his Master, were tendred uncapable of persuing or obtaining their just right at home or abroad; and upon that account it is that the businesse of these two Ships remains yet in dispute, though several matters of a much fresher date have been ended, and satisfaction given: And seeing this hath [Page] been the real occasion of this delay, the King his Master doth no ways doubt but that their Lordships will in so much a more eminent manner put forth and shew their Iustice for their relief.

Given at the Hague this 19. April 1662. New stile.

GEORGE DOVVNING.

The Second MEMORIAL.

THe underwritten Envoy Extraordinary of His most Sacred Majestie of GREAT BRITAIN, &c. having yesterday again received most strict Commands by the hands of one of the principal Secretaries of State, from the King his Master, sitting in full Council, earnestly to presse their Lordships the States General, that Satisfaction and Reparation be forthwith made to the Persons whose Cases are set down in his last Memorial; Doth (as in Duty bound) hereby make known the same to them, and desires that it will please their Lordships to take such Resolutions thereupon as the Iustice of the said matters do require, and as may give contentment and satisfaction to His Majesty, whom the said Envoy Extraordinary doth find to concern himself very much, and to be determinately resolved to have Right done to His Subjects therein one way or another.

Given at the Hague this 11. May 1662. New stile.

GEORGE DOVVNING.

Mr. Carew's Insinuation to the East-India Company of the Netherlands.

ICk George Carew Schilt-knaep, als by den prerogative Hove van Enghelant, ghestelt zijnde tot Administrateur van alle de naergelatene goederen van wijlen de Heer Willem Courten, Ridder, in zijn leven woonachtigh tot Londen in Engelandt, als mede gemachtight by procuratien van de Heer Willem Powel Ridder, Administrateur van alle de goederen, naer-ghelaten by wijlen de Heer Paul Pinder Ridder, oock voor sijn selven, ende de Heer John Ayton Ridder, geassigneerde van de Heer Edward Littleton Ridder, ende als procuratie hebbende van de Curateurs, ghestelt over den Boedel van Willem Courten zalr. ende andere geinteresseerde, in de Negotie op Oost-Indien, volgens Octroy van sijne Majesteyt Carel d' Eerste hooghloffelijcker memorie verleent, in den Jaer 1635. in dier qualiteyt versoeckende, alsoo gemelten Willem Courten zalr. by de Ministers van d' Oost-Indische Compagnie beschadight is geweest, in den Jaer 1642. door het onthouden der geberghde goederen, Ammunitie ende Scheeps-gereetschappen, uyt het Schip genaemt de Henry Bonaventure op 't Eylandt van Mauritius aen Landt, ende in possessie van Adrian vander Stelt [Page] gebracht, als oock door 't vyantlijck aentasten en veroveren van't Schip genaemt Bona Esperance, in den Jaer 1643. in de Straet van Malacca, door twee Schepen van Oorloge, genaemt de Vendelo, ende Portugallo, d'Oost-Indische Compagnie toebehoorende, tot Batavia opgebracht ende aldaer geconfisqueert, ende alsoo sijne Majesteyt van Engelant Karel de Tweede, by sijne Missive aen haer Ho: Mo: de Heeren Staten Generael, in date den 21. Martij laestleden, versocht heeft dat den gemelten George Carew in sijne qualité voorsz. mocht hebben vergoedinge over de schade aen meer-gemelte Willem Courten zalr. ende sijne mede-geinteresseerde aenghedaen als voorschreven is, dat ghy Notaris onder genoemt u soude willen transporteren ter camere van d'Oost-Indische Compagnie alhier, ende van de Heeren Bewint-hebbers versoecken dat sy souden gelieven hare Ho: Mo: de Heeren Staten Generael te dienen van bericht, om alsoo voort te procederen tot vereffeninge ende vergoedinge van de voorschreve geledene schaden.

HEden den achtsten May anno 1662. hebb' ick Henrick Venkel, by den Hovevan Hollandt Geadmitteerden Openbaer Notaris t' Amsterdam resideerende, ten versoecke van den Heer George Carew Schilt-knaep, my getransporteert ende vervoeght in 't Collegie van de Heeren Bewinthenbberen der Geoctroyeerde Oost-Indische Compagnie Camere deser Stad, ende aldaer ter vergaderinge van de gemelte Heeren, 't boven-staende versoeck voor-gelesen ende bekent gemaeckt. Waer op 't gemelte Ed: Collegie schriftelijck ter antwoorde gaf, dat sy bereydt sijn, 't bericht dien aengaande aen hare Ho: Mo: te geven, soo haest ende als wanneer haer Ho: Mo: sulcx van de gemelte compagnie sullen komen te vereysschen. Aldus gedaen binnen Amsterdam: present Abraham Kock ende Theodorus Crous als Getuygen.

Quod Attestor
HENRICK VENCKEL.
Notaris Publicus.

To the Worshipful Mr. Vandam Advocate to the East-India Company of the Netherlands, and the rest of the Commissionated Bewinthebbers resident at the HAGUE.

SIRS,

I Thought it convenient before I return for England, to use all ways and means for an accomodation, that the East-India Company of the Netherlands may be left without excuse, as also the States General, if any thing happens to the prejudice of the Publique for a private Difference, which might be composed upon reasonable and honourable Conditions. And lest you should suffer by any mistake, I have given order to this Gentleman (the Bearer hereof) to shew you my Answer by way of Reply to your Objections, concerning the Treaties of 1654 and 1659. made with the two late Usurpers Oliver and Richard. I told you in my last, that an Amicable conclusion would conduce more to your advantage than a Publique dispute: It's possible you may think to evade our Pretences by Practise or Pleading, and forget what you have gotten by destroying that foundation which Sir W. Courten laid in his Trading voyages to China and [Page] Japan. Please to be as ingenious in your speedy Answer, that it may not be impertinent, as I am to you in what I intend for Replication. I hope you will deal justly, and restore what you have violently taken from us; otherwise you may be well assured the Interessed will expose the rest of their fortunes and endevours to acquire a due Satisfaction, and no ways despair in so just a Cause of the assistance and protection of him that is able to revenge injuries and oppressions. I only wait for an Answer to several Memorials, &c. given in to the States General on our behalf, that the King may understand your meaning, whether you desire a fair correspondency with the Crown of England, or not. I have no more to say within my Commission, but to let you know that I am and desire to be

Your assured Friend and Servant George Carew.

Hague June 7/17 1662.

§

§

At the Court at Whitehall the 6th. of June 1662.

Present

Lord Chancellour

Lord Treasurer

Lord Privy Seal

Duke of Albemarle

Marquiss of Dorchester

Lord Great Chamberlain

Earl of Portland

Earl of Anglesey

Earl of Carlisle

Earl of Carbery

Lord Seymour

Lord Hatton

Sir William Compton

Mr. Treasurer

Mr. Vice-Chamberlain

Mr. Secretary Nicholas

Mr. Secretary Morice.

VPon the Petition of Sir John Ayton Knight, George Carew and Charles VVhitaker Esquires, on behalf of themselves and the rest of the Creditors of VVilliam Courten, Sir Edward Littleton and Sir Paul Pindar (this day read at the Board) Shewing that the Petitioners in persuance of His Majesties Letters of the 21 of March last, to the States General at the Hague, requiring Satisfaction and Reparation for the two Ships, the Henry Bona Adventure and Bona Esperanza, belonging to Mr. Courten, which were violently taken and confiscated by the East-India Company of Holland, contrary to the Laws of Nations, [Page] and common Right; And that His Majesties Envoy Extraordinary with the States being fully instructed, had fairly proceeded therein, in order to the Ascertaining of their Damages sustained thereby: And that notwithstanding the Commissioners of the East-India Company of Holland have acknowledged the Fact, and are by Advocates, on both sides, sufficiently convinced, that they ought to give Satisfaction accordingly; Yet the States General do hitherto delay to give Answer to the several Memorials delivered in reference to His Majesties Letters, albeit they have been pressed by daily sollicitations; out of designe (as is conceived) of having the Treaty perfected with an utter exclusion of the Petitioners; which would tend to their unsupportable loss, the ruine of many hundreds of poor persons, the unconscionable advantage of their Adversaries (the Dutch) and discouragement of all English Merchants from Trade. Upon consideration whereof, It was Ordered that Sir George Downing Knight, His Majesties Envoy Extraordinary with the States General of the United Provinces of the Netherlands at the Hague, do further and effectually proceed with the said States according to His Majesties Letters aforesaid, in requiring due Satisfaction to be made for the Damages sustained by His Majesties said Subjects, and procure their speedy Answer to such their just Demands; And thereupon to Report the same to this Board with all convenient speed.

EDVV. WALKER.

Au ROY de la GRAND BRETAGNE.

SIRE,

NOus escrivismes a Vostre Maieste il y a aujourd' huy huitjours, au suiet d'une affaire, sur laquelle nous attendons une response d'autant plus favourable, que le procedé de l'Admiraute de Londres, dont nous nous plaignons en nostre lettre, choqué égallement et le droit des gens et la Souveraineté de Vostre Couronne. Presentement nous nous trouvons obligés de vous entretenir d'une affaire moins importante en effect, mais dont les suittes pourroient este asséz fascheuses, pour nous convier a les prevenir par des esclaircissements necessaries pour la conservation de la bonne Intelligence entre Vos Royaumes et ces Provinces. Il a plu a Vostre Majestie par sa lettre du 21. Mars dernier, que nous avons receüe le 20. Avril en suivant, nous presser de faire donner satisfaction aux interessés des deux Vaisseaux, nommés la Bonne Esperance et Henry Bonaventure, dont l'un fut pris en l' An. 1643. par deux Vaisseaux de la Compagnie des Indes Orientales de ce Pais, dans le destroict de Malacca; et l'autre eschoüa presque en mesme [Page] temps sur les costes de l'Isle de Mauritius, ou les gens de la mesme Compagnie profiterent des Marchandises, qui en furent sauveés. Cen'est pas a nous a justifier le procedé de la Compagnie des Indes en cette rencontre, mais nous ne pouvons pas nous plaindre point de l'andace de ceux, qui ont le front d' Importuner Vostre Majesté, et de mandier son intercession pour des affaires, non seulement Vieilles et suranneés, mais aussi telles que nous ne les pouvons accorder avec honneur, ny eux les demander en conscience. Ce qui s'est passé en l'An. 1654, et le traitté fait l' An. 1659. ont esteint et mortifié les pretensions de cette nature, de sorte que nous nous en pourrions servir comme d' une raison generale contre toutes les demandes de cette nature, et nous dispencer d' une explication plus particuliere sur celles qui font parler presentement Vostre Majestie. Et neantmoins nous voulons bien l' Informer tres particulierement de l' Estat de cett' affaire, pourveu qu'elle 'nous permette de protester icy, que nous ne pouvons pas nous engager a une nouvelle recherche des choses regleés par des traittes precedents, et que ce n'est que pour cette seulefois, et pour demander justice de ceux, qui abusent de la bonté de Vostre Majestie, et de nostre patience, que nous desterrons par maniere de dire, une affaire, dont la memoire deuroit estre abolie il a long temps; Nous ne nous estenderons point sur les raisons, que la Compagnie peut avoir eues, pour prendre le Vaisseaux la Bonne Esperance, et pour se prevaloir des debris de celuy de Henry Bonaventure abandonné par le patron et par les Matelots Anglois; Mais nous nous contenterons de respondre a celles, dont on s'est servy pour surprendre la religion de Vostre Majestie, et pour l'obliger a recommander leurs interests mal-fondes. Nous vonlons bien croire, que les interessés en ces deux Navires ont rendu de signales services au Feu Roy de la Grand Bretagne, de tres glorieuse Memoire, mais ils ont fait violence a la verité quand ils ont voulu faire acroire, que ces services les ont empeschés de parler pour leurs interests sous les Usurpateurs. Nous pouvons faire voire, et en avons mis les preuves convaincantes entre les mains de Vostre Envoye extraordinaire que ces interesses bien loin de n'ofer reclamer leur bien pendant les troubles, ont bien expressement formé leur demande par escrit par devant les Commissaires establis en l' An 1654. sous le nom de William Toombs, en qualité d'Executeur du Testament de Paul Pindar, qui est celuy de la part duquel on renouvelle anjourdhuy la mesme demande, laquelle ils estendirent dés lors jusque a la somme de de soixante douze mille, cinq cens, quarante Six livres Sterlins. Il nestoit point du tout necessaire neantmoins que les dits Commissaires decidassent ce different, Veu qu'il avoit desia esté vuidé par une transaction entre les parties a l' Amiable, moyennant la somme de quatrevingts cinq mille livres tournois, que la Compagnie des Indes de ce Pais a effectivement payée. Les interessés semblent presupposer, que Jacob Pergens et David Coubart, qui ont fait cette transaction n'estoyent point qualifiés pour cela: mais nous avons en main, et avons communiqué a Vostre Envoyé Extraordinaire, des preuves au contraire si evidentes, que le Soleil ne l' est pas plus en plein midy. Coubart estoit proprietaire en partie du Navire la bonne Esperance, et en avoit toute la direction de la part de tous les autres interessés, et en cette qualité Il l'avoit loüé a William Courten qui l'avoit fretté, et qui a passé procuration en bonne forme pour ses interests a Jacob Pergens. Ceux qui renouvellent aujourd huy ces poursuittes mal fondées ne le peuvent pas nier, ny contester les actes authentiques, comme la procuration, la transaction, le cautionnement, l'ordonnance et la quitance, que l'on produit pour cet effect; Cest pourquoy ils se sont advisés de dire, que William Coutten n'a pû passer procuration, au prejudice du transport qu'il auroit fait de son droit a Paul Pindar des le mois de Decembre 1642. Mais nous opposons a cette raison controuvée les lettres et les declarations expresses du Feu Roy Vostre Pere, d'immortelle memoire, qui en nous escrivant du 9. Octobre 1647. c'est a dire cinq Ans apres ce pretendu transport, dit bien precisement, que ces deux Vaisseaux dont il est question, appartiennent a William Courten, et non a Paul Pindar. Il confirme cette verite dans une autre lettre, que sa Majestic escrit du mesme jour au Sr Boswel, alors son Resident aupres de nous, on il luy recommande bien expressement les Interests dudit Courten, et luy ordonne d'assister de son Conseil et de ses Sollicitations ledit Jacob Pergens, qui faisoit les affaires de William Courten en ce Pais. Nous ne pouvons sans faire tort a la Memoire du feu Roy, alleguer les lettres de la Maison des Seigneurs d' Angleterre, qui confirment ce que nous Venous de dire: mais [Page] nous croyons y devoir adjouster, que ledit Paul Pindar, ayant pū se refoudre en l'an 1651. afaire adjourner par devant les Eschevins de la Ville d' Amsterdam les Directeurs de la Compagnie des Indes Crientales en la Chambre de la mesme Ville, et a conclurre a ce qu'ils fussent condamnés a luy payer la susdite somme quatrevingt cincq mille livres tournois, Il n'a pas continué ces procedures quand il a esté informé de choses cy dessus mentionnées, et il ne se trouvera point, que depuis ce temps lá il ait fait aucunes poursuites en ce Pais. Ce qui est une preuve invincible de l'Injustice de ses pretensions, et nous fait esperer que Vostre Majestie ne laissera pas impunie l'audace de ceux, qui par des plaintes injuri euses et mal fondées pourroyent troubler la bonne correspondence, que nous pretendous cultiver tousjours de nostre costé entre Vos suiets et les nostres. Nous esperons aussii que Vostre Majestie connoistra en ce que nous venons de dire, l'equité de nostre procedé, et lasincerite de nos intentions, a entretenir religieusement l'amitié qui jusques icy a esté si utile al'un et a l'autre Estat, et a meriter l'affection, qu'il a plu a Vostre Majestié nous tesmoigner. Nous nous en promettons les effects, et cependant nous prions Dieu.

SIRE De combler le Regue de Vostre Majesté de felicité et benir Vostre Personne Royale de santé et de tres longue Vie.

A la Haye le 22. Juin 1662.

De Vostre Majestiê Bien humbles Serviteurs Les Estats Generaux des Provinces Unies des Pais Bas. Josan van Schriecket.

Par ordonnance d'iceux

J. SPRONSSEN.

The Translation of the States Letter to the King, June 22. 1662.

WE did write to your Majesty some eight dayes agoe in relation to a businesse whereto we Exspect your answer, so much the more favourable, as the proceedings of the Admirall Court at London (of which we complained) entrencheth equally upon the law of Nations and the Soveraignty of your Crown; now we find our selves obliged to write to you of a businesse of less importance in effect, but whereof the consequences may prove so troublesome, that they Invite us to prevent them by a necessary clearing thereof, for the preserving of a good Intelligence betwixt your Kingdomes and our Provinces. It pleased your Majesty by your letter of the 21. of March last (which we received the 20. of April after) to presse us to give satisfaction to the Interessed persons in the Two Ships called La Bonne Esperance and Henry Bonaventure, whereof the one was taken Anno 1643. by two Ships of the East-India Company of this Countrey in the Straits of Mallacca; and the other about the same time, struck upon the Coast of the Isle Mauritius, where the people of that same India Company, made their benefit of the goods that were saved. We are not to justifie the proceedings of that Company in that Encounter, but we cannot but complain of the boldnesse of those who are so impudent as to importune your Majesty, and to crave your Intercession in a business that is not only so inveterated and overgrown with years, but also such as we cannot with honour condiscend to, nor they with a good conscience demand; That which past in the Treaties of Anno 1654. and 1659. having Extinguish'd and mortified all pretensions of that nature, so that we might serve our selves therewith, as with a General reason against all such demands, and justly be dispenced with from giving any more perticular accompt of that your Majesty recommends to Us, yet we will inform your Majesty most particularly of the true state of that businesse; Provided that your Majesty permit us to Protest, that we cannot ingage our selves to make a new research of things concluded by former Treaties, and that shall only be for this one time, and to crave justice to be done upon those that have [Page] abused both your Majesties goodnesse and our patience, in ripping out of the grave (as we may say) a businesse, the Memory whereof ought long agoe to have been abolish'd: we shall not inlarge our selves upon the reasons, which that Company might have had to take the Ship La Bonne Esperanza, and to make their benefit of the Ship-wrack of the Henry Bonadventure, being abandoned by the English Master and Mariners; we shall content our selves to answer to those Allegations which the pretended Interessed have used to surprize your Majesties goodnesse, to move you to recommend to us their so ill-grounded interests: we will believe that the Interessed in these two Ships, did very great service to the late King of glorious memory, but they say more then truth, when they would make beleive, that these services hindered them to crave reparation in the Usurpers time, for we can make it appear, and have sent the convincing Proofes to your extraordinary envoy, that they were so far from daring to do it, that they gave in their demands in Writing to the Commissioners established Anno 1654. under the name of William Toombes, as executor of the Testament of Paul Pyndar in whose behalf the suit is now renewed, which was extended then to the sum of 72546. sterl. It was not necessary that the said Commissioners should have then decided that difference because it was already decded by an amicable Transaction betwixt the parties for the sum of 85000. Livers Turnois, which the said Company really paid, though the Interessed seem to presuppose that Jacob Pergens and David Goubart (who made this Transaction) were not qualified to do it: but we have by us, & have communicated to your extraordinary Envoy, such evident Proofs on the contrary, that the Sun is not more Cleer at Mid-day. Goubart was Owner of a part of the Bonne Esperanze and was impowred by all others that were Owners thereof, and in this quality William Courten hyred her from him and fraughted her, and made a legal procuration of his Interest to Jacob Pergens; Those that now renew their ill-grounded suit can not deny it, nor controlle the Authentique Acts and Deeds past, as the Procuration, the Transport, the Assurances, the Orders and Discharges which are produced; Therefore, they have advised to say, that William Courten had not power then to give a Procuration in prejudice of the Deed of Conveyance, which he made of all his right in these Ships to Paul Pindar in December 1642: But we oppose this new forgery by the expresse Letters and Declarations of the Late King your Father of Immortall memory, who writing to us the 9 of Oct. 1647. five years after that pretended Transport, saith punctually that these two Ships which are now in question, appertained to William Courten, and not to Paul Pindar, and confirmed this truth by another Letter written the same day to Sir William Boswell his Resident then here. Whereby he recommends expresly the Interest of the said Courten in the said Ships, and commands him to assist by his Councell and Sollicitation the said Jacob Pergens, who prosecuted Courtens businesse in this Countrey, We cannot without wronging the Memory of the late King, alledge the Letters of the House of Peers in Parliament to confirm what is said, but we conceive our selves bound in duty to add that the said Paul Pindar having had sufficient time to be resolved, in the year 1651. caused to be summoned the Directors of the East-India Company of Amsterdam, to appear before the Magistrates in the Stathouse there to hear themselves condemned to pay to him the foresaid Sum of 85000. Livers Turnois, but he did not prosecute the summons when he was informed of the particular proceedings before-mentioned; and it will not be found that since that time he made any further suit in this Countrey, which is a most Invincible Proof of the Injustnesse of these new pretensions, and gives us hopes that your Majesty will not suffer unpunish'd the boldness of those, who by their injurious ill grounded complaints, would trouble the good Correspondence, which we daily study to entertain betwixt your Subjects and ours. We hope also that your Majesty will see clearly by that we have said the equity of our proceedings, and sincerity of our intentions to entertain most Religiously the Friendship, which hitherto hath been so profitable to both Nations, and to merit the affection which it hath pleased your Majesty to professe unto us, whereof we promise our selves the effects, and in the mean time Pray God, &c.

Your Majesties very Humble Servants the States General of the United Provinces of the Low Countries.

Antwoort van de Heeren Staten Generael der Vereenighde Nederlantsche Provincien, op de Memorie door den Ridder George Downing extraordinaris Envoyé van syne Majesteyt van Groot-Britannien, &c. aen haer Ho: Mo: overgegeven den 20 April, 1662.

[Page]

DE Staten Generael der Uereenighde Nedetlanden geexamineert ende overwogen hebbende seecker Memoriael, by den Heere Downing, extraordinaris Envoyé van den Koning van Groot Britannien, &c. den 20 April lestle den aen hare Ho: Mo: gepresenteert, raeckende onder andere seeckere twee Engelsche Schepen, 't eene genaemt la Bonne Esperance, ende 't andere Henry Bonne Aventure, daer van't eerste in den Iare 1643. soude wesen genomen in de Straet van Malacca door twee Schepen van de Oost-Indische Compagnie deser Uereenighde Nederlanden, ende 't laetste ontrent de selve tijdt gestrandt wesende aen 't Eylandt genaemt Mauritius aldaer met sijne Ladinge by die van de selve Compagnie soude zijn gesaiseert; versoeckende hy Heere extraordinaris Envoyé voornaemt, dat daer over prompte satisfactie, ende reparatie aen de geinteresseerden, en mishandelden, gedaen moge worden; met byvoeginge, dat alhoewel het ten eersten aensien wat vreemt soude konnen schijnen, dat de voorsz. saecke tegenwoordich op 't Tapijt werdt gebracht, nademael in den Iare 1654. Commissarisen gonomineert, ende naer Engelandt gesonden zijn geweest, om af te doen verscheyde saecken Oost-Indien raeckende, ende dat in den Iare 1659. oock waren getermmeert geworden de saecken van jonger date, dat echter daer en-tegen te consideren stonde, dat de geinteresseerden in de voorsz. Schepen haer soodanich hebben gesignaleert voor den overleden Koningh Hooghloffelijcker Memorie, dat sy selfs niet derven hebben declameren 't gunt haer toehoorende, ende in dier voegen tot nu toe over 't geene voorsz. is, noch geene reparatie bekomen hebben, alhoewel veel andere saken naer date van dien voorgevallen, zedert getermineert, ende oock over de selve behoorlijcke reparatie geschiet zijn; hebben hare Ho: Mo: naer genomen informatie, over 't geene voorsz. is, goet gevonden den voorsz. extraordinaris Envoyé daer op mits desen tot antwoort toe te voegen, dat hare Ho: Mo: geenstnts souden konnen bewilligen, dat eenige saecken voor date van den voorsz. Iare 1654. gepasseert ende voorgevallen, contrariede solemnele Tractaten daer over tusschen beyde de Natien gemaeckt, ofte oock anderen by het Tractaet van den Iare 1659. gemortificeert, als nu wederom levendich gemaeckt, ende op nieuws in dispute gebracht souden werden, wat redenen van exceptie daer toe oock souden konnen ofte mogen werden voergewent, als houdende sulcks van seer vervaerlijcke consequentie, en de capabel, [Page] om door veele nieu we disputen over wel geassopieerde saecken, de Natien ten weder zijden merckelijcke te ontrusten, ende de goede intelligentie tusschen de selve te verstooren, 't welck alhoewel by sich selven, ende alleen genoech is om daer op de voorsz. oude saecke van de handt te wijsen, gelijch hare Ho: Mo: oock van nu voortaen niet gemeynt zijn over saecken van diergelijcke nature sich eenichsints in te laten, ofte tijdt te spenderen, ende moyete te doen, om haer op de eygentlijcken toe-dracht van de selve te laten informeren) soo hebben hare Ho: Mo: echter, om alle voldoens wille, ende ten overvloet, voor dese reyse alleen, in de voorsz. saecke, doch sonder tot anderen in consequentie te mogen werden getrocken, hem Heere extroordinaris Envoyé wel willen aenwijsen, eerstelijck, dat de voorsz. geinteresseerden, seer abusivelijck, ende contrarie de waerheyt, haer tegens den voorsz. generalen Regul trachten te behelpen met de voorsz. hare voorgewende exceptie, van dat sy luydens als getrouwe Dienaers van den overleden Koningh, onsterffelick Gedachtenisse selfs hare Actie niet souden hebben derven intenteren, gedeurende de jonghste disordres in Engelandr voorge vallen.

Ende ten anderen mede, dat oock buyten de voorsz. Tractaten voor haer uyt saecke van de voorgeweden pretensie geen recht ter werelt gevoren, ofte overigh is.

Wat het eerste belanght, is het soo verre van daer, dat de voorsz. geinteresseerden, gedeurende de voorseyde disordres niet souden hebben derven reclameren 't gunt haer in desen was competerende, dat ter contrarie sy luyden daer over in den voorsz. Iare 1654. haren eysch wel expresselijck voor de wederzijts geordonneerde Commissarisen ingebracht, ende schriftelijck over gelevert hebben op de naem van Willem Toombs, als Executeur van den Testamente van den Heer Paulus Pindar, uyt wyens hoofede de tegenwoordige pretensie oock wederom wert geresusciteert, hebbende den voorsz. eysch doenmales seer enormelijck geextendeert tot twee-en-seventich duysent viif hondert ses-en-veertich ponden Sterlings, gelijck alle 't selve naerder kan werden afgenomen uyt de Copie van den voorsz. eysch hier nevens ge voeght onder Num. l. waer mede dan oock de voorsz. voorgeweden exceptie, als tegens de notoir waerheyt voorgestelt, teenemael komt te corrueren.

Wat nu het voorsz. tweede point aengaet, sullen hare Ho: Mo: in desen met ophalen de redenen waer door de voorsz. Oost-Indische Compagnie deser Uereenighde Nederlanden in den voorsz. Iare 1643. gesustineert heeft, gerechticht, ende genootsaeckt geweest te zijn, het voorsz. Schip la Bonne Esperance, ontrent Malacca aen te halen, ende te confisqueren; nochte oock in wat voegen het voorn. Schip de Henry Bonne Aventure, by den Schipper, ende het Engelsche Scheeps-volck 't eenemael was geabandonneert, met schriftelijcke verklaringe dat sy haer leven niet in pericul wilden stellen om daer van yets te salueren, ende dat sy dienvolgende wel mochten lijden, dat het voorsz. volck van de voorsz. Nederlantsche Oost-Indische Compagnie haer best deden om 't voorsz. Schip, ofte d'ingeladen [Page] Goederen van dien, soo veel doenlijck, te bergen, maer alleenlijck, dat over 't een ende 't ander verscheyde klachten gevallen zijnde, eyndelijck de voorsz. saecke geheel ende al inder minne is afgehandelt, ende daer over getroffen een finael Accoordt tusschen de voorsz. Oost-Indische Compagnie deser Uereenighde Nederlanden ter eenre, mitsgaders Jacob Pergens ende David Goubart, soo voor hem selven, ende als procuratie hebbende van William Courten, ende andere geinteresseerden in de voorsz. differenten ter andere zijde, ende dat voor een somme van vijf-en tachtich duysent Carolus Guldens, daer op oock het reel accomplissement ende d'effective voldoeninge van de zijde van de meergemelte Oost-Indische Compagnie is gevolght, als hy Heere extraordinaris Envoyé uyt de Copie van't voorsz. Accoort, met d' Acte van Borchtochie, mitsgaders ordonnantie en quitantie alle onder Num. II. hier by gevoeght, nader sal gelieven at te nemen, zijnde sulcks, dat de voorsz. David Goubart voor 5/16 is geweest Reeder ende Eygenaer van't voorsz. Schip la Bonne Esperance, ende die van tijdt tot tijdt daer over uyt den hoofde van de gesamentlijcke Reeders het bewint heeft gehadt, gelijck hy oock in die qualiteyt het selve Schip aen den voorn. William Courten verhuyrt ende dienhalven de certe partije gemaeckt ende geteeckent hadde, behalven dat noch daer en boven den voorn. Jacob Pergens tot 't geene voorsz. is, van alle de bordere Reeders ende Eygenaers was geauthoriseert, by procuratie substitutiel op hem gepasseert den 12/22 Mey 1648. daer van en den gemelten Heere extraordinaris Envoyé, indien hy sulcks soude mogen desidereren, mede Copte ter handt gestelt sal worden, hebbende vervolgens den voorn. Jacob Pergens den voorsz. David Goubart, mitsgaders oock alle desselfs mede Reeders uytgekoft, ende effectuelijck voldaen, als hem Heere extraordinaris Envoyé, met exhibitie van dr contracten ende quitantien daer over gemaeckt, ende gepasseert, ende noot zijnde, mede gedoceert sal worden.

Ende ten eynde hem Heere extraordinaris Envoyé voorn. oock blijcken moge hoe abusivelijck tegenwoordieh in dispute getrocken wert de qualiteyt die den voorn. Jacob Pergens tot het afmaecken van de voorsz. questie gehadt heeft, soo zijn hier by gevoecht onder Num. III. de procuratie daer toe den 27 Octob./6 Novem. des Iaers 1645. by den voorn. William Courten op den selven Pergens gepasseert, mitsgaders twee solemnele transporten van de voorsz. geheele Actie, 't eene van den 10 December, 1647. ende 't ander van den 22. Februarij 1648. daer op gevolcht.

Ende hoe abusivelick de voorsz. tegen woordige Pretendenten daer tegens hebben gelieven te poseren, dat de voorn. Paulus Pindar, uyt wiens hoofde sy luyden zijn agerende, al op den 19 December des Iaers 1642. Stilo Angliae, by transport van den voorn. William Courten, ende Edward Littleton, de voorgerderde Actie soude bekomen hebben, kan handtastelijck blijcken eerstelijck uyt de Missive van den overleden Koningh van Groot Britannien Hooghst: Gedacht: over, 't selve subject aen hare Ho: Mo: geschreven den 9. October des Iaers 1647. daer by Hoochst-ged: sine Majestyte uytdruckelijck [Page] verklaert, het recht over de voorsz. twee Schepen hier boven breeder geroert den voorn. William Courten, ende sulcks niet den gemelten Paulus Pindar te competeren, recommanderende dienvolgende, dat daer over aen den selven Courten satisfactie moge gedaen werden, ende noch naerder uyt de Missive by meer Hoochstged: sijne Majesteyt ten selven dage eschreven aen den Heer Boswel, doenmaels van sijent wegen alhier geresideert hevvende, waer inne naer eene gelijcke verklaringe, den gemelten Heer Resident Boswel, by sijne Majesteyt expresselijck gelast wert, sich over 't voorsz. subject ten vollen te laten informeren van den voorn. Jacob Pergens, als hebbende het maniement van Mr. Courten's affairen n i Hollandt, ock hem Jacob Pergens daer inne te raden, ende van tijdt tot tijdt be hulpelijck re zijn, naer sijn vermogen, welcke beyde Brevien mede hier nevens gevoecht zijn onder Num. IV. daer by haer Ho: Mo: noch souden konnen voegen gelijcke brieven van het Parlament van Engelandt, ende meer andere Acten tot confirmatie van't geene voorsz. is, indien de selve haer met verseeckert hielden, dat den meer gemelten Heere extraordinaris Envoyé Downing, ende den Koningh van Groot Britannien sijn Meester, naer soo een solemnele verklaringe, ende voorschriit van sijne Majesteyts Heer Uader onsterfel: Gedacht: haer desen aengaende ten vollen sullen houden voldaen; konnende echter niet voorbygaen, sijne Majesteyt alhier in passant te informeren, hoe den voorn. Paulus Pindar, onaengesien t geene voorsz. is, in den Iare 1650. ende 1651. noch gelieft heeft gehadt door sijne gemachtighden Jonas Abeels (welckers procuratie oock noth voor handen is) de Bewinthebberen van de Oost-Indische Compagnie ter Cameae tot Amsterdam, over 'tgeene voorsz, is, in Rechten te betrecken, voor Schepenen de selver Stede, ende aldaer te concluderen dat de gemelte Bewinthebberen gecondemneert souden mogen werden, aen den voorn. Pindar te betalen ende by provisie te namptiseren de voorsz. somme van vijf-en tachtich duysent Carolus Guldens, by 't voorgeroerde Accoort aen den voorn. Pergens ende Goubart belooft, met den interesse van de selve somme, zedert den dagh van den voorsz. Accoorde, tot de effectuele genietinge toe, als by Extract uyt het Register ofte de Rolle van Schepenen voorsz. onder Num. V. hier by gaende, breeder kan werden afgenomen, edoch doenmaels aen den voorn. Pindar of desselfs Gemachtighde 't geene voorsz. is voorgehouden, ende mogelijck oock hem door meer andere proeven, die mits het verloop van tijdt als nu hare Ho: Mo: niet konnen gesuppedieert werden, zijn notoir ongelijck vertoont geweest zijnde, heeft hy daer op de voorsz. buyten verder vervolgh gelaten, ende zedert de selve tijdt tot nu toe, dat wy konnen bevinden, dare over noyt eenige verdere poursuite hier te Lande gedaen, sulcks dat hare Ho: Mo: haer ten hooghstden verwonderen, dat d' Executeur van sijn Testament in den voorsz. Iare 1654. de onbeschaemtheyt gehadt heeft van die saecke wederom levendigh te maecken voor Commissarisen in 't selve Iaer van wederzijden als boven gecommitteert, ende aldaer uyt saecke voorsz. te doen den voor geroerden enormen eysch van over de twee-en-seventich [Page] pondent Sterlings, ende noch veel meer, dat sijne Erfgenamen of yemandt anders nyt sijne hoofde, de voorsz. nu soo volkomentlijck gemortificeerde Actie, noch wederom na soo solemnele Tractaten van den Iare 1654. ende 1659. heeft derven ophalen, ende daer over den Koningh van Groot Britannien importuneren, mitsgaders Ho: Mo: de moete vergen om soo ouden ende ongefondeerden saecke andermael na te sien; ende versoecken hare Ho: Mo: mitsdien, dat hy Heere extraordinaris Envoyé voornt:, alle het selve aen den Hoochst-gedachten Koningh van Groot Britannien soodanich gelieve te representeren, dat sijne Majesteyt daer over tegens de Uervolgers van dien, moge betonen sijn rechtveerdich resentiment, op dat annere daer door mogen werden afgeschrickt, sijne Majesteyt ende haer Ho: Mo: over diergelijcke oude, ende albereyts gemortificieerde actien, verder importuyn te vallen. Aldus gedaen ende gearresteert ter Uergaderinge van de hoochgemelte Heeren Staten Generael in's Gravenhage den 22 Junii 1662.

JOHAN van SCHRECK

Ter Ordonnantie van de selve

J. SPRONSSEN.

Replique du Chevalier GEORGE DOVVNING Envoyé Extraordinaire de Sa Majesté de la Grand Bretagne, &c. Sur la Response des Estats Generaux des Provinces Unies, sur son Memoire du 20 Avril 1662.

Delivrée aux dits Estats le 14. Julii 1662.

LE soussigné Envoyé Extraordinaire de sa Majesté de la Grande Bretagne, &c. ayant reçeu, examiné & consideré la Response de leurs Seigneuries les Estats Generaux des Provinces Unies, du 22. Juin dernier, sur'son Memoire du 20. Avril precedent, pour autant que le dit Memoire concerne deux Navires Anglois appartenants à Londres, l'un appellé la Bonne Esperance, & l'autre appellé le Henry Bonaventure, trouve que la matiere de fait dont on a fait des plaintes n'est aucunement deniée, mais confessée & recognue. Mais touchant sa demande lâ dessus pour satisfaction & reparation aux personnes endommagées, il semble que leurs Seigneuries le voudroient eviter sur deux fondements.

Le premier, sur celuy des Traictés es Années 1654 & 1659.

Le second, Que mesme sans lesdits Traictés il ne leur appartient ou reste aucun droit à cause de la ditte pretention.

[Page] Quant au premier, le dit Envoyé Extraordinaire ne peut qu' observer, que non obstant que leurs Seigneuries au commencement de leur Reponie alleguent fortement les dits Traitez, & a la fin d'icelle accusent les personnes qui demandent satisfaction, de grande impudence, parce qu'ils osent (comme il leur plaist dire) faire revivre ou mettre en controverse ces affaires ou pretentions, & d'en importuner le Roy de la Grand Bretagne, & de fairs que leurs Seigneuries prennent la peine de les examiner: il n'y a pourtant dans la ditte Response pas un mot pour expliquer comment ces choses sont esteintes & abolies par les dits Traittéz, & certainement ceux qui voudroient par encre & papier donner satisfaction pour des dommages si considerables, devroient parler clairement & distinctement, & mettre hors toutes disputes ce qu'ils pretendent & alleguent, dont le dit Envoyé Exraordinaire ne trouve dans la ditte Response aucun mot: & s'il avoit pû trouvet dans la plus exacte & pleine examination d'icelle la moindre couleur & fondement pour alleguation de cette nature, il ne les auroit pas importuné d'une Response sur ce point: Mais leurs Seigneuries luy donneront permission d'affirmer qu'il ne trouve ny en l'un ny en l'autre des dits Traittés aucune chose qui puisse empescher cette reclamation.

Quant au Traitté de l'An 1654. il esteint vrayement toutes pretentions au regard des dommages faits durant la derniere guerre, comme il appert par le troisiesme Article d'iceluy, mais ces choses estoient faittes long temps auparavant, & n'y ont aucune relation, & le dit Traitté estoit si loin de les abolir ou esteindre, que par le 30. Article d'iceluy un moyen particulier & extraordinaire a esté specifie pour donner satisfaction d'icelles, & si on pouvoit avoir pretendu que les complaignants n'avoient poursuivi ou accomplice que de leur part devoit estre poursuivi & accompli selon le dit Article, ou que les choses eussent esté par iceluy aucunement finies & determinées, où qu'il y auroit eu quelque clause ou mot denotant que le choses qui par ce moyen ne seroient esté terminées, non obstant que les complaignants auroient poursuivi & accompli ce que de leur part devoit estre poursuivi & accompli, seroient neantmoins abolies & coupées; il y pourroit vrayement avoir esté mis une belle pretention contre eux: mais les personnes endommagées combien qu'ils attendoient peu de bien des Usurpateurs en ce temps là, estans tout à fait hors de faveur à cause de leur fidelité extraordinaire envers sa Majesté de glorieuse memoire, & trois d'ioeux de nom exceptez & condemnez dans tous leurs biens: neantmoins se voyans dans la derniere necessité ou de poursuiure le dit Article & faire leur demande ou estre pour jamais exclus & coupés de leur droit, une demande fut faite devant les Commissaires seants a Londres, dans le temps limité par le dit Article, & poursuiuie, comme il apparoistra par▪ l'escrit cy annex marque B Num. I. mais le temps de 3. mois limité'aux dits Commissaires fut expiré sans donner aucure sentence ou determination d'icelle: Et quant à l'autre remede mis dans le dit Article, à sçavoir par Commissaires des Cantons Protestants des Suiffes pour determiner dans 6 mois apres, toutes choses qui ne seroient decidées par les dits Commissaires à Londres; s'ils se fussent ensemblez à cette fin, et les personnes interessées dans les dits Navires ne se fussent addresses à eux, alors il y eust pû avoit quelque couleur de pretention contre eux: mais ils ne se sont jamais assemblez, aussi n'estoit ce leur affaire, ny en leur pouvoir de les faire assembler. Et consequemment cela ne leur estoit pas prejudiciable qu'ils n'avoient pas esté assemblez: mais au contraire une-matiere de grief & d'injure, au seul advantage de la Compagnie Orientale de ce Pays, laquelle par ce moyen les a detenus tant d'années d'avantage sans satisfaction. Posé que les Commissaires, que par le dit Article se devoient assembler à Londres ne l'eussent jamais esté, ou qu'ils n'eussent esté qu'apres le 18. May, le jour prefix par le dit Article, apres lequel ne seroit admise aucune allegation, en pourroit on de là tirer un argument contre les Parties pour les frustrer de tous autres remedes ou que leur pretentions seroient esteints par le dit Traitté? L'argument est le mesme à l'esgard des autres Commissaires, lesquels se devoient assembler apres en Suisse; tellement qu'il n'y a rien plus clair que les personnes interessées dans les dits Navires demeurent iu statu quo, & à leur liberté de demander justice & satisfaction par autres voyes.

Et quant au Traitté de l'An 1659. il n'y peut encore rien estre plus evident & manifeste qu'en ce que le dit Traitté ne coupe ny exclude cette afffaire dans la moindre chose, [Page] parce que la clause generale à la fin d'iceluy n'exclud, ny n'abolit pas generalement routes les affaires qui estoient cognues à Londres le 20. Janvier 1659. mais seulement (comme il appertpar la ditte clause,) telles affaires qui estoient arrivées environ le temps que les Navires le Postillon, Frederic, Francoys & Jean, furent pris, ou apres, & non pas, auparavant, dont la cognoissance estoit venue à Londres le 20. Janvier 1659. Et l'occasion d'inserer cette clause generale estoit cellecy, qu'environ le temps que le Postitton, &c. furent pris & confisquez dans les Indes Orientales par la Compagnie Orientale Flamende ou un peu apres, & que ce futsçeu â Londres le 20 Janvier trois ou quatre autre Navires Anglois furent arrestez par la ditte compagnie Orientale, mais apres quelque temps relaschez pour pourfuivre leur voyage, & ayant á la sin consenty icy de donner satisfaction pour le Postillon, Frederic, Françoys & J [...], lequels avoient esté pris & confisquez, on insista absolument (comme quelques una de leurs Seigneuries sçavent fort bien) & à la fin apres longs debats fut accordé, que s'ils vouloient donner satisfaction raisonnable pour ce qu'ils avoient pris & garde, une clause seroit inserée pour couper les autres pretentions, pour des choses seulement arrestées pour quelque temps, mais apres rendues, & sur ce seul poinct fut inserée la ditte olause, & tellement couchée qu'elle s'estendroit seulement là, & non pas outre: clest a dire d'abolir toutes pretentions pour toutes choses qui estoient arrivées dans les Indes Orientales environ le temps que le Postillon, &c. furent pris, ou apres, & non pas auparavant, bomme il appert par la clause mesme cy annex marqué B Num. II.

Tellement que leurs Seigneuries ne peuvent que voir combien loin il est d'aucune prejudice ou contrarieté aux dits Traittéz des Années de 1654. & 1659. d'avoir à cest heure mis cette pretension sur le Tapis, & sur ce point on se pourroit avoir es [...]argi beaucoup plus: Mais puis qu'il a pleu a leurs Seigneuries de l'admettre; le dit Envoyé Extraordinaire n'adjouste plus la dessus, mais seulement de les faire souvenir, que ny l'un ny l'autre des dits Traictés estoient faits avec le Roy son Maistre ny avec aucun de ses Predecesseurs, & par consequent qu'il n'est aucunement obligé en droit de les advouer: Et cela estant ainsi, & que tout ce que sa Majesté fait en les admettant, n apoint d'autre fondement que fes inclinations envers ce Pays: ne seroit ce pas une reconnoissance bien estrange & une juste cause de provocation, & telle que sa Majesté ne peut aucunement souffrir, de ne se monstrer bien satisfaits de leur accomplissement & observation, selon la naifue & genuine teneur d'iceux, mais de les detourner â unsens forcé & extorqué aux prejudice de ses Subjects, & tel dont on n'a pas songé au temps qu'ils ont esté faits, et qu'on n'eust pû avoir demandé des Usurpateurs mesmes avec lesquels ils furent faits, ny de sa Majesté s'ils eussent esté conclus avec luy ou avec aucun de ses Predecesseurs.

Or quant à la seconde objection: à scavoir, que mesmes sans les dits Traictez il ne leur appartient ou reste aucun droit à cause de la ditte pretension: Pour preuve dequoy il a pleu à leurs Seigneuries d'alleguer deux choses.

Premierement, les raisons par lesquelles la Compagnie Orientale de ce Pays, sonstint avoir pû avec justice & avoir esté contrainte d'arrester & confisquer le Navire la Bonne Esperance; & quant au Henry Bonadventure, qu'il estoit entierement abandonné par le Patron & Matelots, & qu'ils estoient contens & ne firent aucun difficulté que le peuple de la Compagnie Orientale de ce Pays sauvast le dit Navire avec sa charge.

Secondement, Que ceste affaire a esté en fin entierement & absolument terminée à l' amiable par un dernier accord entre la ditte Compagnie des Indes Orientales de ces Provinces Unies d'une part, & Jacob Pergens & David Goubard tant pour luy que comme ayant procuration de William Courten & autres interessez; & ce pour la somme de quatre vingts cinq milles livres tournois, à quoy la ditte Compagnie, a reellement & effectivement satisfait en suitte.

Quant au premier de ces arguments, le dit Envoyé Extraordinaire ne peust que remarquer que leurs Seigneuries n'y insistent pas du tort, mais seulement le touchent en passant, ny mesme ne le marquent pas de leur caractere, l'appellants seulement les raisons de la Compagnie, & sans specifier aucun d'eux en particulier; & en effect ce n'est pas marveille, puis qu'on ne pouvoit commettre une plus grande & inexcusable violence & vollerie, que celle de la prise de la Bonne Esperance, un Navire appartetant [Page] à Londres, envoyé de lá, tout chargè des Marchandises Angloises & Portugaises, (ces deux Nations estans alors en paix avec ce Pays) & allant de Goa vers Maccao, toutes deux places appartenantes aux Portugais, & cesans que ceux de la Bonne Esperance eussent donné le moindre sujet ou occasion de cette violence: ll ne se peut aussi voir une plus grande inhumanité que. la demiere, le Navire le Henry Bonaventure n'estoit pas abandonné par le Patron on Mattelots, comme il appert pas les escrits cy annexes marqués C Num. I, II, IV. Mais quelques uns d'eux ve [...]ans aux Flamens, pour les prier de les assister pour sauver leur Navire & Marchandises, ils ont pris & gardé tout pour eux mesmes: Et quant à ce qui est ditd'un certain escrit signé par eux, qu 'ils ne vouloyent hazarder leur vies pour sauver quelque chose: Leurs Seigneuries trouverout r̄eponse suffisante là dessus par les dits escrits, que les Anglois continuerent de demeurer en leurs Navire, & qu'ainsi par les loix & droits de Gens cem'estoit pas naufrage: Et encore qu'ils ont assisté pour sauver les Marchandises & les provisions du dit Navire, comme il se voit par les dits escrits, aux quels vous me permettre adjouster que la ditte Compagnie depuis s'est accordée avec les Portugais, de leur payer la somme de cent milles Patacons pour leur interest dans les Marchandises qui estoient dans la ditte Bonne Esperance, de laquellesomme quatre vingt mille Patacons furent actuellement payez: & quant aux Anglois dans le dit Navire, & dans le Henry Bonaventure, quoy qu'ils n'estoient pas du toirt favourisés du appuyés en ce miserable temps par ceux qui avoient alors en leurs mains le gouvernement; neantmoins la ditte Compagnie (pour gaigner quelque pretexte de les avoir donn é quelque satisfaction) paya à un certain Jaques Pergens & Goubard la somme de 85000 guldens, & ce dans un temps auquel ses affaires de sa Majesté decedce estoit enson Royaume dans le plus grand disordre & confusion sans pouvoir donner la moindre assistance à quelque Anglois outre mer, estant environ le temps de son tres execrable meurtre: & personne ne doutera que srle ditte Compagnie Orientale s'avoit pû aucunement justifier ce qu'avoitestê fait, ils n'eussent pas payé à eux telle somme, specialement en un tel temps.

Quant au second argument; dans icelny est vrayement la vie & la force de cest affaire, & si l'accord fait avec Pergens & Goubard est un bon accord, à Dieu ne plaise que la Compagnie des Indes Orientales, en soit derechef importunée, mais s'il n'est pas tel, les reclamants ont une belle & libre voye ou verte pour demander satisfaction.

Quant a la pretention de Goubard, elle est seulement sur 5. parties de 16. du Navire Bonne Esperance, mais il navoit rien à faire avec le Navire Henry Bonaventure, ny avec la charge de l'un ny de l'autre: & quant a son accord en ce qui touche son particulier, on l'admet pour bon & sans question: Mais quant au dit Pergens qui n'estoit pas interessé dans les Navires ny dans leur charge, mais reclame en vertu d'une certaine procuration & transports de Willem Courten: le dit Envoyé Extraordinaire respond que la ditte procuration & transports estoient tout à fait vuids & nuls, comme il appert par l'escrit cy annex marqué D Num. l. par lequel le dit Willem Courten avoit absolument transporté end' Année 1642. tous ses droits & interests dans les dits Navires au Sieur Paul Piudar & au Sieur Eduard Littleton, & ce sur une consideration valide pour la somme de 88000. livres sterlings somme capitale prestée à Iuy.

Et outre cela, le dit Gourten estoit declaré insolvable & Bankroote pour la somme de 150000 livres sterlings (procedes de ses grandes pertes aux Indes) long temps devant la date la ditte procuration & transports donnés au dit Pergens, comme il appert par l'escrit cy annex marqué C Num. III & estoit consequemment par les loix de toutes les Nations incapable pour faire aucun Acte de disposition de ses biens.

Et il n'est pas hors de propos d'observer que quoy que la Compagnie Orientale de ce Pays, desirant fort de gaigner quelque pretexte, comme s'ils avoient achevé cette meschante affaire, paya cette petite & inconsiderable somme de 85000 guld. (car en effect elle estoit telle, non en sa consideration, mais en comparaison de ces pertes & domages) neantmoins elle scavoit alors si bien, combien peu de fondement avoit la pretention du dit Pergens, qu'ils ne luy payassent un denier qu'apres les avoir donné bonne caution de rendre la ditte somme avec l'interest, s'ils seroient cy apres troublez [Page] cette affaire, comme il appert par l'escrit cy annex marqué D Num. IV. laquelle securité est tousjours bonne, de sorte que la ditte Compagnie n'y peut rien perdre.

Et pour ce qui est en outre allegué, comme si le dit Pergens avoit effectivement payé & contenté tous les autres interessés dans les dits Navires, si cela fut vray ils seroient fort à blamer de demander satisfaction pour la seconde fois: Mais cela est absolument faus, ny est ce qu'aucuns des reclamants ayent jamais receu du dit Pergens ou d'aucun autre sur cette compte directement ou indirectement la valeur d'un denier.

Et quant aux deux Lettres escrittes par sa feu Majesté touchant cette affaire en l'année 1647. l'une à leurs Seigneuries, & l'autre au Sieur William Boswel, qui estoit alors son Resident en cette Cour, le dit Envoyé Extraordinaire ne se peut assez esmerveiller, que leurs Seigneuries feroient aucune mention d'icelles. Qu'estoient ces Lettres si non Lettres de recommendations en termes generaux? Sa Majesté estoit elle alors en condition, pour examiner au fond, ou regarder dans les affaires? Avoit il son Conseil ou son Admirauté aupres de luy? Il sçavoit que William Courten avoit equippé les dits Navires devant la guerre civile en ses Royaumes, & estoit informé que les dits Navires furent pris par la Compagnie Orientale Flamende: Et qu'est ce qu'il demandoit en ses dittes Lettres? Seulement qu' avec assistance de leurs Seigneuries la ditte Compagnie Orientale pourroit estre induite à la raison, comme sont les mots dans fes Lettres à vos Seigneuries, & au Sieur William Boswel, pour urger que satisfaction de 68880. livres sterlings, pourroit promptement estre faitte par la Compagnie Orientale de ce Pays: Mais si cette satisfaction qui se doit faire au dit Sieur Courten, devroit estre faitte au Sieur Paul Pindar, & au Sieur Eduard Littleton, & à ceux qui reclament sous eux, ou audit Pergens, ny l'un ny l' autre Lettre n'en parlent point: & encore qu'elles en avoient parlé, cela n'eut en aucune facon alteré ou determiné l'affaire dont il est question. Qu'il me soit permis demander à vos Seigneuries, si vous prenez quelque Lettre du Roy mon Maistre pour preuves & evidences pro ou contra, combien qu'escrittes sur la meilleure & la plus exacte examination, (luy à peine recommandant quelque affaire, jusques à ce qu'il l'aye premierement fait considerer, examiner, & rapporter à luy par quelques uns de son Admirauté ou Conseil privé) vous les faites seulement un fondement pour regarder & examiner les affaires, & ne juges pas selon eux, mais selon que vous trouvez les affaires sur la preuve & evidence. Et comment vient il, que ces Lettres de sa Majesté sont produittes en cette sorte? Si les transports du dit Courten aux Sieurs Pindar & Littleton sont bons, rien de cette nature les peut faire invalides, ny s'ils estoient invalides, les faire bons.

Quant à ce que leurs Seigneuries touchent, que le Sieur Paul Pindar, es Années 1650. & 1651. a poursuivi les Directeurs de la ditte Compagnie Orientale devant les Eschevins à Amsterdam par Jonas Abeels, son procureur, mais faisoit tomber le proces, & ne l' a point renouvelé pour autant qu'ils sçavent, & par là veulent suggerer, que le dit Sieur Pindar auroit estre convaincu: Le dit Envoyé Extraordinaire replique, que le manquement de la poursuitte n'estoit pas sur un tel fondement, mais causé par la mort dudit Sieur Pindar, par laquelle la procuration du dit Abeels aussi cessoit, & la guerre s' alluma un peu apres entre Angleterre & ce Pays, a la fin de laquelle les personnes interessés dans les dits Navires, poursuivirent leur reclamation devant les Commissaires qui s'assemblerent alors à Londres, & auroient voulu faire le mesme en Suisse, si l'instrument lesquel y devoit estre envoyé, eust este envoyé, & des Commissaires assemblez la dessus, l'envoy duquel instrument & la convocation desquels Commissaires n'estoit pas leur affaire, ny en leurs pouvoir de la faire.

Et pour ce qui estoit de quelque recommendation apres ou demande à leurs Seigneuries, leurs personnes estoient trop noires aux yeux de ceux qui gouvernoien̄t alors pour esperer quelque chose de cette nature, & demeuroient ainsi sans esperance & assistance jusqu'au Retoor de sa Majesté tres sacrée, nostre legitime Roy & Souverain, lequel voyant ces miserables & fidelles subjects encore sans satisfaction, & neantmoins (par bon heur) point exclus par quelque Traittez ou transactions faites en ces temps là, apres meure deliberation & advis de son Conseil Privé, par sa Lettre datée à Whitehal le 21 Mars, recommanda fort cette affaire à leurs Seigneuries. Et le dit Envoyé Extraordinaire a encore par la penulti éme poste reçeu un autre Ordre du dit Conseil, de [Page] demander & insister instamment que prompte satisfaction soit faitte aux dittes personnes, & avec toute diligence faire rapport à eux, de ce qu' aura esté fait: Et ainsi il demande par celle cy que tels ordres soyent donnez, que la ditte Compagnie Orientale sans plus de delay leur paye ce qui leur est deu pour les dits Navires & Marchandises, lesquels ont esté si long temps & avec telle violence detenus de eux à la ruine de tant de familles, & au profit inestimable de la ditte Compagnie Orientale, laquelle n'a pas seulement joüy, durant tout ce temps, du benefice de leur argent, mais aussi par là entierement discourage & ruiné le Commerce des Anglois pour China, & ces quartiers là, & l' attiré quasi entierement à eux mesmes: Faict a la Haye le 1 3/ [...] Juliet 1662.

GEORGE DOVVNING.

The Reply of Sir George Downing, Envoy Extratraordinary of His MAJESTIE of Great Britain, &c. delivered the 13. of July 1662. upon the Answer of the Estates General of the United Provinces, to his Memorial of the 20. of April last.

THE underwritten Envoy Extraordinary of His most Sacred Majestie of Great Britain, &c. having received, examined and considered the Answer of their Lordships the Estates General of the United Provinces, of the 22 of June last past, to his Memorial of the 20. of April foregoing: In so far as the said Memorial did concern two English Ships belonging to London, the one called the Bona Esperanza, and the other called the Henry Bonaventure; finds that the matter of fact complained of, is not in the least therein denied, but confessed and acknowledged; yet as to his demand thereupon for satisfaction and reparation to the persons injured thereby, their Lordships endevour to avoyd it upon a double ground:

First, Upon the account of the Treaties made in the Years of 1654. and 1659.

Secondly, That though the said Treaties were not, yet that the persons claiming have no right to what they demand.

Now as to the first, the said Envoy Extraordinary cannot but observe, that though their Lordships do in the beginning of their said Answer strongly alledge the said Treaties; and towards the end thereof, do accuse the person demanding satisfaction of great impudence for daring (as they are pleased to term it) to revive these pretences, and to importune His Majestie therein, or trouble their Lordships with so much as the examination thereof: yet notwithstanding throughout the said Answer, there is not so much as one word to explain how these matters are extinguished or voyded by the [Page] said Treaties; and certainly those who would make satisfaction for so considerable damages by Ink and Paper onely, had need make out very cleerly and distinctly, and past all dispute, what they pretend and alledge; of which nature the said Envoy Extraordinary finds not one clause or word in the said Answer, and could he in the strictest and throughest examination thereof, have found the least colour or ground for an allegation of that nature, he would not have troubled them with an Answer to that particular; but their Lordships must give him leave to affirm that he doth not find in the one or the other of the said Treaties, any thing that doth extinguish or debar this demand.

As for the Treaty of 1654. it doth indeed (as is set down in the third Article) bar and cut off all pretences in respect of damages during the late War; but these were matters which hapned many years before, and had no relation thereunto; and which the said Treaty was so far from abolishing or taking away, as that by the 30. Article thereof a perticular and extraordinary way was set down for the making satisfaction for them. And if it could have been pretended that the persons complained had not of their part persued and fulfilled, what was of their part to be persued & fulfilled by vertue of the said Article, or that these matters had been thereby in any kind ended or determined, or that there had been any clause or words denoting that what matters should not be that way determined, notwithstanding that the parties complaining should have accordingly done and fulfilled what was thereby required to be ontheir part done and fulfilled, should yet be abolished and cut off, there might then indeed have lain from hence some pretence against them; but the persons injured, though expecting very little good from the then Usurping Powers (being all of them out of favour, upon the account of their extraordinary loyalty to His late Majestie of glorious memory) and three of them excepted by name, and forfeited as to their whole Estates; yet seeing themselves in that exigency, that either they must in persuance of the said Article put in their claim or be debarred their rights; a claim was put in before the Commissioners sitting at London, within the time limited by the said Article, and pressed and persued, as will appear by the Writing hereunto annexed, marked with the letter B. Num. I. but the three months time limited to the said Commissioners did expire, without giving any sentence or determination therein; and as to the further remedy set down in the said Article, (viz.) Commissioners of the Protestant Cantons of Switzerland, to determine all such matters within six moneths after as were not decided by the aforesaid Commissioners at London, if they had met accordingly; and that the persons claiming interest in these Ships had not addressed themselves unto them, there might then indeed have been something of a colour and pretence against them; but they never met, nor was it their business, nor in their power to cause them to meet, nor consequently could their not meeting be any prejudice to them; but on the contrary, a matter of grievance [Page] and injury, to the only advantage of the East-India Company of this Countrey, who have thereby kept them from satisfaction so many years more: Suppose the Commissioners who by that Article were to meet at London, had never met; or suppose they had not met till after the 18. of May, the day prefixed by that Article, after which no newallegation should be admitted, should from thence an argument have heen drawn against these persons, that they were cut off from all other remedy, or that their pretences were extinguished by that Treaty? and the argument is the same as to those other Commissioners, who afterwards were to have met in Switzerland; so that there is nothing more clear than that the persons interessed in those Ships remain in statu quo, and at liberty to demand justice and satisfaction by other means.

And for the Treaty of 1659. there is nothing also can be more cleer than that that Treaty does not in the least cut off or debar this matter; the general clause in the end thereof not debarring or cutting o [...] all matters generally that were known in London the 20. of Jan. 1659. but onely (as may appear by the said general clause thereof) such matters as hapned about the time that the Postillion, Frederick, Francis and John were taken, or afterwards, not (or before) but (or afterwards) known at London the 20. Januar. 1659. and the occasion of incerting that general clause was this, about the time when the Postillion, &c. were taken and confiscated in the East-Indies by the Dutch East-India Company, or a little after, and which was known at London the said 20. of January, there were three or foure other English Ships stopped in the East-Indies by the said Dutch East-India Company; but after some time set at liberty to persue their respective Uoyages; and it being at last yeelded unto here to give satisfaction for the Postillion, Frederick, Francis and John, which had been taken and confiscated, it was absolutely insisted upon (as some of their Lordships very well know) and at last after long debate consented unto, that in case they would make reasonable satisfaction for what they had taken and kept, a clause should be incerted to cut off those other pretences for what they had onely stopped for some time, but afterwards set at liberty; and accordingly upon this single score that clause was incerted, and was so penned as to reach its end and no further; that is to say, to cut off all pretences for all matters hapned in the East-Indies about the time the Postillion, &c. were taken or afterwards, (not or before) as it appears by the Writing marked with the letter B Num. II.

So that hereby their Lordships may see how far the now setting on foot the pretences of the persons interessed is from being in any kind prejudicial or contrary to the Treaties of 1654. or 1659. concerning which much more might be said, but that their Lordships are pleased having made this objection themselves, to wave it, and to admit the debate of this matter, upon which account also the said Envoy Extraordinary says no more of it, but only to put them in mind that the said Treaties were neither of them made with the King his Master, nor [Page] with any of His Predecessors; and consequently, there lies not upon him the least obligation in point of right to take any notice of them; and that being so, and that their being admitted by His Majesty, is meerly out of good nature and kindness, would it not be a strange requital, and a just cause of provocation, and indeed such as His Majestie can in no wise suffer, not to rest well satisfied with the accomplishment and observation of them according to their literal and genuine meaning? but to put a forced and extorted sense upon them, to the prejudice of His Subjects, and such as was never intended at the making of them, nor could never have been demanded or expected from the Usurpers themselves with whom they were made, nor from His Majestie, if they had been made with Him or with any of His Predecessors.

Now for the second Objection, (viz.) That though the said Treaties were not, yet that the persons claiming have no right to what they demand; for the making good thereof their Lordships are pleased to alledge two things.

First, those reasons by which the East-India Company of this Countrey maintain that they might with justice, yea that they were constrained to seise and confiscate the Ship Bona Esperanza; and for the Henry Bona Adventure, that she was wholly abandonned by her Master and Mariners; and that they were willing, or made no difficulty to suffer the people of the East-India Company of this Countrey to save the said Ship with her Lading.

Secondly, that this matter hath been intirely and absolutely ended by an amicable accord between the said East-India Company on the one part, and Jacob Pergens and David Goubart on the other part, and that for a valuable consideration of 85000. gilders; which summe hath been in persuance thereof really paid by the said Company.

Now as to the first of these Arguments, the said Envoy Extraordinary takes notice that their Lordships do not insist upon it, but only (as it were en passant) hint thereat; nor do they so much as put their own stamp upon them, onely calling them the said Companies Reasons, and without setting down any of them in perticular. And indeed no wonder, seeing that a greater and more uncolourable violence and robbery could not have been committed than was that of the taking the Bona Esperanza, a Ship belonging to London, set out from thence, laden onely with English and Portugais goods, both at that time in peace and amity with this Countrey, and bound from Goa to Maccao, places both belonging to the said Portugais, and without the least occasion offered by the said Ship, nor could there be a greater in humanity and barbarism than the latter; the Henry Bona Adventure not being abandonned by her Master and Mariners, as will appear by the Writings marked with the letter C Numb. I. II. IV. but only some of them coming to the Dutch, and praying for their assistance towards the saving of their ship and goods, they under the notion of assisting them take and keep all to themselves: And for what is said of a certain Paper signed by them, that they would [Page] not hazard their lives to save any thing, their Lordships will find sufficiently proved by the said Writings, that the English did actually continue in their Ship, and so that it was no Wrack by Law: Moreover, that they did assist in saving the goods and Ships provisions, as is abundantly proved in the said Writings; to which give me leave to add, that the said Company did since agree with the Portugais to pay them 100000 Rials of eight for their Interest in the Goods in the said Bona Esperanza, whereof fourescore thousand was actually paid; and for the English concerned both in the said Ship, and in the Henry Bona Adventure, though they were such as for their Loyaltie could have nothing of favour or countenance in in their concernments, nor indeed have common justice done therein in the late distracted Times; yet the said Company did (to gain something of a pretence, as if they had made satisfaction to them) pay unto Jacob Pergens and Goubart the summe of 85000 gilders, and that in a time when the affairs of His late Majesty, in His Kingdomes, were in the greatest disorders and confusion, and not capable to give the least protection to any English man beyond the Seas, being about the time of His most execrable murther; and so no man will doubt but that if the said East-India Company could have justified in any measure what was done, they would not have parted with such a sum of money, especially at such a time, upon pretence of any damage done to the English.

Now as to the second Argument, herein is indeed the life and force of this matter; and if the Agreement made with the said Pergens and Goubart be a good Agreement, God forbid the East-India Company of this Countrey should be called upon again; but if this be not a good Agreement, then the Pretenders have a fair and free way open for their demanding satisfaction.

Now as to Goubart his pretence, is only to [...]/16 of the Ship Bona Esperanza, but had nothing to do with the Ship Henry Bona Adventure, nor with the Lading of either of them; and as for his Agreement, in so far as his personal concernment went, it is admitted for good and not questioned; but as to the said Pergens, who had no interest in either of the Ships or their Lading, but claims by vertue of certain Procurations and Transports from William Courten: The said Envoy Extraordinary doth answer that the said Procurations and Transports are utterly voyd and null, as appears by an Indenture hereunto joyned marked with the letter D Num. I. whereby the said William Courten had in the Year 1642. absolutely transferred all his right and interest in the said Ships unto Sir Paul Pindar and Sir Edward Littleton, and that upon a most valuable consideration for the sum of 88000 pounds sterling, principal money lent unto him.

And moreover the said Courten was declared insolvent for 150000. pounds sterling, by reason of his great losses in the Indies, long before he gave the said Procurations and Transports to Pergens, as appears by the Writings of the letter C Num. III. and consequently was incapable by the Laws of Nations for the doing of any [Page] act for the disposal of his goods: And it is not amiss to observe, that though the East-India Company of this Countrey, out of their desire of gaining something of a colour to have ended this foul business, did part with that inconsiderable and pitiful summe of 85000. gilders, (for so indeed it was, not in it self, but in comparison of these losses and damages.)

Yet that they were at that time so advised of the ungroundedness of the said Pergens his pretences, that they did not part with a far thing to him till he had given them good security to repay the said money, with interest, in case they should be further troubled in this matter, as appears by the Writings marked D Num. IV. the which security is still good, so that the said Company can be no Losers thereby.

And for what is further alledged, as if the said Pergens had really and effectually paid and contented all the other persons interessed in the Ships and Lading; if this were indeed so, it would be justly blame-worthy for them to demand satisfaction a second time; but it is utterly false and untrue, nor hath any one of the persons pretending ever received from the said Pergens, or any other, upon this account, directly or indirectly, the value of one farthing.

And as to the two Letters written by His late Majesty concerning this business in the Year 1647. the one to their Lordships, and the other to Sir William Boswel, His then Resident in this Court; the said Envoy Extraordinary cannot but greatly wonder that their Lordships should so much as mention them? what were those Letters but Letters of Recommendation, and in general terms? And was His Majesty at that time in a condition strictly to examine or look into matters? had He His Councel or His Admiralties about Him? He knew that William Courten had set out those Ships before the Civil War in His Kingdoms, and had been informed that the said Ships had been taken by the Dutch East-India Company; and what did He demand in His said Letters, but onely that by the States General their help the said East-India Company might be brought to reason, as are the words in His Letter to them; and as are the words in His Letter to Sir William Boswel, to press that satisfaction for 68884 pounds sterling, might speedily be made by the Netherlands East-India Company; but whether that satisfaction to be made to the said Courten was to be made to Sir Paul Pindar and Sir Edward Littleton, and those that claim under them, or to be made to Pergens, neither of those Letters do speak; and if they had, yet would not that in the least alter or determine the case in hand: Let me ask your Lordships whether ye take any of the King my Master His Letters to be proofs and evidences pro or contra, though written upon the best and through'st examination (He scarce recommending any matter till first considered and examined, and reported to Him by some of His Admiralties or Privy Councel; but only make them a ground to look into and examine matters, and judge not according thereunto, but as you find matters upon the proof and evidence.

[Page] And how comes it to pass that these Letters of His late Majesty are produced in this kind? if Pindar and Littleton's Transports from Courten be good, nothing of this nature can make them invalid; nor if they were invalid, make them good.

And for what their Lordships do hint that Sir Paul Pindar did in the Years 1650. and 1651. prosecute the Bewinthebbers of the East-India Company, before the Magistrates at Amsterdam, by one Jonas Abeels his Procureur, but did then let the said Suit fall, nor hath to their knowledge since revived it, and so would thereby insinuate as if the said Pindar had been convinced of his error, and thereupon let it fall: The Envoy Extraordinary doth reply, that the fall of the said Suit was not upon any such ground, but was occasioned by the death of the said Pindar, by which the said Abeels Procuration also ceased, and the War between England and this Countrey broke out a little after; at the ending whereof, the persons interessed in the said ships did enter and persue their claim before the Commissioners that then met at London; and would have done the like in Switzerland, if the Instrument which was to have been sent thither, had ever been sent, and Commissioners met upon them: the sending of which Instrument and convoking of which Commissioners was not their work, nor in their power to do.

And as for having their affairs afterwards recommended to their Lordships in any perticular way, their persons were too black in the eys of those that then ruled, for them to hope for any thing of that nature, and so remained hopeless and helpless till the Return of His most Sacred Majesty our rightful and lawful King and Soveraign; who finding these His distressed and most loyal Subjects without satisfaction, and not excluded from it by any Treaties or Transactions made in those Times; upon full deliberation and advice of His Privy Councel, was pleased by His Letters dated at Whitehall the 21. of March last, earnestly and perticularly to recommend this matter to your Lordships as appears by the Writings marked with the letter A, under the Numbers of I, II, III, IV, V. and the letter D, under the Numbers I, II, III. And the Envoy Extraordinary hath moreover by this last Post but one received another Order from the said Councel further, instantly to demand and insist that satisfaction be forthwith made to the said persons, and to report with all speed what He shall do therein to them: And he doth accordingly earnestly demand that such orders be given, as that the said East-India Company do forthwith, without further delay, pay unto them what is their due for their said ships and goods, which have been so long and so violently held from them to the ruine of many families, but to the inestimable gain of the said Company; who have not only all this while enjoyed the benefit of their Moneys, but thereby also utterly discouraged and overthrown the Trade of the English to China and those Parts, and ingrossed the same wholly to themselves.

Given at the Hague July 13. 1662. N. S.

GEORGE DOVVNING.

Memorandum,

[Page]

THat Sir George Downing sent his Secretary several times, to the Deputies of the States General (that were appointed to Treat in English affairs) for a Copy of these Reasons, bywhich the East-India Company (as was mentioned in the States Answer) could justifie the taking of the Ship Bona Esperanza, nay that they were constrained to seise and confiscate the same, that there might not remain the least apprehension that the fact was justifiable; the said Reasons were often demanded, and although a short Memoriall to that purpose was given in to the States before the Reply, yet could not be obtained. It's to be notified, by the Pieces or Copies of Writings received by Sir George Downing with the States Answer in Dutch, and numbred with several Figures, are under these significations, the Paper marked Nomb. I. is the Claim exhibited by Mr. William Tombes (Executor to Sir Paul Pindar) for 72346 l. before the Dutch and English Commissioners in the year 1654.

The Papers marked with Nomb. II. are the Agreements between the Company and Pergens, the Acquittance for 85000 Gilders, the Order to the Treasurer, and the Caution given for the said money by Peter Bondan Courten.

The Papers marked with No. III. are Copies of the Procuration and the two pretended Transports or Bills of Sale from Mr. Courten to Mr. Pergens.

The Papers marked with No. IV. are Copies of the late Kings Letters from Hampton Court in the year 1647. the one to the States Generall, and the other to Sir William Boswell.

The Paper No. V. is the Conclusion of Jonas Abeels, upon his Action or Complaint before the Magistrates of Amsterdam for the said 85000 Gilders: But as to the Insinuations and Arrests of Jonas Abeels, or the Declaration of the Schepens thereupon: the Company had not instructed the said Deputies of the States to make any Answer to them, nor unto the Reasons aforesaid.

Authentique Copies of the Acts, Deeds, and Writings, delivered by Sir George Downing with the Reply to the States Answer, with the several Letters and Numbers under these significations following.

THe Deeds from William Courten to Sir Edward Littleton, and from both to Sir Paul Pindar, marked with the Letter D No. I. II.

The Depositions of the Witnesses taken in the Court of Admiralty, concerning the matters of fact and Damages, marked C No. I. II.

The Certificate from the Commissioners upon the Statutes made concerning Banckrupts, marked C No. III.

The Agreement between the Mariners and Adrian Vanderstell, concerning the Henry Bona Adventure, marked C No. IV.

Sir Paul Pindars Procuration to Jonas Abeels, D No. IV. Anno 1647.

The Summons and Proceedings before the Magistrates or Schepens at Amsterdam, B No. I.

The Certificate of Sir Paul Pindar's Death, B No. III.

The Acts and Proceedings of William Tombes before the Dutch and English Commissioners, Anno 1654. B No. II.

The Petition of Tho. Newman and the Mariners, to the said Commissioners, Anno 1654. B No. IV.

The Petition of Henry Powell on behalf of himself and the Creditors claiming under the Statute the Damages of both Ships, Anno 1654. B No. V.

[Page] The Petition of Sir John Ayton, George Carew, and Charles Whitaker to the King A No. I.

The Deed of Assignment from Sir Edward Littleton to George Carew, John Ayton, and others, D No. III. Anno 1656.

Letters of Administrations granted to George Carew, of Sir William Courten's Estate, and of Sir Paul Pindar's to Sir William Powell, A No. II.

Several Proeurations to George Carew from Commissioners of Banckrupt, from Sir William Powell, Sir John Ayton, Thomas Kynaston and the rest of the interessed, A No. II. III. IV. V.

§

§

Notwithstanding all this, the report went at the Hague, that the Kings Commissioners appointed to Treat with the Dutch Embassadors at London, had excluded us from any extraordinary remedy by the Treaty, whereupon I presently sent this Letter following to the said Commissioners.

These for the Right Honourable George Duke of Albemarle, and the rest of the Commissioners appointed by the Kings most Excellent Majesty to Treat with the Dutch Embassadors.

Right Honourable,

MAY it please your Lordships, I am commanded by the Creditors of Mr. Courten, Sir Edward Littleton and Sir Paul Pindar, that have entrusted me with their perticular Complaint against the East-India Company of the Netherlands, to give your Honors an Accompt of my Transactions at the Hague, with these following Considerations; that a right understanding might prevent the Miscarriage of their business. A Demand was made of the States General (on their behalf) in the Kings Name upon His Majesties justly grounded Letters of Recommendation. The Bewinthebbers of the Company at the first Treaty offered 85000. Gilders, with Interest since the Year 1649. (provided I would by consent simul & semel commence the Suit against them and Jacob Pergens before the Magistrates at Amsterdam) in Satisfaction. Afterwards the States of Holland perswaded them to decline any further Treaty, upon pretence the King had promised their Embassadors that no Damages in the East-Indies should be insisted upon before the 20. of January, 1659. I shall not trouble your Lordships with perticulars, but refer your Honors to the enclosed printed Reply given unto the States Impertinent Answer of the 22. of June last.

The Interessed of the Ships Henry Bona Adventure and Bona Esperanza are above Three hundred several persons, many of them Orphans and Widows, whose Fortunes were bound up in the sad and deplorable condition of those two worthy Gentlemen, Sir William Courten and Sir Paul Pindar, That lent the late King (of ever blessed memory) 95000 l. for the Ordinary support of his Crown, before the late War, and borrowed 120000 l. upon their Credit, to carry on the China and East-India Trade, by the late Kings especial appointment and Commission, in the Year 1636. which the Dutch by Violence and Rapine have destroyed, and yet the Complainants not any ways satisfied, included or excluded by any Agreement, Treaty or Confederacy in the Years 1649. 1654 & 1659.

Since the Reply to the States Answer was dispersed in English, French and Dutch, most of them are ashamed of themselves, and several of the Provinces are much troubled for the Injuries and Oppression we have suffered, and will protest [Page] against the rest, if we have not speedy Reparation made answerable to our Damages.

The persons concerned would rather perish than ask any thing inconsistent with the Honour or Safety of the King and Kingdome, and they should forseit their owne judgement and reason to Imagine that the King would put His Subjects into a worse condition than the Treaties of Oliver and Richard the Usurpers had left them; or, that the Commissioners appointed in this Treaty should allow the Preamble lately sent to the Dutch Embassadors to incert before the Articles (newly started, contrary to the Instructions of the 10. of May last) intending by general words to make voyd all private Actions depending between the Subjects of England and the People of the United Provinces, opposite to the Law of Nations and all Common Right.

The King was graciously pleased to promise that he would not insist upon Commissioners for Damages of His Subjects in Europe before 1654. or in the East-Indies before 1659. but leave them to other Remedies: But in this extraordinary Case of Oppression and Injustice, the King recommended it to the States General for their Examination; and if we should now accept of 85000 Gilders with Interest, in full satisfaction for such great Damages so highly disputed by the Kings command, and most precise Orders of the Councel-board; It were not onely to admit of the Companies silent Reasons for Taking the Ships, but equally to betray the Dignity of the King and His Crown, the Strength and Courage of His Subjects, and the Justice of our Case; which we cannot do for consequence sake, being ready for Judgement in a way of State at the Hague, and some of the Company willing to give Satisfaction in this our Case as the States shall appoint.

The Holland Interest is Trade, and their Business to Discourage all others but themselves: When they are called to Accompt for Violencies and Robberies committed at Sea, their Pensioners or Statesmen give ill language, and would insinuate to the King, that it obstructs the good Intelligence held between the Crown of England and the States of Holland; whereupon they have taken great advantages, and by those mistakes have been further encouraged to proceed in their wicked practises; knowing that to Implead them in their own Courts of Judicature, would but add Mischief to Misery, being both Parties and Judges themselves: Yet, if they lose but a Herringboat, the whole Province is concerned to recover it, or satisfaction.

They are a Generation made proud and insolent by the condiscention of Princes, and so much the more considerable in the World, as the King of Great Britain is pleased to grant them in Treaties and Alliances: They are men not to be obliged by Kindness, the Soveraignty being in the Common people, who are altogether insensible of Honour, living upon the spoils of Nations, and growing rich by the vanity, sloth and excess of their Neighbours.

My Lords, Admit the King should refuse to Treat without caution to perform their Articles, rather than they would want the benefit of English Harbours in Winter, or the Countenance of Great Britain all the year, they will subscribe to any condition; knowing that France and Spain holds correspondency no longer than they have a fair opportunity to reduce them to their first principles, or requite them in some other kind.

The Frontier Towns are wholly kept by English, Scotch and French, that know both the strength and weakness of their Countrey, and they are forced to continue their Armies as much to govern by an Arbitrary way at home, as to defend themselves from Invasion abroad; their Shipping must be supplyed by Strangers that are not any way concerned for the defence of their Countrey, therefore the King may take his advantage, and set a valuable price upon his owne Inheritance which God and Nature hath endowed him withall.

My Lords, I know they hunger after a nearer Alliance with the King, and had rather be at Enmity with the whole world than not in Amity with England. They term the Union with the King like man and wife. I humbly beseech you, in the name of all the Interessed persons for whom I am concerned, that by some special Provisoe in the Treaty, Ours being an extraordinary Case, It may be reserved to such Remedies as the King and His Councel shall think fit; otherwise, all English men beyond the [Page] Seas that have heard the noise of this Case, will despair of any protection, and resolve if the King cannot have that Reputation throughout the world that no Kingdome or Nation whatsoever shall dare to affront His Merchants at Sea, their Trade will be wholly left to them that so earnestly persue it. I beg your pardon for my boldness, and leave all to your grave wisdoms and considerations, subscribing my self

From my Lodgings at the House of Nassau in Papa Street at the Hague, July 17/25. 1662.

Your Honours most faithful and humble Servant George Carew.

The third Memoriall of Sir GEORGE DOVVNING to the States Generall.

THe underwritten Envoy Extraordinary of His most Sacred Majesty of Great Britain, &c. is very sorry that he must still reproach their Lordships, that yet to this day since the Return of his Master into His Kingdomes, there is not one Example made by them or their Order for satisfaction and reparation to any of His Subjects, in any of those many and grievous Complaints, which in His Name, and by His special Orders have been from time to time made unto them; the which their Lordships must think cannot but neerly touch such a King and such a Neighbour, and the more when He considers how frequent the Examples of their Justice were in the dayes of those who usurped His Crowns and Authority; and also how many Examples have been of His Justice from day to day towards their Subjects at the request of their Embassadors, by the interposition of His Royal Authority.

And though it is now a considerable time since he the said Envoy Extraordinary did give in to their Deputies, his Replies upon what had been given him by them concerning the Ships Bona Esperanza, Henry Bona Adventure, and the Ship Charles; by which it appears to the whole World, how groundlesse and frivolous were the Shifts and Pretexts which those who have done these Robberies and Uiolences would avoyd the making satisfaction for them, yet he hath not since that time heard one word from them or from their Lordships concerning them.

And he doth herewith further complain, that a certain English Ship called the Content of London, whereof one William Jordan was Commander, sailing out of the Downs, in the Month of October last, for the Coast of Africa, was there in a hostile manner set upon [Page] by two ships belonging to the West-India Company of this Country, the one called the Golden Lyon, and the other the St. Barbara, and taken, the People stripped and plundered; and he doth demand that satisfaction and reparation be forthwith made to the persons interessed, as also to those concerned in the Experience, the Ship Daniel, Brazil Frigot, Leopard, St. John Baptist, and others, concerning which, complaints have been made to their Lordships.

And de doth hope that he shall at last be able to give an account to His Master of the reall effects of their Justice, without which it is but a prostituting of His Honour and Dignity to continue the sending His Subjects hither, and endeavouring to obtain reparation for them in this neighbourly and friendly way. Given at the Hague this 6/16 August 1662.

George Downing.

The Answer of the Lords States General (Translated out of the Dutch Original) to Sir GEORGE DOVVNING's Third Memoriall.

THE States General of the United Provinces, &c: having seen, examined, and considered, a certain Memoriall delivered by Sir George Downing Envoy Extraordinary from His Majesty of Great Britain, &c. in his late conference with their Ho: Mo: Deputies; as also his Memorialls presented from time to time, concerning the Ships called the Bona Esperanza and Bona Adventure: After mature deliberation; they have thought fit to declare by these presents, that their Ho: Mo: did not in the least doubt, but that the said Envoy Extraordinary, and the King His Master, would have acquiesced in the particular informations and circumstances comprehended in their Ho: Mo: Answer on the 22 of June last, touching the same Subject, protesting that they did only cause this to be done for better information and no otherwise; but finding contrary to what was expected, their Ho: Mo: can assure the said Envoy Extraordinary, and the King His Master, with all truth and sincerity, that they find nothing in the said Memoriall, nor in the said Pieces joyned, that can in the least weaken the force of the said Information, whereupon their Ho: Mo: would inlarge themselves, were it not that by the Treaties of 1654 and 1659. these, as also all other pretences, known by the one side or the other, before that time ought to be considered, as matters extinguished, whereby their Ho: Mo: think it not fit to enter into any dispute with the said Sir George Downing, being that the same hath been presented to His Majesty by the Embassadors of this State, and caused the said matter to be deliberated on in his Councell, who did acquiesce therein, as it doth evidently appear by His Majesties solemn Answer, Signed by one of His Secretaries of State, and delivered to them on the 25 of May last; as likewise in his Majesties solemn Declaration made to the Embassadors in their Audience at Hampton Court, the 4. of July last; and their Ho: Mo: do only depend upon His royal Word passed at that instant, as also upon those reasons which are equitable and just, passed in their Ho: Mo: Assembly at the Hague, the 26 of August 1662.

Second Reply of Sir GEORGE DOVVNING Envoy Extraordinary from His MAJESTY of Great Britain, &c.

[Page]

Presented to the Estates General the 1. of Sept. 1662.

THE underwritten Envoy Extraordinary of His most Sacred Majesty of Great Britain, &c. having yesterday received the Resolution of their Lordships the Estates General of the United Provinces, of the 26. instant, in rejoinder to his Reply of the 13. of July last, concerning the ships Bona Esperanza and Bona Adventure; and having considered and examined the same, finds it only to contain thus much: That their Lordships did not doubt but that he the said Envoy Extraordinary, and the King His Master, would have acquiesced in their Answer of the 22. of June last; and that they do not find any thing in the said Reply, nor in the pieces thereunto joined, that can in any kind weaken the force of their said Answer; and this is the whole of their said Resolution: But as to the producing of any new matter on the behalf of the East-India Company of this Country, whereby to better their cause, or to shew or make out that the matters set down in the aforesaid Reply, and made good by the pieces thereunto joined, were in any kind ill founded or mistaken: The said Envoy Extraordinary doth not therein find one word or syllable of that nature.

Were this a dispute between their own Subjects, it might suffice for them despotically to affirm that they do not find that the reasons given by the person injured, in reply to what is said by the person doing the injury to be of value, and to command him to acquiesce in the Declaration of that their pleasure or opinion; but this dispute is not between them and their Subjects, but between them and their Neighbours, between the King His Master and their Lordships, and His Subjects and theirs; and it is their Subjects that have done the wrong, and who did forcibly assail and attack His Subjects, and by violence take from them their ships and goods, and are yet in possession of them, and this is confessed: And so it is not enough that their Lordships are well contented and satisfied, but it will be expected that they do either clearly and perticularly refute and take away what is said in the said Reply, on the behalf of His Majesties Subjects who are thus grieved and injured, or cause satisfaction and reparation to be forthwith made; or else His Majesties intercession in an amicable way is at an issue, and he must betake himself to such other means as are capable to right His Subjects.

And for what their Lordships are pleased to say, that they should have enlarged themselves further, but that this matter ought to be [Page] looked upon as extinguished by the Treaties of 1654 and 1659. The said Envoy Extraordinary doth answer, that this is a begging the question; it being not only utterly denied in the aforesaid Reply, that this matter is in any kind debarred or mortified by either of the said Treaties; but it is in the said Reply perticularly and at large shewn how far they are both of them from any thing of that nature: And on the other hand, their Lordships neither in the abovesaid Answer of the 22. of June, nor in this their Resolution (though they would thus pay His Majesties Subjects with Ink and Paper) do not in either of them so much as hint at any Article, Clause or Paragraph of the said Treaties, by which this matter should ve so mortified and extinguished.

And for the Paper of the 15 of May last, signed by one of His Majesties Secretaries of State, and delivered to their Embassadors at London, upon which they would found that His Majesty had consented to the mortification of this businesse: The said Envoy Extraordinary cannot but greatly wonder at an allegation of this nature; What was then the dispute? was it about mortifying or not mortifying of matters before or after, such time or times? that was not the dispute, but only from what time matters should be decided by Commissioners; and as to this, His Majesty was pleased in that Paper to declare himself that he did acquiesce in what was urged by their Embassadors, and that he would not press any further Retrospect then 1654. as to matters out of the East-Indies, and 1659. for matters in the East-Indies, as to the taking cognisance of them by Commissioners, and as to what his Majesty should have said in the Audience he gave their Embassadors at Hampton Court the 4 of July last: The said Envoy Extraordinary doth reply, that their Lordships have in writing, and so hath he the said Envoy Extraordinary what His Majesty did then say, and he doth positively deny that there is therein any word or syllable concerning the business of these two ships, or that doth in any kind concern the point in hand; and for the verifying hereof, he refers to the Paper it self; nor did at that time or any other time any thing passe His Majesty or His Commissioners in any conference with their Embassadors, other, then that for matters before 1659, in the East-Indies, his Majesty would not insist to have them decided by Commissioners, but that he did ever yeild that they should be cut off from all other remedies, this is utterly denied; and if he had, to what purpose had been the continued Orders of his Majesty and his Privy Councel for the pressing satisfaction in this business? it being to no manner of purpose to have pressed for satisfaction while the Treaty was in hand, for a business which was to be cut off by the said Treaty, in case it came to a close; it being beyond doubt that if their Lordships had had assurance that the said matter was to be cut off by the said Treaty, there was nothing of satisfaction to be expected, untill they saw the issue thereof.

The said Envoy Extraordinary cannot but further take notice, that their Lordships in their foresaid Resolution speak not a word of their [Page] agreement with Pergens; nor is it strange, seeing the transport by which he claims, bears date some years after Courten had made over all his interest in the said ships to Sir E. Littleton and Sir P. Pindar, for the sum of 68000 l. sterling money lent to him; and moreover, that the said Courten was insolvent at the time of his making the said Transport to the said Pergens, and consequently uncapable by the Laws of Merchants, both in England, here, and elsewhere, to dispose of one farthing.

Moreover, the said Envoy Extraordinary cannot but let their Lordships know upon this occasion, that since the giving in of his Reply there are certain authentique writings and Papers come to hand at London; by which it appears that Sir Paul Pindar upon the 25 of May 1648. hearing that the Directors of the East India-Company of this Country were in Treaty with Pergens, did by his Procurer Jonas Abeels insinuate to the Directors of the said Company at Amsterdam his arrest and attachments, and declared himself to be the true Proprietor of the said ships, and of all dammages and losses thereby, protesting against the said Company in case they should make payment to any other: Moreover, that upon the 10 of Novemb. 1648. the Senators or Eschevens of Amsterdam did declare the Arrest of the said Jonas Abeels to be good and valid, and adjudged the same to be so; and the agreement made with Pergens was not till the 18 of Septem. 1649. so that this transport to Pindar is not a thing that hath been kept conceal'd till now, but the said Directors had timely and legal notice and advertisement thereof, but did notwithstanding thereof agree with Pergens, he proffering to acquit them for so small a summe as that 85000 Gilders; and that if they should have been able to have made good this agreement, they had for a matter of nothing ended a business of this value, and if they could not yet were sure not to be losers, the said Pergens giving them good security in that case to repay the said money with Interest, after the rate of 4 per cent for such time as he should have it in his hands, and which security is yet good.

Moreover, upon the 26 of Novemb. 1649. which is about seven weeks after the aforesaid Agreement, the Senators or Eschevens of Amsterdam did again declare the attachment and arrest of Jonas Abeels to be valid, and the Law to be on Sir Paul Pindar's side, with all costs and dammages.

And although such a rejoinder as this of their Lordships, in a case of this nature, could not but seem very strange at any time, yet much more at this, when it is known to all men that the conclusion or breaking off the Treaty with His Majesty, and consequently the good correspondence of his Kingdoms and these Provinces, depends singly upon the issue of this business; and if his Majesty were no ways satisfied with their Answer of the 22 of June, what can be expected to be the issue of this Resolution? And if it shall be said, what? will his Majesty stop a whole Treaty of that nature upon a perticular business? The Answer is ready, that it is not his Majesty but their Lordships that do stop the Treaty upon this business; [Page] his Majesty did not desire nor intend that so much as mention should be made thereof in this Treaty, but to have left it to its course in the way it is; but their Lordships did of late offer certain preambles and general clauses to be inserted into the Treaty for the utter mortifying and extinguishing of it, or at least (as they have since been pleased to qualifie it) for the removing it out of the amicable way in which it is now, and hath been these many months depending between their Lordships and him the said Envoy Extraordinary; and in which it is so far advanced, that all in a manner hath been said that can be said on either side, and thereby to put the persons who have already suffered so many years, and by which some of them have been utterly ruined, to a new, vast and endless dispute and charge elsewhere, the which their present low condition, and His Majesties honour can in no ways admit; especially when he considers that in the year 1659. the business of the Postillion, Frederick, Francis, and John, three Ships of London taken about Bantam in the East-Indies, by some Ships of the East-India Company of this Countreywas examined, debated, and determined, not by the ordinary Judge, but in a politick way by their Lordships, in like manner as is now actually depending the business of these two ships.

And the said Envoy Extraordinary cannot but put their Lordships in mind upon this occasion, that their Lordships in their Resolution of the 10. of May last, given to him by their Agent de Heyde, will find that then there was no preamble before the Article concerning Commissioners, whereby to mortifie matters before 1654. and 1659. respectively; yea that toward the close of the said Resolution they would perswade to have accepted the term of 1659. for Commissioners, as well out of the East Indies as in the East-Indies, upon this Argument, that though the Commissioners should only have taken cognisance from 1659. yet that such whose grievances were before that time, should not be deprived, but have their liberty of other remedies: And if their Lordships please to look over the Memorial of him the said Envoy Extraordinary of the 28 of June last, and which was the occasion of the Audience of the 4 of July following, given by his Majesty to their Embassadors, they will find the words of the said Memoriall to be expressly these; (That His Majesty was content that nothing should be put upon the List of Damages, to be decided by Commissioners, as to matters happened in the East-Indies, which were known at London the 20. of Jan. 1659. but would leave them to other remedies. These are the express words in the said Memorial, whereby their Lordships may perceive how far it was from ever being imagined, much less intended, that by yeilding Commissioners from 1659 all matters before that time should be cut off from all other remedies, and absolutely mortified.

And if it shall be objected, that if satisfaction should be made for these two ships, that it might be an Incouragement and give occasion to others to bring in their antiquated complaints also: It is answered, that though his Majesty might with justice have insisted [Page] hereupon, and the rather considering how many of his best Subjects were sufferers by this Country during the late Broils in his Kingdoms; yet it hath pleased his Majesty (to shew His strong passion to have this Treaty happily concluded) to admit of their late preamble, whereby all differences of this kind before 1654. out of the East-Indies, and all differences in the East-Indies before 1659. are mortified, excepting only the business of the two ships; for the obtaining satisfaction for which he is obliged both in honour and word; so that if the Treaty come to a conclusion this objection is out of Dores; but if not, others whose number is not small, as well as the persons interessed in these two ships, will put in for justice.

And whereas it is commonly scattered to and again, as if although the business of these two ships were excepted or ended, that yet new difficulties and matters would be proposed on the part of His Majesty, and so the Treaty still kept oft: The said Envoy Extraordinary doth demand of their Lordships what one difficulty hath been propounded on His side for these six or eight months, other than that one which deserves not be mentioned, viz. the having of some other to be Umpire, and not the Switzes; and this being so, he cannot attribute reports of this nature to any thing but very bad information, or no great desire at least of having the Treaty brought to a good issue; and he doth assure their Lordships, that as the dispute about these two ships, its being brought into the Treaty, arose not from His Majesty, but from this State; so that no new matter will be propounded by Him or His Commissioners, but that the business of these two ships being reserved to be continued in the way in which they are, or immediately if their Lordships see good, brought to an issue, the Treaty will be forthwith concluded: the which His Majesty doth, and all good men ought, to their utmost, to desire and promote, for the avoiding those deluges of miseries which the breaking off thereof will certainly let in; and it is an easie matter when waters are within their bounds to keep them so; but very hard to return them to their old Channels when they have found a new one.

Given at the Hague the 30 of August 1662.

George Downing.

§

§

AFterwards the States General made several Resolutions, or pretended to make such Resolutions, to send for their Embassadors from ENGLAND, without any Effects of the Treaty; whereupon their Embassadors went several times to the King and chief Ministers [Page] of State, solemnly to crave their Credential Letters to be gone; which were prepared ready for them, and His Majesty ordered the Secretaries of State that they should be delivered as soon as they pleased to call for them: But afterwards the Embassadors, upon better consideration, entred into further conference with the Kings Commissioners, and concluded the Treaty with the Clause in the XV. Article, containing these words within a Parenthesis (hoc excepto, quod scilicet qui se jacturam passos dicunt in duabus Navibus, videlicet, Bona Aventura & Bona Esperanza, poterunt litem inceptam prosequi) which litem inceptam was agreed after three weeks debate on it before the Treaty, and concluded, that it should be understood and construed to be in the way it now depended between the King and the States General, and not left to the ordinary course of Justice in Holland.

The Articles of the Treaty being thus agreed and concluded, after they were signed by the Embassadors and Commissioners, the Embassadors sent them away by a Gentleman of their owne, with a Letter to the States General.

Articuli Foederis & Amicitiae inter CAROLUM II. Magnae Britanniae, &c. Regem, & Ordines Generales Foederati Belgii.

POstquam Divina Providentia nuperos in Anglia motus suaviter composuerat, & Serenissimum Magnae Britanniae Regem ad avita Regna ac dominia sua, admirabili quodam populorum applausu reduxerat, dictus Dominus Rex eò statim curas & cogitationes applicuit, ut pacem, amicitiamque cum Vicinis & Confoederatis suis vel continua [...]et, vel redintegraret. Ex omnibus autem Gentibus, quae cum dicto Domino Rege, vel cum Regiis Praedecessoribus suis unquam sociatae sunt, nullas Celsis ac Praepotentibus Ordinibus generalibus Foederati Belgii praeferendas esse censuit; tum quod dictus Dominus Rex, ejusque Praedecessores propensum semper, & benevolum Animum [Page] erga dictos Dominos Ordines, eorumque Rempublicam ostende int, tum quod mutua subditorum dicti Domini Regis Dominorumque Ordinum Generalium commoda & commercia, & praesertim ejusdem religionis professio, singularem quandam affectûs, & consilii unionem, ad uttiusque populi stabilimentnm & incrementum postulare videantur. Cumque dicti D. Ordines moti super memoratis rationibus nihil antiquius habuerint, quam ut omnimodò pristina foedera inter dictum D. Regem dictosque Dominos Ordines renovarentur, & firmiori nexu stringe entur: Ideoque Legatos suos Extraordinarios in Angliam miserint Dominum Ludovicum de Nassau, Dominum de Lecke, Beverwaert, Odiocke; Simonem van Hoorn, Consulem & Consiliarium Urbis Amstclodamensis, Deputatum in Consilio ordinario Hollandiae & Westfrisiae; Michaelem van Gogh antehac Syndicum & Consiliarium Urbis Flissingensis, Deputatum ad rationes Provinciales Zelandiae; Joachimum Ripperda de Fermsum Urbis Appingadam, Helm, Uytwaarda, Marsum, Byrsum, Salweert & Eversum; Deputatos Hollandiae, Zelandiae & Groningue & Omlandiae in consessu Ordinum Generalium, ad arctiorem firmioremque pacem & amicitiam cum dicto Domino Rege ineundam: placuit dicto Domino Regi deputare ex parte sua Commissarios & Procuratores suos è secretiori sacrae Regiae Majestatis Consilio Iohannem Baronem Robarts Custodem privati sigilli; Georgium Ducem Albemarle exercituum in Magna Britannia & Hybernia Capitaneum generalem & equorum Regiorum Magistrum; Edvardum Comitem Mancestriae, hospitii Regii Camerarium; Hieronymum Comitem Portlandiae; Densillium Baronem Hollis; Antonium Baronem Ashley Scaccarii Regii Cancellarium, & subthesaurarium; Carolum Barckly equitem auratum, hospitii Regii Thesaurarium; Georgium Carteret, equitem auratum & Baronettum, hospitii Regii Vice-Camerarium; Edvardum Nicholas, equitem auratum, unum, atque. Guilielmum Morice equitem auratum, alterum primariorum Regis Secretariorum, ut super proposito foedere cum dictis Legatis tractarent, concluderentque secundum Litteras plenae potestatis, utrinque exhibitas: Tandemque inter dictos Regiae Majestatis Commissarios ab unâ, Dominorumque Ordinum Legatos ab altera parte, conventum & concordatum est,

I.

Imprimis, quod ab hoc die sit vera, firma, & inviolabilis pax, amicitia, sincerior, intimior atque arctior Confoederatio & Unio inter Serenissimum Magnae Britanniae Regem, atque Celsos & Praepotentes Ordines Generales Foederatarum Belgii Provinciarum, Terrasque, Regiones, Civitatesque sub utriusque ditione sine distinctione locorum positas, earumque subditos, & incolas, cujuscunque demum gradus fuerint.

II.

Item uti dictus Dominus Rex, dictique Domini Ordines Generales, maneant Amici, Confoederati, necessitudine & amicitiâ conjuncti & adstricti, ad jura atque immunitates subditorum alterutrius contra quoscunque demum tuendas, qui utriusque status pacem, terrâ marive disturbare conabuntur, vel qui intrà alterutra dominia degentes publici utriusque status hostes denunciabuntur.

III.

Item quod dictus Dominus Rex, dictique Domini Ord: Gen: nihil agent, facient, molientur, tractabunt, aut attentabunt, adversus alterutrum vel subditos alterutrius, quocunque in loco, five terrâ, mari, portubus, districtibus, finibus, & aquis dulcibus, quacunque occasione: nec eorum alter, vel subditi alterutrius, dabit, praestabit, vel subministrabit ullum auxilium, consilium, seu favorem, neque quicquam agi, tractari vel attentari ab alio quoviscunque assentiet in damnum, aut praejudicium alterius, vel subditorum alterutrius, sed omnibus & singulis de gentibus vel commorantibus, vel existentibus inter alterutrius dominia, qui contra alterutrum quicquam agent, facient, tractabunt, vel attentabunt, uterque expressè, & cum effectu contradicet, renitetur, atque impedimentum realiter praestabit.

IV.

Item quod neque dictus Dominus Rex, vel dicta Respublica, neve ullus exsubditis alterutrius, incolis, aliisque in eorum ditione çommorantibus alterutrius, Rebelli quocunque subsidio, consilio, studio sovebit & adjuvabit, sed expressé contradicet, atque [Page] efficaciter obstabit, ne quid auxilii, aut adjumenti ab ullo, qui aut ex subditis, incolis, aut commorantibus in alterutrius Dominiis fuerit, ullis istjusmodi Rebellibus praedictis, seu sint Viri, Naves, Arma, bellicus apparatus, aliave bona interdicta, neque etiam, pecuniae, aut commeatus seu victualia, mari vel terrâ submittantur, aut suppeditentur: atque omnes Naves, Arma, bellicus apparatus, aliave bona interdicta, etiam pecuniae & commeatus ad quamcunque personam, vel personas pertinentia, quae contra sensum hu jus articuli submittentur aut suppeditabuntur, eidem parti (ubi personae contravenientes fuerint) addicentur, & in fiscum cedent: quin & ii, qui scientes & volentes quicquam contra sensum hujus articuli fecerint, commiserint, attentaverint, consiliumque dederint, utriusque partis hostes judicabuntur, atque ibi perduellionis poenas luent, ubi id commissum aut perpetratum fuerit: de specificatione autem earum mercium, quae prohibitae aut contrabandae censebuntur, posteà provisum erit.

V.

Item quod dictus Dominus Rex, dictique Domini Ordines Generales sibi mutuò, sincerè & fideliter (prout opus fuerit) contra alterutrius Rebelles terrâ marique opem ferent, viris & navibus eâ proportione, eoque modo, iisque conditionibus, de quibus postmodum convenerint, prout necessitas & rerum alterutrius ratio tulerit, sumptibus tamen & expensis illius partis quae auxilium rogaverit.

VI.

Item quod neque dictus Dominus Rex, neque dicta Respublica, subditive, rebellem vel rebelles, profugum vel profugos alterius declaratos, vel declarandos, in ejus dominia, terras, regiones, portus, sinus, aut districtus, eorumve aliquod recipiet, neque iis, vel eorum alicui in praedictis locis, vel alio quocunque etiam extrà sua Dominia, patrias, regiones, terras, portus, sinus, aut districtus, auxilium, consilium, hospitium, milites, naves, pecunias, arma, apparatum bellicum, vel commeatum concedet, praestabit, aut ministrabit: neve alteruter istjusmodi rebelles, profugos à quacunque personâ, vel personis recipi permittet in sua Dominia, patrias, regiones, terras, portus, sinus, districtus: nec istjusmodi rebellibus, profugis, ullum auxilium, consilium, hospitium, favorem, arma, apparatum, milites, pecunias, aut commeatum praestari, ministrari, aut concedi permittet, sed expressè, & cum effectu contradicet, obstabit, atque impedimentum realiter praestabit.

VII.

Item quod si alteruter, aliquem vel aliquos, suum vel suos fuisse vel esse rebellem, vel rebelles, profugum, vel profugos, & in sua Dominia, territoria, patrias, portus, districtus, vel eorum aliquod, receptum, vel receptos esse, aut ibidem commorari, satitare, vel profugium sibi quaetere, per litteras suas publicas, & authenticas alteri significaverit, & declaraverit: tum illa pars, quae hujusmodi literas receperit, vel cui taliter significatum, vel declaratum fuerit, intrâ spatium viginti octo dierum a die predictae significationis proximè & continuè numerandum, tenebitur dicto rebelli, vel rebellibus, profugo, vel profugis praecipere & mandare, ut extra sua Dominia, patrias, regiones, terras, districtus, & eorum quodlibet singuli exeant & recedant, & si quis praedictorum rebellium aut profugorum, intra decimum quintum diem, à die hujusmodi praecepti & mandati non recesserit & exiverit, singuli morte, & amissione praediorum, & bonorum mulctabuntur.

VIII.

Item quod nullus rebellis dicti Domini Regis Magnae Britanniae, in aliqua castra, oppida, villas, portus, districtus, vel alia loca seu privilegio donata, vel non donata, quae aliqua persona, cujuscunque status & dignitatis existat, vel existet, infra dominia, & territoria Foederatarum Provinciarum, quocunque jure vel titulo tenet, vel possidet, vel deinceps tenebit, vel possidebit, recipietur; nec in ea per aliquam personam, cujuscunque status & dignitatis fuerit, recipi, vel in iisdem commorari permittetur, aut tolerabitur: neque dicti Domini Ordines Generales alicui ejusmodi rebelli in locis praedictis, in navibus, militibus, pecuniis, commeatu aut alio quocunque modo, auxilium, consilium, vel favorem per aliquam personam, cujuscunque status aut dignitatis fuerit, de caetero dari aut praestari permittent, aut tolerabunt, verum id publicè & disertè prohibebunt, atque efficaciter impedient, & si [Page] aliqua persona, vel personae cujuscunque status aut dignitatis fuerint, manens vel degens, manentes vel degentes infra dominia Foederatarum Provinciarum, earumve potestates, contra hujusmodi conventionem aliquid fecerit, seu fecerint, quod tunc omnes & singulae personae taliter facientes, omnibus hujusmodi castris, oppidis, villis, praediis, caeterisque locis, quae illi, vel eorum alter eo tempore habent, aut habet, vel quocunque jure aut titulo se habere praetendent, vel praetendet, pro termino vitae suae exuentur, & privabuntur: pariter nullus rebellis dictorum Dominorum Ordinum Foederatarum Provinciarum, in castra, oppida, portus, caetera (que) loca, eorumve aliquod, sive privilegio donatum, sive non donatum, quod quaelibet persona, vel personae cujuscunque status aut dignitatis existat, aut existant, quocunque jure aut titulo tenet, aut tenent, possidebit vel possidebunt, infra Regna, vel Dominia dicti Domini Regis Magnae Britanniae recipietur, vel à quacun (que) persona, vel personis recipi, inibique versari permittetur, ne (que) dictus Dominus Rex Magnae Britanniae alicui ejusmodi rebelli in locis praedictis, in navibus, militibus, pecuniis, commeatu, aut alio quocunque modo, auxilium, consilium, aut favorem per aliquam ejusmodi personam, vel personas, cujuscunque gradus sit, de caetero dari aut praestari permitter, aut tolerabit, sed publicè & disertè prohibebit, & efficaciter impediet. Et si quis è dicti Domini Regis subditis vel infra illius Dominia contra ejusmodi conventionem quicquam secerit, vel attentaverit, omnes & singulae personae taliter facientes omnibus istiusmodi castris, oppidis, villis, praediis, caeterisque locis, quae illi, vel eorum alter id temporis habent, aut habet, vel quocunque jure, aut titulo se habere praetendent, aut praetendet, pari modo pro termino vitae suae exuentur & privabuntur.

IX.

Item quod dictus Dominus Rex Magnae Britanniae Subditique ejus, omnesque Majestatis suae Dominiorum Incolae; item praedictae Foederatae Provinciae, earumque Subditi & Incolae, cujuscunque ordinis & conditionis fuerint, ad sese mutuò rebus omnibus humaniter atque amicè tractandum obligabuntur, uti terrâ vel aquâ alterutrius Regiones, Oppida, Pagos, sive muro cincta, sive non cincta, sive munita, sive non munita, portus etiam, & universam partis utriusque ditionem in Europa liberè & securè adire possint, in iisque versari & commorari quamdiu voluerint, ibique sine ullo impedimento commeatum suum, usibus quantum necesse erit, coëmere, atque etiam negotiari, atque mercaturam facere, quocunque mercium genere ipsis videbitur, easque advehere suo arbitratu, aut exportare, dummodo, quae statuta sunt, portoria solvant; salvis etiam alterutrius Dominii legibus, ac statutis omnibus; Ita tamen ut Subditi & Incolae utriusque partis commercium suum exercentes in alterutrius Regionibus & Ditionibus, non obligentur imposterum plus portorii, Census, Vectigalium aut aliorum tributorum solvere, quàm pro rata proportione, quam alii Extranei solvunt in iisdem locis mercaturam exercentes.

X

Item quod naves, & navigia dictarum Provinciarum Foederatarum, tàm Bellica, & ad hostium vim propulsandam instructa, quàm alia, quae alicui è navibus Bellicis dicti Domini Regis Magnae Britanniae in maribus Britannicis obviam dederint, vexillum suum è mali vertice detrahent & supremum velum demittent, co modo, quo ullis retrò temporibus unquam observatum fuit.

XI.

Item in majorem Commercii & Navigationis libertatem, conventum & conclusum est, quod dictus Dominus Rex Magnae Britanniae, dictique Domini Ordines Generales, in Portus suos, Urbes & Oppida, non recipient, neque sinent ut ullus ex subditis alterutrius recipiat Piratas aut Praedones, iisve hospitium, auxilium, aut commeatum praebeant; verum operam dabunt, ut praedicti Piratae & Praedones, eorumve Piraticae participes, conscij, & adjutores in aliorum terrorem investigentur, capiantur, & merito supplicio puniantur, omnes naves, bona, & merces piraticè ab iis captae, atque in portus alterutrius Dominii advectae, quae quidem inveniri poterunt, imò etiam si venditae sint, justis Dominis restituentur, & satisfactio dabitur vel earum Dominis, vel iis, qui per literas procurationis eas res vendicaverint, modo [Page] ejus Dominii debitis ex lege probationibus, in Curia causarum maritimarum appareat.

XII.

Item non permissum erit subditis Regiae Majestatis, Incolis Regnorum, aut terrarum illi obedientium, aut Incolis & Subditis Federati Belgij hostile aliquid, aut violentum invicem moliri, aut facere, sive mari, sive terra, nullo praetextu aut colore: & per consequens non licitum erit dictis subditis aut incolis ab aliquo Principe aut Statu, quibus cum alterutro Foederatorum discordia aliqua, aut bellum apertum est, literas patentes (quas commissiones vocant) aut repressalias impetrare, & multò minus vi istarum literarum subditos alterutrius Foederatorum aliquâ molestiâ aut damno afficere: neque etiam permissum erit armatoribus extraneis, non subditis uni aut alteri Confoederatorum, habentibus commissiones ab aliquo alio Principe, aut Statu, ut in portubus unius aut alterius partium praedictarum naves suas instruant, ea quae ceperunt, vendant, redimere faciant, aut alio modo quo cunque mutent, tam naves, mercimonia, quàm alia onera quaecunque; & nequidem victualia coëmere illis licitum erit, nisi quae necessaria erunt ad perveniendum ad portum proximum illius Principis, á quo commissiones obtinuerunt; Et si fortè aliquis subditorum Regiae Majestatis, ant dictorum Dominorum Ordinum Generalium emerit, mutatione aut alio quocunque modo sibi acquisiverit, ejusmodi navem aut mercimonia, quae à subditis unius aut alterius capta fuerunt, eo casu dictus subditus tenebitur dictam navem, bona aut mercimonia restituere proprietariis, aut refundere pecuniam pro dictis rebus solutam aut promissam, modò coram consilio Regiae Majestatis aut dictis Dominis Ordinibus Generalibus probaverint, sese earum rerum proprietarios esse.

XIII.

Item si dictus Dominus Rex Magnae Britanniae, aut Domini Ordines Generales Foederati Belgii, ullum foedus, amicitiam, confoederationem, aut necessirudinem cum aliis quibuscunque Regibus, Rebuspublicis, Principibus, aut Statibus contrahent, aut paciscentur, alteruter alterum, ejusque Dominia in iis eorumve quolibet comprehender, si comprehendi voluerit, atque de omnibus istiusmodi amicitiae & Confoederationis tractatibus certiorem reddet.

XIV.

Item quod si acciderit, ut quam diu foedus, amicitia, & societas haec duraverit, ab ullo ex subditis aut incolis alterutrius partis contra hoc foedus, aut ullum ejus membrum, mari, terrâ, aut aquis dulcibus quicquam fiat aut tentetur, amicitia haec, foedus & societas inter has nationes non idcirco interrumpentur, aut infringentur, verùm integra nihilominus perstabunt, vimque suam plenariam obtinebunt, tantummodo illi ipsi, qui contra foedus praedictum commiserint, singuli punientur, & nemo alius, justitiaque reddetur, & satisfactio dabitur illis omnibus quorum adinterest, ab iis omnibus, qui terra, mari, aut aliis aquis contra hoc foedus quicquam commiserint, ullâ in parte Europae aut ubivis locorum intrà fretum Gaditanum, sive in America, vel per Africae littora, ullisve in Terris, Insulis, aequoribus, aestuariis, sinubus, fluminibus, ullisve in locis cis caput Bonae spei intra anni spatium quàm justitia postulabitur, in omnibus autem (uti supra dictum est) ultrà praedictum caput locis, intra menses octodecim quàm justitia praedicto modo postuletur; Quod si verò faederis ruptores non comparuerint, neque se judicandos submiserint, neque satisfactionem dederint intra hoc vel illud temporis spacium pro loci longinquitate constitutum, praedicti illi utriusque partis hostes judicabuniur, eorumque bona, facultates, & quicunque reditus publicabuntur, plenaeque, ac justae satisfactioni impendenda erunt earum injuriarum quae ab ipsis illatae sunt, ipsique praetereà cum in alterutrius partis potestate fuerint, iis poenis obnoxii erunt, quas suo quisque crimine commeruerit.

XV.

Item conventum & conclusum est inter dictum Dominum Regem Magnae Britanniae ac dictos Dominos Ordines Generales Foederati Belgii, quod Insula Puleron restituetur dicto domino Regi, aut iis qui ad hoc diploma à Rege sub magno Angliae sigillo acceperint, idque simul ac aliquis tali instructus diplomate illuc pervenerit, & illam restitutionem petierit; & quo illud facilius ac certius ad exitum perducatur ab Ordinibus [Page] Ceneralibus & societate Indica, quae est apud Pelgas, diplomata ad hoc necessaria ipsi tradentur statim post rat ficationem hujus Tractatus. Et quod per restitutionem istius Insulae Puleron, actiones ac praetensiones omnes, quas subditi unius & alterius partis ob damna, injurias & offensiones invicem in India illatas, & in Anglia cognitas ante 10/20 Januarii 1659/8 siti competere putant, (Hoc excepto quod scilicet qui se jacturam passos dicunt in duabus navibus, videlicet Bona Aventura & Bona Esperanza, poterunt litem incoeptam prosequi) cessabunt, extinguentur, & annihilabuntur eo quo sequitur modo, ut omnes offensae, injuriae, damna, ao dispendia (excipiendo prius excepto) quae pars una ab altera pertulit, aut quomodolibet se pertulisse causari posset in Indiis Orientalibus, quorum quidem notitia aliqua fuerit Londini apud Anglos, aut Hagae-Comitum apud Belgas, ante vigesimum diem Januarii anni 1659. Sti. Nov. aut decimum Januarii anni 1658. St. V. in caeteris verò mundi plagis ex capite quarumcunque actionum, aut rerum, quae contigêre ante publicationem & notitiam pacis inter utramque gentem initae die 4/14 Martii anni 1653/4 penitus deletae atque extinctae remanebunt. Ita ut neutra dictarum partium alteri negotium facesset ob aliquod istjusmodi damnum, offensam, injuriam, aut dispendia (excipiendo prius excepto) sed earum omnium singularumque perfecta erit remanebit que abolitio, omnesque eo nomine lites, actiones, cassae nullaeque erunt; caetera autem damna, offensae, injuriae, & dispendia quae gens Anglicana seu publico, seu privatorum nomine affirmare poterit sibi obvenisse aut illata esse à Foederatorum Belgarum regimine, aut à societatibus, vel privatis eidem regimini subectis; uti & vicissim quae Foederati Belgii subditi seu publico, seu privatorum nomine sibi advenisse aut illata esse causari poterunt ab Anglorum regimine, aut à societatibus, vel privatis iisdem subjectis in Indiis Orientalibus, post diem 10/20 Januarii 1658/9 aut saltem quorum notitia ante eum diem Londini, aut Hagae mitis non fuerit, atque in caeteris mundi partibus post publicationem & notitiam pacis praedictae anni 1653/4 absque ulla personarum seu loci & temporis ulteriori distinctione & exceptione submittentur, sicut hisce tabulis submittuntur, examini, arbitrio, & decisioni Commissariorum, aut Arbitrorum, modo & conditionibus ut sequitut.

Ut Commissarii in res praeteritas tantum constituantur; neutiquam verò in futuras, quae post diem conclusi tractatus accidisse poterunt.

Ut commissio eorum in praeterita solummodo (ut jam dictum est) directa, clausulam ullam generalem nequaquam eontineat, sed expresse circumscribatur ac limitetur catalogo speciali, qui commissioni adjungetur, ita ut praeter actiones eodem catalogo speciali qui commissioni adjungetur, descriptas, de nulla alia re cognoscere ipsis integrum sit.

Ut autem de eo utrimque conveniat, catalogus ab utraque parte conficietur, & utrinque commutabitur, ut hinc indè ritè, ac debitè examini subjici possit, ac si vel in hoc, vel in illo inveniantur res qualescunque ad Indias Orientales spectantes, quae ante diem 10/20 Januarii anni 1658/9. Londini notae fuerunt quoad actiones Anglorum, aut eodem tempore Hagae-Comitis quoad actiones Foederatarum Provinciarum, vel in caeteris mundi plagis ante publicationem & notitiam pacis praedicti anni 1653/4. acciderint, aut etiam aliae actiones ejus naturae, ut hujusmodi arbitrio submitti minus aptae censeantur, eae catalogis expungentur.

Postquam itaque de hisce catalogis utrinque conventum erit, annus integer constituetur, quo, inter serenissimae suae Majestatis Ministrum atque Ordinum Generalium Commissarios, Hagae-Comitis, negotia omnia iisdem catalogis contenta per amica colloquia componantur, & praetendentes, vel eorum Mandatarii hunc in finem speciali mandato muniti, ante exitum sexti mensis praedicti anni Hagae-Comitis sistere sese tenebuntur.

Hoc autem anno elapso omnes eae actiones ob quas Praetendentes vel eorum Mandatarii Hagae fuerint, eo intuitu, ut de iis amicabiliter transigeretur, quod per legitimum testimonium ablegati Regis Magnae Britanniae & Commissariorum Ordinum Generalium, aut alterutrius probare tenebuntur, & de quibus tamen anteà ita transactum non fuerit, ad dictos Commissarios remittentur, ut tandem per eos aut componantur, aut decidantur; qui quidem Commissarii post dictum annum elapsum, si [Page] aliquae actiones tunc temporis ita amicè non fuerint compositae, eo fine Londini convenient, eruntque quaterni ab utraque parte, instruentur autem & munientur authoritate, fietque porrò haec ipsa submissio, & progressus in omnibus & per omnia eodem prorsus modo quo anno 1654. factum fuit. Ita tamen ut in hisce superarbitrium Protestantibus Helvetiorum Cantonibus non deferatur.

XVI.

Item quòd dicti Domini Regis subditi, quique sub ejus ditione fuerint, possint liberè, tutò ac securè in Foederati Belgii Provinciis, & singulis suis Ditionibus in Europa, perque eas terrâ vel aquâ ad ulla in iis loca, vel ultra eas iter facere, perque ulla earum oppida, praesidia, munimenta, transire, quae ullis in locis Foederatarum Belgii Provinciarum, aut alibi in eorum ditionibus in Europa sunt, vel erunt, mereaturam in omnibus illis locis facere, eorumque negotiatores, institores, famulive armati sive inermes (armati autem non amplius quadraginta simul) tam sine bonis suis & mercimoniis, quam cum iis, quocunque ire voluerint; poterit item populus & Incolae Foederatarum Belgii Provinciarum eadem libertate frui in omnibus dicti Domini Regis ditionibus in Europa, dummodò in hujusmodi commercio & mercatura, singuli alterutrius Dominij legibus & statutis utrimque pareant moremquegerant.

XVII.

Item si naves mercatoriae unius aut alterius subditorum per tempestatem, vel Piratas, vel aliam quamcunque necessitatem, portum unius, aut alterius Dominii intrent, inde securè & liberè recedant cum Navibus & mercimoniis absque aliqua vectigalium aut aliorum jurium solutione; ita tamen ut onus non distrahant aut divendant, aut venale quicquam proponant; nec molestiae qualicunque, aut visitationi subjicientur, modò nec personas aliquas, nec merces in navem receperint aut quicquam egerint contrà leges, statuta, aut consuetudines ejus loci ubi portus (uti praemissum est) intraverint.

XVIII.

Item quòd mercatores, naucleri, gubernatores & nautae alterutrius partis, eorumque naves, bona, aut mercimonia in terris, portubus, navium stationibus, aut fluminibus alterius non prehendentur, vel sub arresto detinebuntur ex edicto quovis generali aut speciali, sive ad bellum, sive ad alium quemlibet usum, nisi summa necessitate id cogente, justa etiam satisfactione ob id data, ita tamen ut detentionibus & arrestationibus quae ex jure & legibus alterutrius Dominij rectè atque ordine fiant, nihil hinc derogatum sit.

XIX.

Item uti mercatores utrinque, eorum institores & famuli, atque etiam naucleri aliique nautae, tàm eundo quàm redeundo navibus per maria aliasque aquas, quum in portubus alterutrius, aut in terra egressi, sui suorumque bonorum defendendi causa, omne genus arma, tàm offensiva, quàm defensiva gestent utanturque; verum ubi ad sua quisque hospitia, ac diversoria pervenerit, ibi arma sua deponet, ac relinquet, donec rursus ad navem se receperit, aut eo commeare velit.

XX.

Item quod naves praesidiariae seu Bellica alterutrius partis quamcunque in mari navem, vel naves mercatorias, quae ad alterum vel alterius subditos aut Incolas pertinuerint, quae eundem cursum tenuerint, idemve iter fecerint, obviam habentes aut assequentes iis praesidio esse, easque defendere tenebuntur, quam diu eundem cursum tenuerint contrà omnes & singulos qui eas vi adorientur.

XXI.

Item si qua navis aut naves, quae subditorum aut Incolarum alterutrius partis, aut neutralis alicujus fuerint, in alterutrius portubus à quovis tertio capiantur, quae ex subditis & Incolis alterutrius portus non sit, illi quorum in portu aut ex portu, aut quacunque ditione praedictae naves captae fuerunt, pariter cum altera parte dare operam tenebuntur in praedictis nave, vel navibus insequendis & reducendis, suisque Dominis reddendis, verum hoc totum fiet Dominorum Impensis aut eorum quorum id Interest.

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XXII.

Item quod scrutatores caeterique id genus officiales ex utraque parte ad normam legum alterutrius Dominii sese dirigent, neque plus imponent, exigentve, quam per authoritatem sibi commissam & cepta mandata licuent.

XXIII.

Item si qua injuria ab alterutro Dominio ejusve subditis aut incolis illata sit, sive contra ullos hujus Foederis atticulos, sive contra jus commune, uti nullae literae repressaliae, mercae, aut contramercae, ab alterutto concedantur, donec justitia prius juxta leges ordinatias postuletur; sin autem illic justitia vel denegetur vel in longum protrahatur, tum uti dictus Dominus Rex dictique Domini Ordines Generales aut delegati ejus dominii cujus subditi & incolae injuria affecti sunt, ab altero in quo Justitia (ut supra dictum est) denegatur aut differtur, aut ab illa potestate quae hujusmodi postulatis audiendis constituta erit, publice justitiam postulent, ut omnes hujusmodi lites vel amioc componantur, vel ordinario legum processu; sin autem mora adhuc interposita erit neque jus reddetur neque satisfactio dabitur intra tres menses quam hu jusmodi postulatio lata fuerit, tum demum utrliterae repressaliae, merca vel contramercae concedantur.

XXIV.

Item quod illi qui specialia diplomata aut commissiones ab alterutra parte obtinue int priusquam illa diplomata accipiant, coram eo júdice qui ea ipsis exhibebit, sufficientem fiduciariam cautionem interponent, per ejusmodi homines qui respondendo pares sunt, & non ejus navis socii aut participes, se nullum damnum aut injuriam alterutrius subditis aut incolis illaturos.

XXV.

Item conventum & concordatum est, quod utriusque partis subditis & incolis ad Portus utriusque liber semper sit accessus, iniisque commorari, & inde rursus recedere liberum & licitum erit, non solum cum navibus Bellicis, five ad dictum Dominum Regem, dictosve Dominos Ordines Generales spectent, sive eorum sint qui specialia diplomata obtinuerint, five tempestatis aut maris periculo intraverint, sive ut naves reparent aut commeatum coemant, modo octonarum navium Bellicarum numerum non excedant, fi sua sponte intraverint, nec diutius in Portubus aut circa Portus haereant, quam ad navium reparationem, coëmenda victualia, aliasve necessitates fuerit necesse. Et si major navium Bellicarum numerus data occasione ad ejusmodi Portus velit accedere, eas intrare nequaquam erit licitum, nisi prius impetratâ ab iis veniâ, ad quos Portus illi praedicti pertinuerint, nisi tempestate, aut vi aliquâ, aut necessitate compulsae fuerint, quo maris pericula effugerent, quod cum acciderit, Praefectum ejus loci, aut summum Magistratum statim de causa sui advectus certiorem facient, nec diutius ibi haerebunt, quàm illis à Praefecto, aut summo Magistratu permissum erit, nec in iis Portubus commorantes hostile aliquod, aut quicquam in praejudicium eorum molientur.

XXVI.

Item conventum & conclusum est, quod utraque pars verè ac firmiter observabit atque executioni mandabit praesentem tractatum, omniaque & singula in eo contenta & comprehensa, atque eadem ab alterutrius subditis & incolis observari & ptaestari efficaciter curabit.

XXVII.

Item. ad majorem cautelam & securitatem tractatus hujus & confoederationis à parte dictorum Dominorum Ordinum Generalium Foederatarum Provinciarum, eorunque populi sincerè & bonâ fide praestandae, conventum & conclusum est, sicut & dicti Domini Ordines Generales his praesentibus conveniunt, seque firmiter obligant & devinciunt, quod omnes & finguli, quos aut quem, vel ipsi, vel Ordines Provinciarum quocunque demum tempore eligent, constituent, aut praeficient Capitaneum Generalem, Gubernatorem, seu Praesidem primarium, sive Stadtho [...]der, Imperatorem Exercituum, seu militiae in terra, vel Admirallum, seu Praetorem Classium, navium, copiarumve maritimarum, obligabuntur, & devincientur, hunc Tractatum, & omnia ejus capitula juramento confirmare, itaque sanctè & cum juramento spondere, se [Page] quantum possint, omnia ea religiosè observaturos, & curaturos, ut ab aliis observentur & executioni mandentur.

XXVIII.

Item conventum, conclusum, & concordatum est: quod praesens Tractatus, atque omnia & singula in eo contenta & conclusa à dicto Domino Rege Magnae Britanniae, dictisque Dominis Ordinibus Generalibus Foederatarum Provinciarum per patentes utriusque partis literas Sigillo magno munitas, debitâ & authenticâ formâ, intrà tres menses proxime insequentes (aut citius si fieri poterit) confirmabuntur, & rata habebuntur, mutuaque instrumenta intra praedictum tempus hic inde extrahentur, nec non & tractatus hic & confoederatio statim à traditis & permutatis instrumentis forma & locis solitis publicabitur.

Articulus Separatus.

SI forte aliqua Tapeta, Peristromata, Aulaea, Picturae, suppellectiles cujuscunque generis, vel lapides pretiosi, Clinodia, Monilia, Gemmae, vel alia quaecunque bona mobilia ad Regem Magnae Britanniae spectrantia, penes dictos Ordines Generales, aut aliquem subditorum suorum jam nunc sunt, aut de futuro reperientur, dicti Domini Ordines promittunt sese nullo modo protecturos possessores aliquorum mobilium dictum ad Dom. Regem pertinentium, quae iis auferri porerunt eo modo, ut nulla iniquitate, aut injustitia afficiantur illi, qui gravabuntur illa sua sponte restituere: dictique Ordines promittunt sese modo quam efficacissimo operam daturos, ut de plano & summariè in isto negotio procedatur sine ordinaria forma, & modo procedendi in curiis usitato, & ut justitia administretur, atque satisfiat dictae Regiae Majestati quantum fieri poterit absque laesione alicujus.

Item quod si qui eorum qui rei sunt illius nefandi parricidij in Regem Carolum primum beatissimae Memoriae admissi, ac legitimè de eodem scelere attincti, condemnati, aut convicti, vel jam sunt in Dominiis dictorum Ordinum Generalium, vel posteà illic advenient, statim quamprimùm dictis Ordinibus Generalibus, vel aliquibus officialibus suis innotuerit, vel relatum fuerit, praehensi in custodiam dentur, & vincti in Angliam remittantur, vel in eorum manus tradantur, qucs dictus Dominus Rex Magnae Britanniae iis custodiendis domum (que) revehendis praefecerit. In quorum fidem praesentem articulum nos Commissarii Sacrae Regiae Majestatis Magnae Britanniae subscripsimus, iisdem (que) sigilla nostra apposuimus. Actum apud Whitehal decimo quarto die Septembris anno millesimo sexcentesimo sexagesimo secundo.

Extraordinaer Schryvens van de Nederlandtsche Ambass: in Engelandt, meldende op wat maniere noch eyndelick de Tractaten, met den Koninck geslooten sijn.

Myn Heeren,

NA het afgaen van onsen laesten vanden 8 deses, hebben wy de duplicata van hare Hog: Mog: resolutie vanden 5 dito outfangen, en sijn wy op Maendagh voorleden wederom met de Heeren Koninckl. Commissarisen in nader Conferentie getreden, en alle de o [...]estelde artikulen distinctelick geresumeert, hebbende vevdnden dat deselve in alle deelen waren accorderende met het gheconventeerde, [Page] alleen dat vande Engelsche syde als noch bleef de selve difficulteyt, namentlick dat de pretensie vande geinteresseerden in de bewuste Scheepen de Bona Aventura en Bona Esperance mosten blyven geeximeert uyt de genitale abolitie in't 15 Artikel geprojecteert, ende dat het selve in't Artikel behoorde te worden geinsereert, daer van sy in geenen deele verstonden te wljcken, waer door wy ons gereduceert siende tot een absoluyte necessiteyt, om, ofte die Heeren daer in te gemoete te gaen, ofte onverrichter sake te scheyden, sijn wy nae rype deliberatie en Examinatie van hare Ho: Mog: resolutien vanden 19 Juny, en derselver aenschryvens vanden 21 dito, heffens die vanden 5 deses, met de Heeren Koninck. Commissarissen, eyntedat in het 15 Art. by parenthese achter de woorden, sibi competere seputant, soude werden gevoeght dese clausul (hoc excepto quod scilicet, qui se jacturam passos dicunt in duabus Navibus Bona Aventura & Bona Esperance poterunt litem inceptam prosequi.)

Wy hopen en versorthen dat hare Ho: Mo: ons dese resoluytheyt niet qualick ghelieven af te neemen, alsoo wy daer toe beweegt sijn geworden, om dat wy hier komende te vertrecken onverrichter saecken onvermydelick veel sware ongelegenheden te gemoet sagen, alsoo van goederhant bericht waren, dat de Kon: albereyts ordre aen sijn afghesante inden Haagh hadde ghesonden, om sich bereyt te maecken, om aenstonts op ons vertreck van hier mede herwaerts te koomen.

Waer door dan dit Tractaet ongeslooten blyvende, dese pretensien niet souden werden geannulleert, maer de geinteresseerden vry blyven die te vervolgen soo sy geraden souden vinden.

Wy konnen mede niet oordeelen of het contenu van hare Ho: Mo: resolutie vande 21 July, is daer mede implicite voldaen, dewyle die woorden geen prejudicie lijden, maer veel eer directe patrosineeren de meyninge van hare Ho: Mo: in't voorseyde voorschryvens vervat, en in allen gevallen blijft het haer Ho: Mo: vry, die saecken al schoon voor haer vervolght wordende daerinne te doen en te laeten't gunt sy sullen oordeelen recht en billick te sijn, sulcx dat hier door mede in dit particulier de conditie van de Staet der Nederlanden niet is verergeert; hebben oock niet gemeent te pecceren tegens de intentie van hare Ho: Mo: niet toe te staen, dat dese clausule in het Tractaet selve influeerde, en niet by een seperaet Artikel wierde ter neder gestelt, alsoo wy dat onderscheyt niet geoordeelt hebben van soodanich gewichte te sijn, dat daer over eenigh vorder dispuyt, en dienvolgende dilay vande conclusie deses Tractaets behoorde te vallen, aengesien soodanigh separaet Artikel alter neder ghestelt sijnde dat alleen om secretesse pleegh te geschieden, dit ooghmerck niet soude konnen bereyckt worden, alsoo de gheinteresseerden niet sullen nalaten haer pretensien te vervolgen: weshalven wy oock meenen in desen het voornoemde aenschryven in substantie, en implicite te sijn voldaen, als mede dat in't laeste van't voornoemde Artikel, achter het woort submissio ghevoeght is het woort progressio, alsoo schijnt sich selven te wysen, dat een submissie aen arbiters gedaen sijnde, de saecken die gesubmitteert sijn, moeten aldare worden vervolght, derhalven dat niet discrepant verblyvende, hebben wy, nae dat op gisteren wedersijts [Page] pouvoirs gesien sijn artikulen van het Tractaet, in voeghen als booven is verhaelt, in't net uyt geschreeven, met die vanden Heeren Commissarissen geconfereert, en d'accoort geworden sijnde, met d'onderlinge teekeninge en besegelinghe bekrachtight, en alsoo de laeste hant aen dese soo langduyrige negotiatie gheleyt. De Heeren Commissarissen konden niet goet vinden datmen wesijts beyde de Instrumenten teyckende, maer dat het geen by haer aen ons wierde overgelevert, alleen by haer wierdt bevestight ex vice versa, latende mede toe, dat hare Ho: Mo: pouvoir aen ons verleent, in het by ons ondertekent Instrument, voor dat vanden Koninck wiert geinsereert, allegerende dat alle Tractaten by desen Koninck met Sweeden, Denemercken, Portugael, op die manier waren getekent. Wy hebben niet gemeent hierinne eenigh prejuditie voor hare Ho. Mo: te sijn gelegen, en is derhalven, om dit werck niet te verachteren, de teyckeninge op de manier by hare Excell: geproponeert, gedaen, op dat door nieuwe incidenten het Tractaet niet mocht worden verachtert.

Wy hebben geacht van ons devoir te sijn, het origeneel Tractaet, met een van onse Edellieden aen hare Ho: Mo: te senden, die oock dese aen u Ed: overleveren sal, en sullen wy soo haest doenlijck, selver jae onder Godes genadigen Zeegeen, noch inde toekoomende weeck volgen, om haer Ho: Mo: rapport van alles te koomen doen.

Hiermede. Mijn Heeren, &c.

Chelcei den 15 Sep. 1652.

gheteyckent van Hoorn M: van Gogh.

The Translation of the Dutch Embassadors Letter to the STATES, Chelsey 5/15 Sept. 1662.

SInce our last of the 8. Instant, we have received their Ho: Mo: Resolution of the 5. Instant, and upon Monday last we had another Conference with His Majesties Commissioners, in which we did distinctly examine all the Articles set down, and finding them in every degree sutable to what was agreed, but onely in this one Case, touching the pretences of those Interessed in the Ships the Bona Adventure and Bona Esperanza, that they must not be comprehended in the General Abolition, as was projected in the 15. Article, and that it ought to be inserted also in the said Article, so that the Commissioners would not in the least go backward from that Resentment; We thereupon found our selves necessitated to agree the said unto them, or else to take our leaves without any effects: Whereupon we entred with His Majesties Commissioners into deliberation and examination of their Ho: Mo: Resolution of the 19. of June, and that sent to us of the 21. of the same Instant; as likewise that of the 5. of Septemb. 1662. and we agreed, that in the 15. Article after the words, sibi competere putant, there should be put into a Parenthesis this Clause, (hoc excepto, quod scilicet, qui se jacturam passos dicunt in duabus Navibus, viz. Bona Adventura & Bona Esperanza, poterunt litem inceptam prosequi:) We hope that their Ho: Mo: will not take this resolution ill of us, for that we have been intreated thereunto, and that we saw in case we should go away without a conclusion, that great troubles would happen; and that we had it from a very sure hand, that His Majestie had already given Orders to His Envoy residing at the Hague, to make himself ready, that when we should come homewards, that also without any delay he should [Page] hasten himself over; and again, the Treaty not being concluded, those pretences would not be disanulled, and that by that means those interessed would have the freedome to proceed therein, as they would think fit.

We cannot judge whether that contained in their Ho: Mo: Resolution of the 21 of July, is thereby satisfied implicitely, the words being no prejudice, but very much agreeing to their Ho: Mo. meaning, sent Us in Writing since that Instant. And although the said matter is persued by their Ho: Mo: Yet they have the same means to do or leave what they shall judge fit or unfit to be done; So that in this particular the Condition of the United Provinces is not in the least prejudiced: we hope also not to have transgressed against the intention of their Ho: Mo: in agreeing that the said Clause might also be included in the Treaty, and not to be set down in a Seperate Article, for that we did nor judge that difference to be of so great importance, that any further dispute or delay ought to be occasioned thereby in the concluding of the Treaty, and that although such a Seperate Article should be set down, as it useth only to be done for Secretnesse sake, yet that this could not miss taking notice of, and that the Interessed should not refrain persuing their pretences; so that we judge we have fulfilled the said Resolution implicite, as also in setting down after the word Submissio, the word Progressio, for that it shews it self that a businesse submitted must be there persued. And that nothing remain disputable, after that each others powers were read, we did examine the Articles consented unto, according to what mentioned before, and were written in a fair hand, and conferred thereupon, and so agreed and made the said of force by Signing and Sealing, so that we have put our last hands to this long and tedious Negotiation; the Commissioners could not approve of having both Instruments signed; but only that that delivered by them to us, should be only confirmed vice versa, suffering also that their Ho: Mo: Power given to Us in that of Our Signed Instrument, be inserted before that of His Majesty, alledging that the Treaties made by this King with the Sweeds, Denmark, and Portugall, were all signed in the same manner. We hope that not any prejudice can be occasioned thereby to their Ho: Mo: since not to occasion hinderance, the signing was done in this manner: according to what further was proposed by their Excellencies, so that no new matters might have happened.

We have thought fit to send the Original of the Treaty by one of our Gentlemen, and for our parts, we shall so soon as possibly (with Gods blessing) hasten our selves homewards, which we hope will be the next Week, and then to give their Ho: Mo: report of all.

van Hoorn M: van Gogh.

A MEMORIAL of Sir George Downing Knight, Envoy Extraordinary of His most Sacred Majtie of Great Britain, &c.

Delivered unto the States General Octob. 3. 1662. N. S.

THe underwritten Envoy Extraordinary of His most Sacred Majesty of Great Britain, &c. makes known to their Lordships the Estates General of the United Provinces, that it hath pleased the King his Master to give him leave to return for England for a short time; but withal hath commanded him by the hands of His great Chancellor, before his going hence to demand in His Name, that satisfaction be forthwith made to the persons concerned in the Ships (Bona Esperanza and Boná Adventure) and not to stir hence without such satisfaction first made, or the final Answer had of their Lordships [Page] concerning this matter, according to which His Majesty will govern Himself; and His Maiesty doth assure Himself that their Lordships having had so fresh and pregnant testimony of His most particular kindness toward this State, in the happy conclusion of the late Treaty; and this being the onely business reserved to be ended immediately between His Majesty and their Lordships, in the manner it is now depending; that they will not suffer any new eagroure to be raised by any hot debates or lingring out of time; the former whereof His Majesty hopes they will avoyd, and the latter He is resolved no ways to admit; but that they will be pleased in the quick and equitable ending thereof, to manifest the esteem they have of His Majesty and his kindness, and their desires of having the Nations grow up into a mutual and happy confidence upon the foot of the aforesaid Treaty.

Given at the Hague this 3. of Octob. 1662. N. S.

George Downing.

Sir George Downing's aforesaid Memorial rendred in French.

LE sonbsigné Envoyé Extraordinaire de sa Majesté tres sacrée de la Grand' Bretagne, &c. fait sçavoir à leurs Seigneuries les Estats Generaux des Provinces Unies, qu'il a pleu au Roy son Maistre de luy donner congé de faire un petit tour en Angleterre pour un peu de temps; mais aussi de le commander par les mains de son grand Chancelier de demander avant son depart, que satisfaction soit incontinent faite aux personnes interessées dans les Navires Bonne Esperance & Bonne Adventure, & de ne point bouger d'icy sans avoir reçeu satisfaction, ou response definitive de leurs Seigeuries touchant cette affaire; selon quoy le Roy son Maistre se reglera; & sa Majesté se persuade que leurs Seigneuries ayant reçeu ne tesmoignage si fresche & forte de son amitié tresparticuliere envers cet Estat, par l'heureuse conclusion du dernier Traicté, & celle cy estant l'unique affaire reservée d'estre vuidée entre sa Majesté & leurs Seigneuries en la maniere dans laquelle elle depende maintenant, qu'Elles ne voudront point qu'aucun nouvelle aigreur soit suscitée par des grands debats ou long retardement: la premiere chose desquelles sa Majestê espere qu'Elles eviteront, & pour la derniere Elle est resolve de ne la point admettre: mais qu'il plaira à leurs Seigneuries de faire voir par la prompte & equitable conclusion d'icelle, l'estime qu'Elles portent à sa Majesté, & leur inclinations d'avoir les deux Nations augmentées en mutuelle bonne intelligence & correspondence sur le pied du dit Traicté.

Faict à la Haye la 3. Octob. 1662.

George Downing.

§

§

WIthin three or four days after this last Memorial was given in to the States Deputies, there was ae Conference desired by the said Deputies, or some of them; whereupon Sir George Downing met with the Pensionaris de Witt to hear both parties, and Mr. Vandam (Advocate for the East-India Company) offered several objections against the right and pretence of the English, and chiefly insisted at that time upon poterunt litem inceptam prosequi, and urged it to be understood the Suit begun by Jonas Abeels at Amsterdam; but after some debate it was then agreed and reconciled between [Page] Sir George Downing and the said Pensionaris, to be the Cause depending upon the Kings recommendation before the States General at the Hague; Sir George at that time further offering Letters from both the Principal Secretaries to His Majesty, that the States Embassadors insisted upon that point many days before the Treaty was concluded, but it would not be condescended unto. Mr. Oyens (the King's Advocate Commissionated in Foraign Affairs) answered most of the Objections, and Mr. Carew (being then present) desired that both parties might come with their Counsel fully instructed at another time, to speak to the points only in controversie; whereupon another Conference was appointed at Sir George Downing's House in the Hague.

In the mean time the Advocates of the Company had several Consultations, and Mr. Carew with his Advocates the like: And at the said Conference the East-India Company objected against the Interessed these things following, viz.

§

1. That res mobilis could not be granted without the possession delivered.

2. That by the Tripartite Indenture of Assignement or Transport from William Courten and Sir Edward Littleton to Sir Paul Pindar, of the 19. Decemb. 1642. there was onely a Security granted for Money lent, and not the real Interest transferred in Ships or Goods to Sir Paul Pindar.

3. That in case of Shipwrack or other miscarriage, Sir Paul Pindar was not to suffer Damage, but to sue the Polices of Assurances; therefore he can have no pretence to the Ships or their Lading.

4. That Sir Paul Pindar could not claim his proportionable payments until some moneths after the Return of the Ships to London, and therefore also he can have no pretence to the Damages.

5. As to the Deed or Indenture of Bargain and Sale from William Courten to Sir Edward Littleton, dated the 26 of April, 1642. it was onely a Counter-security against Engagements, and that he had not paid any money for Mr. Courten at the time of Pergens his Transports; and therefore Mr. Courten was not divested of his property in the Ships or their Lading.

6. That admitting Sir Edward Littleton's right, or any other Proprietor, they were excluded from any new allegation or pretence, having not entred their Claim in 1654. before the English and Dutch Commissioners, according to the 30. Article of Cromwell's Treaty.

7. That as to the Commission grounded upon the Statutes made concerning Bankrupts, neither the Statutes or Common Laws of England could be effectual or take place in the Low Countreys, where all things are Tryed by the Civil Law, or Law of Nations.

8. That admitting Mr. Courten were insolvent when he made the Transports to Pergens, the Company could not take any such notice as to deem him uncapable of transferring his right to any thing he had in the United Provinces.

Wherefore they concluded upon the whole matter that Mr. Pergens his Agreement was a good Agreement, and not to be avoyded; more especially for that Jonas Abeels after his Insinuations and Arrests made, was contented to accept of the Eighty five thousand Gilders, having onely jus ad rem and not jus in re; and for that the Company could not have any recourse to Mr. Pergens for that Money until the right was first determined in Law, Mr. Pergens having also had the same recommendation by the Kings Letters; they therefore desired to be excused from giving any further satisfaction therein.

The Answers following were given at the same Conference held at Sir George Downings House in the Hague.

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UNder submission it's conceived that the Interessed are before the King of Great Britain's Minister of State, and the Deputies of the States General, in an amicable way of Conferences, whereby the matters in debate are to be considered politically: as to the Objections raised against their right, they are most of them out of the Case, and the rest have been sufficiently answered by Sir George Downing in his Replies to the States Answers upon his Memorials: The Interessed did not doubt in the least, but that the East-India Company had been abundantly satisfied with the 15 Article of the Treaty, wherein all Actions, Injuries, and Pretensions of the English are abolished and extinguished (hoc excepto, quod scilicet qui se jacturam passos dicunt in duabus navibus, videlicet Bona Esperanza, & Bona Adventura poterunt litem inceptam prosequi.)

Upon the Petition (of the Interessed) to the King, setting forth the Case and their Damages, His Majesty was pleased to recommend the same to the States General, requiring speedy satisfaction and reparation, according to the Laws of common Amity and Alliance held between the King and the States. And indeed, when His Majesty considered the true state of the businesse, in its own nature and circumstances, it could not in honour be otherwise concluded; yet I shall speak somthing to the objections in point of Law.

Bracton says that an Action nihil aliud est quam jus prosequendi in Judicio; Justinian says the same, and makes the distinction of two sorts, actiones reales & actiones personales; Bracton makes a threefold distinction of Actions; Real, personal, and mix'd, actio realis in the largest sense is to be understood for any thing wherein a man hath a property, and may require it in his own name, and not in another mans; actio personalis, is that which belongs to a man by force of any Contract or Offence, &c. for which he may require satisfaction by Law from the person offending; actio mixta, is that where a man hath not only remedy for the thing, but for damages against the person, unjustly taking or detaining the same: there is jus quaerendi, and jus petendi, there are actiones Criminales, and actiones Civiles; the former do properly appertain to the King, propter pacem Regis & communem utilitatem, and when Robberies, Murthers, and Piracies are committed upon the Kings Subjects, against Treaties of Amity, Confederacies, and Alliances, and upon such Ships as carried the Kings own Colours, His Commission for Trade, and Signature in all matters of Commerce, these are accounted Acts of Hostility and open defiance, and not to be reconciled but in a way of State. Grotius in his Treatise De jure belli ac pacis, makes this Distinction, and says, Bellum non dicitur actio sed status, praelium autem dicitur conflictus ipse bellorum.

As to the Objection concerning Cromwell's Treaties, it needs no other Answer but this, That as the King is not obliged to any thing in them, so he hath not admitted any thing of them to bar our extraordinary remedy against the Company, for the violent injuries and damages sustained; and it would be a forced interpretation, nay, a great piece of Nonsence, put upon the King and His Commissioners, to imagine in the least that by the words poterunt litem inceptam prosequi (should be construed) that the Interessed might be able to prosecute the Suit begun at Amsterdam, which was lawful in the ordinary way notwithstanding the Treaty, if any such Suit had been there begun by them; but qui passos dicunt, begun no Suit at Amsterdam, their lis incepta was at Whitehall upon their Petition to His Majesty, and prosecuted at the Hague by His Majesties Command, and several Orders from His Majesties most Honourable Privy Councel. On the contrary, in the time of the Treaty, it was urged by the States Embassadors, that the States had sent instructions for a Clause to be inserted, that the Interessed should be at liberty to prosecute their right before the Eschevins at Amsterdam, and intreated the Kings Commissioners, that it might be so inserted into the 15 Article of the Treaty, which was utterly refused by the King, and in conclusion agreed [Page] upon, that the interessed should not be left to the ordinary course of Justice in Holland, but proceed in the way they had begun, upon their Petition, and his Majesties recommendation to the States General at the Hague. Whereupon the words Poterunt litem inceptam prosequi, were inserted and thought sufficient to imply the sense of the agreement and conclusion, as appears by the Embassadors Letter sent from Chelsey with the Treaty Sept. 5/15 1662. I only mention these by the way, since Mr. Vandam was pleased to make those exceptions to the words in the Treaty, and the Pensionaris made the other exception as to Cromwell's Treaty of 1654.

After Mr. Courten had once divested himself of his Property in the Ships, his Stock in India, and the product of it (as nothing is more usual amongst Merchants, then to sell their Shipping at Sea, Adventures abroad, and Actions in joint stocks of Companies) all posterior Acts to Pergens were void, and both the Company and Pergens in this Case, were left without any manner of excuse, for that the Transports to Sir Edward Littleton and Sir Paul Pindar were insinuated to them long before the pretended agreement.

The Case that Pentionaris de Wit put concerning res Mobilis (does not quadrate with ours) where he says that Abraham the Shoomaker sold a pair of Shooes to Adrian van Hoffe for a pattacone who left them in the Shoomakers custody until he called again; in the mean time Abraham's Servant or himself, sold the Shoos to Jacob the Jew for a Duccatone, who took them away and had the property by Manuduction or Delivery; That Adrian had only his remedy against Abraham fot the price, and not against Jacob for the Shooes: It's granted, that Shops, and Fairs, are Markets overt, and although goods were stolen and sold there, even then the property is changed; yet in those Cases if it be found there was any Combination between the parties, there is relief to be had against them; It's frequent in England, that both Buyers and Sellers of stolen goods, where they were sold at an undervalue, have suffered as Accessaries when the Principals have made their escape; pardon the meanesse of the expression, I could not find any thing that comes nearer to our point. The like is if a man voucheth a Horse in Smithfield. The Company knew that Mr. Courten was not qualified to deal with Pergens, and consequently that Mr. Pergens was not qualified to deal with the Company, so the Compact between them was a meer Collusion. As to Sir Edward Littleton, his Damages and Payments for Mr. Courten, the several Records in His Majesties Courts will sufficiently declare to the World what they are; but to give the States General and the East-India Company further satisfaction therein, they shall receive Copies of the said Records, and also the opinions of the most learned Common Lawyers of England, and Professors of the Civil Law there; that all Contracts, Obligations, and Transports made in England, are to be adjudged according to the Laws thereof.

‘Mens sana in Corpore sano.’

To all Military Men, Merchants, and others of the English Nation, inhabiting within the Seven United Provinces.

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COUNTRYMEN,

IT was given for a general rule by William of Nassau, who was both an Eminent Soldier and Statesman, That the Netherlanders should keep a fair Correspondence with France, do justice to all Strangers, and (in all Revolutions of time) keep a firm and inviolable Peace with England; and that when they failed in either of those Principles their foundation would be shaken, and their Government in danger of Subversion. To publish their Forgetfulness or Ingratitude to those that have spent their Youth and Fortunes to render them considerable in the World, is not to my purpose; or to tell them when they were made a Free State at Munster, created both High and Mighty by the conduct of a Prince to their Generall, they thought it time then to make Reformadoes of their Officers, put them to Pensions and maintain their Low Countries without a Commander in chief, is not my designe: No, my business to those High and Mighty Lords, is for justice against the East-India Company of the Netherlands, in a politick way of Proceeding; The dispute concerns Spoyls and Robberies done upon the English in times of Peace, (and that for some Reasons the Company reserve to themselves:) And the King for either Reasons hath been pleased to require just reparation in this way of State, and to set a greater value upon the Lives and Fortunes of His Subjects, then the Hollanders are willing to admit.

This is the Substance of the Ensuing Narrative, which when you have weighed from what hath been set forth in the foregoing part of this Treatise, and shall consider all which follows, I question not but you may as much wonder at the strange confidence of some persons in Holland, as at the patient forbearance of others interessed in England. Pardon my Freedome, I find liberty in the Low Countries, consists only in speaking their minds and parting with their money; Yet I will not injure my Cause with Satyrical Expressions, nor blame the Seven United Provinces for [Page] a few unworthy Hollanders; although I must make a little digression and tell them that Cowards cannot be honest, and covetous men dare not dye: It is an observation in nature, that those Creatures which live upon Herbs and Roots, are more fearful then those which eat flesh; and that where the Elements are bad, the habit of the mind follows the temperature of the body: But I descant not. The East-India Company of the Netherlands, or some of their Agents in Amsterdam, published the States Answers with several documents, & intituled the Pamphlet, A Refutation of the Kings Letters and Memorials of Sr. George Downing. The West-India Company took the same liberty, and published another Pamphlet as rude in the manner, as false in the matter, and reported that the English had spoiled their Trade upon the Coast of Guiny, and that the Royal Company had damnified them 80000 l. per annum, by invading their Rights and Priviledges. It's frequent amongst Hollanders, upon any pretence of Damages, to demand both Life and Goods, and take a Dollar: But it's dishonourable for an Englishman to demand any thing he cannot justifie, or take any thing without a good reason for it. It's possible I may meet with some Englishmen in the United Provinces, that can forget their King and Country, and others of our Countrymen that study more the advantage of the Hollanders then the benefit of themselves and the English Interest; That man must be of a strange Constitution, & most depraved in his Judgement, that had rather pay a Gilder to the States, then a Stiver to his Soveraign Prince. I shall not hold you any longer in Discourse, but come to the business in hand; I desire to be tryed by a Jury of Englishmen, that goes according to the Evidences before them without favor or affection, though the States have in behalf of the Company used all manner of shifts and evasions: Yet if I be found guilty of impudence or impertinency, I will undergo their Censure and suffer any punishment; On the contrary, I shall beg that favour of you, if the Cause goes with me, that you will undeceive the Boors & Fishermen in the Low Countries, and tell them I have endevoured to preserve a good Intelligence between the King Our Soveraign and the States General, upon the Foundations of Justice and Honour.

I am your Friend and Countryman
GEORGE CAREVV.

Extract from the Register of Resolutions of the Ho: Mo: Lords, the States General of the United Provinces.

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May 10. 1662.

REport was made again by the Sieur Braechele & others of their Ho: Mo: deputed, touching the Proceedings in England, and having also, according to their Ho: Mo: Resolution of the 1. Instant, examined certain Letters and Papers written and sent over by the Embassadors of this State, at present in England; which said Writings were dated at Chelsey on the 28. of April last, and addressed to the Greffier Ruysch; Likewise caused to be read the same time, a certain Memorial, the which was from word to word as followeth;

1. The Commissioners shall only be for matters past, and not for any thing as shall happen after the date of the Treaty made.

2. That their Commission concerning what passed as aforesaid, shall not comprehend any general terms, but shall be expresly limited to a List which shall be made, and that they shall not be to take cognisance of any other matters whatsoever.

3. And for the agreeing to the like List, they shall form one of each side, and exchange the said to be considered on reciprocally, and in case any specification be found in the said, of matters known at Londonbefore the 20 of January 1659. in regard of the pretences of the English, according to the Treaty of the 6 of February 1659. and at the same time known at the Hague, in regard of the pretences of those of the United Provinces, or of any other Action by which the nature of the case will shew it not fitting to be decided in the like manner, that then the said may be first taken out of the said List.

4. This List being approved of by the one and the other, four months time shall be Limited, in which they shall endevour (His Majesties Minister at the Hague on the one side, and their Ho: Mo: deputed on the other) by friendly Conferences to decide all matters comprehended in the said List, being such as are happened in Europe; and for such as are happened out of Europe, eight months shall be limited, and the pretendents, or such authorized by them, shall be oblieged to appear at the Hague the first day of the 4 months and 8 months abovesaid.

5. And in case the 4 and 8 months may be expired, in which the pretendents, or such authorized by them, had continued at the Hague, indevouring to decide such their pretences happened in Europe, and yet not come to any agreement, that then the said pretences shall be brought before Commissioners, and to be decided by them, as likewise after the expiration of 8 months in regard of matters happened out of Europe, and that after expiration of the 4 months and 8 months, there might remain any pretences as yet in difference happened in Europe, the said Commissioners shall assemble [Page] in the City of London, and their number shall be four of each side, and be fully and wholly authorized even to what it was in the Year 1654.

Whereupon being deliberated, it is approved that the said Memorial be sent to the Embassadors of this State at present at London, to serve them for Instruction, and to use their endevours that the said Treaty may be concluded conformable thereto; and withal to make His Majesty the King of Great Britain sensible, and his Ministers likewise, that their Ho: Mo: judge that His said Majesty would assuredly bring himself into great inconveniencies, in case that the Terminus a quo should be as from the year 1654. as for matters out of the East-Indies, for that thereby His Majesty would be engaged to make reparation for such Violences and Injuries done by His Usurpers Commissions and Authority, between the years 1654. and 1659. and again others also which had unjust pretences in the said years, would by no means be debarred by the like Treaty, for entring their Actions before the Judges, but have free Liberty of Prosecution and demanding reparation; and for what happened in the late conference touching that in the Fourth Article, concerning the words ubi personae contravenientes fuerint, & contra quam peccatum est, there shall be written to the Embassadors, that their Ho: Mo: cannot imagine wherefore that sustained by the English in that Subject should be different to the intention of their Ho: Mo: for that they cannot believe that the said sustained by them, can be of that substance to what specified in the Fourth Article touching the Confiscations, and, that they must be for the benefit of their State; And in case any such like Goods were confiscable by the said Article, and that they are not taken by the Officers of their State at Sea, or otherwise, and brought by them to their State, that then the Tryal and Sentence must be at the place of their habitations. On the other side their Ho: Mo: do not pretend the gains of Confiscation, that in case that any of their Subjects might be taken, having in them Arms, Moneys, or Victuals, &c. which they are intending to convey to the Rebells of His Majesty the King of England, and that such being taken in the fact and brought into England, that it is fit they receive sentence there, by which their Ho: Mo: judge to have satisfied that propounded by the English; and therefore the said Embassadors shall keep themselves within those bounds, without inlarging themselves any further, and to continue firm to the Intention of their Ho: Mo: Whereupon the said Resolution shall be presented to the hands of Sir George Downing Envoy Extraordinary by the Agent de Heyde, and to intreat him to use his good Offices to His Majesty and His Ministers, so that this Treaty may be concluded accordingly without any longer delay.

The States Letter to the King concerning the Ships stopt upon the accompt of the Knights of Malta. June 15. 1662.

SIRE.

LA continuation des desordres qui ont commencé sous les Usurpateurs de Vostre Couronne, laquelle n'estoit presque point au pouvoir des hommes d'empescher a l'entreè de vostre reestablissement sur le Throne de Vos Ancestres, nous a obligè a porter souvent nos justes plaintes jusques a Vôtre Majesté, mais nous nous verrions necessitez de nous plaindre comme nous faisons presentement, d'une procedure si extraordinaire, que jusqu'ici l'on n'en a point de ven d'exemples, non seulement en des Estats qui font profession de vivre en bonne Intelligence ensemble, mais mesme en [Page] ceux, qui ne se connoissent que par des Offices indifferens de civilité & d'Humanitè. Les Ambassadeurs de cet Estat qui se trouvent aupres de la personne dae Vostre Majestéuous donnent advis par leurs dernieres lettres, que les Juges de l' Admirauté de Londres ont permis a l' Agent du Cardinal de Heste de saisir au nom du Grand Maistre de Malthe, tous les Navires Marchands appartenans aux Habitans de ces Provinces, & qu'en suitte de cette permission il a effectivement faict saisir & arrester huict Vaisseaux qui y chargeoient des Marchandises, & ce pour le desdommagement des pertes que ceux de l'Ordre pretendent avoir soufferts, & de souffrir encore faute de jouir des Commanderies situeés dans l' Estendue des Provinces Unies, & qui ont cy devant appartenu a l'Ordre. Cette affaire SIRE, a esté souvent mise en deliberation en nostre Assembleé, Nous avons aussi nommé des Deputez de nostre corps, pour en examiner le merite, & nous allions prendre sur leur rapport une resolution qui eust faict connoistre a toute l'Europe l' amour que nous avons pour la Justice, quand nous avons sceu les procedures irreguliers, violentes & ennuyes de cet Estat, & de l' Admiraute de Londres, nous avons esté surpris de ce que l'un travaille a perdre par sa Precipitation ce que ses Maistres croyent pouvoir pretendre; mais nous avons este Extremement estonnez de voir l' Admiraute de Londres qui doit estre composée de personnes graves, prudentes & esclaires, agist de la sorte, en violant le droict des gens, & en attentant a la Souveraineté de leur Roy, a sa veüe, & en sa presence, & en une rencontre que Votre Majesté mesme ne l'auroit pas voulu, ny peu exercer, sans chocquer le droict des gens. L'Empereur & les Roys de France & de Espagne qui comme Princes, recognoissans l'Eglise Romane, peuvent avoir des considerations particulieres, pour des biens de cette Nature, nous ont recommandé cet affaire avec chaleur & empressement, mais pas un d'eux ne s'est advisé de Menacer cet Estat des repressailles, bien loin de souffrir, qu'une Justice subalterne ayt permis de faire saisir effectivement ces Vaisseaux, biens, & Marchandises de ceux qui ne doivent rien a l'ordre, & sur lesquels le saisissant n'a aucun droict ni pretension; ils scavent que ces provisions ne different des repressailes (que de nom, & qu'il ny a qui les Souverains, qui les donnent a leurs sujets, a l'exclusion des estrangers, & en ce cas d'vn Manifeste deny de Justice seulement, la ou au contraire l' Admirante usurpe un droict, qui est reserve a Votre Majesté seule, en faveur de ceux qui n'on presque aucun commerce avec vos Sujets, & qui ne scauroient dire que nous ayons fait le moindre refus de leur rendre Justice: aussi sommes nous entierement persuadez, que d'autant que quelques uns de vos principaux Ministres ont proteste, qu'ils n'ont aucune connoissance de la demande de l' Agent du Cardinal de Hesse, & de la provision accordeé par l' Admiraute de Londres, Votre Majeste ne desadvoüera pas seulement leur procedé, mais se ressentira aussi de l' attentat commis contre son autorité, & de l' Injustice faicte a ceux, qui ont faict tout ce qu'ils ont pu, pour meriter l' Honneur de Votre affection, & qui en ont eu des asseurances tres expresses de Votre bouche Royale, de sorte que nous nous dispenserions volontiers de vous donner cette Importunité dans la croyance que nous avons que vous la previendrez, par la main leveé des Vaisseaux saisis, mais nous trouvons ceste enterprise de costé & d'autre si Importante, & d'une consequence si fascheuse, que nous avons bien voulu ordonner tres expressement a nous Ambassadeurs de la presenter a Votre Majesté en des termes si efficaces, qu'ils puissent obtenir la reparation du tort & de la violence, qui nous a esté faicte, & empescher que nous sujets, qui font leur commerce dans Vos trois Royaumes, en vertu de bonne Intelligence, qui a tousjours esté entre Votre Majesté & cette Republique, ne soient plus inquietez de cette maniere a l'avenir; d'autant moins, dont nous nous plaignons, n'ont merité ny Votre Amitié ny vostre protection, Et ainsi nous remettans a ce que nous Ambassadeurs vous diront tant sur se suject, que sur les autres affaires, qu'ils ont a Negotier avec Votre Majesté, nous prierons Dieu.

SIRE, &c.

The Translation of the aforesaid Letter out of the French Original. June 15. 1662.

[Page]

SIR,

THE Continuance of those Disorders that commenced under the Usurpers of Your Crown, which it was not in the power of men to hinder, at the Entrance of Your Establishment on the Throne of Your Ancestors, hath often obliged us to make our Complaints to Your Majesty; but we now see our selves necessitated to complain (as we do at present) of a proceeding so extraordinary, that to this time there have been thereof no Examples, not only in those Estates which make profession of living together in good Correspondence, but even in those, who understand one another but by the indifferent offices of Civility and Humanity. The Embassadors of this State who are with Your Majesties Person, give us advise by their last Letters, that the Judges of the Admiralty of London have permitted to the Agent of the Cardinal of Hassia, to seize in the Name of the Grand Master of Maltha, all those Merchant Ships as do belong to the Inhabitants of these Provinces, and that in persuance of this permission he hath effectively caused to be seized and arrested eight Vessells which were there laden with Merchandizes, and this for satisfaction of those Losses which those of the Order pretend to have suffered, and yet to suffer, by reason of not enjoying those Commanderies situate within the Extent of these United Provinces, and which have heretofore appertained to the Order. This Affair SIR, hath been often deliberated in our Assembly, we have also nominated Deputies of our Body to examine the Merits, and upon their report we were about to take a Resolution which should make all Europe to understand the Love which we have of Justice; but when we understood those irregular, violent, and injurious proceedings of that State, and of the Admiralty of London, we were surprized in this, that any one should labour to lose by precipitancy that which his Masters believe they can pretend to, and we were extremely astonished to see the Admiralty of London, which ought to be composed of grave, prudent, and eminent persons, managed as it were, to the Violation of the Rights of Nations, and to attempts upon the Soveraignty of their King, in His Sight and in His Presence, and in an Occurrence, which your Majesty neither would nor could act in, without entrenching on the right of Nations. The Emperour and the Kings of France and Spain, who as Princes acknowledging the Roman Church, might have particular Considerations for the Goods of this nature, have recommended to us this Affair with pressing ardency, but not one of them hath been advised to threaten this Estate with Reprizalls, so far from suffering, that a subordinate Jurisdiction, should permit an effectual Seizure of the Vessels, Goods and merchandizes of those who owe nothing to the Order, and against which the person seizing hath neither right nor pretension; they know that these Provisions differ from Reprizals but in name, and that none but Soveraigns can grant them to their Subjects, to the exclusion of Strangers and that onely in case of a manifest denial of Justice: on the contrary the Admiralty Usurps a Right which is reserved solely to your Majesty, in favour of those, who have scarce any Commerce at all with your Subjects, and who know not how to say, that we have made the least refusal to doe them Justice. So that we are wholly perswaded, (inasmuch as some of your principal Ministers have protested, that they had no knowledge of the demand of the Agent of the Cardinal of Hassia, and of that provision agreed by the Admiralty of London) that Your Majesty will not onely disavow their proceedings, but will resent also this attempt committed against Your Authority, and the Injustice done to those, who have done all they can to merit the Honour of Your Affection, and who have most expresse assurances thereof from Your Majesties own Royal mouth; so that we could willingly dispence with giving [Page] You the trouble of this Importunity, from the beleif we have of Your Majesties preventing thereof by taking the Seizure off these Vessels, but we find this entreprise, both of the one and the other side so important and of so troublesome a consequence, that we have been willing most expresly to order our Ambassadors to present and lay it before Your Majesty in such efficacious words, as may obtain reparation of the injury and violence which hath been done us, and to hinder any further molestation in this manner hereafter to be done to our Subjects, who upon account of the good understanding which is between Your Majesty and this Republique, do Traffique within your three Kingdoms; and this the rather, because those of whom we do complain, have not deserved Your Friendship nor Protection. And so we remit You to what Our Ambassadors shall say to You aswell upon this Subject as upon other affairs which they have to negotiate with Your Majesty. We shall pray to God

SIR, &c.

The States Letter to the King concerning the Ship CHARLES. June 27. 1662.

SIRE,

NOus avons differé de respondre a la lettre que Vostre Majesté nous a faict l'honneur de nous escrire le 12. Septembre de l'année passée parce que nous ne le pouvions pas faire pertinemment, que nous ne nous fussions pleinement Informes de l'Estat de l'affaire qui luy sert de sujet: Le Capitaine Enno Doedesson Star, dont elle se plaint servoit en ce temps la, comme il fait encore presentement, dans la flotte commandée par le Vice Admiral de Ruyter, en la mer Mediterranée, & il estoit necessaire d'estre esclaircy par luy mesme, de toutes les particularitez de ce qui pourroit estre passé entre luy & le Capitaine Eduart Spragh, pour en pouvoir bien juger, & pour faire voir plus clairement a Vostre Majesté la sincerité de nos Intentions; nous ne scavons si le Capitaine Spragh a eu connoissance de l'esloignement de Enno Doedesson & s'il a voulu se servir de son absence pour donner a Vostre Majesté des Impressions contraire a une verite, dont il doit estre convaincu en sa conscience; il scait & nous en avons mis les preuves entre les mains du Sr. Downing, Vostre Envoye Extrodinaire aupres de nous, de quelle façon il a escume la mer, particulierement en l'an 1659. en piratant sur toutes sortes de Nations Indifferemment al'exemple de plusjeurs autres pirates Biscains; les exces commis par ces pirates environ ce mesme temps, ou quelqnes années auparavant, & les incommoditez que le Commerce des habitans de ces Provinces en recevoyent, nous avoient obligez en l' an 1658. a ordonner, par une Resolution generale, a tous nos Capitaines & autres Officiers de Marine, de Traiter tous ces armateurs Biscains, sans aucune distinction, en Pirates, de les attaquer quelques parts qu'ils les rencontreroient en mer, & de les amener. C'est en vertu de cet Ordre que le Capitaine Spragh a esté pris, mais specialment pour avoir este reconnu par trois Matelots, qui se trouvoient dans le bord dudit Enno Doedesson, pour avoir piraté, & pour avoir pris avec le mesme Navire Charles, alors nom Sr. Carlos, entres autres un navire nomme le Maure appartenant avec la plus grande partie de sa charge qui consistoit en vins de Canarie, & autres Marchandises a des habitans d' Amsterdam & de Middelburg en Zeelande, Ce Vaissean, SIRE, fut pris par ledit Capitaine Spragh, & emmené au Havre de St. Sebastien en Biscaye, au mois de Mars 1659. les proprietairés & Fretteurs en Navire en ayant eu advis, en demanderent la restitution & trouverent assez de Justice a la Cour de Madrid pour l'obtenir avec les despens dommages & Interest, par un decret authentique du Roy d' Espagne, mais ledit Capitaine Spragh, & ses Interessez au lieu d'y deferer, eurent l'assurance d'arrester encore la Navire, & d'extorquer par ce moyen au bout de cinq mois du patron & de ceux qui poursuivoyent le proces pour les Interessés une somme de sept mille doubles reaulx d'argent, & la moiéte du provenu de trente bottes [Page] de Vin de Canarie, quoy que des deux cens cinquante bottes, dont ledit Navire estoit chargé, il ny en eut que soixante & unze qui furent restituez avec le Vaisseau, De sorte que quand mesme ledit Capitaine Spragg n'eust pas esté du nombre de ces armateurs, ou plustost pirates Biscains, contre lesquels nous avons pris cette resolutïon generale, & quoy le Capitaine Enno Doedesson n'eust pas esté obligé de l'executer a son esgard en cette qualité, il devoit neantmoins le prendre, & l'amener, a cause de la Violence faicte audit Navire le Maure, qui avoit este declaré, par decret du Roy d' Espagne, appartenir, & qui appartenoit en effect a les habitans de ces Provinces, a moins de manquer au serment qu'il a l'Estat: Ainsi bien loin de blasmer son procedé, nous ne craignons point de dire a Vostre Majesté que nous somme Marris, de ce que l'accident qui arriva au Navire Charles scavoir qu'un des Matelots, prins dans le mesme Navire, en enstant un tampon, qui bouchoit un trou, exposa le Navire a un si evident peril de perir, que le Capitaine Wildtschot, a qui Enno Deodesson en avoit donné la conduitte pour l' amener en deça, fut contraint de l'abandonner, le fit evader, & le soustraya aua penies qu'un juste Sentence eust peu prozoncer contre ses crimes: Nous avons si bien representé, & prouve cette verité a Vostre Envoyé Extraordinaire lequel nous avons prie de la faire cognoistre a Vostre Majesté, que nous ne le voulons point Importuner icy par une plus ample Deduction de cette affaire, seulement nous trouvons nous obliger de dire, comme nostre dessein a tousjours este de nous addresser au Roy d'Espagne & a ses sujets pour la reparation des Violences, pertes & dommages faictes aux habitans de ces Provinces, & par eux soufferts, parce que les armateurs Biscains sortoient des ports d'Espagne; ainsi croyons nous avoir droict de nous addresser a Vostre Majesté presentement que le Capitaine Spragg est a vostre service & qu'il employe vostre nom & la poursuitte de ses injustes pretensions, de vous demander justice contre luy, & qu'il soit contraint par toutes voyes Justes & raisonables de restituer non seulement les susdits sept mille doubles reaulx & la valeur de vins & autres Marchandises qu'il a pris & alienez, mais aussi les autres choses qu'il a trouveeses & prises dans le Coffre du patron du Navire Maure, dont Vostre Envoyé Extraordinaire faict le detail & la valeur, Nous avons grand sujet de l'Esperer de Vostre equite, & particulierement que Vous ne suffrirez point qu' a l'avenir l'on se serve du nom & de l'autorité de Vostre Majeste pour des affaires si mal fondées, & bien manis encore, pour taxer si legerement nostre Procedé, & blasmer nostre conduitte, jusqu'a employer des termes, dont l'on ne se sert que contre ceux, qui desnient onvertement la Justiee, mais qu'elle aura pour ses bons amis & voisins autant de consideration qu'elle a de bonté pour ses sujets, dont l'on ne condamne point la conduite sur simple rapport d'un tiers, & sans leur donner le loisir d'y respondre. C'est ce que nous avons cru devoir dire a sujet de la lettre de Vostre Majesté en attendant que l'on acheve les Informations que nous faisons faire des autres Violences, extorsions & outrages, faicts par ledit Capitaine Spragg aux habitans de ces pais, & cependant nous prier ons Dieu.

SIRE, &c.

The Translation of the aforesaid Letter out of the French Original. June 27. 1662.

SIR,

WEE have delayed to answer the Letter which Your Majesty did the Honour to Write to us of the 12. September of the last year, because we could not do it pertinently, being not fully informed of the State of that affair which is the Subject thereof. Captain Enno Doedesson Star of whom it complains, did serve then, as now at present, in the Fleet commanded by Vice-Admiral Ruyter in the Mediterranean [Page] Sea, and it was necessary the matter should be cleared by Himself in all those particulars, which might have passed between him and Captain Edward Spragg, to the end we might be able rightly to judge of it, and to clear to Your Majesty the sincerity of our Intentions. We know not whether the said Captain Spragg had knowledge of the distance of Enno Doedesson, and if he served not himself of his absence to give Your Majesty impressions contrary unto a Truth, of which he ought to be convinced in his Conscience. He knows, and we have put the proofs into the hands of Sir George Downing, Your Envoy Extraordinary with us, in what manner he scoured the Seas, particularly in the year 1659. by Pyrating upon all sorts of Nations indifferently after the Example of many other Biscain Pyrates: The Outrages committed about that time and some years afore by those Pyrats, & the discommodities, the commerce of the Inhabitants of these Provinces received thereby, obliged us in the year 1658. to order by a Resolution General all our Captains and Sea Officers to Treat all those Biscain Ships of War, without any distinction as Pyrates, and to attaque them wheresoever they met them at Sea, and carry them away. It was by vertue of this Order that Captain Spragg was taken, but especially for being known by three Máriners vvhich were then aboard the said Enno Doedesson, to have Pyrated and to have taken with the same Ship Charles then named Sr. Carlos, among others, a Ship named the Moor, belonging with the greatest part of its lading which (consisted in Wines of Canary, and other Merchandizes) to the Inhabitants of Amsterdam and Middleburgh in Zeland. This ship SIR, was taken by the said Captain Spragg and brought to the Haven of St. Sebastian in Biscay in the Moneth of March 1659. of which the Owners and Laders having notice, they demanded Restitution, and found Justice enough at the Court of Madrid to obtain it with expences, damages, and Interest, by an Authentique Decree of the King of Spain; but the said Captain Spraegh and his Interessed, in stead of delivering her, had the Confidence further to Arrest the said Ship, and to extort by that means at the end of five Moneths, of the Master, and of those which prosecuted the processe for the Interessed, the sum of Seven thousand double royals of Silver, and the moyety of the proceed of Thirty Pipes of Canary, although of 250. Pipes with which the said Ship was laden, there were but 71 restored with the Vessel: so that although the said Captain Spragg had not been of the Number of those Rovers, or rather Biscain Pyrates against whom we had taken that Resolution Generall, and that Captain Enno Doedesson, had not been obliged to execute it in his relation to that quality, he ought neverthelesse, to take and carry him away, because of that violence done to the said Ship the Moor, which was declared by a Decree of the King of Spain to belong, as it did in truth, to the Inhabitants of this Province, unlesse he would have failed in his Oath taken to this State. So far are we from blaming his proceedings, that we fear not to tell your Majesty, that we are sorry of that accident which happened to the said Ship Charles, namely one of those Mariners taken within the same Ship being a Cooper, bored a hole therein, and exposed the Vessel to so manifest danger of perishing, that Captain Wildschut, to whom Enno Doedesson had committed the Conduct of her to bring her hither, was constrained to abandon her, which was the means also of the others Escape, by which he withdrew himself from the pains of a just sentence which should have been pronounced against his Crimes. We have so well represented and proved this truth to Your Envoy Extraordinary, whom we have prayed to acquaint Your Majesty therewith, that we will not importune You here, with an ampler and longer account of this affair, onely we find our selves obliged to say, that as our manner hath alwayes been to addresse Our selves to the King of Spain, and to his Subjects, for reparation of those violences, losses, and damages done to the Inhabitants of these Provinces, and by them sustained, because those Rovers came forth of the Ports of Spain; so we think it just for us to addresse our selves to Your Majesty at present, because Captain Spragg is in Your Service, and for that he useth your Name in the prosecution of his unjust pretences, to demand of You Justice against him, and that he be compelled by all just and reasonable wayes, not onely to restore the abovesaid Seven thousand double royals, and the value of the Wines and other Merchandizes which he hath taken and alienated, but also other things which he found and took out of the Chest of the Master [Page] of the ship Moor, whereof Your Envoy Extraordinary hath the number and value. We have great cause to hope for Your equity herein, and particularly that You will not suffer that for the future any persons shall make use of Your Name and Authority upon matters so il-grounded and yet hardly laboured, to the taxing, upon such frivolous occasions our proceedings, and to blame our Conduct even in such termes, which are fit only for those who openly deny Justice, but that You will have as much consideration for Your good Friends and next Neighbours, as You have goodnesse towards Your Subjects, whose carriage we condemn not upon a single report of a third person, and without giving them space to reply. This is it which we have beleived ought to be said by us on the Subject of the Letter of Your Majesty, attending while the Informations are finished, which we cause to be made of other violences, extortions, and outrages done by the said Captain Spragg to the Inhabitants of this Countrey, and in the mean time we shall pray to God

SIR, &c,

The Reply of Sir GEORGE DOVVNING, Envoy Extraordinary of His MAJESTY of GREAT BRITAIN, &c. Delivered the 13. of July 1662. upon the Answer of the STATES GENERAL of the United Provinces, to his Memorial concerning the Ship CHARLES.

THE under-written Envoy Extraordinary of His most sacred Majesty of Great Britain, &c. having received the Answer of their Lordships, the Estates General of the United Provinces of the 27. of June last, to the Letter of the King his Master, and to his several Memorials and complaints, concerning the Ship Charles, finds that their Lordships do not deny the matter of fact complained off, but offer in justification of what was done by Doedessen Star, that Captain Spragg Commander of the said Ship Charles, was one of the famous Pirates of Biscay, and in particular, that he had in the Year 1659. taken a certain Ship of this Country, called the Moor, laden with 250. Pipes of Canary wine, the whole, or at least the greater part thereof belonging to the Merchants of these Provinces, and carried her to St. Sebastians in Spain, and that upon this ground the said Doedessen Star had taken her in persuance of a certain Resolution of this State, requiring all Captaines of their Ships of war to seize all private men of war of Biscay, as troublers of the freedome of commerce and traffique by Sea.

And this being all that is alledged by their Lordships; the said Envoy Extraordinary doth very much wonder, that they should in their said answer charge the said Spragg of impudence in applying to the King his Master, and from him to their Lordships for Iustice, [Page] and much more that they should take upon them the patronage of this action of Doedesson Star's and make it their own, this being no more in effect, than what was alledged in the Letter from the Admiralty of Amsterdam to them, of the 1. of November last, and communicated about that time to him, and consequently he doth not see how, or upon what account their Lordships, or he the said Envoy Extraordinary, should be better satisfied with this Answer, than with the said Letter. Captain Spragg was no more a Pirate than Doedesson Star, he had a Lawful Commission from the King his Master, whose native Subject he was, to seize and take all Ships and Merchandises belonging to any of His Subjects then in Rebellion against Him; and in persuance thereof, meeting with the aforesaid Ship, and finding her to be come from the Canaries, 19. parts of 20. of the Wine of the growth of which place are constantly bought by the Subjects of His Majesty, and carried into His Kingdoms, and there spent; and His said Subjects, being at that time in War with the King of Spain, and upon that account in that very year making use, in a manner, wholly of the Ships of this Country for the transport of the said Wines to England, and having other probable grounds, that a great part at least of the Wines in that Ship, did actually belong to the English, he thereupon seized her, and carried her into St. Sebastian's; and what was there herein done contrary to right, and not justifiable?

Had this Country ever any Treaty Marine with any of his Majesties Predecessors, or had they any such Treaty with the Usurpers at that time in England, whereby to make free Ship free goods; and if not, wherein was the default or crime upon strong presumptions and grounds for him, who had a Commission to take Ships and goods belonging to England, to stop that Ship and carry her into that place?

Had he kept her at Sea, or carryed her into any other Country, and there sold and disposed of her, this had been a default, but the King his Master, was at that time within the Dominions of the King of Spain, and all such private Men of War as had his Commission, had liberty to equippe, to sail out of and return into all His Ports with their prizes; and accordingly the said Spragg sailed out of St. Sebastian, and returned in thither with her, & there, by lawful and due process and course in Law indevoured to make her prize; and is this Piratry? or shall upon this account the said Spragg be taxed with impudence for demanding of his Ship and goods?

Were there not in those dayes many Ships of this Country, that were stopped upon the like ground, of having in them goods belonging to the enemies of the English, and yet those that did it, not accounted or called Pirates? and have not both formerly and of late several English Ships been stopped by the Ships of this Country, upon suspition of having in them goods belonging to the enemies of this Country? and what upon tryall have been found so to belong to their enemies, actually confiscated, and the rest with the Ship restored? and how is this then a troubling of the freedom of trade and [Page] commerce by Sea, when the same thing and no other, is done to their people.

And in this very answer their Lordships do not affirme that the whole lading did belong to the People of this Country, but as are the words (the whole, or at least the greater part) so that notwithstanding what as yet appears to their Lordships themselves) although it is to be supposed that the Merchants interessed in the said Ship put the best side outmost) Captain Spragg had just grounds for the seizing of the said Ship, and the subordinate Officers of Iustice upon the place were so well satisfied therewith, that without a superiour command by favour from the King of Spain, he had obtained a sentence of confiscation of the said Wines.

And had Doedes [...]n Star comported himself in like manner, your Lordships had not been troubled with this complaint, but when he had taken the Charles he forthwith plundr'd her to the very boards, yea took out of her all that was good of her very sailes and rigging, used the men barbarously and cruelly; and when all was done, she was turn'd going at sea by Wilshut one of Doedesson Star's Captains, in stead of bringing her into this Country to a lawfull tryall and adiudication, the which he was obliged to have done, both by his commission and his orders from the Admiralty of Asterdam, as appears by their forementioned Letter to their Lordships of the 1. of Novemb. last, and Captain Spragg is so far from understanding the not doing thereof to have been any thing of favour or good hay to him (as their Lordships would insinuate in their answer) as that on the contrary he complains thereof in the highest manner.

And for what is suggested, as if Wilshut his quitting of the said Ship Charles was out of necessity upon the account of her leakiness, this is a most frivolous and groundless pretext; for Wilshut was then upon the Coast of France (as is acknowledged in the said answer) and so if he had done nothing, but what becomed an honest man, he might have carried her into some Port of France, to have stopped her leaks, and then have brought her to this Country; but the plain truth was this, Wilshut's own conscience (after some time of consideration) accused him that they had done what they could not justifie, neither in France nor in this Country, and upon that account did not abandon her as would be insinuated, but forced his Majesties Subjects into her, and with menaces bid them begone with their Ship as it was, or else that he would still keep them in irons the whole summer: and that this was the truth and bottome of the businesse, appears not only by the Examinations taken in the high Court of Admiralty in England, but also by the aforesaid Letter of the Admiralty of Amsterdam, the words whereof are these:

Pourtant s'il s'estoit retourné vers St. Martin susdit & illecq extendant qu' à cause de la prise de la dite Fregatte en cette Rade existe roit beaucoup des inconvenients, & considerant l'incommodité d'icelle & aussy jugeant l'incertitude comment la ditte prise par nous pourroit estre considerée; il se conseillist les gens y trouvez remettre en leur possession.

[Page] But suppose Captain Spragg had done amiss, yet he was a Subject to the King of Great Britain, France and Ireland, and the taking his Ship was in the Channell, and in the moneth of July 1660. which was about two moneths after the return of His most Sacred Majesty to his Kingdoms, and when he was in the full and peaceable possession of them; and was this a justifiable way to begin by execution? What injuries and violences have been done to His Majesties Subjects in the East-Indies by the Dutch East-India Company? Now many Piratries have of late been committed by private men of War, and others of this Country upon them? and hath His Majesty begun by execution? hath He granted an order to seize the Fleet of this Country coming from the East-Indies, or hath he declared all such Capers as fail from hence, troublers of the freedome of trade and commerce by Sea, and given order to all his men of war every where to take them, as your Lordships say they had done to those that failed out of Biscay? which yet he hath the same reason to do, they pirating continually upon His Subjects, (and perchance there wants not complaints of the same nature from other Christian Kings and Princes also against them) or would ye take it kindly, if Spragg being at this time in His Majesties service in the Streights should endevour to revenge himself upon Doedesson Star, who is also at this time imployed in that Sea; And yet if this course be justifiable in their Lordships, it is without doubt as justifiable in the King his Master, and if he should take this course, they would easily apprehend, what would be the consequences thereof, nor it may be would there have needed so long and tedious a solicitation in this case; But His Majesty is pleased in the first place, (according to the Laws of friendship and good neighbourhood) to apply to their Lordships, and if justice and satisfaction can be had in a friendly way, it is that he most passionately desires; but if not, the said Envoy Extraordinary must again repeat that he will then be justified before the whole World, in betaking himself to such further remedies as may be capable to procure releif to the said Spragg his most loyall and faithfull Subject, whom he cannot nor will not suffer to go without reall satisfaction; nor doth he love to have his Subjects acccused of impudence, when they only humbly addresse themselves to him for help, and their complaints are by him in a friendly way transmitted hither.

And the said Envoy Extraordinary doth once more demand, that satisfaction and reparation be forthwith made for the said Ship Charles, and so that after the many proofes of His Majesties zeal for the relief of the people of this Country against Piratries of this nature, he may at last have one instance of theirs towards his, nor can it now be doubted, seeing what was done in this matter was not only done by their Lordships own men of war, but (as they are now pleased to avow in their answer) in persuance of their order: It was too much that Ships of war sailing with His Majesties commission, were from time to time taken by the Ships of war of this Country, during the late disorders, but that any such thing should be attempted, or done, and that in His Seas, since His return into His Kingdomes, [Page] His Majesty can in no ways disgest or passe by without ample and full satisfaction. Given at the Hague this 13 of July 1662.

G. DOVVNING

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IN regard I was intreated by some of the Persons Interessed [1] in the Ships Charles, Experience, and St. John Baptist, to press the States General and their Deputies for satisfaction and reparation, for the dammages suffered in those [1] cases, I thought it convenient, in vindication of the English concerned therein, to make mention of the proceedings aforesaid, and the rather because of the aspersion most wrongfully cast upon them, and my self, in the Low Countryes, which were taken for granted by the Common People, being published in Print both in French and Dutch, by the States or their order, before any Replies were given to the same; And the Ten select Articles of Cromwell's Treaty with the other things following are to be considered in some Arguments raised upon Debates hereafter expressed, which I took notice of in several Conferences between me and divers persons at Amsterdam.

G. C.

Ten Select ARTICLES of the Treaty between O. Cromwell and the States Generall of the United Provinces, 1654.

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III.

ITem, That all Offences, Injuries, Charges and Damages, which either party hath sustained by the other since the 18/28 of May, in the year one thousand six hundred fifty two, shall be taken away and forgotten in such manner as that hereafter neither party shall pretend any matter against the other for or upon occasion of any the aforesaid Offences, Injuries, Charges and Damages; But that there shall be a perfect abolition of all and every of them untill this present day. And all actions for the same shall be held and reputed void and null.

VII.

That neither of the Common-wealths, or the People abiding, inhabiting, or dwelling within either of them respectively, or within their power, shall yeild, give, or afford any aid, counsell or favour to the Enemies or Rebells of either, but shall expresly, really, and with effect hinder any inhabiting, dwelling or abiding within either of them or within their power, from giving any aid or assistance unto such Enemies or Rebells, by Men, Shipping, Arms, Ammunition, Money, Uictuals, or otherwise by Sea or Land: and all such Ships Arms, Ammunition, Money, Goods, or Uictuals, of or belonging to any person or persons whatsoever, that shall be provided, employed or made use of, contrary to the intent of this Article, shall be confiscate and forfeited to the respective Common-wealths. And the person or persons who shall wittingly and willingly do, attempt, counsel, or be employed therein, shall be declared Enemies to both Common-wealths, and shall suffer the pains and penalties of Treason within the Common-wealth where the Offence shall be committed. And to the end there may be a specification made of what Goods shall be deemed prohibit, or contraband, Commissioners may in convenient time be appointed to determine herein; Provided in the mean time that this extend not to the impeachment of any thing contained in the present Article.

IX.

That neither of the Common-wealths, or the People of either shall receive into any of their Iurisdictions, Countries, Lands, Ports, Creeks, or Precincts, any person or persons, that are or shall be declared by either of the Common-wealths to be Enemies, Rebells or Fugitives of the other; Nor shall give, yeild or afford to any such declared Enemy, Rebell or Fugitive within the places aforesaid, or other-where, though out of their Territories, Countries, Lands, Ports, Creeks, or Precincts, any aid, counsel, Lodging, Entertainment, Souldiers, Ships, Money, Arms, Ammunition or Uictuals. [Page] Nor shall either of the States permit such Enemies, Rebells or Fugitives to be received by any person or persons whatsoever into their Iurisdictions, Countries, Lands, Ports, Creeks or Precincts; nor shall suffer any Aid, Counsel, Lodging, Entertainment, Souldiers, Ships, Money, Arms, Ammunition, or Uictuals to be given, yielded or afforded unto such Enemies, Rebels or Fugitives, but shall expresly and effectually oppose, withstand, and really hinder the same.

XIII.

That the Ships and Uessels of the said United Provinces, as well Men of War as others meeting with any of the Ships of War of this Common-wealth in the British Seas shall strike their Flag and lower their Top-sail in such manner as hath ever been at any time practised heretofore under any former Government.

XVI.

That if it shall happen that during the Amity, Confederation and Alliance, any thing shall be acted or attempted by any of the people or Inhabitants of either of the said Parties against this Treaty or any part thereof, either by Land or Sea, or other Waters, this Amity, Confederation & Alliance between the said Common-wealths shall not be hereby interrupted or broken off, but shall continue and remain in its full and whole power only in such case those particular persons, who have offended against the said Treaty, shall be punished and no other, And that justice shall be done, and satisfaction made to all persons concerned within twelve months after demand thereof made, upon all such persons who shall have done any thing against this Treaty, by Land or Sea, or other waters in any part of Europe, or any place within the Straights of Gibralter, or in America, or upon the Coasts of Africk, or in any Lands, Islands, Seas, Creeks, Bayes, Rivers, or any other places on this side the Cape of Good-Hope. And in all places whatsoever as aforesaid, beyond the said Cape, within 18. months next after demand of Iustice, shall so as aforesaid be made: And in case the persons so as aforesaid offending, shall not appear and submit themselves to justice, and make satisfaction within the terms respectively here before limited, the said persons shall be declared Enemies to both Common-wealths, and their Estates, Goods, and effects whatsoever, shall be confiscate and employed to a due and full satisfaction for the wrongs by them done, and their persons be liable to such further punishment, when they shall come within the power of either State, as the quality of their offence shall deserve.

XXIV.

That in case any wrong or injury be done by either Common-wealth, or by the People or Inhabitants thereof, against the People or Inhabitants of the other, either against any the Articles of this Treaty, or against Common right, there shall yet no Letters of Reprizals, Mark or Countermark, be granted by the one or the other Common-wealth, till first Iustice be there sought in the ordinary [Page] course of Law; and in case that Iustice be there refused or delayed, then, that Demand be made thereof from the supreme power of the Common-wealth, whose people or Inhabitants have suffered wrong, or from such as the supreme power shall depute, to that Common-wealth where Iustice is as aforesaid denied, or delaid, or to such power as shall be by them appointed to receive such Demands, that all such differences may be composed amicably, or in the ordinary course of Law. But if there shall be yet delay, and that Iustice be not done, nor satisfaction given within three moneths after such Demand made, that then Letters of Reprizal, Mark or Counter-mark may be granted.

XXV.

That all persons on either side that shall go out to Sea upon particular Commissions shall be bound before they take out their Commissions to put in good and sufficient Security by responsible Men not of the Ships Company, before the Iudges of the Court whence the said Commission is issued, that they shall do no wrong or injury to the People or Inhabitants of either side.

XXVII.

That the Lords the States General of the United Provinces shal take care that Iustice be done upon those who were Authors or Abettors of the Murther committed upon the English in Amboyna, as the Common-wealth of England was pleased to qualifie it, if any of them be yet alive.

XXX.

Item, Agreed, that at the time of the deliverie of the instruments of Ratification, four Commissioners shall be nominated on both sides to meet here at London, vpon the eighteenth day of May next old style, who shall be authorized and impowred, as also by these presents they are authorized and impowred to examine and determine all the losses and injuries which either side alledges to have sustained from the other since the yeer one thousand six hundred and eleven, unto the eighteenth day of May, 1652. old style, as well in the East-Indies, as in Greenland, Muscovy, Brazeel, or in any other place, the particulars of all which are to be delivered into the Commissioners nominated as above, before the said eighteenth day of May under this restriction, that after the said day prefixed no new allegations shall be admitted. And if the above-said Commissioners shall not within three moneths space, to be accounted from the said eighteenth day of May, come to an agreement, concerning the differences aforesaid, delivered in writing and expressed in particular, That in such case the aforesaid differences shall be submitted, as by these presents they are submitted, to the judgment and arbitration of the Protestant Cantons of Swisserland, who by an instrument for this purpose (the form of which is already agreed upon) shall be desired to take upon them that Arbitration, and appoint like Commissioners impowred and instructed to give final judgment thereupon within six moneths next following after the expiration of the three moneths aforesaid. And whatsoever [Page] the said Commissioners or the major part of them, shall award and determine within the said six moneths, shall oblige both parties, and be performed accordingly.

XXXI.

It is also agreed, That both Parties shall firmly and truly perform and observe this present Treaty, and every Article and Thing contained and concluded therein; and shall cause the same to be performed and observed by their respective People, Subjects and Inhabitants.

The CLAIM exhibited against the Dutch, by Mr. Tombes, 1654.
EXTRACT.

Index five Repertorium Postulatorum quae ex parte Mercatorum aliorumque Anglorum contra Populos Foederati Belgii virtute trigesimi Articuli Pacis inter utram (que) gentem nuper initae & stabilitae, & edicti eâ super re postmodùm facti, & vigesimo quarto Maii 1654. promulgati, die Martis trigesimo viz. Maii predicti coram Venerabilibus Dominis Commissariis hinc inde nominatis exhibebantur.

GUlielmus Tombes Executor Testamenti Domini Pauli Pindar Militis interessati in nave Bona Esperanza, unà cum mercibus mense Junio anni 1643. dum Chinam versus à Goâ navigabat a duabus navibus bellicis ad Hollandos spectantibus capta, pro suis & marinariorum damnâ reparationem petit ad summam septuaginta duarum millium quingentarum sexaginta quatuor librarum Anglicarum—72546—00—00.

Concordat cum suo Indice praemisso.

J. Spronssen.

The humble Petition of Henry Powell, Citizen and Draper of London, on the behalf of himself and the other Creditors of William Courten late of London, Merchant.

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To the Right Worshipful the Commissioners appointed by His Highness Oliver Lord Protector, and the Lords States Generall of the United Netherlands, to hear and determine all Losses between the English and Dutch, according to the 30. Article of the Peace.

Sheweth,

THat by virtue of a Commission under the great Seal of England, grounded upon the Statutes made concerning Bankrupts, directed unto James Winstanley and others appointed to inquire into the Estate of the said William Courten, and to distribute the same according to the Laws in that Case made and provided, whereby the Commissioners found the said William Courten became insolvent, and that the East-India Company of the Netherlands and their Ministers abroad, had seised and possessed themselves of two Ships belonging to the said William Courten, called the Bona Esperanza and the Henry Bona Adventure of London, with all their Lading, Goods, Merchandizes, and Provisions; and also had done unto the said William Courten and his Factors, many other violent injuries and wrongs in the East-Indies, whereby he himself and his Creditors are damnified to the sum of 150000 l. and upwards; as by Authentique Proofs taken in the Admiralty may appear.

Received and admitted Tho. Lovell.

May 12. 1654.

The premisses considered, and for as much as the Creditors of Mr. Courten are intituled to the said Money accrewing by the damages aforesaid; Your Petitioner therefore humbly prays, on the behalf of himself and the Creditors, that his Claim may be entred, & receive such a speedy determination for relief of himself, and many poor father lesse Children, and Widowes, Creditors aforesaid; as in all Justice and Equity the merits of the Cause shall require.

And your Petitioner shall pray, &c.

Hen. Powell.

To Examine and Determine all Losses and Injuries which either side alledgeth to have sustained from the other.
The humble Petition of Thomas Newman, Richard Wheeler, Francis Hill, and Andrew Wetton, in the behalf of themselves and the rest of the Company, of and in the Ship Bona Esperanza.

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To the Honourable the Commissioners appointed by the Articles of Treaty, between His Highnesse the Lord Protector, &c. And the Lords the States General of the United Provinces of the Netherlands.

Sheweth,

THat the said Ship being set out in the employment of William Courten Esq Thomas Kynaston & Company authorized by vertue of Letters Patents granted by the late King for Trading to the East-Indies, in her passage from Goa to Maccao, in the year 1643. at which time there was perfect peace and amity between the English and Dutch; was contrary to the said Peace and Amity, in a violent and hostile manner surprized and seized by two Holland Ships, belonging to the Holland East-India Company, the one called the Vendillo, and the other the Portogallo; in which Ships Seignior Fermeren, Seignior Gealand, and the Lieutenant of the Fort of Malacca, were Commanders, who all three at first came aboard the said Ship Bona Esperanza, as friends in way of visit, and accordingly parted; but soon after beyond all expectation of the Petitioners, Shot a Peece of Ordnance in an Hostile manner, and forthwith killed the Master Roger Tuckerman, and afterwards in Fight took the said Ship by force of Armes, to the damage of your Petitioner Newman at least 1400 l. he (being then Sole Factor of the Cargozon) and to the Damage of the rest of your Petitioners and the Company of the said. Ship 2000 l. which respective damages have ever since tended, and do tend to the utter ruining of your Petitioners: All which appears by the Claims and Depositions in the Admiralty, now brought before your Honours by William Tombes Esq Executor to the last will of Sir Paul Pindar Knight, the Assign of the said Esq Courten.

Received and admitted Tho. Lovell.

May 14. 1654.

Your Petitioners in obedience to, and persuance of your Honours late Declaration injoyning all Claimers to bring in an Abstract of their Damages in particular, have presumed to present their Case as above by this tbeir Petition.

Most humbly praying that their Claim aforesaid, may be distinctly set apart by it self. And that they may according to the power and authority wherewith your Honours are now invested by the Articles aforesaid, receive their several satisfactions, answerable to their proportions of damages aforesaid.

And your Petitioners shall ever pray, &c.
Rich. Wheeler.
Thomas Newman.
Francis Hill.
Andrew Wetton.

A Breviate of the Depositions taken in the High Court of Admiralty in England, concerning the Ship Bona Esperanza, referring to the several Fol. and Interogatories.

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Fol.
Inter.

THat in 1641. William Courten and Company Fraighted and set to Sea the Ship Bona Esperanza, wherein Roger Tuckerman was Master, on a Trading Voyage to the East-Indies.
ROb. Gray
2
1

Rich. Wheeler
37
1

Saith she went out about 3. Decemb. 1641. as he remembers.

Fra. Hill
21
1

Tho. Newman
58
1

Saith the goods in her were consigned to the Factor of Courten and Company in India.

That 180. Tuns of the said Ship at Goa, was let to Fraight by John Faren for Courten and Company, to the Portugals for a Voyage from Goa to Maccao in China, and from thence back again to Goa, and there was to be paid for outward Fraight 8000. Rials of eight and 32000. Rials of eight, for her homeward Fraight, the rest of the Tonnage was reserved for Courten.
Tho. Lamberton
71
2

William Page
47
2

Tho. Newman
59
2

Rich. Smith
30
2

Rich. Wheeler
38
2

That the Portugals about March 1643. at Goa, put aboard the said Ship, goods of a great value, and about 100. passengers bound for Maccao, which the Master and Company undertook, and endevoured to perform the same.
Tho. Newman
59
3

Will. Page
48
3

Saith that some goods were by the Portugalls laden, and some for Courten and Company.

Rob. Gray
3
3

Andr. Wetton
14
3

Tho. Lamberton
72
3

That besides the Portugals goods taken in at Goa there were divers goods taken in there, and at other places for Mr. Courten and Company, to be carried to Maccao in China, which Ship set Sayle from Goa towards Maccao in April 1643. the last Port that goods were taken in at, was Atcheene, and that all the goods in the Schedule in the 4. Inter. mentioned, were the goods of Courten, and Company.
Rob. Gray
4
4

Rich. Smith
31
4

Rich. VVheeler
39
4

Will. Page
49
4

Saith they went from Atcheene in or about May 1643.

Tho. Lamberton
72
4

Saith he cannot express the times, because the Dutch took away his Papers, Writings, and Books of Accompt.

Fol.
Inter.

That in June 1643. the Ship with her Lading in her passage towards Maccao, was in a Hostile manner taken by two Ships the Vendillo and the Portugallo, both belonging to the Holland East-India Company, having with a great Gun and small Shot killed the Master Roger Tuckerman before any resistance was made by the said Ship, and afterwards by force took the said Ship and Lading, and robbed the Merchants and Company of all they had, and carried all to Mallacco, being under the Command of the Dutch.
Tho. Newman
61
5

Rob. Gray
5
5

Andr. Wetton
15
5

Fra. Hill
24
5

Rich. Smith
32
5

Rich. Wheeler
40
5

Will. Page
50
5

Tho. Lamberton
74
5

The Commanders of the Dutch Ships after three or four houres Fight, took the Ship Bona Esperanza and all Lading, killed the Master and three or four in Fight, wounded many, whereof some dyed, and used the rest of the company very inhumanely.
Rob. Gray
6
6

Andr. Wetton
16
6

Fra. Hill
25
6

Rich. Smith
32
6

Rich. Wheeler
41
6

Will. Page
51
6

Tho. Newman
63
6

The Ship was English built, and the Master and company were all English and Portugals, except some Blacks, which were the Portugals slaves, and her Lading belonged to the English and Portugal.
Rob. Gray
7
7

Andr. Wetton
17
7

Fra. Hill
26
7

Rich. Wheeler
42
7

Will. Page
52
7

Tho. Lamberton
76
7

Rich. Smith
33
7

That in November 1642. the Peace between the Dutch and the Portugal was proclaimed in India, which was before the taking of the Ship, and ever after assisted each other.
Rob. Gray
8
8

Andr. Wetton
18
8

Fra. Hill
26
8

Rich. Smith
34
8

Rich. Wheeler
42
8

Tho. Newman
64
8

Saith the Dutch kept the English Prisoners above 5 Months before they would let them go.

That whilst the Ship was at Goa a Lading for Maccao one Boreall was sent to Goa from the General of Battavia, for the Dutch in India to Solemnize the confirmation of the Peace between the Dutch and Portugals; and Newman saith he saw the Articles.
Tho. Newman
65
9

Rich. Wheeler
43
9

Rob. Gray
8
9

Andr. Wetton
18
9

Fra. Hill
27
9

Rich. Smith
34
9

Tho. Lamberton
78
9

That in observation of the Peace the Dutch at Mallacco let a Ship to fraight to the Portugal to Trade in the Indies, and bound for Goa, and Portugal goods Laden in her.
Tho. Lamberton
79
10

Rich. Wheeler
44
10

Fra. Hill
27
10

Fol.
Inter.

That after the Ship was taken some of her Company were carried from Malacca to Batavia to which place came a Portugall Ship Laden with Portugall goods, where the Dutch permitted them to dispose of their goods without interruption.
Rich. Wheeler
44
11

Tho. Newman
66
11

Tho. Lamberton
79
11

Rob. Gray
9
11

Andr. Wetton
19
11

Rich. Smith
35
11

That the 8000. Rialls for outward Fraight invested at Maccao, would have produced in Indià at least 4000 l. sterl.
Will. Page
54
12

Tho. Newman
67
12

Tho. Lamberton
80
12

That a Riall of 8. is worth in India 5 s. and 32000 Rialls makes 8000. sterl.
Tho. Lamberton
81
13

Will. Page
55
13

Tho. Newman
67
13

That if Mr. Courtens goods had been sold at Maccao, and returnes made to Goa, and from thence turned into India goods, they would have produced at London, 36000 l. sterl.
Will. Page
55
14

Tho. Newman
68
14

Tho. Lamberton
81
14

That there was left at Maccao upon a former voyage for the Accompt of Mr. Courten and Company 2750.
Tho. Lamberton
82
15

That 7750 l. in Rials of 8. invested at Maccao, and from thence transported into India and there sould, and the proceed invested into India goods, and those brought into England would there produce 35000 l.
Tho. Newman
68
16

Tho. Lamberton
82
16

The Ships Tackle and furniture worth 4000. sterl.
Robert Gray
10
17

Andr. Wetton
20
17

Rich. Smith
36
17

Rich. Wheeler
45
17

Tho. Newman
69
17

Tho. Lamberton
83
17

The particular of what the Factors and Marriners have lost by taking of the said Ship, was 3516 l.
Rob. Gray
11
19

Andr. Wetton
20
19

Fra. Hill
28
19

Rich. Wheeler
46
19

Will. Page
57
19

Tho. Newman
69
19

Tho. Lamberton
83
19

Rich. Smith
36
19

Besides,

The lives of the Kings Subjects according to the value His Majesty pleases to put upon them, considering the impoverishing of so many Families occasioned by the loss to the Fatherlesse and Widows of the Marriners.

The Translation of the Agreement concerning the Henry Bona Adventure, between the Mariners and Adriaen vander Stell.

[Page]

I Underwritten Adriaen vander Stell Commander of the Island Mauritius, on the part and behalf of the Netherlandish East-India Company, do declare (upon the Instant Request of Henry Glascock Merchant, and Edward Lock Master of the Ship called the Henry Bona Adventure, that on the second of February last past at night, there arose here a very violent Hurricane whereby they lost their said Ship called as above, on the Northside of this said Island, and repairing thereunto, I found the said Ship as yet whole & entire, setting upon the Recist; I did also hear that the said Merchant and Skipper have oftentimes Charged or Commanded the said Ships Company to save or preserve their Masters goods, whether Peppers or other Commodities; whereupon the said Ships Company Replyed, that they did not desire to hazard their lives, for as to the goods that should be so saved, when that they should be Transported into England, they should not enjoy one Stiver Hyre for the saving or preserving of the said Goods, insomuch that the abovesaid persons intreated me to save the said goods with the Companies Mariners, for otherwise the said goods would in a short time be swallowed up or Perished in the Seas. All that which is abovesaid I do declare to be in substance the very truth, and shall verifie the same more at large according as the businesse shall require.

Done on the Island of Mauritius on the Northside of the said Island on the 10. of February 1643.

Signed Adriaen vander Stell.

VVEE underwritten Henry Glascock, and Skipper Edward Lock, John Rogers Chief Steereman, John Peacock Under-Steereman, and Edward Stacy Assistant, have at sundry times required the said Ships Company to save or preserve and bring on shore the Companies goods, whether Peppers, or other Wares or Commodities, and because they refused so to do, and did not desire to hazard their lives to save or preserve the said Companies goods, therefore we underwritten did Request the said Commander Adrian vander Stell, that the same might be saved or preserved by his People or Mariners, namely all that which should be found to be remaining in the Ship, and in that respect we conceived that it [Page] was better that the same should be saved or preserved rather then to suffer them to be destroyed: And moreover that the Netherlandish East-India Company, would be pleased to do or act therein, according as they should find it most convenient.

Done upon the Island of Mauritius on the North-westside of the said Island, this 10. day of February 1643.

And was Subscribed,

Henry Glascock

Edward Lock

John Rogers

John Peacock

Edw. Stacy.

Being examined with the Original the same is found to agree therewith, this 10. of March, An. 1643. upon the said Island Mauritius.

Signed Jacob vander Mersche.

Concordat substantialiter cum suo originali quod attestor.

J. Daniell. Not. Pub.

The Commissioners Certificate translated into Dutch out of the English.

ALsoo inden Name van sijne Majesteyt seekeer Commissie J. Winstanly. van Banckeroute onder het groot Zegel van Engelandt gedateert des 26 Januarij nu' laestleden gefundeert op Rich. Adams. verscheyde Acte by t' Parlement aengaende Bankeroutes gemaeckt is vernieuwt ende geadderesseert aen ons wiens naemen hier onder geschreven staen, te gen William Courten Coopman van Rich. Norton. Londen; verclaeren atte steren ende certificeren by deses dat den voorn: William Courten is banckerout geworden inden maent van Simon Smith. Septemb. int' Jare onses Heeren 1643. gelyck naer D'xaminatie onder Eede van verscheyde Getuygen is blyckende, twelck wy Getuygen onder onse handen & Zegels den 2 Feb. 1660.

Andere Copie Translaet.

ALlen den geenen die deses Jegenwoordiges sullen sien ofte hooren leesen, Sir Richard Browne Ridder Barr. heer Burgemaster, Schepenen, ende Raet der stadt Londen, doen te weten dat op hujden deser int' hoff in persone verschene ende gecompareert sijnde eerwaerdige Jacob Winstanly van Grays Inn, & Richard Adams van Lincolns Inne, int' Graeffschap van Middlesex Schiltknaepen Drs. inde Rechten, ende Richard Norton ende Simon Smith Cooplujden inde voors. stadt persoonen van bekende Waerdicheit & vromigheit, & hebben voor ons geproducert seekere Commissie verleent by sijne uytnemenste Majeste yt onder het groot Zegel van Engelandt aen haer & andere daer in genoemt geaddresseert, haer authoriseerende te ondersoecken de geleng their Staet & qualiteyt van William [Page]Courten lest Coopman in dese Stat van Londen & andere saecke dies aengaende te doen & uyt te Wercken als by de selve Commissie is geordonneert & de selve comparamer oock voor ons Producerende de attestatie ofte Certificatie hier voords staende, Raeckende den voorn. William Courten Banckeroute geconfirmeert ende geattesteert met hare respective handen & Zegels de Welcke Sy lieden tot meerder seekerheyt elck int bysonder voor ons hebben geratificeert geapprobeert & geconfirmeert ons versoeckende dese met onse verclaeringe te VVillen authentiseren en verkractigent eynde deselve tot hare intentie volcomen effect mach sorteren; waer omme; wy daer van hebben gegeven dese onse opene verclaeringe & i [...]t eijcken dor waerheyt hebben dese doen Zegelen met het Zegel van Burgemaster ampt deser woorn. Stat Londen: gedateert in Londen deses 6 Feb. 1660. ende int' 13 Jaer van Regeringe van onsen Souveraine Heere Carel de tweede door Godes genaede Coninck van Engelandt, Schotlandt, ende Irelant, Beschermer de Geloofs; & was ondert Welde hebben ter syde gedruckt het Zegel der Stat Londen in Roode Wassche met Wit Papier overdeckt onderstont Aldus getranslateert & met sijne originele accorderende bevonden by my, & was onderteyckent I vander Heyde.

A Breviate of the Depositions taken in the Court of Admiralty concerning the Ship Henry Bona Adventure of London.

EDward Locke saith and deposeth that upon the 24 of January 1642. in the morning about Three of the Clock, the Ship Henry Bona Adventure of the burthen of 160 Tons laden with Pepper and Iron, for account of William Courten and Company, whereof this Examinant was Master, coming to the West part of Sumatra, was driven on Shore by an Hurricane upon the Island Mauritius, where the Dutch did inhabit, and John Rogers saith and deposeth that the said Ship being bound for the Port of London, for Accompt of the aforesaid Mr. Courten and Company, laden with Pepper taken in at Tougouhe, that when the Ships Company found themselves in great distress, after they had saved many Boats full of the Goods, they desired the assistance of the Dutch, who came down to the Sea side, and with the help of the Seamen saved all the Ships lading, provisions, and tackle, but the Ship perished in the Sea. Edward Stacy saith and deposeth, that about the time aforesaid, the said Ship struck upon a Rock neer the Shore of Mauritius, laden with Pepper, part whereof was taken in at Atcheene, and part at Tougouhe, and some Iron carried from London, and that all the goods saved, were left in the Custody of the Governour of the said Island, for the accompt of Courten and Company, allowing the Dutch such salvage as was usual in such cases, or as the said Companies should agree upon between themselves.

Henry Glascock Cape Merchant of the said Ship, upon the accompt aforesaid, saith and deposeth, that the said Ship struck upon a Rock neer the said Island, and being in an apparent danger of perishing, he sent on Shore to Adriaen vander Stell Governour of said Island for the East-India Company of the Netherlands, and craved the assistance of the Inhabitants of the said Island towards saving the Ship and Goods.

That this Examinant shipp'd 327 bahars of Pepper, at the places aforesaid, and saith that there were 700 bars of Spanish Iron in her, that were left unsold which were brought from London upon the Accompt aforesaid: That the said Governour would not weigh the said Pepper although earnestly desired by this Deponent and the Ships Company, he pretending they had no Scales.

That after much debate about the said Salvage, it was concluded and agreed upon between the Governour and this Deponent, and the Examinant Edward Lock Master of the said Ship, that it should be referred to the East-India Company of Holland, and [Page] Mr. Courtens Company to allow the men satisfaction for their pains.

That according to the said Agreement there was a writing drawn up in English, to which the Dutch Governour was desired to subscribe, this Examinant, and the Master, with some others, having subscribed the same; who refused, pretending he could not understand English, and the said Governour caused one to be drawn in Dutch, and some of the Dutchmen there that understood both Dutch and English, affirmed it was in substance the same with the other, or to that effect, whereby the Examinant Edward Lock Master, John Rogers, John Peacock, and Edward Stracy, all of the said ships Company did subscribe the same, intending it to no other purpose but that the businesse should be suddenly ended by the Agents or Ministers of both Companies in the Indies then Resident, the one at Batavia, and the other at Goa, all which the Deponents affirmed to be true by virtue of their Oaths.

The Authentique Copy of Jonas Abeel's Insinuation to the East-India Company of the Netherlands.

May 25. 1648.

OP huyden hebbe ick Gerriz Coren, Notaris Publijc (que) by den hove van Hollandt geadmitteert, residerende binnen Amstelredamme, my met den getuygen naegenoemt getransporteert ende gevonden op t' Oost-Indisch huys deser Stede, inde vergaderinge vanden heeren Bewinthebberen der Geoctroyeerde Oost-Indische Compagnie alhier, Inde haer E. met behoorliicke eerbiedinge, int den naem van Sr. Jonas Abeels, Coopman alhier, als last, ende procuratie hebbende vanden heer Paulus Pindar, Ridder der Stadt London, geinsinueert t' gene volcht.

Jonas Abeels, als last ende procuratie hebbende vanden heer Paulus Pindar, Ridder der Stadt London, volgens den instrumente van procuratie, by denselven here Paulus Pindar, op den 11 dach Februarij 1647. Style van Engelandt voor den Notaris Josua Mainet ende sekere getuygen gepasseert; Doet mits desen de tegenwoordige vergaderinge vanden aenwesende heeren Bewinthebberen der Nederlantsche Geoctroyeerde Oost-Indische Compagne, insinueren ende interdiceren: Alsoo de Originele Insinuant, de Heer Paulus Pindar voornt. als actie ende transport hebbende vanden Heer Willem Courten Schiltknaep van London, alleen gerechticht is tot het geene de, voorn. Comp. bevonden sal woorden te moeten nitkeeren, voor de schaden ende verliesen geleden ende noch te lyden door t' onrecht saiseren ende detineren van't Schip genaemt de Bona Esperanza, anders de Good Hope van London, ende d' ingeladen goederen, als oock voor alle de goederen ende Coopmanschappen, gesalveert uyt het Schip, genaemt de Henry Bona Adventure van London, welck voorn. Schip de Bona Esperanza, met hier ladinge genomen is inde Oost-Indien, ende de ladinge van't voorn. Schip de Henry Bona Adventure (soo de voorn. originele Insinuant verstaen heeft) op t' Eylant Mauritius gesalveert [Page] en genomen is geweest in t' besit vanden heer Adriaen vander Stell, Gouverneur aldaer voor de voorn Comp. alles nae werden uytwysen vanden voorn. instrumente van procuratie, ende her transport vanden voorn Courten, daer inne vermelt: Dat derhalven de heeren Geinsinuerden geen penningen, ter saeck vande voorn schaden en verliesen, als ooch ter saecke vande voorn. geberchde goederen, en sullen betalen aen iemant anders, als alleen aen den Insinuant in qualite voorn. of sijn voorn. principale, ofte in cas de heeren Geinsinuerde, desen niet tegenstaende, contrarien comen te doen, dat hen de sulcx geen betalinge en sal verstrecken, maer datse andermael aen den Insinuant in qualite voorn of sijn voorn principale sullen hebben te betalen. Daer van wel expresselick protesterende, mitsgaders, in cas van eenige contraventie, mede van alle costen, schaden en interesse.

Alle t' welcke by de heeren Geinsinuerden gehoort, antwoorden, datmen hen soude geven copie ende die 's anderen daegs leveren aen de Rekenmeesters. Aldus gedaen binnen Amsterdam ter presentie van Ian Ianz ende Adam Nijs, Inwoonderen deser Stede, als getuygen, hier over gestaen des 25 May 1648. Onderstandt Uytgegeven voor Copie, ende accordeert met de principale by my: Ende was getekent.

G. Coren. Not. Pub.

1648.

Certain Evidences and Presumptions concerning the Losse of the two Ships called the Dragon and Katharine of LONDON.

§

OUt of the Book of Resolutions at Goa, in the Instructions given to John Durson on his Persia Voyage: Also if you happen to meet with the Ship Hopewell (Mr. Edward Lock, or whosoever Commander) inquire diligently of six Dutchmen taken aboard the said Ship at her last being at Cocheen, who can make certain Relation concerning the Dragon and Katharine, their sinking between the Island of Ceylon and Mauritius, by six Dutch Vessels or Ships (as we are informed) whereof the Ship called Amsterdam was Admirall. 21 Novemb. 1644.

Subscribed per John Farren, John Darrell.

London 9 Junii 1641.

§

Francis Day saith, that from Musulipatam he came to Surrat, and coming before Goa, was forced to strike by the Hollanders, and a Boat from the Ship Amboyna, came aboard to have a discharge how that they received no injury [Page] from the Hollanders, which Discharge was written twice before it could be to their liking, and amongst the Boats Crew, there was an Englishman, who told the Purser of the Expedition, (as three or four men come home by the Crispiana, can witnesse) 'tis well you struck, for all the Guns aboard were primed, and the Linstocks ready, waiting for the word to give fire, and would have sunk you, and God knows what's become of Captain Weddall, which words being spoken, he was called away by the Commander into the Boat.

Subscribed Francis Day.

§

John Carter came home in the Crispiana, and afterwards in the Bona Esperanza, tells the same words as Francis Day abovesaid.

London 25 Jan. 1641. aboard the Hester at Blackwall, were William Courten, John Rushout, Captain Robert Moulton, Anthony Robertson one of the Queens Musicians, Edward Knipe, and John Benning, were told by William Tailor Masters Mate, and confirmed by Robert Hogg Master of the Hester,

That William Tailor aforesaid going a Shore at Cocheene, William Gorlye the Governour of the Town and Castle demanded or asked him among other things, whether Captain Weddall was arrived in England with his two ships? to which he answered he was not; and do you know what is become of the said two ships? he answered he knew not; then said he you must know they were sunk by the Hollanders about Ceylon: he asked how he knew this, to which he answered, here are passed through this Town two Slaves, which were taken by the Hollanders, and made an escape from them, which two Slaves have reported the same for a certain truth to all the Inhabitants of Cocheen; the said two Slaves were then gone for Goa or India, more particulars they neglected to enquire: after they also asked what Hollanders should have sunk or taken them, answer was made, part of the Fleet which lay before Goa, in the way home to Jacatra, whereof was General one of the Holland Ships named Tervere.

Subscribed William Tailor.

§

John Benning Master of the Planter, affirms that Capt. Weddal's two ships, viz. the Dragon & Katharine, according to the Invoyce were worth 150000 l. sterling, if they had come to the Port of London, besides Mr. Mountney's Goods valued at 20000 l.

London Anno 1644.

§

At the Return of Tho. Lamberton, William Page, Tho. Newman, and others, taken in the Bona Esperanza going to China, and brought Prisoners to Malacca, with ten wounded men which lay in the Hospitall, where they found a Stochman lying sick; he upon his dying told to the aforesaid men [Page] of the Bona Esperanza, that he could not dye before he had declared that he was at the taking of the Dragon and Katharine, which were going from India unto the Cape Bona Esperanza, by the Holland ships, which coming fair by Capt. Weddall, and pretending to be bound home, they invited him, with Captain Carter and both the Mountneys aboard, where having feasted together, Capt. Weddall, and his friends were brought upon the Deck, and told they must into the sea, whereupon more words past, & then they were bound Back to Back, and thrown into the sea, those of the Dragon and Katharine seeing the same, fitted themselves to fight, but were taken, and the Ships robbed, and withall, (the men remaining alive) bored, and let sink into the sea: he told that the same Fleet came to Malacca afterward, and the common men were sent for the Molucca's, and that well known by many in Malacca, but they durst not speak of it. The said Lamberton and others asked the Lieutenant of the Town about the same, but he answered, upon their lives they should not speak of such things.

Tho. Lamberton.

§

A Declaration of some further probable News of the Dragon and Katharine, Captain John Weddall, and Captain John Carter Commanders, from the Mouth of Boatswain went I Tho. Henton quondam Chyrurgion of the Ship Bona Esperanza employed in the Service of the Worshipful Esquire Courten in Anno 1643. in the Month of August, being by sinister occasion at Johanna, in the Ship Hopewell of the old Company, at which time also was the Crispiana and Dolphin of the old Company, there was also the Loyalty, Mr. John Durson Commander, belonging to Esquire Courten had these following Relatitions of the Destruction of the Dragon and Katharine by the Dutch as followeth; ‘This Boatswain Went was Boatswain of the good Ship Dolphin Mr. Proud Master, in the said year 1643. upon some Imployment bound from Surat to the Southward, viz. to Cocheen a Portugal Town, where, upon what occasions I know not, he had some conference with a Servant of the Governour of Cocheen concerning the Dutch, the man told him of a fight at Ceylon between the Dutch and English, viz. two English Ships and five Dutch ships, the English named the Dragon and Katharine, both which the Dutch overcame, sinking the one, and forcing the other on shore, & so eagerly persecuted them, that some of the English having escaped Drowning, and got a shore, the Dutch in their Boats hasted a shore likewise and cut them all off, this Servant to the Governour was in the Dutch ships at that time in their Service, when as they fought, and following the English a shore (he being one among the Dutch) made escape to the Portugalls, and in time came to serve the Governour of Cocheen.’

[Page] This is the Relation that I heard Boatswain Went, relate, & indeed I went aboard purposely about the businesse to enquire of him. I required to have the Relation under the Boatswains hand, but I could not obtain it, by reason of the shortnesse of our time, for they suddenly set sail from Johanna; also the Boatswain said, the Governour of Cocheen knows the Matter, and upon inquiry if he pleaseth, can produce you his Servant if he be living, if not, he himself is able to give satisfaction therein. Uunderwritten

Thomas Hinton.

§

Duarte Defigueiredo de Mello Secretario de sua Majestade do estado da India certifico que atsistindo na ilha de Ceylon soube por algus Prisoneires Olandeses que se tomarao coms as duas naos do Capn. Guedal que hia da China para Inglaterra as tomarao os Olandeses os no Cabo dobaa Esperanca et as meterao ambas apique Isto tre o que me constou dos ditos dos ditos prisoneiros, Goa a 22. de Abril de 1647.

Sotto scritto
Duarte Defigueiredo de Mello.

Translated out of the Portuges into English.

I Edward Defigueiredo de Mello Secretary to his Majesty of the State of India, do certifie that being in Commission in the Island of Ceylon, I came to know by some Prisoners of the Hollanders, that they met with two ships of Capt. Weddall which were going from China to England, and that the Hollanders took them towards the Cape of Bona Esperanza and sunk them both; This is what appeared unto me by the relations of the said Prisoners, Goa the 22. of April, Anno 1647.

Was under-written
Duarte Defigueiredo de Mello.

To the Right Honourable the COMMITTEE of LORDS and COMMONS for the Admiralty.

[Page]

The humble Petition of William Tombes.

Jun. An. 1645.

Sheweth,

THat by virtue of an Assignment from William Courten Esq to Sir Paul Pindar, and from him to your Petitioner, he is become possest of the Ship the Planter of London late come from the East-Indies, and now in the River of Thames; and your Petitioner being ingaged for the Customes of the goods, which were entred in the said ship by him, and further promised to see the Master and Mariners wages fully satisfied, before the disposal thereof, hath made sale of the said Ship, whereby the said Customes and Wages might be speedily paid accordingly.

Now so it is, that one Thomas Kynaston hath arrested the said Ship by Writ out of the Admiralty, upon Accompt of some interest in her, and so hereby your Petitioner is hindered to give present satisfaction for the Customes, and poor Mariners wages, who daily out of their great necessity come upon him for the same: Your Petitioner doth therefore humbly pray this Honourable Committee, that Order may be given forthwith for the sale of the said ship, for the speedy paiment of the Customes, the Master and Mariners wages, due from her; and if she shall produce a greater summe, that the same may remain in Custody for the true Proprietor, when it shall be adjudged in the Admiralty; to which your Petitioner shall submit.

§

June 13. 1645.

At the Committee of the Lords and Commons for the Admiralty of the Cinque Ports; Ordered, it be referred to the Judge of the Admiralty Court, to do in the Matter prayed, according to Justice, taking Care that the State have right in the Case of Customes, and the Master and Mariners in point of Wages.

Subscribed
Warwick Else, Alexander Bence, John Rolles, Giles Green.

§

July 1. 1645.

Upon Tuesday being the first day of July 1645. Tho. Kynaston against 21/32 parts of the Ship Planter and her Tackle and Furniture, against William Tombes coming for interest herein, Yoe and Budd upon this day before Doctor Sames Judge of the Admiralty Court, in his Chamber in Doctors Commons London, being present Edward Brian Notary Publick, appeared Mr. Budd Proctor for the said Williám Tombes, and presented to the said Judge The Humble Petition of the said William Tombes, directed To the Right Honourable the Lords and Commons for the Admiralty and Cinque Ports, together with their Order thereupon made, and the said Budd according to the tenour or effect of the said Order, did in the presence of Mr. Yoe, Proctor for the said Thomas Kynaston, desire the Judge to decree the said Ship the Planter, and her Tackle and furniture to be exposed by the Marshal of the Court to publick sale, and to be sold to him that offers most, and the Kings Customs and the salaries justly due to the Master and Mariners in the said Ship, to be paid out of the moneys arising from the sale of the said Ship; and he further desired that the residue of the said moneys might remain with the aforesaid Marshal of the Court, until it shall be otherwise Ordered in that behalf from this Court; All which the Judge at his Petition decreed accordingly.

Memorandum, that Mr. Tombes sold the Ship Planter, the Salt Peter, Pepper, and other goods in her, for Sir Paul Pindar's Accompt in part of the money due to him.

The Impost and Excise in the Low-Countryes for the Publique Charge continued since the Union.

[Page]

PAyeth by the Family, according as it is great or small, so much per an. Salt. as they are taxed.

30 Stivers the Barrel of Beer Brewed in Holland. On Beer for Burghers.

34 Stivers the Barrel if Brewed in any other of the United Provinces.

118 Stivers the Barrel if Brewed without the Provinces.

2 Stivers per Barrel paid by the Brewer, and 12 Stivers for every Brewing Tappers or Retailers. for his Families drinking.

114 Stivers the Barrel if Brewed within the Provinces.

148 Stivers the Barrel if Brewed without the Provinces.

4 Stivers the Stope of French Wine, which is somewhat above a Pottle. On Wine.

6 Stivers the Stope for Rhenish, Spanish, or other sorts of Wine.

Tappers or those that sell Wine by Retail pay double Excise.

96 Stivers the Ame, which is 40 Gallons English measure. Vineager.

8 Stivers the Stope if made of Wine. Brande or Aquavitae

5 Stivers the Stope if made of Beer or Malt.

22 Stivers the Last of Wheat. Corn for Meetage.

25 Stivers the Last of Rye.

36 Stivers the Last of Rape seed, and other small seeds.

63 Gilders 12 Stivers the Last of Wheat or Meslin. Tobe grownd

31 Gilders 16 Stivers the Last of Rye

21 Gilders 4 Stivers the Last of Barley, Oates, and Beans.

11 Gilders 15 Stivers the last of Buck.

4 Gilders the Barrel, which contains 320 l. weight. Butter.

4 Gilders the But or Pipe. Oyle.

3 Gilders the Tunne of Train Oyl.

1 Stiver the pound if made of Waxe. Candles.

½ Stiver the pound if made of Tallow.

3 Gilders the 100 l. Starch.

6 Gilders 8 Stivers the Barrel, or Ton, Cake or Castle Sope ¾ of a Stiver Sope. the pound.

1½ Stiver the Barrel or Ton. Turffe and Coles.

18 Gilders the 100 Scales of Scoth Cole, each scale containing 250 l.

48 Gilders the Hood or Chaldron of Seacoles.

The eighth part of whatsoever it cost. Fire wood.

Horses three years old and above 2 Stivers per Month. Cattell.

Oxen or Cowes above three years old 3 Stivers per Month.

Oxen, Cowes, Calves, Sheep, Lambs, Hoggs, Pigs, &c. the seventh part Te be killed. of whatsoever they cost.

Barrel Fish and Herrings, 20 Stivers the Barrel. Fish.

Sturgeon, Salmon, &c. the ninth part of what it cost.

Of all sorts the Eighth part of whatsoever it cost. Fruit.

3 Stivers the pound weight. Tobacco.

Pitch the Barrel 16 Stivers. Pitch and Tarre.

Tarre the Barrel 10 Stivers.

English white Pack-clothes 6 Gilders the peice. Cloth.

Fine Worcester white Clothes 16 Gilders the peice.

Of low price, one Stiver per peice. Stuffes.

The twelfth part of the value or cost. Silks of all sorts.

[Page] The Ninth part of the value or cost. Tapistry and Gilt leather.

One sixth part of the yearly value or rent, if it be let, if not the owner Lands and houses. pays it by Taxation.

All Arable lands which are sowed, or Orchards planted, pay 2¼ Stivers per Acre, every month to be accounted from the time of its sowing untill it be mowed.

Of lands or houses pay the 40 part of whatever they are sold for, as often as they are sold and alienated. Alienation.

Pay the 20 part of the Inheritance which comes by a side line if the legacy Collateral successions or Legaters. not given to a pious use.

For all men or maid servants, the Masters or Mistresses thereof pay one Servants. Gilder per an for every Servant.

Two Stivers for every small seal, and four Stivers for the great, to be set Seal money. on a Sheet of Paper; and to make this Taxe considerable, it is ordered that all Deeds, Contracts, Wills, &c. of what nature soever that are not so sealed, shall be held as invalid, and no judgement to be given on them in Law.

All goods whatsoever sold by Weight, to be weighed, whereof there Weigh house. is a set rate what each sort payeth.

The Retailer or Shopkeeper doth compound yearly for this Taxe to prevent the infinite trouble thereof. Which amounteth to an innumerable summe yearly.

Besides all which there are Taxes extraordinary, as often as necessity requireth, whereof the States only are Judges, viz.

The thousand part, sometimes the five hundred, and sometimes the two hundred part of every mans estate rich or poor, whereof none are exempt but such as recieve Alms.

All men are taxed according to common report by the Magistrates of their several Cities and Towns, and the party grieved at his Assessement declaring upon Oath that his estate is not worth so much shall be relieved.

But its seldome that any make themselves poorer then common report speaks them, for their own credit sake, and this amounts to very much. Whereby the yearly revenue is made as great as the States themselves please, and renders them so considerable, that they think themselves equal with most Princes of Europe.

The repartition what each Province payeth part to a hundred pound.

Gelderland payeth 5-12-3

Holland payeth 58-6-2

Zealand payeth 9-3-8

Utrecht payeth 5-16-7¾

Vriesland payeth 11-13-2¾

Overyssel payeth 3-11 5

Groeuingen payeth 5-16-7-½

XII. Select Articles of the Peace and mutual Commerse between Henry the Seventh King of England and Philip Arch-Duke of Austria and Duke of Burgundy, concluded and Signed at London the 24. of February 1495. Taken from the Original.

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Artic. XIII. Mercatoribus utrius (que) Principis tutum libere habitare.

ITem, Conventum est ut supra: Quod mercatores utriusque partis partium praedictarum, ac eorum factores, familiares, negotiorum gestores & ministri, nautae, magistri navium & marinarii tuto & secure morabuntur in regnis, dominiis, terris & patriis Principum praedictorum, & eorum utriusque; Nec non in eorum portubus & littoribus cum eorum bonis, navibus & mercantiis quibuscunque absque eo quod ipsi vel eorum aliquis ullum damnum, injuriam, vel praejudicium aliquod, aliis mercatoribus cujuscunque alterius nationis, aut eorum factoribus, negotiorum gestoribus, ministris, nautis, magistris navium aut marinariis faciant, aut fieri procurent. Et quod mercatores aliarum patriarum nationum, eorum factores, negotiorum gestores, ministri, nautae, magistri navium & marinarii, mercatoribus & subditis alicujus Principis, Principum praedictorum, nullum damnum, injuriam, vel praejudicium aliquod in locis praedictis inferant, aut inferri procurent.

Artic. XIV. Piscatoribus utriusque Principis subditis tam per mare quam terra liberum commeatum fore.

Item, Conventum est ut supra, Quod Piscatores utriusque partis partium praedictarum cujuscunque Conditionis existant, poterunt ubique ire, navigare, per mare secure piscari, absque aliquo impedimento, licentia, seu salvo conductu. Et si contingat aliquos ex Piscatoribus unius partis, per fortunam, tempestatem maris, vim hostium aut alio modo compelli intrare in aliquem portum vel districtum alterius partis; Idem pacifice & amicabiliter recipientur & tractabuntur, solvendo in locis ubi applicabunt jura & telonia praedicta, & ab aliis portubus & locis poterunt libere recidere, & redire cum eorum navibus & bonis, sine impedimento vel contradictione quacunque: Dummodo tamen per ipsos Piscatores non committatur fraus neque dolus, seu per eos aliis damnum minime fiat.

Artic. XVII. Cautio praestanda pro Navibus in Mare exituris.

Item ad finem, ut Captiones Navium, personarum & bonorum unius partis super alteram de caetero cessent, conventum, concordatum, & conclusum est, quod quandocunque aliqua Navis, cujuscunque Indigenae, unius vel alterius partis partium praedictarum, exitura est ab aliquo portu sive districtu Principum praedictorum, seu eorum alterius, Majores & Gubernatores Civitatis, Oppidi sive villae, quibus portus sive districtus hujusmodi adjacent, quibuscunque nominibus, Officiis aut appellationibus iidem Gubernatores censeantur, capiant sufficientes securitates de & pro dominis, proprietariis, possessoribus, magistris, Bursariis & Victuellariis navis hujusmodi, ad duplum valoris navis apparatus, & victualium ejusdem, Quod magister ejusdem Navis, Capitanei, Marinarii, & omnes in eadem Nave existentes, cujuscunque status aut conditionis existant, servabunt pacem erga quoscunque subditos Principum praedictorum, & quod nullam eis injuriam seu violentiam in terra, Mari, fluminibus, aut portu aliquo facere vel inferri presumant. Quod si hujusmodi securitatem praestare noluerint, non permittent, imo impedient expresse ipsos Mercatores & gubernatores navium hujusmodi quoquo modo exire, nisi proprietarii sive Bursarii ejusdem navis Regalem vel Archiducalem licentiam respective suo sub sigillo eisdem exhibuerint, quod licite cum sua navi, sine ulla cautionis praestatione exire potuerint. In quo casu si ipsi sic per Principem suum licentiati, subditos alterius Principis spoliaverint aut damnificaverint & solvendo non fuerint, tunc per eundem Principem sic licentiantem plena satisfactio fiet partibus sic damnificatis. Quoties autem securitatem praemissam Majores & Gubernatores [Page] Civitatum, villarum & oppidorum, unius partis aut alterius exegerint, dabunt literas àuthenticas sub eorum communi sigillo, proprietariis, possessoribus, magistris seu Bursariis illius navis, sic assecurare testificantes ipsius securitatis praestationem, ad finem, ut ipsarum literarum vigore navis hujusmodi, alios, ad quos forsitan applicabit portus, absque nov a securitatis praestatione libere exire valeat.

Artic. XIX. Si Navis ab extranco capta fuerit in portu Principis.

Item, Conventum est ut supra: Quod si aliquae naves, per aliquem non subditum Principibus praedictis, captae fuerint in portu aliquo aut Franchisiis alicujus Principum praedictorum, tenebitur ille princeps, in cujus portu aut Franchisiis navis illa capta fuerit una cum altero Principe pro testitutione dictae Navis prosequi, sumptibus tamen & exensis damnificatae partis.

Artic. XX. Non impedient venientes ab oriente.

Item, Conventum est ut supra: Quod nullum praebebitur impedimentum, per unam partem vel alteram, venientibus de partibus Orientalibus, neutri parti inimicis, cum vasis vel Navibus quibuscunque oneratis victualibus, mercantiis, vel aliis bonis, versus Regna, patrias, dominia, aut terras unius vel alterius Principum praedictorum.

Artic. XXII. Naves alterutrius libertatem subditorum habere.

Item, Conventum est ut supra: Quod Nautae, magistri Navium & Marinarii, subditi praefatorum Principum, post adventum ipsorum ad portus unius vel alterius Principum eorundem, poterunt libere imponere & ligare eorum Naves tam oneratas & non oneratas, quam ad guerram dispositas, dummodo non fuerint Piratîcae, in eisdem portubus & littoribus eodem modo, quo poterunt ipsius Principis subditi proprii.

Artic. XXIV. Si Navis naufragium fecerit.

Item, Conventum est, &c. Quod quotiescunque contigerit, aliquam Navem unius partium praedictarum cum bonis & mercandisis oneratam, per fortunam tempestatis maris, vel alio casu quocunque tangere terram & naufragium facere, periclitari, aut alio modo quocunque perire, prope portus, limites & costeras, vel in portubus, limitibus aut costeris alterius partis, licet in ipsa navi non remaneat vir, mulier, puer, cattus, canis; vel gallus vivens, bona tamen & merchandisae qualiacunque, quae ad terram applicabunt, vel aliter servari aut recuperari continget, non propter hoc dicentur confiscata, nec pro confiscatis reputabuntur, sed per Officiarios locorum, in quibus sic casus acciderit, salvae & securae custodiae committentur, sub eadem sic remansura per annum unum & diem tunc proxime & immediate sequentem: Intra quem terminum si quisquam supervenerit, & si rerum ac bonorum ipsorum certum proprietarium fuisse constiterit, res & bona, ipsi sine difficultate vel dilatione aliqua plene restituentur, solvendo tamen iis, quorum opera & diligentia res & bona ipsa recuperata, salvata, & custodita fuerint, rationabiles expensas, & custodibus salarium competens, prout ratio & aequitas postulabit.

Artic. XXV. Mercatores alterutrius licere domos habere.

Item, Conventum est ut supra: Quod Mercatores qui subditi sunt uni Principum praedictorum, poterunt tehere & habere in villis & oppidis alterius Principis domos & habitationes, pro ipsis & rebus suis in iisdem recipiendis, servandis & exponendis: ibidemque iisdem Privilegiis, libertatibus & Franchisiis, utentur & gaudebunt, quibus ibidem usi & gavisi sunt ante quinquaginta ann. ultimè & immediaté praecedentes, adeoque benigne & amicabiliter tractabuntur in iisdem, sicut aliae nationes ipsas villas & patrias frequentantes.

Artic. XXVIII. De damno illato.

Item, Conventum est, &c. Quod quotiescunque contigerit, subditos domini Regis Angiiae à subditis praefati domini Archiducis, vel subditos ejusdem domini Archiducis a subditis praedicti domini Regis Angliae, quoquo modo laedi vel damnificari, non debent propterea per literas represaliorum, marcae, vel contra marcae, aut alia mandata quaecunque (debitis admonitionibus & submonitionibus non praecedentibus) qui damna non intulerunt, ad petitionem damnificatorum, vel alio modo in personis vel bonis arrestari, vel quovis modo impediri aut molestari. Nec guerra ob id fieri vel moveri debet, sed per Principes unius vel alterius partis attentata, ipsa debite reparabuntur, [Page] & in priorem statum reponentur; hujusmodique literae represaliorum, marcae, & contra marcae & similia mandata quaecunque, nisi praedictis admonitionibus, quoad ipsas partes; submonitionibus, quoad Principes praecedentibus & legitime factis, deinceps omnino: Et si aliter concedantur, pro nullis habeantur.

Artic. XXIX. Praeterita represalia in suspenso habeantur.

Item, Conventum est ut supra: Quod omnes & singulae literae represaliorum, aut de marca vel contra marca, ex Cancellaria vel alia curia Principum praedictorum, aut eorundem praedecessorum, ad cujuscunque prosecutionem, vel ob causam quamcunque ante concessae vel emissae, in suspenso tenebuntur, nec poterit earum aliqua fieri executio, nisi super earum meritis habita cognitione indicta, ad hoc per ipsos Principes specialiter deputandum, aliter fuerit ordinatum: Et pari modo omnes & singulae depraedationes & violentae captiones super mare hinc inde, ante diem Octob. decimum tertium ultimo praeteritum factae, similiter tenebuntur in suspenso: nec poterit super iisdem aut eorum aliqua actio intentari aut admitti. Nec literae represaliorum dari, nisi super eorum meritis habita cognitione indicta, ad hoc per ipsos Principes specialiter deputandum, aliter fuerit ordinatum.

Art. XXXIII. Deputati convenient pro sedandis discordiis inter mercatores stapulae Calesiae.

Item, Conventum est ut supra: Quod in sedandum & componendum lites, discordias & differentias, inter mercatores stapulae Calesiae & subditos domini Archiducis, stapulam concernentes in villa Calesiae, primo die Maij proxime futuro convenient deputati mercatorum utriusque partis: Et casu, quo per ipsos deputatos hujusmodi lites, discordiae & differentiae, sedari & componi non possint, fiet relatio Principibus praedictis, qui aliter pro hujusmodi litibus discordiis & differentiis sedandis, prout ratio & aequitas dictabunt, providebùnt.

Artic. XXXV. Obligatio Nobilium & Civitatum.

Item ad securiorem & firmiorem tam amicitiarum quam Mercium Intercursus observantiam, praefatus dominus Rex per suas literas mandatum dabit speciale, Reverend. in Christo patri domino Ioanni Cardinali, Cantuariensi Archiepiscopo, & Apostolicae sedis legato, Reverendiss. in Christo patribus, D. Richardo Dunelmensi Episcopo, custodi privati sigilli; D. Thomae Wintoniensi Episcopo, Ioanni Dinham, Domino Dinham, Thesaurario Angliae, Thomae domino Marchioni Dorset; Ioanni Comiti Oxoniensi, magno Camerario; Edmondo, Comiti Suffolk; Thomae Comiti Arundel; Thomae Comiti Derbiae; Georgio Comiti Salisburiae; Ioanni Wallis Vice Comiti Dabiney, AEgidio, Domino Dabiney, Ioanni Priori domus sancti Ioan. Jerusalem in Anglia: Nec non Majoribus, Ballivis Civitatum ac Oppidorum sequentium ut supra, Londinum, Eboracum, Bristollium, Wintonium, Cantuaria, Rochestria, Southamptonia, Santwichum, Doberium, Linna, Dertmouth, Plimouth, Hulla, Winchelsea, Bostonia, Yarmouth & Bervicum: Quod se obligabunt & quilibet eorum se obligabit, in formam sequentem: Omnibus Christi fidelibus has liter as inspecturis, visuris & audituris, Ioannes Cardinalis Archiepiscopus Cantuariensis; Rich. Dunelmensis Episcop. Thomas Winton Episcopus; Ioannes Dynham; Thomas Marchio Dorset, Joannes Vicecomes Oxoniensis, Edmundus Comes Suffolk, Thomas, Comes Arundel, Thomas, Comes Derbiae, Thomas, Comes Salisbur. Joann. Welles, Vicecomes; AEgidius Dabiney, Ioannes, Prior domus sancti Joan. Jerusalem in Anglia: Nec non Majores, Ballivis Villarum seu Oppidorum de Lond. Eborac. Bristol. Winton, Cantuar. Rochest. Southampton, Sandwich, Dover, Linne, Dartmouth, Plimouth, Hulle, Winchelsea, Boston, Yarmouth & Berwick, Salutem in domino sempiternam. Cum inter illustr. Principem Henricum, Dei gratia, Angliae, Franciaeque Regem, & dominum Hiberniae, ex una, & Sereniss. Principem Philippum Dei gratia Austriae Archiducem, Burgundiae Ducem, &c. ex altera parte, quidam amicitiarum, intelligentiarum, & mercium intercursus, Mercatorumque communicatio, ac alia etiam eosdem Principes, & subditorum suorum, Regnorum patriarumque utilitatem concernentia, tractatus & foedera, data 24 die mensis Februarii anno Domini 1495. Londini inita, conventa, conclusa, & finaliter determinata fuerint, quos quidem tractatus amicitiarum & mercium Intercursus, vidimus & intelleximus & hic pro insertis habere voluimus: Noveritis nos praefatos Joannem Cardinalem, Archiepiscop. Cantuar. Richar. Dunelmens. [Page] Episcopos, &c. Et Majores, Ballivos Villarum sive oppidorum praedictorum, ad Requestam & Mandatum praefati domini Regis, ac suarum literarum nobis in ea parte directarum & deliberatarum, quas hic pro insertis habere voluimus, contemplatione, in bona fide promisisse, ac nos & quemlibet nostrûm haeredes & successores nostros, praefato illustris. Principi Philippo, Archiduci Austriae, Duci Burgundiae, &c. ejusque haeredibus & successoribus, sub hypotheca & obligatione omnium bonorum nostrorum praesentium & futurorum obligasse, sic que per praesentes, promittimus & obligamus, quod effectualiter procurabimus, instabimus, ac quantum in nobis erit essiciemus, Quod idem dominus Rex, ejusque haeredes & successores, omnia & singula praedicta, tam amicitiarum quam mercium intercursus, omniaque & singula in eisdem contenta & specifica, a, bene & fideliter tenebunt, observabunt & ad implebunt, ac per nos subditos, Vassallos, quantum eos concernit, ac in posterum concernet, bene & fideliter facient teneri, observari & adimpleri, & in contravenientes justitiam ministrabunt, seu ministrari facient. In cujus rei testimonium, &c. Et pari modo illust. Dux, Archidux, per suas literas mandatum dabit speciale, Reverend. in Christo patri & domino Henrico de Bergis, Episc. Cameracensi, Carolo de Croy, Principi de Chimay, Philippo de Burgundia, domino de Bevres, Joanni, domino Egmondo, Gubernatori, Hollandiae; Wilhelmo de Croy, domino de Chievre, Antonio de Rellin, domino de Emeri; Baldowino de Lannoy, domino de Molenbays; Francisco de Busleyden, domino praeposito Leodiens. & sancti Donatiani, ac Joan. de Tinare, Denteville domino Capitaneo de Brugis, nec non Burgimagistris Villarum seu oppidorum de Gandavo, Brugis, Ypres, Dunkercke, Nieuport, Antverpia, Berges, Dordrecht, Delft, Leyden, Amsterdam, Middelborch, Ziericzee, Vere, Mechlinia, & Bruxella & Briela, quod se obligabunt, & quilibeteorum se obligabit, secundum vim, formam & effectum obligationis praedictae, mutatisque in ea parte mutandis: Quas quidem omnes & singulas obligationes, modo & forma praemissis, conceptas, 15. die Maij proxime futura idem Illustrissim. Rex Angliae in Ecclesia beatae Mariae Virginis Calesiae, deputato vel deputatis dicti domini Archiducis tradet, deliberabit, & tradi & deliberari faciet: Et pari modo illustrissim. Dominus Archidux omnes & singulas obligationes, modo & forma praemissis, conceptas 15 die Maij praedicto, in Ecclesia praedicta, deputato, vel deputatis ejusdem Regis, tradet & deliberabit, aut tradi & deliberari faciet.

One and Twenty Select Articles of the Treaty of Peace between the Crowns of France and Spain, concluded and Signed upon the Confines of the Pyrenean Mountains the 7th of November 1659. Translated from the Original.

That all Enmity or Misunderstanding shall be forgotten by either parties, upon occasion of the present Wars.

Art. IV. ALL occasions of enmity or misunderstanding, shall remain extinguished and for ever abolished: and whatsoever hath been done, or hath happened, upon occasion of the present Wars, or during the same, shall be put into perpetual oblivion: so that for the future, of neither side, neither directly nor indirectly, shall any inquiry be made for the same, by Justice, or otherwise, under any pretence whatsoever: nor shall their Majesties, or their Subjects, Servants, or Adherents of either side, shew any manner of remembrance of any offences or damages suffered during the War.

That the Subjects of both sides shall have liberty to trade in one anothers Countries without any Lets or molestations.

Art. V. By means of this Peace and strict amity, the Subjects of both sides, whatsoever, shall have liberty, they observing the Laws and Customes of the Countrey, to goe to and fro, to dwell, trad: and return into one anothers Countrey, Merchandizing, or as they [Page] shall think best, both by Land and by Sea, or any other Fresh waters, to treat and trade together: and the Subjects of the one shall be maintained and protected in the others Countreys, as their own Subjects, paying reasonably the Duties in all accustomed places, and such others, as by their Majesties and their Successors shall be imposed.

Priviledges mutually granted in each others Dominions.

Art. VI The Towns, Subjects, Merchants, and Inhabitants of the Kingdoms, Dominions, Provinces, and Countreys belonging to the most Christian King, shall enjoy the same Priviledges, Franchises, Liberties, and Sureties, in the Kingdome of Spain, and other Kingdoms and Dominions belonging to the Catholick King, as the English have by right enjoyed, by the last Treaties made between the two Crowns of Spain and England; and no greater Duties or Impositions shall be exacted of the French and other of the most Christian Kings Subjects, either in Spain, or any where else, within the Lands or other places of the Catholick Kings obedience, then have been paid by the English before the breach, or then are paid at this time, by the Inhabitants of the United Provinces of the Netherlands, or any other strangers that shall be there the more favourably intreated. The same shall be done, within the whole extent of the obedience of the said Lord the most Christian King, unto all the Subjects of the said Lord the Catholick King, of what Countrey or Nation soever they be.

The penalty of transporting prohibited goods.

Art. VII. In consequence of this, if the French, or any other of his most Christian Majesties Subjects, are found in the said Kingdoms of Spain, or upon the Coasts thereof, to have shipped, or caused to be shipped upon their Vessels, in what manner soever it may be, any prohibited goods, to transport them out of the said Kingdomes, the penalty shall not extend further then hath been heretofore practised, in such cases, towards the English; or then it is, at this time practised towards the Hollanders, in consequence of the Treaties made with England or the United Provinces: and all Inquiries or Processes hitherto made, about the same, shall remain null and be extinguished. The same shall be observed towards the Towns, Subjects and Inhabitants of the Kingdoms and Lands belonging to the said Lord the Catholick King, who shall enjoy the same Priviledges, Franchises, and Liberties, throughout all the Dominions of the said Lord the most Christian King.

The form and manner of exhibiting Passes and Dockets as to the Spanish Ships.

Art. XIV. That the Ships and Barques, with the Merchandizes belonging to the Subjects of the Lord, the most Christian King, being come into any Haven of the Lord Catholick King, where they used to come and trade before the present War, and being willing from thence, to pass unto the Ports belonging to the said Enemies, they shall onely be bound to shew to the Officers of the Spanish Port, or of any other of the said Lord and Kings Dominions, from whence they are to go, their Passes, containing the specification of the lading of their Ships, attested and marked with the ordinary hand and seal, and acknowledged by the Officers of the Admiralty of the places from whence they came first, with the Declaration of the place, for which they are bound; the whole in the Ordinary and accustomed Form: After which exhibiting of their Passes, in the form aforesaid, they shall not be disturbed or molested, detained nor retarded in their voyages, under any pretence whatsoever.

Passes as to the French Ships.

Art. XV. The same shall be done, as to the French Ships and Barques that shall go into any Roads of the Catholick Kings Dominion, where they used to trade before the present War, and shall be unwilling to enter into the Harbours, or being entred there, yet will not unlade or break Bulk; who shall not be obliged to give any account of their lading, but only in case of suspition, that they are carrying any contrebanda-Goods unto the enemies of the said Lord the Catholick King, as aforesaid.

Passes to be shown upon great Suspicion.

Art. XVI. And in the said case of apparent suspition, the said Subjects of the most Christian King, shall be obliged to show in the Ports, their Passes, in the form above specified.

Passes to be shown to the Spanish by the French in the Roads or the open Sea.

Art. XVII. But if they be entered into the Roads, or be met in open Sea by any of the said Lord the Catholick Kings ships, or by private Men of War of his Subjects; the said Spanish [Page] Ships, to avoid all kind of disorder, shall not come nearer to the French, then the reach of the Canon, and shall have power to send their cock boat or shallop aboard the said French Ships or Barques, and cause two or three of their men only to go into them, to whom shall the Passes be shewed by the Master or Patron of the French Ship, in the manner aforesaid, according unto the Form that shall be inserted at the end of this Treaty; whereby it might appear, not only of their lading, but also of the place of their abode and residence, and of the name both of the Master and Patron, and of the Ship it self: That by those two means it may be known whether they carry any prohibited goods: and that it may sufficiently appear, both of the quality of the said Ship, and of its Master and Patron; unto which Passes and Sea Letters, full Faith and Credit shall be given. And to the end their validity might be the better known, and that they might not, in any wise be falsified and counterfeited, there shall be given in, certain marks and subscriptions of both the said Lords and Kings.

Contrabanda, Merehandize confiscated.

Art. XVIII. And in case there be found in the said French Vessels and Barques by the means aforesaid, any Merchandizes and Commodities, before declared to be prohibited and contrebanda, the same shall be unladen, denounced and confiscated before the Judges of the Admiralty of Spain, or any other Competent Judges; yet for all that, neither the Ship and Barque, nor any other of the lawful and permitted goods, Merchandizes and Commodities found therein, shall in any wise be seized on or confiscated.

Free Trade and Commerce mutually enjoyed.

Art. XX. All the Subjects of the said Lord the Catholick King, shall mutually enjoy the same Rights, Liberties and Immunities in their Trade and Commerce, within the Ports, Roads, Seas and Dominions of his most Christian Majesty. And what hath been abovesaid, that the Subjects of the said Lord, the most Christian King, shall enjoy in his Catholick Majesties Ports, [...]n open Sea, ought to be understood, that the equality shall be mutual, in all manner, on both sides, even in case hereafter the said Lord the Catholick King, should happen to be at peace, amity and neutrality with any Kings, Princes and States, that should become the Enemies of the said Lord the most Christian King; each of both the parties being mutually to use the same conditions and restrictions expressed in the Articles of the present Treaty, concerning the trade and commerce.

Further provision against Frauds and Inconveniencies in Trade and Commerce.

Art. XXI. In case, of either side, there happens any contravention to the said Articles, touching the Commerce, by the Officers of the Admiralty of either of the two Lords and Kings, or any other person whatsoever, the complaint thereof being addressed by the interessed Parties, unto their Majesties themselves or their Councils for the Navy, their said Majesties shall presently cause the damage to be repaired, and all things to be executed in in the manner aforesaid. And in case, in progresse of times, any frauds or inconveniences should be discovered touching the said Commerce and Navigation, not sufficiently provided against by the aforesaid Articles, new ones shall be added thereto, of such other precautions, as shall be thought convenient on both parts: The present Treaty remaining yet, in the mean while, in its force and vigor.

Speedy Justice to be done to Foreigners.

Art. XXII. All Goods and Merchandizes arrested in either of the Kingdoms, upon the Subjects of the said Lords and Kings; at the time of the Declaration of War, shall be uprightly and bonâ fide restored to the Owners; in case they be found in esse, at the day of the publication of the present Treaty. And all Debts contracted before the War, which upon the said day of the publication of the present Treaty, shall be found not to have been actually paid unto others, by vertue of Judgements given upon Letters of confiscation or Reprisal, shall be bonâ fide acquitted and paid: And upon the demands and persuits that shall be made about them, the said Lords and Kings shall give order unto their Officers, to render as good and speedy Justice unto the Foreigners, as unto their own Subjects, without any distinction of persons.

Actions to be tryed when they first begun or did arise.

Art. XXIII. The actions that have been heretofore, or shall hereafter be intented before the Officers of the said Lords and Kings, for Prises, Spoils, and Reprisals, against such as are not Subjects to the Prince, in whose jurisdiction the said actions shall have been intented or begun, shall, without any difficulty, be returned before the Officers of the Prince, whose Subjects the Defendants shall be.

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Six Months time given in case of War to transport persons and goods.

Art. XXIV. And the better to secure, for the future, the Commerce and Amity between the Subjects of the said Lords and Kings, for the greater advantage and commodity of their Kingdomes, it hath been concluded and agreed, That there hapning hereafter any breach betwixt the two Crowns (which God forbid) six months time shall alwayes be given to the Subjects on both sides, to retire and transport their persons and goods, where they shall please: Which they shall be permitted to do, with all liberty, without any hinderance; and during that time there shall be no seisure made of their said goods, much less their persons arrested.

Advocates and Proctors to be Assistant to either party that retains them.

Art. XXV. The Inhabitants and Subjects of either side, shall every where within the Lands of the obedience of the said Lords and Kings, make use of such Advocates, Proctors, Notaries, and Sollicitors as they shall please; whereunto also, they shall be committed by the ordinary Judges, when need shall be, and when the said Judges shall be desired so to do. And it shall be lawful to the said Subjects and Inhabitants of both sides, to keep in the places of their abode, the Books of their trade and correspondence, in such a Language as they shall like best, either French, Spanish, Flemish, or any other, without falling thereby into any molestation or trouble.

Consuls appointed for Commerce in both Nations.

Art. XXVI. The said Lords and Kings shall have power for the commodity of their Subjects trading in one anothers Kingdoms and Dominions, to settle some Consuls of the same Nation of their said Subjects, who shall enjoy the Rights, Liberties, and Immunities belonging to their exercise and employment: And that establishment shall be made in such places, where with a mutual consent, it shall be thought necessary.

Letters of Marque and Reprisal in case of injustice.

Art. XXVII. All Letters of Mart and Reprisals that may have been formerly granted, for what cause soever, shall be suspended; and none shall be granted hereafter by either of the said Lords and Kings, to the prejudice of the Subjects of the other, unless in case of a manifest denial of Justice onely; whereof, and of the Summons made about the same, such as shall sue for the said Letters, shall be bound to bring good proofs according to the form and manner required by the Law.

Overtures made by the King of France concerning the Kingdome of Portugal.

Art. LX. Although his most Christian Majesty hath never been willing to ingage himself; notwithstanding the pressing instances made to him heretofore, backed even with very considerable offers, not to make the Peace without the exclusion of the Kingdom of Portugal, because his Majesty hath foreseen and feared least such an Engagement might be an unsurmountable obstruction to the conclusion of the Peace, and might consequently, reduce the two Kings to the necessity of a perpetual War; Yet his said most Christian Majesty wishing with an extreeme passion, to see the Kingdome of Portugal injoy the same quietnesse, which so many Christian States shall get, by the present Treaty, hath for that end, proposed a good number of parties and expedients, such as his Majesty thought might be satisfactory to his Catholick Majesty; among which, though as aforesaid his Majesty was no way ingaged in that Affair, his Majesty hath even gone so far therein, as to be willing to deprive himself of the principal fruit of the happinesse and successe his Arms have had, during the course of a long War, offering, besides the places his Majesty doth now restore by the present Treaty, unto his Catholick Majesty, to restore yet unto him all the rest of the Conquests generally made by his Arms during this War, and wholly to restore the Prince of Conde; Provided and upon that condition that the affairs of the Kingdome of Portugal should be left as they are now: which his Catholick Majesty having refused to accept, but only offering that in consideration of the mighty Offices of the said Lord the most Christian King, he would give his consent for setting all things in the said Kingdom of Portugal, in the same state they were afore the change arrived there in the Moneth of December, in the year 1640. pardoning and giving a general Amnesty for all what is past, and granting the reestablishment into all Estates, Honors, and Dignities, to all such, without distinction of persons, as returning under the obedience of his Catholick Majesty, shall put themselves again in posture to enjoy the effect of the present peace: At length, in consideration [Page] of the peace, and considering the absolute necessity his said most Christian Majesty hath been in, to perpetuate the War by breaking off the present Treaty, which his Majesty found to be unavoidable, in case he would have any longer insisted upon the obtaining, upon that affair, of his Catholick Majesty, other conditions then such as he offered, as aforesaid: And his said most Christian Majesty willing to prefer, as it ought to be, and is most just, the general quietnesse of Christendom, to the particular interest of the Kingdom of Portugal, for whose advantage, and in whose behalf, his said Majesty hath never omitted any thing of what depended of him, and did lie in his power, even to the making of such great offers as aforesaid, It hath been at length concluded and agreed between the said Lords and Kings, that there shall be granted unto his most Christian Majesty, a space of three moneths time, to begin from the day of the exchanging of the Ratifications of the present Treaty, during which his said Majesty may send into the said Kingdome of Portugal, to endevour so to dispose things there, and to reduce and compose that affair, that his Catholick Majesty may remain fully satisfied. Which three months being expired, if his said most Christian Majesties cares and offices have not had the desired effect, his said Majesty will no further meddle with that affair, and doth oblige and engage himself and promise upon his Honour, and in the word of a King, for himself and his successors, not to give unto the said Kingdom of Portugal, either in general, or to any person or persons in particular, of what dignity, state, condition, or quality soever they be, now or hereafter, any help or assistance, publick or secret, directly or indirectly, of Men, Arms, Ammunitions, Victuals, Ships, or Money, upon any pretence, nor any other thing whatsoever, by Sea or by Land, nor in any other manner. As also, not to suffer any levies to be made in any parts of his Kingdoms and Dominions: nor to grant passage to any that might come from other States, to the assistance of the said Kingdom of Portugal.

The King of France and Spain interposing with the Pope, on the behalf of the Duke of Parma, for discharging the Debts due to the Apostolical Chamber.

Art. C. The two Lords and Kings, upon the like consideration of plucking up the seeds of all differences, that might trouble the peace of Italy, have alse concluded that they will jointly interpose, sincerely and pressingly, their Offices and Supplications towards our holy Father the Pope, until they may have obtained of his Holinesse, the grace which their Majesties have so often demanded of him singly, in the behalf of the Duke of Parma, that he may have power to discharge, at several convenient intervals of time, the debt he hath contracted to the Apostolical Chamber by like intervals; and that by that means, and with tho engaging or alienating of part of his Dominions of Castro and Roneiglion [...], he may find such monies as are necessary unto him for the preservation of the rest of his Dominions. The which their Majesties do hope of the goodnesse of his Holinesse; no less by the desire he will have to prevent all occasions of discord in Christendome, then by his disposition to Favour a House so well meriting of the Holy Apostolical See.

The chief Allies comprehended in this Treaty on the French Part.

Art. CXXII. Besides the Duke of Savoy, the Duke of Modena, and the Prince of Monaco, who, as Allies of France, are of the chiefest Contractors in this Treaty, as aforesaid, by the common consent of the said Lords the most Christian and Catholick, shall be comprehended in this Peace and Alliance, if they will be comprehended therein, on his most Christian Majesties part, first, Our Holy Father the Pope, the Holy Apostolical See, the Electors and other Princes of the Empire, Allies and Confederates with his Majesty for the maintaining of the Peace of Munster, viz. the three Electors of Mentz, Colen, and the Count Palatine of the Rhine, the Duke of Newburg, the Dukes Auguste Christiane, Lewis and George William of Brunswick and Luneburg, the Landgrave of Hessen-Cassel, and the Landgrave of Darmstat, the Duke and the Seigniory of Venice, and the Thirteen Cantons of the League of Switzerland, and their Allies and Confederates and all other Kings, Potentates, Princes and States, Towns and particular persons, to whom his most Christian Majesty, upon a decent requisition made by them for it, will grant on his part, to be comprehended in this Treaty, and will name them, within a year after the publication of the Peace, unto his Catholick Majesty, by a particular declaration, to enjoy the benefit of the said Peace, both by the aforenamed, and by such as his Majesty shall name within the said time: their Majesties giving their Declaratory and Obligatory Letters, [Page] required in such case respectively; and the whole with an expresse Declaration, that the said Catholick King shall not have power, directly, nor indirectly to molest, by himself, or by others, any of those, who on the said Lord the most Christian Kings part, have been above, or hereafter shall be comprehended by a particular Declaration: and that if the Lord the Catholick King hath any pretensions against him, he shall onely have power to prosecute him by right, before competent Judges, and not by force, in what manner soever it may be.

The Allies on the Spanish Accompt.

CXXIII. And on the said Lord the Catholick Kings part, shall be comprehended in this Treaty (if they will therein be comprehended) our holy Father the Pope, the Apostolical See, the Emperor of the Romans, all the Archdukes of Austria, and all the Kings, Princes, Republicks, States and particular Persons, who, as Allies of this Crown, were named in the Treaty of Peace made at Vervins, 1598. and who shall have preserved, and do at this day preserve themselves in that Alliance. To whom are added now the United Provinces of the Low Countries, and the Duke of Guastale; as also, shall be comprehended all such others, as by common consent of the said Lords and Kings, shall be named within a year after the publication of the present Treaty, to whom, as also to the aforenamed if they desire it in particular, Letters of Nomination respectively Obligatory shall be given to enjoy the benefit of the said Peace, and with expresse Declaration, That the said Lord, the most Christian King, shall not have power, directly nor indirectly, by himself, or by others, to molest any of them: And if he hath any pretensions against them, he shall have power only to prosecute them by Right before competent Tudges, and not by Force.

Mr. John Darrel's deposition before one of the Masters of Chancery, concerning the Dutch Agreement with the Portugals in 1644.

IOhn Darrell of the Parish of St. Giles Criplegate in London Merchant; Aged about Sixty and six years, deposeth and saith, That he, the said John Darrell was at Goa, a Portugal City in East-India, in the imployment and service of William Courten Esq in the Month of January 1644. old Sile, and that on the 25. day of the said month, being Saturday, a Dutch Ship bound from Surrat to Batavia, came and Anchored without in the road of Goa, and that four or five Dutch-men came then a shore to the English, or Factory there, and related to Mr. Courten's Agent, John Farren, and to this Deponent, that upon an Agreement made between the Dutch, and the Viceroy of Goa, they were to pay unto the Portugalls the summe of One hundred thousand Rials of Eight, Spanish, for satisfaction of the Portugal goods taken in the Ship Bona Esperanza, bound for Maccao in the Imployment of Mr. Courten and others; and that twenty thousand of the said Royals should be detained for Mr. Courten towards his damages, although it were not so expressed or agreed: And this deponent further saith, that on the next day being Sunday and the 26. of January one Senior Vanderstell being chief of the Dutch Factory at Vingerly neer Goa, with three others, and a Churchman, came to the said City of Goa, and visited the said John Farren, and this Deponent at the English house there, and brought with them Fifty thousand of the said Rials, to pay unto the said Portugal Merchants, according to the agreement with the Viceroy aforesaid; and said moreover, that they had Order from the Governour and Councel of Batavia, to defalk and detain Twenty thousand Rials towards satisfaction of the English, interessed in the Bona Esperanza; and that they had likewise order to present Mr. Farren, Mr. Courten's Agent, with a considerable summe of money, to procure an accommodation and composure of the difference with the persons interessed in the same, but further cannot depose.

John Darrell.

Sworn this 14 of March 1661. before Sir Nathaniel Hobart one of His Majesties Masters of Chancery in the 14. Year of the Reign of King Charles the Second.

Nat. Hobart

The Deposition of Tho. Newman Merchant, taken upon Oath the 28. of January 1662. before Sir Walter Littleton Knight, Dr. of Laws, and one of the Masters in Chancery.

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THomas Newman of the Parish of St. Botolph Aldgate in London Merchant, Aged Forty seven years or thereabouts, maketh Oath, that he, the said Deponent, was Cape-Merchant, and Factor of the Cargazone, in the Ship Bona Esperanza, belonging to Mr. William Courten late of London Merchant, and others; And that he, this deponent in the year of our Lord 1643. making a Trading Voyage from Goa to Maccao, was violently taken by the Dutch East-India Companeys Ministers in the Straits of Malacca, to his own particular damage at that time the Sum of 1400 l. sterling; and saith, that to his own knowledge the several Depositions of Robert Gray, Andrew Wetton, Francis Hill, Richard Smith, Richard Wheeler, William Page, and Thomas Lamberton, since deceased, are all in substance true, he the said Deponent being an eye-witnesse thereof, and long acquainted with the trade of India and parts adjacent; and this Deponent saith, that after the Dutch Men of VVar had violently seised the said Ship, murthered the Master and several of the Mariners, wounded eleven others, and taken both the Portugals and English goods out of her, being a good new Ship and well built, took the said Ship, with the Guns, Ammunition and Provision to Goa, to the rest of their Fleet, and carried him, this Deponent, with Captain William Gurley Captain of the said ship, and the Mariners, to Malacca, where they were all detained Prisoners for the space of six months, and very inhumanely used, and afterwards sent to Batavia; and this Deponent saith, that Captain Gurley with grief for his losses and ill usage, as he was bound for England in the year 1644. died in a Dutch ship called the Whale Fish, whereof the Heere Caune was Commander, who sold all his Clothes, and some Jewels that he had at the Main Mast, amongst the rest, he this Deponent offered 250 Gilders for a Diamond Ring, but could not have the same, which were all converted to the use of the said Caune as this Deponent believeth. And this deponent further saith, That as to the 2750. l. sterling, left at Maccao, in a former voyage, being to remain upon agreement there for the space of three years, (for several privileges granted in Ports and Trade) and provided that if Mr. Courten and Company sent any other Ship and Merchandizes thither within that time then the said 2750 l. should be paid to the said Courten, in China goods at price currant, otherwise the said money to be lost: And this Deponent saith, that he, this Deponent, and Captain Gurley received Orders and Instructions from John Farren President for Mr. Courten at Goa, concerning the same, to act therein accordingly; but the Dutch having taken away all their Chests, with Papers and Writings, and disappointed them of their Voyage, whereby the said money was lost: And this deponent saith, that by reason of the said spoils and violence committed by the Dutch, Mr. Courten's Factories at Atcheene, Batacalla, Rajapore, Goa, Carwer, and Vizapore, were disappointed of relief and reputation, whereby they were forced to sell off what they had, for their own subsistance: But as to the particular damages of the 72000 l. sterling of Mr. Coutten and Company, in the loss of their Goods, and the intended voyage to Maccao as aforesaid, he this Deponent referreth himself to the depositions taken in his Majesties High Court of Admiralty as aforesaid.

Thomas Newman.

Mense Januar. 28. Anno 1662.

Jurat coram me Walter Littleton Milit. Legum Doctor uno Cancelar. Magistr.

Walter Littleton.

A Catalogue of their Names who by their Subscriptions are Capable of being chosen COMMITTEES of the East-India Company in England, for the Year 1662.

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A

Sir Tho. Allen Kt. & Bar.

Sir Joseph Ash Kt. & Bar.

Daniel Andrews Esq

George Arnold Esq

Thomas Arnold Esq

Joseph Alstone

William Atwood

Francis Ash

Francis Archer

William Allington

William Allen

John Adrian

Thomas Allen

Benjamin Albyn

Capt. William Asbly.

B

George Lord Berkley

Sir Joh. Brownloe Kt. & Bar.

Sir Fran. Burdet Kt. & Bar.

Sir William Bateman Kt.

Sir John Banks Kt.

Sir Thomas Bludworth Kt.

Sir Theoph. Biddulph Kt.

Sir Anthony Bateman Kt.

John Bathurst Alderman

Thomas Barnes Esq

Thomas Bewly Esq

Robert Burdet Esq

Edward Bolle Esq

Benjamin Barron Esq

Francis Bickley Esq

Thomas Bromfield Esq

Edward Backwell Esq

Capt. Arthur Bayley

Capt. John Brookhoven

Richard Boylstone

James Burton

John Berrisford Senior

Henry Boone

Thomas Bretton

Nathaniel Barnadiston

Thomas Blackerby

Michael Best

Abraham Babington

Richard Booth

VVilliam Bulkley

Humphry Brooms

George Blake

Henry Barnard

Capt. James Burkin

Richard Beckford

Samuel Barnadiston

Christopher Boone

John vanden Bergh

Thomas Bell

Robert Beake

Edwin Browne

Aaron Baker

Timothy Baldwin

Quarles Browne.

C

Sir Thomas Chambrelan Kt.

Thomas Culling Esq

Richard Chiverton Alderman

Thomas Cullvin Esq

Richard Clutterbuck Esq

Henry Chowne

James Clitherow

Benjamin Coles

Francis Clark

John Chevall

John Child

George Chandler

Robert Clarkson

Thomas Chamber

Peter Culley

Robert Cranmer

VVilliam Clark

Francis Clark

Samuel Crisp

Joseph Collier

Humphry Cliffe

John Cudworth

Josiah Child

Thomas Caine

Thomas Cànham

Robert Childcott

Nathaniel Collier

Joseph Colestone

Ellis Crisp

Robert Callow

Benjamin Collier

D

Sir James Drax

Sir John Dethick Kt.

John Duckenfield Esq

John Dickens

Michael Davison

[Page] Josias Dewey

Richard Davidg

Francis Dashwood

John Dogget

Edward Dudsan

Robert Dawes

VVilliam Drax

Giles Dunstar

Edward Dallow

Peter Daniell

E

James Edwards

Robert Ellis

F

Sir Thomas Foot Kt. & Bar.

Sir John Frederick Kt.

Sir Richard Ford Kt.

Edward Franklin

Thomas Fox

Simeou Fincham

G

Sir Nicholas Gould Baronet

Sir Jacob Gerrard Kt.

Thomas Gower Esq

John Godscall

George Gosfreight

Maurice Githen

VVilliam Gomeldon

Robert Giffery

John Gould

H

John Hether Esq

Thomas Hussey Esq

Matthew Holworthy

Edmond Harrison

Henry Hampson

John Hobby

Nathaniel Herne

Roger Hatton

John Harris

Richard Hutchinson

Abraham Hovener

VValter Hampton

Rowland Hill

Dierick Host

Edward Hopegood

VVilliam Harrington

Capt. Nicholas Hurlestone

VVilliam Hooker

Thomas Hawkes

Robert Handson

Henry Hunter

James Hublon Senior

Tobiah Harvey

Thomas Heatley

Humphry Holcomb

James Houblon Junior

I

Iohn Iollife Esq

Arthur Ingram Esq

Thomas Iuxon

Abraham Jaggard

Robert Ingram

Edward Jackson

Nicholas Juxon

Phillip Jackson

K

Sir Jonathan Keate Kt.

Thomas Kindal

Francis Knight Esq

Robert Knightly

Randall Knipe

L

Phillip Lord Viscount Lisle

Sir Iohn Lewis Kt.

Sir Iohn Lawrence Kt.

Sir Peter Leere Kt.

Robert Lant Esq

William Love Esq

Jarvis Lock

Stephen Langham

Godfrey Lee

James Leever

John Lethulier Junior

Peter De Lanoy

Richard Lant

Thomas Lemhall

Thomas Lewis

William Lant

Thomas Letchmer

William Lowfield

Anthony Luther

Thomas Lucas

John Lane

Thomas Langham

M

Sir James Modyford Kt.

Tempest Milner Alderman

Richard Mounteny

John Mascall

William Meggs

William Moyer

Thomas Martin

John Mews

Barnabas Meere

John Moore

Charles Mauriscoe

Lawrence Martell

Elias Morais

N

William Northy

Humphry Nicholson

Iames Noell

O

[Page]Collonel Iohn Owen

David Otgher junior

Capt. Iohn Owen

P

William Peake Alderman

Charles Pitfield Esq

Walter Pell Esq

Richard Poulter

Thomas Puckle

Anthony Philp

Thomas Papillon

Edward Pearce

Samuel Phelps

Iohn Parry

Iohn Page

William Potter

Thomas Pearle

Thomas Plampin

Paul Priaulx

William Parker

Christopher Penn

George Perryer

R

Sir Andrew Riccard Kt.

Sir William Ryder Kt.

Sir Iohn Robinson Kt.

Richard Reeves Alderman

Iohn Ramsey Esq

Thomas Roberts

William Robinson

Thomas Rich

Edward Rodden

Daniel Rawlinson

S

Sir George Smith Kt.

Iacob Strange

Henry Spurstow

Richard Spencer

Iohn Sweeting senior

James Smith

James Stanier

Abraham Sayon

William Sherrington

James Smith senior

Iohn Smith

Iames Southerby

Richard Sherbrook

Francis Sone

Thomas Stock

Richard Slany

Simon Snow

Matthew Sheppard junior

Henry Sayer

Roger Scattergood

George Snell

T

Sir William Thomson Kt.

Maurice Thomson Esq

Charles Thorold Esq

Richard Thorowgood

Thomas Tomlins

Henry Tulce

Ieofry Thomas

Capt. William Thomas

Giles Travers

Collonel George Thomson

Major Robert Thomson

Stephen Thornley

George Tuke

Francis Tryan

John Turner

Robert Thurkittle

John Tivell

Edward Tidcomb

Richard Turner

Thomas Tyte

John Thomson

V

Sir William Vincent Kt.

Sir Thomas Vyner Kt.

William Vannam Esq

Nicholas Vanacker

Peter Van de Putt

W

Sir Stephen White Kt.

Francis Warner Alderman

Rowland Wynn Esq

Richard Waring Esq

Edward Wood Esq

William Williams Esq

Thomas Winter

Samuel Wilson

Thomas Waring

Henry Whittingham

Edward White

Gregory Westcomb

James Vinstanly

Andrew West

William Wildigoes

Nicholas Wildbore

Valentine Wanley

Christopher VVilloughby

Richard VVynn

Thomas VVilson

James VVancourt

Capt. William Wildy

The Names of the present Governour, Deputy, and twenty four Committees.

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SIr Andrew Riccard Knight and Governour

SIR Thomas Chambrelan Knight and Deputy

George Lord Berkeley

Sir Joseph Ash Knight and Baronet

Sir William Thomson Kt.

Sir William Ryder Kt.

Sir Anthony Bateman Kt.

Sir Richard Ford Kt.

Sir George Smith Kt.

Sir Stephen White Kt.

Sir James Drax Kt.

Sir William Vincent Kt.

Wiliam Love Alderman

John Jolliffe Esq

Maurice Thomson Esq

William Williams Esq

Mr. Peter Uan De Putt

Mr. Samuel Barnadiston

Mr. Thomas Kendall

Mr. Christopher Boone

Mr. Robert Lant

Mr. Thomas Winter

Mr. Francis Clark

Mr. Christopher Willoughby

Mr. Thomas Bretton

Mr. Edward Pearce

NOte, That the whole Subscription of the East-India Company of England, in their last joint Stock, founded in Cromwell's time, was 800000. l. sterl. whereof 400000 l. was paid, and the other ready to be paid, if the Company could have imployed such a Stock in India or parts adjacent.

Note, That in the first year after this undertaking of the English, the Companies Actions in Holland, fell 40 l. and 50 l. in the rates current, but when they understood how the English proceeded, they came to their full values again.

Note, That when Sir William Courten set forth his Ships in 1635. and 1636. the Dutch Actions fell far lower, and the English Actions of the old Company did rise 20 l. and 30 l. in the 100 l. which never did the like before or after, and (for those reasons) that Trade was undermined and spoyled by the Dutch.

Note, That every Committee man in the English Company, hath a 1000 l. and upwards, in the Stock, otherwise he is not capable of being chosen into that office.

Note, That the Bewinthebbers or Directors of the East-India Company in Holland have the like summe of 1000 l. in the first principal Stock and upwards, otherwise they are not capable of that imployment.

Note, That the first original joint Stock of the East-India Company of the Netherlands, was 660000 l. sterling, in the year 1602. when they laid their foundation of East-India Trade, and that every 100 l. in that principal Stock, is now worth 460 l. and upwards, which rises and falls according to news good or bad every exchange time; but what a 100 l. in the several, first, second, third, and fourth joint Stocks are worth in the old English East-India Company, is not certainly known.

Note, That the Company of the Netherlands are different in their principals of Government and Trade both at home and abroad, from the English, which have so much advanced the one, and abased the other.

Consulta & Sententiae Gualteri Walkeri Militis, Gulielmi Turneri, Joannis Extoni, Timothes Baldvini, & Davidis Buddi, Doctorum & Professorum in Juri Civili super argumento subsequente.

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IN Causâ nobis allata, tangenti naves dictas Bona Esperanza, & Henry Bonadventure, pro quibus Joannes Ayton Miles, Georgius Carew, & Carolus Whitaker Armigeri, pro seipsis (& Omnibus interessatis,) utpote qui in se habent totum jus ad rem Gulielmi Courten, Edvardi Littleton, & Pauli Pindar Militum defunctorum, repetundarum & damnorum Batavos postulant.

1. Argumentum. Gulielmus Courten Armiger, alijque Mercatores Londinenses, qui cum illo Societatem iniverant, Literas Patentes magno Angliae sigillo confirmatas obtinuerunt, quibus in Indiam Orientalem, Chinam, & Regiones adjacentes, mercaturam exercendi ipsis jus erat concessum. Hac autoritate freti, postquàm aliquot negotiatorum sedes & Colonias in Oris maritimis mercaturae opportunis posuissent, anno 1641. duas Anglicanas naves (inter alias) appellationibus Bona Esperanza, & Henry Bonadventure insignitas, necnon mercimonijs pretiosis probè onustas ad mercaturam in Indiâ Orientali faciendam emiserant. Quarum Navium & bonorum partes septem ad praefatum Gulielmum Courten ex proprio jure spectabant, reliqua octava ad caeteros Mercatores Anglos.

2. Praedictus Gulielmus Courten per Syngrapham (quam Indenturam dicimus) factam 26. die Aprilis 1642. inter ipsum & Dominum Edvardum Littleton militem ob justam Considerationem inibi expressam, concessit, alienavit & vendidit nominato Domino Edvardo Littleton, inter aliàs, supradictas naves Bona Esperanza, & Henry Bonadventure unà cum ipsarum onere, mercibus, proventibus, lucris quibuscunque exinde exorituris, aut quae ad eum diem provenissent, idque alijs amplissimis & laxissimis verbis, prout, &c. habenda & tenenda eidem Domino Edvardo Littleton Executoribus & Assignatis suis ad usum suum proprium tanquam sua propria bona & Catilla exinde in sempiternum; prout habetur in memoratâ Indentura.

3. Postea verò, nempe 19. die Decembris 1642. per Indenturam tripartitam factam juxta normam Juris Anglicani inter praedictum Gulielmum Courten ex prima parte, praedictum Dominum Edvardum Littleton ex secunda, & Dominum Paulum Pindar ex tertia, Illi praefati Gulielmus Courten, & Dominus Edvardus Littleton, ob Considerationem inibi expressam, concesserunt, alienarunt & vendiderunt praedicto Domino Paulo Pindar (inter aliàs) naves praedictas Bona Esperanza, & Henry Bonadventura una cum omnibus ipsarum armamentis, aplust [...]ibus, oneribus, bonis, mercibus, reditibus, adventuris, pecunijs, sortibus, pecul [...]js, in earum utraque existentibus vel quoquo modo pertinentibus; itemque omnia emolumenta, commoda, lucra, beneficia, &c. exijsdem navibus in varijs suis profectionibus exorientia & accrescentia; necnon omne acplenum jus, dominium, titulum, vendicationem, & interesse quodcunque ipsi praedicti Gulielmus Courten & Dominus Edvardus Littleton eorumve alteruter ad omnia & singula praememorata habuissent, prout, &c,

4. His ità peractis, Societas Hollandorum Mercaturam ad Indiam Orientalém exercentium, anno 1643. (dum inter Anglos & Batavos pax esset) incidens in praedictam [Page] navem Bona Esperanza, eam hostilem in modum cum nonnullis navibus suis invaserunt oppugnarunt vi expugnarunt & depraedarunt; Anglos autem nautas, navi, mercimonijs, commodis, &c. exuerunt & spoliarunt. Itidemque bona omnia & coma eatum praedictae navis Henry Bonadveniure ceperunt & detinuerunt.

5. Quod vero ad damna & jacturas inde illatas attinet, praedicti, Dominus Joannes Ayton, Georgius Carew, ac Carolus Whitaker Armigeri, &c. ad quos secundum formam juris Anglicani, totum jus, & titulus, & dominium praedictorum Domini Gulielmi Courten, Edvardi Littleton & Pauli Pindar defunctorum pervenit, eadem sibi praestari, restitui & resarciri petunt ac flagitant.

Adversum haec ex parte Societatis Hollandicae praedictae octo Objectiones afferuntur.

1. Jus ad rem mobilem nisi per traditionem transferri non posse.

2. Per Indenturam tripartitam factam inter Gulielmum Courten, Dominum Edvardum Littleton & Dominum Paulum Pindar, datum 19. die Decembris 1642. duntaxat convenisse de cautione sive securitatum pecuniarum creditarum, jus autem plenarium ad naves earumque bona in Dominum Paulum Pindar nequaquam transtisse.

Verùm contra hasce duas Objectiones primò notandum est, Gulielmum Courten, Dominum Edvardum Littleton, & Dominum Panlum Pindar pariter omnes fuisse Anglos, deinde praedictam Indenturam tripartitam Venditionis & Emptionis, &c. factam fuisse ab Anglis in Anglià de navibus Anglicanis ipsarumque bonis ac mercibus tunc temporis in eorum peculio existentibus, & Nearchorum quorundam tutelae ac Curae dum in mari versarentur concreditis, &c. Unde juxta leges Angliae ista venditio & emptio firma erat ac valida, & per sigillationem & traditionem praedictae Indenturae jus omne ad emptorem delatum est, citra omnem traditionis posteriùs celebrandae necessitatem: siquidem clarissimum est ex jure Anglicano Rem mobilem (cujusmodi sunt naves & mercimonia) ab ipsius proprietario qui ipsam interventu Nearchi in possessione habeat, rectè alienari posse; traditione opus non esse, at sigillationem & traditionem syngraphae ad effectum juris abundè sufficere.

Quod cum ita se habeat, sequitur ex jure Anglicano Gulielmum Courten, quo tempore praedictas naves & bona primitùs Domino Edvardo Littleton concessit, se jure suo ad easdem, exuisse; Cum autem deinde Gulielmus Courten & Dominus Edvardus Littleton utrique simul Domino Paulo Pindar easdem concesserunt, itidem eorum utrumque jus suum transtulisse, prout, &c. Adeo ut praedicto Gulielmo Courten ex vi legis Anglicanae nullum ad praedictas naves jus deinceps restaret.

1. Quorum intuitu clarissimum esse censemus de Contractu praedicto ab Anglis in Anglia de navibus Anglicanis celebrato; juxta leges Civiles & recepta ac communia Gentium Jura, judicium ferendum esse (quoad ejusdem valitudinem & firmitudinem,) duntaxat secundum jus Anglicanum, non vero secundum quodvis aliud. Ac proinde cum omnia ad firmitudinem secundum legem Angliae requisita habuerit, everti non posse, tametsi circumstantiâ aliqua ex more alterius cujusvis Gentis requisitâ careret.

Cujus sententiae robur multis exemplis & judiciis statuminare at (que) indubitatum reddere possumus, si quando id postulabitur.

2. Nec difficile foret ostendere in hujusmodi casu etiam juxta Legem Civilem & receptas Jurisconsultorum regulas ac sententias, in praedictarum Indenturarum sigillatione & traditione ob considerationes inibi expressas, reverà fictam quandam rei ipsius traditionem inesse, quae ad transferendum jus Gulielmi Courten primùm ad Dominum Littleton, deinde ad Dom. Pindar sufficeret, prout, &c.

3. Tertiò Objiciunt Hollandi, Quod si naufragium vel aliud infortunium accidisset, Dominum Paulum Pindar jacturam sustinere non debuisse, sed ex Syngraphis Assecurationis remedium quaerere, ideòque illi jus ad Naves mereésve non competere.

Haec Objectio admodum infirma videtur. Quippe notum est, tum in jure, tum in [Page] praxi, Illum qui cum alio de avertendo periculo contractum secerit, posse in casu domni agere contra Assecuratorem; ad illud autem non teneri. Actio enim ejusmodi, cujus gratiâ Assecuratio facta est, non quidem obest sed remedii ulterioris loco est; adeò (que) si libeat, omitti potest, retento nihilominus rei dominio. Id quod non rar [...]accidit, nempe quoties pretium Navis aut Bonorum Assecuratorum summam pecuniae in Contractu memoratam, 5, 6, 7, 8, aut 10, vicibus exoperat; item (que) in Captura Praedatoria (qualis in nostro casu fuit) facta ab i [...] qui damnum praestare valent, qui (que) in judicium in eum finem vocari possunt.

4. Objiciunt quartò Domino Pindar non licuisse solutiones proportionnles suas postulare, nisi aliquot mensibus post reditum naviam ad Londinum; proinde damni emendationem non deberi.

Haec Objectio tum sanae Rationi, tum Juri Civili & Gentium repugnat.

Hollandi Naves & bona, de quibus Controversia est, praedatoriè & manu arrhatâ capiunt, alioqui Londinum ad possessionem. Domini Pindar reditura, ut inde sibi debita perciperet. Unde clarum per Hollandos stetiffe quo minùs naves illae & bona ad Londinum pervenerint, simul (que) eosdem in causa suisse quòd Dominus Pindar pecuniis sibi debitis prorsus orbatus fuerit.

Regula. In jure Civili receptum est, Quoties per cum, cujus interest conditionem non impleri, fiat quo minùs impleatur, perinde haberi ac si conditio impleta fuisset.

Adeo ut haec regula contra Hollandos valeat, ac si idem ab illis factum esset.

Quid? quod communis ratio ostendit Hollandos qui praedictas naves praedatoriè ceperunt, retinuerunt, ad usum suum converterunt, nec passi sunt ad Londinum reverti, causari non posse aliquid contra Dominum Pindar eò quòd ad Londinum non redierint. Hoc enim esset, contra regulam Juris & aequitatis fructum capere ex dolo suo proprio.

5. Quinto loco objisiunt, Syngrapham sive ladenturam Emptionis & Venditionis inter Gulielmum Courten, & Dominum Edw. Littleton, datum 26. Apr. 1662. non aliud voluisse, quàm ut caveretur ei, contra sponsiones & Fidejussiones; dictum (que) Dominum Littleton nihil pecuniarum pro Domino Courten persolvisse quo tempore facta est alienatio ad Pergens. Proinde Dominum ad naves praedictas & bona nondum â Domino Courten transiisse.

Huic Objectioni suprà satis responsum est; Nimirum Gulielmum Courten, per Sigillationem & traditionem Indentntae, sese omni dominio spoliasse, nihil (que) juris habuisse quo tempore dicitur fuisse facta translatio ad Pergens.

6. Sexte, objicitur, Quòd si jus Domini Edvardi Littleton aut cujusvis alterius proprietarii admittatur, tamen nova alicui allegationi aut praetensioni locum non esse, eò quòd Vendicatio non delata fuerit ad Anglos & Batavos Deputatos An. 1654. prout secundum Articulum Tractationis Cromwellianae tricesimum fieri oportuit.

Verùm hane Objectionem Articulus Tractationis inter Sacram Majestatem suam & Ordines Provinciarum Confoed. initae, decimus quintus, prorsus tollit, utpote in quo hanc Exceptionem reperire est. (Hoc excepto, quod scilicet qui se jacturam passos dicunt in duabus Navibus, viz. Bona Adventurà, & Bona Esperanza, poterunt litem inceptam prosequi.)

7. Septima Objectio est, Rescriptum sive Commissionem fundaum super Lege adversum Decoctores Lata, quod attinet, nec Statuta nec Consuetudinos Angliae locum habere posse in Germania Iuferiori, ubi omnia secundum Jus Civile & Gentium judicantur.

Resp. Jus Civile & Gentium de decoctoribus aliquid statuisse, eos infamia notatos velle, bona Creditoribus distribuenda adjudicare, ipsis interdixisse ne quos clandestinos contractus, compositiones, &c. quae Creditoribus obesse possint, post decoctionem compertam faciant.

Et hujus quidem rei Societas Hollandica (vel secundum id quod ponunt in hac septima Object.) notitiam habere debuit.

8. Octavò & ultimo objiciunt, si concedatur Dominum Courten solvendo imparem fuisse, quo tempore facta est ad Pergens alienatio, societati illud innotescere non [Page]potuisse, nempe cum incapacem redditum esse ad transferendum dominium alicujus rei quam in Provinciis Confoederatis haberet.

1 Cui Objectioni respondetur primo societatem cognoscere debuisse quid in hujusmod casibus Jus Civile & Consuetudo Gentium sanciverit, quorum vi decoctores omni jure transferendi bona sua etiam in Germania inferiori privantur.

2 Juris (quod obtenditur) à Domino Courten ad Pergens translationem, non fuisse factam ante annum 1645 & 1647. Quo tempore Domino Courten nihil prorsus juris erat aut tituli ad naves, bona, &c. praedicta; fiquidem omne jus suum & dominium, (quemádmodum suprà ostensum) ad Dominum Edvardum Littleton, & Dominum Paulum Pindar, antea, viz. Anno 1642. transtulisset, concessisset, & alienasset.

Et hic locum habet generalis Regula Juris recepta inter Gentes, Nemo plus juris in alium transferre potest quam ipse habeat.

3. Societati significatum fuisse Dominum Courten totum jus suum multò ante ad Dominos Edvardum Littleton, & Paulum Pindar transmisisse, adeó (que) ad Pergens prorsus nullum transferre potuisse; nec Pergens potestatem habere tractandi cum ipsis; quod si quid ita tractaretur, irritum & nuslum fore. Quare si his monitis neglectis, posteà obstinato animo ad contrahendum cum dicto Pergens processerint An. 1647. ipsi in culpa sunt ut qui exiguo vel nullo pretio illud ab homine comparare voluerint, penes quem nullum esset aut jus aut dominium.

Unde hîc Regulae locus,

Damnum quod quis culpa sua sentit, sustinere tenetur.

Adde quod societas (uti accepimus) gnara vitiosam effe dicti Pergens potestatem, cautionem sumserit de restituendo pretio si contractus in ipsorum damnum cederet.

Quare cum Objectionibus singulis responsum sit, humiliter concludimus, praedictis Objectionibus vel eorum qualibet (quae certè nobis invalidae contra Petitores videntur) neutiquam obstantibus,

Praedictos Dominum Joannem Ayton, Dominum Carew, Dominum Whitaker, & Socios, jus habere repetendi restitutionem, emendationem, & satisfactionem a praedicta societate, pro damno & jactura praedictarum Navium, Bonorum, Mercium, &c.

Gualter. Walker.

Guliel. Turnor

Jobannis Exton.

Timoth. Baldwin.

David. Budd.

Subscript. in presentia nos J. Daniel, Will. Allen. Notar. Public. 1662.

The Opinions and Resolutions of Sir John Glynn Kt. and Sir John Maynard Knight, the Kings Serjeants at Law; Sir Edward Turnor Knight, Speaker of the Commons-House in Parliament, and Attorney Generall to his Royal Highnesse the Duke of York, Bennet Hoskins Esq one of the Benchers, and Reader of the Middle Temple; and Samuel Baldwin Esq of the Inner-Temple, Councellor at Law; given upon the Case between the Assignees of William Courten and the East-India Company of the Netherlands.

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WIlliam Courten being interessed in several Ships and Merchandizes therein, they are put to Sea on Trading Voyages to the East-Indies.

26. April. 18. Carol. 1.

William Courten being indebted to several persons, and Sir Edw. Littleton being bound for him to them, William Courten grants (inter alia) the two Ships Bona Esperanza, and Henry Bona Adventure of London, with the Fraight, Stock, Merchandizes, and Polices of Assurance.

This Grant is made in consideration of 20. 5. and in general, for other considerations, provided if that William Courten or his Executors, &c. pay the Debts within twenty seven Months and save Sir Edward Littleton harmless, that then the Grant to be void.

19. Decemb. 18. Carol. 1.

William Courten, and Sir Edward Littleton reciting the first Deed and a great Debt of 24000. l. for a further security of that Debt, grant to Sir Paul Pindar his Executors and Assigns, all the Ships Apparel, Stocks of Merchandize, and the Polices of Assurance, and all their interest therein under divers Agreements; the Effect whereof is, that Sir Edward Littleton shall and may order and dispose of the said Returns for Pindar's satisfaction, by several proportions out of each Ship, and the Residue to be to Sir Edward Littleton for the purposes in the Indenture, and several other agreements; by all which it appears that Sir Paul Pindar was not to have more [Page] then satisfaction of his Debt, but after that satisfied in such manner as is expressed in the Indenture, the benefit of the Surplus was to be for Sir Edward Littleton and William Courten.

The Debts for which Sir Edward Littleton was bound, are not discharged within the 27. Months, nor are yet discharged, as appears by the Bonds, Counterbond and Outlawries upon record.

Then the ship Bona Esperanza is surprized in an hostile manner by the Subjects of Holland, and the Bona Adventure and her goods also taken into their possession.

1648. William Courten as is pretended in Holland, Assigns his Interest, and all the Stock, &c. to James Pergens, who makes Composition for the same. ‘The Question propounded is, Whether the Assignment or Transport to Pergens be valid, and the Composition made by him be good or no? or, Whether the Grant or Transport to Sir Edward Littleton, or by him and William Courten to Sir Paul Pindar be good or no?’

We conceive that both Questions fall into one, for if Littleton's or Pindar's Grant or Transport be valid, Pergen's Transport and Composition is void against Pindar and Littleton, and so è convenio.

We conceive that by the Common Law of England, there can no doubt be made, but that the interest and property of the ships and Merchandize in them, are really and effectually conveyed and transferred first unto Littleton, and then unto Sir Paul Pindar; and although it be so done under certain Conditions, or Provisoes, and Agreements, yet till performance of such Proviso by Courten in Littleton's Case, the interest remained in Littleton, and when that condition was not performed (as to this day it is not) the Grant becomes an absolute Grant, and Courten or his Assigns can never avoid it.

And as for Pindar's Grant, it is absolutely good, but the person of Pindar is subject after satisfaction made to him of his Debt, to give an accompt, and make satisfaction to Courten and Littleton, but that Power of drawing Pindar to accompt, no way lessens Pindar his right and property, he is perfectly Proprietarius by the Law of England.

And this being a Contract in England by Subjects of the Crown of England, and touching their own interest, we see not how it can be otherwise interpreted.

When Courten grants his interest to Littleton, it hath no condition, but that if Courten pay the Debts within the time limited, when that time is expired, and no payment made, the legal interest is absolutely out of Courten, and becomes Pindar's, not as Assignee of Courten, but as Assignee of Littleton; yet 'tis true, that Pindar after satisfaction to him of his Debts, was to make satisfaction of the surplusage, but not at all till such satisfaction.

Then Courten's Assignees can have no more or greater interest then himself had, nor could transfer any property to Pergens, because he himself had no property in the thing, but only a possibility or [Page] power to call Pindar to accompt for surplusage after satisfaction of Pindar's Debt, and not before.

As to these Eight Objections raised by the Hollanders,

1. That res mobilis could not be granted without the possession delivered.

2. That by the Tripartite Indenture of Assignment or transport from William Courten and Sir Edward Littleton to Sir Paul Pindar, of the 19. Decemb. 1642. there was only a Security granted for money lent, and not the real interest transferred in Ships or Goods to Sir Paul Pindar.

3. That in case of shipwrack or other miscarriage, Sir Paul Pindar was not to suffer Damage, but to sue the Polices of Assurances; therefore he can have no pretence to the ships or their Lading.

4. That Sir Paul Pindar could not claim his proportionable payments until some months after the Return of the ships to London, and therefore also he can have no pretence to the Damages.

5. As to the Deed and Indenture of Bargain and Sale from William Courten to Sir Edward Littleton, dated the 26. of April 1642. it was only a Counter-security against Engagements, and that he had not paid any money for Mr. Courten at the time of Pergens his Transports; and and therefore Mr. Courten was not divested of his property in the Ships or their Lading.

6. That admitting Sir Edward Littleton's right or any other Proprietor, they were excluded from any new allegation or pretence, having not entred their Claim in 1654. before the English and Dutch Commissioners, according to the 30. Article of Cromwell's Treaty.

7. That as to the Commission grounded upon the Statutes made concerning Bankrupts, neither the Statutes or Common Laws of England, could be effectual or take place in the Low Countries.

8. That admitting Mr. Courten were insolvent when he made the transports to Pergens, the Company could not take any such notice as to deem him uncapable of transferring his right to any thing he had in the United Provinces.

They are of no value in our Law.

[Page] First, The possession by the Law of England goeth with the property, and where the right or property is, there by our Law is the possession, unless some other Person obtain actual Possession as a Trespasser; and indeed for Lands in some tuses, Delivery of possession is requisite, but never for Goods, the Master may sell his Goods in the Servants or Factors Custody as well as if they were in his own hands.

2. A Grant for Security of Debts, is as good as an absolute Grant to the end intended, till the Debts be discharged.

3. As for the Objection that Sir Paul Pindar was to have advantage of the Polices of Assurance, that is far from being solid, because no advantage can be of the Police without the renunciation of the property, so without the latter he cannot have the former.

4. Though Sir Paul Pindar could not claim his payments until some Months after Arrival, yet that doth not weaken his security, therefore the taking of the Ship and goods is a damage to him, for which he is to be relieved. The fifth is answered before.

As to the questions of State, or Civil Law, it's proper for other persons to make Answer thereunto.

8. It behoves every man to take notice of anothers right, who meddles with the thing wherein another hath right; it is a bad defence for one Trespasser, to say, I have satisfied another man for it, & it cannot be just when one man is intituled to a satisfaction for a wrong done him, that it should lay in the Trespassees power to make the person wronged remedilesse by payment to another person; an English mans head being broken, cannot be cured by a Playster applyed to a Dutch mans head.

John Glynn.

John Maynard.

Edward Turnor.

Ben. Hoskins.

Sam. Baldwin.

Subscribed in the presence of us J. Daniel, Will. Allen. Notar. Public. 1662.

Sententiae & Statutum Johannis Glynni & Johannis Maynardi Militum, Regis Servientûm ad Legem, Edvardi Turnori Oratoris in Consessu Ordinum Inferiorum & Attornati Generalis ad Celsitudinem Regiam Ducis Eboracensis, Benedicti Hoskensii Armigeri, unius Assessorum, Jurisque Lectoris in Hospitio Medii Templi, & Samuelis Baldvini Hospitii Interioris Templi Armigeri & Juris-Consulti; data super lite inter Assignatos Gulielmi Courteni & Indiae Orientalis Societatem Batavam.

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GUlielmus Courtenus possederat diversas Naves quae vela dabant ad mercaturam exercendam in Plagis Indicis Orientalibus.

Aprilis die 26. Anno Domini 1641.

Gulielmus Courtenus plurimo aere alieno obstrictus, advincto insuper pro pecuniis istis Edvardo Littletono Milite, duas Naves (inter alia) scilicet Bona Esperanza & Henry Adventure appellatas unâ cum oneribus, Sorte & peculio, Mercibus & Syngraphis sive Politiis Assecurationis eidem Littletono & Assignatis suis transtulit, &c.

Haec Concessio propter viginti solidos sive decem aureos (quantula nempe summa secundum Leges Angliae in omnibus pactionibus in nomine valoris scribi & numerari debet) tunc solutos, facta est, cautumque ab eo est quod si ipse Courtenus, Haeredes vel Executores ejus, debita sua intra spatium viginti septem mensium persolverent, atque aere isto Edvardum Littletonum liberarent integrumque restituerent, tum irritam Fore hanc Cessionem.

Decembris die 19. 1643.

Gulielmus Courtenus & Edvardus Littletonus, recitantes primam Syngrapham, sive scriptum pacti, cumulatiusque Debitum viginti quatuor mille librarum, in ulteriorem securitatem praestandam cesserunt Paulo Pindaro militi, Executoribus & Assignatis ejus, omnium Navium istarum apparatum, totas merces tabulasque assecurationis & omne interesse eorum, sub diversis conventionibus, quarum haec summa erat, quòd praedicto Littletono licitum usque foret, earum navium reditus Pindaro satisfaciendo & solvendo ordinare & disponere, vicibus & portionibus in utraque nave observatis, quodque restaret, Littletono competere, ad usus, inter alia varia paota, in Syngrapha memoratos: per quae omnia liquet quod Paulus Pindar miles, praeterquam debiti sui liberationem nihil postulare potuit, sed post satisfactionem hujusmodi, residuum Littletoni & Courteni commodo de jute vertisset.

Debita ea pro quibus Edvardus Littletonus obligabatur non intra viginti septem menses, immò nec ad usque persoluta sunt, sicuti per Obligatoria scripta, Contra-obligatoria, [Page] & forense decretum quo Exlex Littletonus conclamabatur, plane manifestum est.

Postea, Navium praedictarum Bona Esperanza & Henry Bonadventure, à Foederatarum Provinciarum Subditis, contra Foedera pacis cum Anglis inita, vi capta est una & hostilem in modum detenta altera.

Gulielmus Courtenus (ut prae se ferunt Belgae) transtulit in Hollandia omne interesse & peculium suum, Jacobo Pergensio, qui reductis (sive conturbatis tanquam) rationibus cum Societate ista pepegit. ‘Ambigitur, utrùm Assignatio & Translatio haec Pergensio, & reductio deinde per illum facta, valeat necne, vel an Cessio & Translatio Edvardo Littletono & ab illo simul & Courteno, Paulo Pindaro facta, rata vel irrita habeatur.’

Nobis videntur ambae hae questiones coincidere, nimirum si ad Littletonum aut Pindarum cessio valida sit, reductio illa Pergensii contra Littletonum & Pindarum omnino frustra est & sic è Converso.

Nostra pro Sententia, per Leges municipales Angliae, haud dubium est quin interesse totum & proprietas Navium & mercium in iisdem, realiter & pro effectu devehuntur deferunturque Littletono primùm, & deinceps Pindaro; Licetque id factitatum sit sub quibusdam Conditionibus, Cautionibus & astipulationibus, tamen, quoadusque Courtenus, talemcunque stipulationem praestitam daret, jus & interesse apud Littletonum manserat, & cùm Conditione illa non perfungeretur (ut ne dum constat) cessio illa, omnimodo absoluta est, neque possint Courtenus Executoresque ejus illam quoquo modo frustrari.

Quod cessionem refert ad Pindarum, omnimodò illa rata est, tametsi persona ejus post satisfactionem debiti sui rationibus & satisfactioni Courteno & Littletono dandis subjiceretur, sed potestas illa cogendi Pindarum ad rationem reddendam, Pindari jus & proprietatem neutiquam minuit, quia per Leges Angliae ille perfecte Proprietarius est.

Atque cùm hic sit Contractus in Anglia inter subditos Coronae Angliae, tangensque interesse eorum proprium, non videmus quomodo quis Secùs illum possit interpretari.

Quando Courtenus jus suum Littletono transtulit, nulla alia extitit Conditio, nisi quod Courtenus debita persolveret inter spatium temporis definitum, eo elapso nec solutione facta, toto jure & legali proprietate exuitur Courtenus quod jam in Pindarum cedit, non uti assignatum Courteni sed Littletoni; quamlibet verum sit, Pindarum post satisfactionem Debitorum suorum, quicquid superesset reddere oportere, non tamen nisi post talem satisfactionem

Ideoque, Courteni Assignati, non habere possunt plus magisve Juris aut interesse quam ipse habuit, neque transferre ille potuit proprietatem ullam Pergensio, cum ipsemet, nullum proprietatem habuit, sed possibilitatem & potestatem tantùm, cogendi Pindarum ad rationes residui reddendas post, satisfactionem debiti sui ut supra.

Quod Hasce octo Objectiones ab Hollandis sugillatas spectat, nempe,

1. Jus ad Rem mobilem nisi per Traditionem transferri non posse.

2. Per Syngrapham scilicet Indenturam tripartitam factam inter Gulielmum Courtenum Dominum Edvardum Littletonum & Dominum Paulum Pindarum, datam 19. die Decembris 1642. duntaxat convenisse de cautione sive Securitate pecuniarum creditarum, jus autem plenarium ad naves earumque bona in Dominum Paulum Pindarum nequaquam transiisse.

3. Quod si Naufragium vel aliud infortunium accidisset, Dominum Paulum Pindarum jacturam sustinere non debuisse, sed ex Syngraphis & Politiis assecurationis remedium quaesiturum, ideoque illi jus ad Naves mercesve non Competere.

4. Quod Domino Pindaro non licuit, solutiones suas proportionales postulare, nisi aliquot mensibus post reditum Navium ad Londinum, proinde damni Emendationem illi non deberi.

[Page] 5. Quod Syngrapha sive Indentura Emptionis & Venditionis inter Gulielmum Courtenum & Dominum Edvardum Littletonum, data 16. Aprilis, 1662. nihil aliud voluit quàm ut caveretur Domino Littletono contra sponsiones & fide-jussiones, dictum (que) Dominum Littletonum nihil pecuniarum pro Domino Courteno persolvisse quo tempore facta est alienatio ad Pergensium, & proinde Courtenum jure & titulo ad Naves praedictas & bona nondum privari.

6. Si jus Domini Edvardi Littleton aut oujusvis alterius proprietarii admittatur tamen novae alicui praetensioni aut allegationi locum non esse, eo quod talis vendicatio non delata fuerat ad Anglos & Batavos Deputatos Anno 1654. prout secundùm Articulum Tractatus Cromwelliani tricesimum fieri oportuit.

7. Quod attinet Rescriptum sive Commissionem fuudatam super Lege adversum Decoctores lata, nempe Statuta & Consuetudines Angliae, locum habere non posse in Germania Inferiori, ubi omnia secundum Jus Civile & Geutile judicantur.

8. Si Concedatur Dominum Courtenum solvendo imparem fuisse quo tempore facta est ad Pergensium alienatio, Societati illud innotescere non potuisse nempe eum incapacem reddicum esse ad transferendum dominium alicujus rei quam in Provinciis Confoederatis haberet.

Hae nihil valent secundùm Leges nostras.

Quia primò, possessio per Leges Angliae transit sive vadit cum proprietate & ubi jus & proprietas est, ibi per Leges nostras invenire est possessionem, nisi alius quisquis actualem possessionem obtinet, sub reatu Invasoris; & reipsa quantum Fundos in aliquibus casibus attinet, Traditio possessionis valde necessaria est, nunquam tamen quoad bona, quae Magister, in manibus sive Custodia servi sui vel Institoris, tam legitime quam si apud ipsum essent, posset divendere.

2. Cessio ad securitatem aeris alieni adeo valet, ut si absoluta esset ad finem propositum.

3. Quantum ad objectionem quod Dominus Paulus Pindarus se resarcitum daret ex Syngraphis Assecurationis, nihil in hac inest ponderis, quia prodesse hae Syngraphae neutiquam illi potuerunt absque renunciatione proprietatis, ideoque sine posteriori priorem tenere non potuerit.

4. Quamvis Dominus Pindarus non irrogare potuit solutiones praedictas quousque aliquot menses elaberentur, hoc non debilitat Securitatem suam; captura Navis & bonorum praedictorum damno sibi est & proptera resarciendus est. Quintae prius responsum est, Questionibus enim scitisque statûs vel juris Civilis aliorum est respondere.

Oportet unumquemque qui se intermiscet alienis rebus jus alterius probe dignoscere, iniqua defensiuncula inferentis mihi injuriam est dicere, se ob istam aliis luisse neque justum potest esse, cum aliquis jus ad compensationem injuriae sibi allatae irrogandam habuerit, apud inferentem fuerit per solutionem alteri factam, irreparabilem eum reddere. Laesum Angli Caput, Emplastro Cephalae Batavi cujuspiam applicato, haud sanabitur.

Johannes Glynnus.

Johannes Maynardus.

Edvardus Turnorus.

Benedictus Hoskensius.

Samuel Baldvinus.

Subscribebatur coram nobis Johan. Daniel & Guliel. Allen Notar. Public. 1662.

INSTRUCTIONS given to the Chief Agent of Mr. Courten and Company, at Carwarr, &c.

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1. YOu shall take into your Custody and under your Charge, all the Goods, Monies and Merchandizes, and other means which already are at Carwarr, belonging unto me, or that shall hereafter belong unto me, or others for my use, from other places to be Consigned unto you, or under your Command, to other persons belonging to this Imployment, and in service of this Factory. You shall likewise in case of Mortalitie, make and appoint Chief for every of the Factories on the Coast of India, which do belong to my Imployment; And for misdemeanors, have power to displace the Chief of the said Factories, And with the advice of your Councel, place fitter persons in their rooms: with other Factories from Rajapore to Ceylon, and up in the Countrey; Who are to acquaint you from time to time, the state of business, and yearly send up their Books to Carwarr, to be by you examined.

2. Forasmuch as no Blessing is to be expected but from God, You shall provide that the Service of God be duly performed, in the house twice a day, according to the Liturgy of the Church of England: To the performance whereof, be careful to call all the whole Houshold together, suffering none of the People to absent themselves from Prayer or divine Service, unless by sickness, or any other urgent occasion, which must be a sufficient cause, or punish the negligent according to the quality of the omission; Every Sabboth-day call the whole Houshold together, and imploy the Forenoon and Afternoon in Prayer, hearing of Sermons, or Chapters of the Holy Scriptures read, and other devout Exercises, until it shall please God to allow you a Minister, for the fuller execution of Divine Service.

3. You shall have to your Councel the rest of the Merchants of the Factory, with all other Merchants of Ships and Factories belonging to this Employment; Then presently with them debate and resolve concerning Trade and other matters; and in case of equal Voices, you shall have two Voices, a casting Voice besides your own: The second of this Factory shall be Accomptant General, and keep the Books of Business done in this and other Factories. The third person shall be Secretary, to write Letters and keep Correspondence with all places which have to doe with this Factory. The fourth person shall be Cash-keeper, and daily make up his Accompt with the Accomptant General. The fifth person in the Factory shall be Ware-house-keeper, and daily give over to the Accomptant General what parcels of Goods received or delivered, to be book'd in his Journal and Lidger.

4. If any more persons be in the Factory bearing the name of Merchants, they must be employed by Order of you and and your Councel, about such business as their abilities and the time shall most require; And when there are less persons then five in the Factory of the quality of Merchants, (then you shall report the business among those present according to every one his skill and abilities, bearing your self such a part as may be requisite; which four persons more or less to bear the said Offices, shall be elected by you and your Councel; and any one departing out of the Factory, shall give up Accompt of his Administration, and another by you and your Councel Elected and put in his room as aforesaid; The Chief of the Factory or Agent at Carwarr, (which now is appointed to be Mr. John Farren) at his arrival shall not be nominated by other than my self. But in case of Mr. Farren his departing this Life, before he comes there, then at the coming away of Leonard de Woodman, (who is now sent for home) the Factory shall be governed by the Second, untill further Order by next Shipping, which Second is to be chosen by a Consultation of all the Merchants, and is to execute the Orders with the Power given to Mr. Farren. And in case that Leonard de Woodman be deceased, or come home with Capt. [Page] Hall, and another left Agent by Mr. Hall, then such person shall be removed to be Chief at Batticalla after Mr. Farren's Arrival at Carwarr.

5. Your Accomptant-general, or second Person of the Factory shall keep exact and true Books of Accompts, of all Goods, Monies, Debts and other means to me belonging, under your Receipt of this Factory, charging distinctly every parcel and quantity of Pepper, Saltpeter, and other Goods bought; and Cloth, Lead, and Iron and other Commodities received for me and others, discharging the same when you Ship away your India Goods, or sell Europe Commodities: He shall also keep an Accompt of all the persons now in the Factory, or hereafter to come there, giving them Credit within the line, and not the summe drawn out with the rest of the Credit aboard the Ship, or in the Factories whence they come, the Accompt it self being Copied at large in the Jornal, and in the Lidger brought into a summe within the line pro Memoratum as aforesaid, for that this Factory is not to be Charged with Ship and other Factories debts; but withal it's fit that in the giving any one his Accompt, there should be remembered whence he comes, and how much due to him in the last Ship or Factory, when any person of the Factorie takes up Monies or Goods, (which must not be otherwise than for necessaries) such Money or Goods must be charged to his Accompt, and acknowlegement taken in the Receipt Book; and at the departing of any person from the Factory, his Accompt must be ballanced and he made Creditor for his wages, during the time of his abode there, the Copie thereof delivered unto him with your Name, and the rest of your Councels hands thereunto; and another Copy thereof must be sent home to me. If the Party departs this life, his Accompt as aforesaid, with his Will and Inventory of his goods and Clothes must be sent home and a Copy delivered to the Executors (if any present) his Goods and Clothes first being sold, and the proceed thereof brought to his Accompt. The Accomptant General shall take and examine the Books of Accompt which yearly shall be sent unto this Factory, from the Factories of Rajapore, Rabag, Batticalla, Camiavore, and others when more settled; the Contents of which Books he shall extract and carry over into the Books of Carwarr, of which Carwar-Books, Copies must still be ready to send home to me, by every Ship that comes home, and belonging to this Imployment; which Copy of Books shall be by you, and the rest of your Councel perused and signed by every one of the Councel.

6. The Secretary shall keep all the Letters with some directed to this Factory, and Copy the same into a Book; He shall also write all the Letters which from this Factory must be writ to me and others in India, of which Letters, true Copies shall likewise be Registered into a Book; and he must be careful to seal no Letters, untill the same be perused by you and the Councel, and the hands of all them of the Councel then present, thereunto, with the Secretary his own hand last of all. He shall also make all the Wills and Inventories of sick and deceased people of this Factory, whereof he is to keep a true Register; He shall also keep the Book of Consultations, and a Book or Jornal of Day-observations, touching Trade, News, or other daily passages, the Copy of all which Books, the Secretary shall at all times have in a readiness, and send home the same to me by every homeward-bound Ship; which Copies must first by you, and the rest of your Councel, be perused and signed, as in the fifth Article.

7. The Cash-keeper must keep the Cash-book at large by Jornal and Liger, Charging every Coin, as Pagoes, Santomees, Rialls of eight, Larrees and other small Monies on its several Accompt, with the quantity of the parts, for the receipt, and discharging the same against its particular Accompt, when payment shall be made thereof; the parcell of which Cash-book, must every day before night be brought unto the Jornall, by the Accomptant Generall. The Steward shall keep his books of house expence at large, and bring in the Weeks charge thereof unto the Accomptant to be entred in his Jornal and Lidger of which Cash and Stewards book, a Copy must be constantly in readinesse, and after Examination and under written by you and the rest of your Councell, be sent home to me by every Ship which is homeward bound.

8. The Ware-house keeper shall keep a Ware-house-book, wherein at large shall be charged what Goods he receiveth into his Custody, which shall be discharged again, when he delivereth the same to be Shipped, or to those who buy the Commodity, noting every [Page] particular of Condition, Quantity and Quality of the Goods, and Copying every particular Invoyce of Cloth and other Goods into his book, On the left side the parcell received, and on the right side the parcell delivered or Ship'd away, and of every parcell delivered and received, he shall not omit to give daily before night, particular notice to the Accomptant to be entered in his Jornall and Lidger. He must also keep a book of Charge upon Merchandizes, which he shall weekly sum up, and bring the same to the Accomptant to be entred in his Jornall. He shall also keep a book of Presents, wherein shall be charged the presents given, with a large Expression to whom, and to what end. And in the Creditors side, bring in the presents received and retorned with a specification how they were disposed, of which Ware-house book, Charge of Merchandize and Presents, Copy must be had constantly in readinesse to send at the comming away of every Ship signed and sent home.

9. Instruct and cause to be instructed all the Young Merchants and Youths, resorting unto this Factory, not onely to keep their books exactly, but also to buy and sell all home and East-India Commodities, with the knowledge of Weights, Measures, Moneys, and Coins used there abouts, and other needfull parts to be performed in this Imployment, let the Youths and other the Young Merchants which are best able, learn the Sundry languages, be instructed to speak, read, and write the same language, that hereafter all businesses may be done and performed by them, without fear of being deceived by the cozening Brokers and false Linguists, let me yearly be informed of the ability of every one, not only in the Country language, but also in his books and industry in dealing with the Countrey People, and dispatching of businesse, thereby to know who may be preferred upon all occasions.

10. At every time when occasion presents, to send home Letters, do not neglect to Advise me of all particulars of my businesse, chiefly by the homeward bound Ships of this Imployment; And when you write by the East-India Company Ships, by the Holland Ships, Portugalls, or Danes and French Ships, or by land as hereafter expressed. You shall use the Figures and Ciphers, to deprive our back friends of the Contents, when perhaps they may get our Letters into their hands, you may write home by Land Via Surratt or Persia, sending your letters to Balsora in the bottom of the Gulf of Persia, to be directed to the Consull for the English Nation at Aleppo, to be further conveyed to me by way of Venice, Lyvorne, and Marsellia, or else to write by Ship from Scanderoone, you may also write home by way of the Red-Sea, to be further conveyed to Grand Cairo in AEgypt, by the bottom of the Red Sea: This to be directed to Sir Alexander Pagetti, a Venetian Merchant, and Consull of that Nation, with order to send the letters to Alexandria, and further to Venice, Livorne or Marsellia, to be conveyed unto me.

11. In House expence be frugall untill further encrease of Trade, you shall not adde to the building of Carwarr house, content your self with the house you already built at Carwarr, onely if you want Ware-house to preserve the Goods you procure for England, and other places, let convenient rooms be made, also for the Salt-Peter man what is requisite to the furthering of his work; but in digging of Ponds, Tanks, building Bridges, and other needlesse charges, do not imploy the Stock which is to be invested in Commodities? Be not too liberall in presenting, for it is frugality which makes a Trade rich, and when presents returns to you and others under your Command, let them not be applyed to any mans particular use, but brought into Accompt and Registred in the books of presents.

12. Suffer no man belonging to this or other Factories, to Trade, for himself, his Friends, or any body else, besides what is done for my Accompt: when any body is found possessed with Money or Goods or both to be invested in Trade as aforesaid, You shall take such Goods and Moneys from him, and dispose thereof to my use, giving the Possessor a receipt for the same, signed by you and the most part of your Councell, for which I promise to make satisfaction to the parties here at home at the first Ships return.

13. You shall direct all your returns, Bills of Lading, Letters, Books and Accompts, Marked with the Mark in the Margin unto me, and order the letters directed unto any else in England and Europe not to be delivered, before the same be brought to my hands, and order from me procured for the delivery thereof (which order you must renew at every Ships homeward dispatch) neither shall you disclose there in the Indies by letters, words, [Page] or actions; the State of businesse to Brokers, Merchants, and other the Countrey people, and lesse to the Hollander, French, Portugalls, Danes, or English, and other employed in the East-India Companies service, for the old or new Stock.

You must be industrious and secret in all your dealings in all your Trade, for it much concerns me to have the secrecy thereof reserved to myself, and the men by me employed, and when any letters come to your hands sealed and directed to me from some body in this employment, you shall not offer to open the same, neither detain it in your hands, but send the same letters sealed as you receive them, by all the speedyest conveyance you can unto me, neither shall you open nor detain the letters which I send, to the persons employed in this Service, but send or deliver the same sealed according to direction with all speed possible, unlesse that such persons were deceased, run away, or come home, before you receive such letters for them, in which case you may open the letters to take course according as shall be required.

14. When you arrive in safety at Carwarr, you shall take full Information from William Gorle, and the rest of the Merchants (the state of businesses thereof) with their advice, and with the advice of Mr. Hogg proceed in the disposing of the Hesters lading for Monies, and in Trucke for Pepper, Cinamon, Endicoe, Callicoes, and other goods to be had there, and call the said Gorle and all others which had charge committed to them, and of him receive the Patent of the Great Seal of England, for your proceeding at Carwarr. You shall leave such order at Cannanore, as with the advice of all the Merchants, and Mr. Hogg shall find to tend to the most advantage of the imployment, and leave William Gorle chief, to whom you shall deliver my Orders and Instructions for his Government, and settle the rest of his Councell, according to the form therein specified, with Copy of the same Instructions to the rest of those whom it concerns.

15. From Cannanore you shall proceed with the Hester to Cocheen, to put off such quantities of your Cloth, Iron, Lead, and Baies as the place most vents, and being needfull, leave there of your Merchants for the disposing thereof, where you shall keep a faire Correspondence with Senior Francisco Quetho de Legorn, who was very Courteous to assist the Ships William, Planter, and Hester, you may agree for a good quantity of Cinamon, Pepper, and Callicoes, which at the return of the Ship from the Northward may be received in case there were not ready sufficient for the present; You may treat farther about the Freight which last year was propounded by all the chief Merchants of Cocheen for China, Japan, or Macasser, as appears by their letters to me, whereby they promise to take a good parcell of Stammells and Venice red Clothes, you may see by the Freights agreed by Capt. Weddall at Goa what to ask, which if you obtain, no better employment is to be expected for the Ships.

16. Failing at Cocheen of a China Freight, or in case of agreement, you must take so much time as may bring you to Carwarr, where you shall repair to Mr. Leonard de Woodman, deliver to him my letter, and receive from him my Patent under the Great Seal, and all the Instructions which he had from me, or from Cap. Hall; all which having received from him, you shall take into your Custody all his books and writings, and for his person send him aboard the first Ship which then shall be readiest homeward bound. Being thus aboard you shall charge him with the particulars in your Note for that purpose, and in the Jornall of Richard Goodwin, the charge upon oath of Simon Graye, the note of Bobshenny broker of Carwarr, and the Notes of Anthony Martin, and of his several Answers keep a true Register, which you shall send home in Authentique manner; his books you shall examine, and finding any Errour, Dubious, or false parcell, let the same Authentiquely appear, and send them home by the first homeward bound Ships, and the Copy by the next Ships; Mr. Leonard de Woodman himself, you shall send home in such degree as he shall propose himself upon Examination of his charge, if Guilty, then send him home Prisoner, if clear himself of all, then send him home chief Merchant as you found at first at Carwarr, to inform me by word of mouth of the Trade up in the Countries where he oftentimes travelled. In case of your first arrivall Mr. Woodman were at Rabagg, or elsewhere in the Country, you must send as soon as you arrive an Expresse for him to come down to consult together for the good of the Voyage, and being come down proceed as aforesaid, if he refuses to come down, you must send up to Court for a Warrant, and mean while [Page] charge all the men in this Imployment in the Country by vertue of your Commission, and in his Majesties name to follow your direction, and thus force him to come down; mean while you must not apply your self so much upon these particulars, as to neglect other business of venting goods, and procuring lading for the Loyaltie and Unitie for England, and for the Hester for such places as you shal resolve to send her, with the advice of Mr. Hogge, and the rest of the Merchants.

17. When you have placed your self at Carwarr, and settled the Government prescribed by these Instructions you shall erect a factory at Batticalla, and amongst other Merchants send Anthony Martin to reside there, because that he speaks the Country language, and was there from the beginning, till the demolishing of the house. The Pepper about Baticola is very good, but not so good as that which comes from Rabagg and Houbilee, nevertheless procure a Quantity, for when it costs but 30. Pag. at Candee, it is far better then to pay 36. and 38. Pag. at Rabagg and Houbilee, besides the carriage down and the Customes to be paid upon the way.

18. You shall send for Peter Demaisters, who is at present Chief at Rabagg, to come to you, and send in his room to be chief there William Hicks, and in case he should be deceased or returned, such other persons as you shall find able for that place, for that the Hollanders which lye there, strive to under-sell and over-buy all Commodities, and being Crafty Fellows, with their Insinuations and other sinister and underhand dealings, come to know of Mr. Woodman and Peter Demaisters the very secrets of this Imployment; therefore it behoves you to place one there, able to discover their underminings, and Encounter with their dealings, Peter Demaister will do more Service under you at Carwarr.

19. You shall settle Mr. Albion Mottershed at Rajapore, with the rest of the Merchants, in that form of Government in the Instructions for the Factory expressed: And take up the Accompt of his dealings from the beginning untill now, for that I have as yet received none.

20. It is left to your Judgement and choice, whether to settle one or more factories upon the Coasts of India, or Cocheen, Coulan, Calepatan, Dabull, or within the Countrey at Dichallee, Houbilee, or other places where the Pepper growes, what you resolve with the advice of your Councell, let it tend to the most benefit of this Imployment, and be cautious in settling of Factories, that the charge of the place be not more then the profits to be expected from thence.

21. The Ship Loyalty is fraughted by the Tonne at 21 l. per Tonne, Pepper 14. C. ½C. per Tonne, Cinamon at 16. C. per Tonne, Saltpeeter at 20. C. per Tonne, and other goods accordingly; She is to stay from her first arrival in India, the space of four Moneths to be unladen and to relade home; and if not dispatched within that time, then to stay on demorage for six Moneths certain, and eleven Moneths at the most at 300 l. per Moneth. The Unity is fraighted by the great, at 2900 l. for the whole fraight home, she is to stay in India, she is to stay there untill the first of January, if arrives there before the first of October, and if comes later to Rajapore, then to stay three moneths unlading and relading and dispatch; and if within that time the Ship should not be dispatch'd, then to remain upon Demorage for six Moneths certain, and twelve Moneths at the most, 150 l. per Moneth; the Copy of the Charter party you shall find amongst the rest of your Papers, but the Charter party of the Unity is sent by that Ship to Mr. Albion Mottershed, by the same Charter parties you shall find the conditions more at large expressed. Endevour to lade home the two said fraighted Ships, before they enter upon Demourage, and put aboard the Unity about 80 tonnes of Salt-Peeter or more, to bring her down, and be carefull to have the Ship well filled with Pepper, Cinamon, and other light goods, because that I am to pay no more for 180 Tonnes, then for 100 Tonnes; see that the Hold be not imployed to stow Ships provision, let it be contracted to narrow compasse, and cause all Bulk-heads in hold, made for outward accommodation, to be taken down; and if the Breadroom be too big, fill the same with goods or other provisions, the Loyalty being by the tonne is not materiall to make her stowe so much and full.

22. During the time of the unlading and relading of the two said Ships, you shall send them both to the Southward and Northward, with direction to gather part of their lading, [Page] mean while let the Hester gather lading also for them, and get such quantity of Goods down to Carwarr betimes, to be laden before she enters into Demorage to be excused of 1800 l. which I shall be forced to pay for six dayes Demorage, as you may farther perceive by Charter party; then you may do me a wondrous good Service in dispatching the two fraighted Ships home, and better in lading home all three, which shall recommend to your Diligence, Industry, and Care.

23. In case that the Loyalty onely could be dispatch'd home, for I shall expect her at least, because it concerns me in the highest degree to have returns next Summer, then you shall employ the Unity upon fraight to Persia, Red Sea, Cambaiae, Acheen, or China, in Company of the Hester to the most benefit, and when you may get so much or more, as may cleer the 150 l. per Moneth, which I must pay for Demourage, but if no profitable fraights are to be expected, you may lade her with Cotten, Gum-lack on Sticks, Cassumba, Turmerick, and other goods vendible at Acheen, and send her thither consign'd to Mr. Henry Glascock, Cheif of the Factory there; You must send for Acheen also, by the Unity or Hester, all the Amber remaining at Carwarr, a parcell of Iron, Lead, and Cloth, and mean while procure her lading home against Christs-tide, 1643.

24. Provide for the homeward bound Ships, about 1000. Candees Salt-peeter, which Costs at Houbilee 3½ and 4 Pagoes a Candee, which Salt-peeter you must cause to be refined by the Salt-peeter man, which goes with you, let it be refined 30 per cent. finer, then what came by the William and Hester, for the finer it is the better for sale, lesse fraight and custom. Against next year, you shall provide another 1000. Candees Saltpeeter, which must be ready in the house before the Ships arrive out of England, and refined at leasure; You must also provide a good parcell of Pepper for these homeward bound Ships, and no lesse then 800. Candees which must be very well sifted, clear from dust, and all the light Pepper or empty Husks fanned or milled out of it, for it is better to throw away the dust and light Pepper, then to bring it home to England, although I believe it will yield something in India, for dust is now worth the 1/10 part of good Pepper, neither is light Pepper worth above the 1/3 part of good Pepper, which dust and light Pepper pays as much custom and more fraight then good Pepper, for the light Pepper requires three times more room then good Pepper, so that the price of light Pepper which is here 6 d. whereas the price of good Pepper is 18 d, per pound, but the custom thereof is 3 d. and the fraight 3 d. ½ per pound; And for light Pepper 9⅜ which with the custom makes 128 d. doubled the proceed besides 6 d. first Cost. The Cinamon which you buy must also be stickt, garbled, and all the black and thick sticks refused, and if bought in a parcell together, 'tis better to throw them away then to bring them home, for the consideration mentioned in the light Pepper; You have John Smith a Grocer by Trade, who may constantly be employed about the Garbling and chusing of Pepper and Cinamon: Pepper of Cannanore, Callicutt, and Coulan, sells here a penny in a pound cheaper then that which comes from Rabagg, Houbilee or thereabouts.

25. By the Musters of Drugs and in the Instructions in 23 several papers, you may perceive what Drugs fit for this place with price and quantity, you have Stephen Hill Druggist, who may be employed in the choice and ordering thereof, and buy such parcels as you find exprest when it may be done to profit, and send the same home by every homeward bound Ship, besides you must provide for Acheen, a good parcell of Turmerick, Gumlack, Mastick and Cassumba, which is a dry flower dying Yellow, which you may also suffer to be garbled by your Druggist, Cotten which Costs at Houbilee 2½ pagoes a Candee, must also be provided for Acheen, Turmerick Costs at Rabagg 6. in 7. Pagoes a Candee, Gumlack on sticks at Houbilee 11 in 12 Pagoes a Candee. In the buying of Pepper, Cinamon, and other goods, take heed to buy none when they be most wet or watered, whereby 20 per cent. may be lost, and more may be lost on the weight, but bespeake if they are found moist, wet, or watered, they shall make allowance, which may be tryed in weighing of 100 l. neat, and drying the same upon a Sail three or four dayes during the time of the Sun shining hot, and after three or four dayes drying, weigh what the same loses from the 100 l. aforesaid, and so a present experience may be made upon a Muster of a pound dryed by a fire. If Endicoe flat, and which may be had at about 100 Pagoes a Candee you may have a parcell and send by the homeward Ships, and send home also a parcell of Callicoes [Page] made thereabouts, that the sorts and prices may be known, or order great parcels hereafter: inquire what Sugar to be had in the Countrey, and what price, for I understand that great store of Goox or Jaggrye may be had all the Countrey over at cheap rates, which being so, it may turn to Accompt to send a Sugar-refiner to buy and refine the Sugar there, both to save fraight and custom: Inquire also what Bee-Wax may may be bought for, and whether quantities may be had, it yeilds here alwayes 5 l. per cent.

26. Endevour with all the Industry you have, to sell all the Commodities which are consigned unto you for Money, or in Truck for money and Goods, as above expressed, and such other as hereafter you shall be informed here or at Acheen, it's not safe to keep home Commodities unsold above 12 Moneths after landing thereof, for besides the perishing of Cloth, commonly Goods kept long sell at last cheaper then the first profer, and the yearly supply from home considered, goods are not like to rise in price with keeping, Moreover the proceed thereof lyeth dead, which otherwise may be employed in Commodities for Europe or Acheen, so that you may conclude it is better to lose 50 per cent. upon goods, then to keep them 12 months unsold. By the Invoyce of the Hester, Unity, & Loyalty, you may perceive what kind of Commodities are sent from hence, per next return advise me what other goods may be sold for profit, and be diligent to find out the Trade of the place and Country to the full, and let me know whether Lead in Pigs of 300 l. sell not for as much as Pigs of 100 l. or Bars of 14 or 16 l. for betwixt Bars and Pigs here is always 14 d. per centweight difference, that the Bars cost more. Also the price of Corrall Beads, and whether a great difference be betwixt deep Red coloured and a pale coloured, though the Beads be of one and the same bignesse; Which sort of Beads and bignesse thereof sells with you, and what quantities a year, for being very deere I must be fully informed of the price and request before can resolve to send a considerable parcell: next year intend to send out a good parcell of Corrall, mean while you may put off all the Corrall you find unsold in any one of the Factories.

27. You must be carefull to have all the Cloth of all the three Ships ayred as soon as you come into hot Countries and in Sultry weather; You have a Packer named William Gerishe, who with his Presse may Pack up the Cloth again, as it was before; which he may also effect a shore, and be constantly employed about keeping the Cloth in good order.

28. You shall deliver a Copy of these Instructions, to all the Merchants of your Councell at Carwarr, and send the Copy by the Loyalty, with the Copy of the Charge of Mr. Woodman, and all the other papers to be directed to all the other Merchants at Carwarr to be penned in a consultation of all the Merchants both of the shore, and of the Ships present, and to rule themselves accordingly, in the settling a Councel and Government as is prescribed; In case your Ship should arrive upon the Coast sooner then the Hester, or else the Hester miscarry, or lose her Monsoones, or that (which God forbid) you should depart this life before your comming to Carwarr.

29. By the premisses you are certified of the general heads of this businesse, of this Imployment, which strive to perform to my most advantage, and for what omitted, or else herein contained, which might be contrary to the most beneficial course, you shall have in all times power, (with the advice of your Councel) to alter and redresse the same, and to resolve for the best, which your resolutions I approve, as if hereby prescribed, conditionally that all times when such happen, you shall Register such Consultations with the hands of the Merchants present, and therein also inserted the reasons why so resolved, in opposition of all these my Orders; And beseeching God to blesse your Endevours, and Preserve you in health Remain,

Your Loving Friend William Courten.

Taken at Goa 11. Aug. 1645. from Mr. Robert Hoopers Copy.

Coines, Weights, and Measures in Goa.

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Coines. | 1 Cruzadoe is 12 Serafins 1 Serafin. 2 s. 6 d. Engl. or 5 Tangos, 6 Tang. 1 Patacoon.
1 Tangoe. 5 Unitens. 1 Unite. 15 Buzurocks.
1 Pag. 17 16 or 15. Tango. 1 Rial 8. 10 or 11 Tangos rising & falling.
1 Santomaz. de figur. 16½ Tangoes. 1 Santomaz de cruce 15 Tangoes.
Weights. | 1 Quintall. 128 Ratas. 133 pounds English. 1 Rove is 32 Ratas 1 Rata. 16. Ounces.
1 Candee. 20 Maund. 500 pound neat Engl. 1 Maund. 24 Ratas.
1 Mark. Ounces 8. divided into ¼ ⅛ 1/16 &c.
1 8½ Ryals. weight makes a Mark. 100. Ratas is nearest hand. 102. pounds English.

Coines, &c. in Cannanore.

Measures. | 1 Covad. ¾ Yard English.
Weights. | 1 Candee. 20. Maunds. 1 Maund. 24 Ratas. 1 Cannada nearest 3 wine Pints English.

Batticalla.

Coines. | 1 Pagodie Tipkie is 15 Fnams in Gold. 15½ Fanams. or 8½ shill. Eng.
1 Fanam. 30 Tare. 1 Tare 4 Cashes being a small Copper peece.
1 Ryal 8. about 9½ Fanams. 1. Santomes. 14 Fanams and 24 Tare.
Weights. | 1 Candee 20 Maund. 500 l. English or thereabouts. 1 Maund. 40 Sear about 25 l. English.
Measures. | 1 Covad from the elbow to the end of the little finger.

Carwarr.

Coines. | 1 Pagodie Tipkie 14 Fanams. or 1½ Ryals of 8. or 7s. 6 d. English. 1 Fanam. 45 Cashes.
VVeights. | 1 Candee. 20 Maunds. or about 500 l. neat Engl. 1 Maund. 40 Sear.
Measures. | 1. Covad ¾ yard English.

Rajapore, Lickmidas and Samgee. Decemb. 1644.

Coines. | 12. Massa. makes 1 Tola. 24 Tola 1 Sear, being about 10 Ounces Troy, or 11¼ haverdupois.
Raiapore. | 1 SearSil. val. 1 pag. Tipkie. or 8½ Larees. or 1 pag. great at 9½ Larees Rajapore per peece.
1 Sear Sil. val. pag. Tipkie. or 9 Larees. or 1 pag. great at 10 Larees, Sattole per peece.
13 Pice makes 1 Laree Rajapore. 12 Pice 1 Sattole Laree.

Memorandum,

That by reason of the disappointment caused through the spoiling of the Voyages of Mr. Courten's Ships: The Factors were forced to borrow money in Acheen at 10 l. per cent. a Moneth, which is the usual rate of moneys in those parts, and for want of supplies their Credit dayly impaired, untill at last the whole Trade and Factories were overthrown.

The Attestation of Mr. John Darrell Merchant, concerning Mr. Courten's Factors and Factories in the East-Indies and parts adjacent, in the year 1644. deposed in the Court of the Admiralty, in the fifteenth year of the Reign of King CHARLES the Second. Anno Dom. 1662.

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I Underwritten John Darrell of the Parish of St. Giles Cripplegate, London, Merchant, do Testifie and declare upon my corporal Oath, that according to Articles and Covenants with William Courten late of London Merchant, I set Sayle from the Downes for the East-Indies, in the Month of April 1644. in the Fraighted Ship Loyalty, (with Cap. John Durson Commander) in the Imployment of the said William Courten and Company; and in September following, I arrived in the said Ship at Jettapore in India, and going up to Rajapore, acquainted Mr. Courten's chief Agent (Mr. John Farren) therewith, who by his Letter (contrary to Expectation) certified us of the sad and distressed condition of Mr. Courten's Factors and Factories, by reason of divers and several Losses and spoils of their Ships and Voyages, trading to and again for China and parts adjacent; and that since the losse of the Ships Dragon and Katharine, the Dutch East-India Company had violently taken the Bona Esperanza, and seized the Merchandize and Ships provisions of the Henry Bonadventure, and assailed Capt. Blackman Commander of the Ship called the Great William, who very narrowly escaped firing or sinking in the Straights of Mallacca, as they themselves and divers others very credibly reported in India to me this Deponent,

Whereby I do further declare and assert, that all supplyes were wholly prevented (and the said Factors wanting employment) their several remains of Goods and Merchandize were consumed, great Debts contracted, and the Factories, places of Trade, Customs, and Plantations of Dabull, Jettapore, Goa, Cocheen, Coulan, Batticalla, and Allepore, along the Sea-coast of India and Mallabar, with Vizipore, Rabagg, Harripore and Rajapore, up-land, also Acheen upon Sumatra in the Straights of Malacca, and Bellasore in the bottom of the Bay of Bengala, together with China Trade, and Madagascar plantation, all undertaken and settled by vertue of Letters Patents under the great Seal of England, granted to Sir Will. Courten, and others upon good foundations of reason and policy, yet by providence were suffered to be most wickedly destroyed to the ruine of Mr. Courten and his Family, and the inestimable Losse of the whole Kingdome.

And I do further declare, that in the year 1645. I came thence for England again in the Ship Thomas and John, and Brought home the Books of Accompts sealed up, and delivered them to Mr. Courten and his Lady, with the sad tidings and relations aforesaid.

John Darrell.

Juratus Johannes Darrell 19o. die mensis Martii 1662. juxta super veritate premissorum coram venerabili viro domino Gulielmo Mericke Legum Doctori & Milite Surrogato venerabilis viri Johannis Exton Legum Doctoris Supremae Curiae Admiralitatis Angliae locum Tenentis, Judicis sive Presidentis.

Testibus,

Samuel How

Not. Publ.

Mai. Cottle

Not. Publ.

Will. Mericke.

[...]

Sententiae & Judicium JURISCONSULTORUM BATAVORUM In JURE CIVILI exparte Belgicae Societatis Indiae-Orientalis. Versae ex Lingua Belgica.

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VIsà à nobis infra scriptis, copiâ cujusdam Contractus in Linguam Belgicam versi 19 Decembris Anno 1642. inter Gulielmum Courten Armigerum Londinensem, ab unâ, Dom. Edvardum Littleton Baronettum ab alterâ, & Dom. Paulum Pindar Londinensem a tertiâ parte initi, ut & impressa copia instrumenti procuratorii 27 Octobris 1645. à praedicto Courten ad Jacobum Pergens, concessi, copia quoque literarum à Parliamenti Superiori Camera Londini 20 Martii 1645/6 ad Residentem Strickland in favorem praedicti Courten, datarum; similiter duabus impressis copiis Epistolarum à Regiâ suâ Majestate Angliae, tam ad Dominos Ordines Generales, quam ad Residentem suum in favorem negotiorum praedicti Courten 9 Octobris 1647. Scriptarum; Item impressis copiis duorum Instrumentorum transportationis, sive translationis, & procurationis, sive mandati, quorum unum praedicto Courten 10 Dec. 1647. Lond. & alterum vigesimo secundo Februarii 1648. hic Hagae Comitis in usum dicti Pergens concessum erat; porrò copiâ cujusdam Insinuationis Dominis Directoribus Societatis Indiae Orientalis Amstelodami 25 Maii 1648. per Jonam Abeels Mandatarium, & procuratorem dicti Pindar, facta, ut & Arresti ejusdam primo Octobris 1648. ab ipsomet super Societate ibimet loci fieri facti, uti & certificationis à Consulibus & Rectoribus dictae Civitatis 7 Augusti 1654. datae cum insertione excerpta ex Registro causarum Judicialium ibi loci, in quo dictum Arrestum 13 Novembris 1648. validum declaratur; sicut etiam copiâ instrumenti renovationis dicti arresti data 2 Novembris 1649. ut & protestatione, 11 subsequenti & diversis Excerptis ex Registro causarum Judicialium dictae Civitatis sub datis respectivis ultimo Maii, 21 Junii, 13 Septembris, & 8 Novembris, 1650, & 14 Febr. 1651. continentibus Petitionem à dicto Abeels, nomine quo supra, contra Dominos Directores Camerae praedictae, institutam, Decreto Scabinorum, in quo ista causa salvo Jure Judicii in statu tenetur; praeterea excerpto ex eodem Registro sub dato 13 Septembris 1650, continente Petitionem in casu Indempnitatis contra Jacobum Pergens, & Cautionarium ejus à Dominis Directoribus Institutam: Praetereà duobus excerptis ex Indice aut Receptorio postulatorum, ex parte Mercatorum aliorumque Anglorum contra Populos Foederati Belgii virtute trigesimi Articuli pacis coram Commissariis hinc inde nominatis continente primo Petitionem Gulielmi Toomes executoris testamenti dicti Pindar, quoad navem dictam de Bonne Esperance ad summam 72546. & secundo Petitionem dicti Courten, ad summam 60000 & Moultonii & aliorum propritariorum dictae Navis ad summam 10000 librarum Sterlingarum; ut & Copia literarum à Regia sua Majestate Angliae 21 Martii 1661/2 ad Dominos Ordines Generales datarum, ut & Memoriali a Domino Residente Downing 20 Aprilis dictis Dominis Ordinibus Generalibus tradito, ut & responso dictorum Dominorum Ordinum Generalium ad idem dato; ut & expressis praetentionibus contra Societatem Indiae Orientalis nomine [Page] & ex parte praedicti Courten, & aliorum quorum interest, ratione damni in Indiis Orientalibus passi, motis; ut & impresso altero memoratorum Dominorum Ordinum Generalium ad Memoriale Equitis Downingii dicto die Sancito & ultimo impresso responso vulgo Reply 13. Julii, & noviori memoriali primo Septembris praeterito, contra illud a dicto Domino Downing exhibito, omnibus Spectantibus ad naves dictas Bona Esperanza & Henry BonaAdventure, a dicto Courten in Indias Orientales instructas; Quarum prima est Fisco addicta; & Bona alterius postquam ad littus Insulae Mauritii pulsa esset tunc per Ministros Societatis salvata sunt, & duobus questionibus ex inde propositis, viz.

An Societas non obstante dicto contractu 19 Decemb. 1642. Insinuationibus, protestationibus, & Arrestis, cum dicto Courten, aut ejus Mandatario Pergens decimo octavo Septembris 1649. potuerit validé transigere.

Secundo, Num dictus Pindar aut nunc ejus Administrator non teneatur respectu societatis in dictam Conventionem cum Jacobo Pergens Mandatario Courtenii, initam acquiescere.

Judicatur, salvo meliori Judicio, de dictis questionibus, Dominis Directoribus dictae societatis liberum fuisse non obstante insinuatione & protestatione vigesimo Maii; ut & Arresto primo Octobris ejusdem Anni supra Memorati, cum dicto Courten, aut ejus procuratore 18 Septemb. 1649. firmiter transigere.

Et consequenter dictum Pindar aut jam ejus Administratorem teneri in dictam Conventionem cum Pergens initam, respectu Societatis Acquiescere; Idque has ob rationes, quod, etiamsi dictus contractus decimo nono Decembris 1642. dicto Pindar titulo Emptionis & translationis videatur dare proprietatem dictarum Navium, & Mercium in iisdem contentarum cum omnibus annexis, equidem non comperietur, realem fieri traditionem, & possessionem earundem, a Courten & Littleton, aliquo modo fuisse derelictam: Verùm è contra quidèm Expresse stipulatur Courten & Littleton constituturam, ea conditione ut Paulo Pindar ex redeunte onere Navis dictae Bonne Esperance solvant summam trium millium, & ex dicto onere Navis dictae Bonadventure 2500 librarum Anglicarum, dimidium unum intra unum, & alterum dimidium intra duos menses, post reditum, appulsum, & Exonerationem dictarum Navium Londini, aut alibi; & solutionibus it a peractis dicto Littleton tunc liberum & licitum fore omnes caeteros effectus dictarum Navium tenendi, habendi, & fruendi in suâ possessione in eam intentionem, quae magis exquisite in contractu exprimitur; sicut & inter dictas partes (non obstante quod dictas Naves dicto Pindar concesserint negotiati sint & vendiderint) expresse conventum & declaratum est ipsum Pindar nullo modo laturum aut passurum aliquod damnum aut jacturam quae per Naufragium aut alio modo posset emergere; sed omnia ista damna & jacturae si quaedam evenerint (uti jam contigit) à praedicto Courten solo ferrentur, & sustinerentur.

Nec conceditur Paulo Pindar ut Merces redeuntes aut onustas ipse acceptet aut vendat quo sibi ipsi in conversione debiti sui solvat antequam dicti termini solutionis expirati essent, & dicti Courten & Littleton dictas respectivas summas ipsi Pindar non satisfecissent, sicut & eo casu tenetur ejus rei rationem, proventus & reliqua Littletonio reddere; uti etiam, casu Naufragij, aut hujusmodi alias infortunij nummorum assecuratorum, quorum Instrumenti, aut Polici ipsi quoque titulo praetenso Emptionis plus essent assecurati quam Pindar debebantur. Quo magis ex dicto contractu liquet, ipsas Obligationes & alias Certiorationes (inter eas quoque cautiones Bonnellij in contractu A. L. Intutam D. de praescript. verb. L. si uno impune D locati & L. si olci cum Gloss. Cod. ibid Bald. in L. cum dotem in 2. Cod. de Jure dot. A. Mant. de tacit et ambig. convent. lib. 2. tit. 2. memoratas, dicti debiti sub Pindaro non obstante praetensa emptione, & translatione dictarum Navium, bonorum contentorum, redituum & chartarum, dictarum policen) mansisse, & ab ipso incassas esse detentas, ex eo quod ille Pindar circa finem dicti contractus in casu plenae solutionis dicti debiti promittit se easdem Obligationes & Certiorationes Courtenio & Littletonio traditurum.

Ex quibus omnibus constat quod quamvis verba dicti contractus, dictent, Courtenium & Littletonium Pindaro, dictas naves, merces, reditus, chartas assecuratitias, &c. Pindaro concessisse, negotiatos esse & vendidisse, reipsa equidem dicto contractu nihil aliud tractatum aut stipulatum esse, quam dicto Pindaro pro magno suo credito securitatem, forma enim. & effectus contractus magis inspicitur quam nominis impositio. A. vid. etiam Bald. B. ex illo textu colligit argumentum a natura actus, nam cui convenit [Page] natura actus, ei convenit ejus species, etenim de natura emptionis & venditionis est ut perfecto contractu ad emptorem transeat periculum, & in cognoscendo speciem alicujus contractus magis attendi debere Pacta in eo apposita, quam nuda verba, docet, & pluribus exemplis illustrat post alios Mantica A.

Cum jam propriet as possessio & Administratio dictarum navium bonorum & mercium penes illum manserit, ad quem antea pertinebant & per consequentiam solus Courtenus demnum in casu Naufragij aut alij emergentis infortunij sustinere debebat, aequum erat eo casu id ipsi committere, ut liberum esset tractandi cum iis quos opinaretur sibi passum damnum reparare esse obligatos; & quoniam per suum Mandatarium cum dictae societate utilioribus conditionibus tractavit quam si actionem contra Societatem in usum assecurantium repudiâsset, & nummos assecuratitios ad summam 6600 librarum Anglicarum recepisset, aut per Pindarum recipi sivisset, eam ob causam Administrator Pindari nullo cum fundamento pactum cum Societate initum quaestioni exponere potest, speciatim haud respectu Societatis quia Domini Directores neminem, ut proprietarium dictarum Navium, aut one ris earundem agnoverunt, aut agnoscere potuerunt, quam illum qui pro eo publice agnoscebatur, & valde seriosis literis tam a superiori Parliamenti Camera quam Rege Angliae sub dato 20 Martij 1641/6 & 9 Octobris 1647. recommendabatur, & cum cujus Mandatorio modò, aliquod tempus ante primam insinuationem a Jona Abeels qualitate qua 25 Maij factam, in transactione erant.

1. Sicut etiam Administrator tanto minus fundamenti habet pactum quaestioni exponendi primo quod dictus Abeels dictâ insinuatione non protestavit contra pactum ineundum cum Courten, aut ejus Mandatario, sed solum contra annumerationem nummorum cuidam alij quam suo Magistro D. Paulo Pindar praedicto faciendam.

Secundo Quod dictus Abeels primo Octobris in sequenti nomine quo supra, arrestari aut detineri curavit sub dictis Dominis Directoribus, omnia illa quae illi (haec sunt verba dicti Instrumenti arresti) liquidatione aut conventione cum dicto Courten ineunda ratione dictarum duarum Navium ipsi solvere deberent. Quod Instrumentum cum eo modo quoque 13 Novembris 1648. in Registro causarum Judicialium annotatum fuisset, arrestum a Scabinis validum declaratum fuit.

3. Quia 2o. Novembris 1649. nomine dicti Pindar, utpote habens actionem & transportationem a dicto Courten ineunda aut (quod not andum) inita de dictis navibus & contentis bonis ipsi Courten solvere deberent.

Quarto quiae secundâ insinuatione & protestatione undecimi Novembris 1649. & per conseqúentiam post transactionem cum Pergens factam iterum inheret prioribus insinuationibus & árrestis a se dicta qualitate fact [...]s. Quae instrumenta útpote legitima, Dominus Downing in memoriali suo dictis Dominis ordinibus Generalibus primo Septembris praeteriti exhibito, appellat.

Quinto (quod magis est & plaene omnem excludit contradictionem) quia dictus Abeeles in Iudicio 20. Maii Petitionem instituens contra dictos Dominos Directores rursus dictà qualitate Mandatarij Pauli Pindar, ut actionem & translationem a dictis Courten & Littleton hábentis conclusit ad agnoscendum aut negandum, at minime bona fide dictum pactum decimi noni Decembris 1642. & per consequentiam ut vocati (Gedens) Desendants. condemnarentur, secundum dictas iusinuationes & arresta, solvere sibi petit supra dicta qualitate, & provisionaliter consignare summam 85000 florenorum, quam vocati annuerant & in se ut solverentur ceperant pro damno & pretensionibus quae Gulielmus Courten cum suis praetendebant ratione dictarum Navium, cum usura dictae summae a die conventionis, ad realem solutionem, & ut latius ex dicto instrumento videre est. Quae causa cum dictae die in Statutis & ab ipso rursus dicta qualitate decimo Tertio Septembris 1650. in Iudicio oblata esset, & Domini Directores eo tempora contra dictum Jacobum Pergens Petitionem in casu indemnitat is instituissent & eadem causa decimo quarto Feb. 1651. ut ante it érum oblata, & in statu posita, uti ex dictis instrumentis liquet, omnia praedicta non reputari possunt, quam iterativae promulgationes dicti pacti ex parte Pindari. Et quoniam Administrator bonorum ipsius ultima conventione inter Regem Angliae, & has Provincias initâ in integrum restituitur quo ipso liberum sit litem motam (quod est, & solummodo intelligi potest, de praedicta lite coram Iudicio Civitatis Amstelodamensis a Jona Abeels nomine Pindari, contra societatem intentata, prosequi) nullas ea propter [Page] rationes comperimus quare aut quomódo Administrator transactionem aut conventionem cum Pergens, ut procuratore Courtenii, initam, jam contra Societatem, questioni exponere aut in disputationem trahere posset.

Quod porro dictus Courten in plena possessione dictarum Navium & bonorum in iisdem onustorum manserit, & per consequentiam translatio proprietatis, juris, & actionis in dictas naves nihil aliud fuerit quam pignus & assecuratio pro dicto Pindar, exinde quoque apparet, quod in catalogo praetensionum quem presentes praetendentes imprimi curârunt pag 2. ponitur, Courtenium per amicos suos & correspondentes societatis BelgicaeIndicae, rogasse ut eadem vellet mandare Gubernatori Insulae dictae Mauritii, ut redderet bona servata, & commeatum nauticum e praedictâ nave Bonaventura; ut ex eo, quod ibi porro dicitur, aliam navem Bataviam dictam & ibi damno dicti Courtenii fisco addictam fuisse, & pag. 3. pro computatione Gulielmi Courten in nave Bonne Esperance onustam fuisse in Mercibus Judicis, uti supra expressis, summam 5000 librarum Anglicarum. Et quoniam tempore initae conventionis supra memoratae, naves jamdudum discesserant & in Indiis erant; ea de re sustinere quoque haud potest possessionem talium mercium per dictum contractum a Courteno in Pindarum transiisse; quin hoc dicto, quod deberet periculum & damnum quod inde emersit oneri Pindari verti, cum res unaquaeque suo Domino pereat; Quod jam contra verba contractus certaret, quin uti praedictum est, omnia damna & jacturae oneri solius Courteni redundare debebant, ea de re juxta dictam regulam quoque Dominium mansisse intelligi debet, & solummodo contractum pignorantium iniisse, ut liquide aparet ex exordio dicti contractus, ubi dicitur Pindarum cum cautione Bonnellii non esse contentum, & Courtenum & Littleton valde inclinare, ipsi talem ulteriorem securitatem in solutionem Crediti dandi quam fas & necesse esset; & quamvis ibi dicunt ipsi concedant negotientur & vendant naves, cum suo onere & redeuntibus bonis, quîa equidem (uti in facto informamur) naves non ad Courten aut Iattleton pertinebant & quod onustae merces imò ipsae Chartae assecuratitiae multo magis valerent, quam Creditum Pindari assurgebat quod etiam redeuntes merces eo tempore aestimari non potenant, & quod Courten & Littleton ex proventuille duos menses post appulsum & exonerationarum navium in se recipiebant A. & inter alios ex Skeneo in Reg. Majest. Scot. lib. 2. cap. 18. 85. si donationem ipsam Seisina fuerit subsecuta perpetuò res manebit illi, Cui facta fuit donatio, & heredibus suis, si vero nulla fuerit Seisina subsecuta ex tali donatione nihil efficaciter pe [...]i potest, quia ut intelligitur secundum Regni consuetudinem potior est nuda promissio quam aliqua mera donatio, & in not. ibid. in verb. si vera autem donatio terrae vel hereditatis, sine Seisina, & possessione nihil operatur, quia traditione dominium acquiritur, & vulgo acceptum est, Chartam sine Seisinâ nihil juris tribuere, quia Charta nihil aliud est quam nuda promissio cum scil. quis promittit se daturum, hujusmodi promissio nullam inducit obligationem, vulgò enim dicitur, nulla Seisina, nulla terra; & lib. 2. cap. 33. vers. 14. Ille praefertar qui Seisinam obtinet, quia melior est conditio possidentis & lib. 3. cap. 10. v. 2. perficitur emptio & venditio cum effectu, ex quo depretio inter contrabentes convenit, ita tamen quod secuta fuerit rei venditae vel emptae traditio & eod. lib. 3. cap. 3. ver. 1. cum autem mobile vadium dicitur pignus, quia res quae pignori datur cum sit mobilis, pugno sive manu traditur, nam contrahitur pignus cum ejus Seisina & possessio datur creditori, ut hic dicitur, quia rei interventus est necessarius, sine quo non contrahitur obligatio pignoris, quae tum de mum oritur, cum res est tradita, eandem sententiam latè confirmat Thomas C [...]ugier in tract de Jur. Angl. lib. 2. tit. 1. v. 4. 5. in fine, sine Seisina data liberum tentmentum. Feoflamento, dono vel locatione non transsertur & tit. 8. v. 19. ut donatio suis numeris absolula sit, traditione vel quasi confirmari debet, traditio autem vel Seisina quot modis fiat alibi diximus & lib. 3. tit. 24. v. 3. in emptione & venditione rei requiri traditionem rei quia traditionibus & usu captionibus dominia rerum transseruntur. obligationes Pindaro suo onere plen [...] redimendi & quod easdem retinebat, ut tunc cassat as aut delatas traderet; quod ille interea non tenebatur in damno, sed quod damnum & commodum pro solo Courten essent. Quod etiam comercium in India Orientali nomine solius Courteni agebatur & nomen Pindari ut proprietarii navium & bonorum (sicut in facto informamur) nunquam in eo notum fuit; certo certius est Pindarum dicto contractu non potuisse jus proprietatis in naves & bona in questione acquirere, ea propter quod absurdum esset quod Pindar per dictum contractum acquisivisset jus reale ad vindicationem navium & bonorum quae tempore contractus, in Indiis, & antequam ejus notitia in Insulam, dictam Mauritius, aut Goa esse posset, respective capta & in Littus pulsa sunt, nam quamvis (cui non adhibetur fides sed quidem ejus contrarium ex Statutis & famosis Doctoribus & Juris peritis Anglicis urgente necessitate ostendi potest A) talis consuetudo in Anglia esset quod ibi simplices translationes bonorum mobilium sine traditione reale jus in eadem darent, illud equidem intelligi non posset de navibus & bonis extra Angliam quae ab emptore aut ejus agente non essent acceptata, sed voluntate & consensu sub primo proprietario

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THE CONTENTS.

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§

ABstract of the Kings Letters Patents granted to Sir William Courten and Company, Anno 1635. fol. 1

Certain Evidences and Relations concerning the losse of the Ships Dragon, and Katharine. 98

Mr. William Courten's Expedition to the East-Indies with seven Ships 1641. 3

Abstract of an Indenture or Bill of Sale of the seven Ships to Sir Edw. Littleton for Counter-security and paiment of Debts 1642. 4

Abstract of a Tripartite Indenture between William Courten, Sir Edw. Littleton, and Sir Paul Pindar for security and paiment of 14800. l. 1642. 5

A Breviate of the Depositions taken in the Admiralty concerning the Henry Bonadventure. 96

A Breviate of the Depositions taken in the Admiralty concerning the Bona Esperanza. 91

Agreement between the Mariners and Adrian vander Stell Governour of Mauritius, concerning the Henry Bonadventure Anno 1643. 94

The Petition and proceedings of William Tombes before the Lords and Commons for the Admiralty concerning the Ship Planter An. 1645. 102

Abstracts of Procuration and Transports from Mr. Courten to Jacob Pergens, Anno 1645. 1647. and 1648. 7

Letters from King Charles the First in Latin and English to the States Generall and Sir William Boswell on behaelf of Mr. Courten and James Pergens 1647. 8

Abstract of Sir P. Pindar's Procuration to Jonas Abeeles of Amsterdam 1647. 10

Jonas Abeeles Insinuation to the East-India Company of Holland, and Arrest made in 1648. ibid.

Authentique Copy of the Insinuation and Arrest in Dutch. 97

Agreement made between the East-India Company, & Mr. Jacob Pergens, 1649. 12

Proceedings of Jonas Abeeles against the East-India Company before the Escheevens or Magistrates of Amsterdam. 14

Ten Select Articles of the Treaty between O. Cromwell and the States General. 85

Abstract of the proceedings of William Tombes Executor of Sir Paul Pindar, before the English and Dutch Commissioners Anno 1654. 15

The Petition of Henry Powell on behalf of himself and the general Creditors of Mr. Courten to the English and Dutch Commissioners Anno 1654. 89

The Petition of Tho. Newman Merchant and the Mariners concerning the Bona Esperanza to the English and Dutch Commissioners Anno 1654. 90

[Page] An Epistle Dedicatory to Sir George Downing Knight, Envoy Extraordinary of his most sacred Majesty of Great Britain, To the States Generall of the United Netherlands. 16

The Petition of Sir John Ayton, George Carew, and Charles Whitaker to the Kings most excellent Majesty. Feb. 1661. 17

An Accompt of the Losse and Damages of the Henry Bonadventure and Bona Esperanza annexed to the Petition. 18

Lettre Aux Hauts et Puissans Seigneurs les Estates Generaux Des Provinces Unies. 19

The Translation of the Kings Letter out of the French Originall into English. 20

The Kings Letter to Sir George Downing Knight Envoy, &c. ibid.

Sir George Downing's first Memoriall given unto the States Generall concerning the Interessed in the two ships Henry Bonadventure and Bona Esperanza. 21

Sir George Downing's second Memoriall to the States General concerning the Henry Bonadventure and Bona Esperanza. 22

Mr. Carew's Insinuation to the Directors of the East-India Company of the Netherlands at Amsterdam. ibid.

Extract from the Register of Resolutions of the States Generall May 10. 1662. (translated into English.) 73

Mr. Carew's Letter to the Commissioned Bewinthebbers of the East-India Company at the Hague. 23

An Order of His Majesties most Honorable Privy Councell upon the Petition of Sir John Ayton, &c. 24

Lettre Au Roy de la Grand Bretagne a l'Estates Generaux des Provinces Unies. 29

A Translation of the States Generalls Letter to the King of Great Britain into English out of the French Originall. 27

Antwoort van de Heeren Staten Generael, der Uereenighde Nederlantsche Provincien op de Memorie door den Ridder George Downing extraordinaris Envoyê van syne Majestyt van Groot-Britannien, &c. aen haer Ho: Mo: overgegeven den20 April, 1662. 29

Replique du Chevalier George Downing Envoyé Extraordinaire de Sa Majesté de la Grand Bretagne, &c. Sur la Response des Estats Generaux des Provinces Unies, sur son Memoire du 20 Avril 1662. 33

The Reply of Sir George Downing Envoy Extraordinary, &c. in English. The Answer of the States Generall of the United Provinces to his Memoriall of the 20th. Aprill 1662. 38

[Page] A Memorandum of the particulars of Docquets, Deeds, Writings, and Papers mutually delivered by the States Generall and Sir George Downing upon Answer and Reply. 45

Mr. Carew's Letter to the Commissioners appointed by the King to treat with the Dutch Embassadors at London. 46

Sir George Downing's Memorial to the States General concerning the Bona Esperanza, Bona Adventura, Experience, Daniell, Brazell Frigott, Leopard, and Saint John Baptist. 48

The States Answer to the last Memoriall. 49

The second Reply of Sir George Downing to the States Answer. 50

Articuli Foederis & Amicitiae inter Carolum II. Magnae Britanniae, &c. Regem, & Ordines Generales Foederati Belgii. 55

Extraordinaer Schryvens van de Nederlandtsche Ambass: in Engelandt, meldende op wat maniere noch eyndelick de Tractaten, met den Koninck geslooten sijn. 63

A Translation of the Dutch Embassadors Letter out of the Original into English. 63

A Memorial of Sir George Downing delivered to the States in English upon the return of the Dutch Embassadors into Holland. 66

The same Memorial rendred in French. 67

Eght Objections offered by the Dutch in a Conference between Sir George Downing, and the Pentionatis de Witt against the English interessed, and their Claim. 68

Answers to the eight Objections in a Conference held at Sir Geo. Downing's. 69

Declaration and Certificate in Dutch upon the Statutes made concerning Bankrupts. 95

The Opinions and Resolutions of Sir John Glynn, Sir John Maynard, Sir Edward Turnor, Ben. Hoskyns and Sam. Baldwyn, upon the Case between the Assignes of William Courten, and the East-India Company of the Netherlands. 129

Consulta & Sententiae Gualteri Walkeri Militis, Gulielmi Turnori, Thom. Extoni, Timoth. Baldwini, & Davidis Budd, Doctorum & Professorum in Juri Civili super Casu inter assignat. Guliel. Courten & Societat. Oriental. Holland, &c. 119

Sententiae & Statutum Johannis Glynni, & Johannis Maynardi Militum, Edvardi Turnori Milis, Bennedicti Hoskensij & Samuelis Baldwini Armigeri, & Juris-consulti data superlite inter assignatos Gulielmi Courteni, & India Orientalis Societatem Batavam. 127

A Deposition of Mr. Thomas Newman Merchant, taken before a Master in Chancery concerning the Damages of Bona Esperanza 1662. 114

A Deposition of Mr. John Darrell Merchant, taken before a Master of Chancery, concerning the Portugalls Goods and Agreement, &c.

[Page] An Epistle Dedicatory to the Millitary Men, Merchants and others of the English Nation inhabiting within the United Netherlands. 71

A Letter from the States Generall written in French to the King, concerning the Holland Ships detained upon the Accompt of the Knights of Malta. 75

A Translation of the French Letter into English. 76

A Letter from the States Generall sent to the King concerning the Ship Charles. 77

A Translation of the same Letter into English from the Original. 78

Sir Geor. Downing's Reply to the States General concerning the Ship Charles. 80

Advertisement concerning the said Ship Charles, &c. 84

One and twenty select Articles out of the Treaty of Peace between the Crowns of France and Spain concluded in 1649. and Translated into English from the Originall. 108

Twelve select Articles of Peace and mutual Commerce between Henry the 7. King of England, and Phillip Arch-Duke of Austria and Duke of Burgundy, concluded and signed at London the 24. of Febr. 1495. 105

The particulars of the Impost and Excise in the Low Countries continued for the publique Charge ever since the Union. 103

A Catalogue of their names in the East-India Company of England, who are capable of being chosen Committees for the year 1662. 115

Annotations upon both the East-India Companies of England and Holland. 118

Mr. Courten's Instructions to his President and Factors in Carwarr, and several parts of India and parts adjacent. 130

An Attestation of Mr. John Darrell concerning Mr. Courten's Factors and Factories in the East-Indies and parts adjacent. 137

Reasons and Arguments for speedy deciding of Differences (arising by Depredations and Spoyls) by Conferences of States. 139

Prologue to a private Conference at Amsterdam. 141

Conferences at Amsterdam between the Interessed Requirors and the adverse Requirees, and others. 143

Epilogue.

FINIS.

§

Several Considerations offered to the High Court of Parliament, both for the Restauration and Increase of Trade. fol. 1

Sir William Courten's Propriety and Claim to the Island of Barbadoes, or An Appeal to the King against Force and Oppression. 17

Postscript:

Information about this book

Title statement

Fraud and violence discovered and detected, or, A remonstrance of the interessed in the ships Bona Esperanza and Henry Bona Adventura of London with a narrative of the proceedings in the case (depending before the States General of the Seven United Provinces) between the assignes of William Courten and the East-India Company of the Netherlands : also, several reasons and arguments for the speedy decision of differences (by amicable conferences of state) arising upon depredations and spoyls / by George Carevv ...

Carew, George, Esq.

Edition statement

1662

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2005-12 (EEBO-TCP Phase 1).

ID [DLPS]

A34069

ID [STC]

Wing C547

ID [STC]

ESTC R37177

ID [EEBO-CITATION]

16264546

ID [OCLC]

ocm 16264546

ID [VID]

105171

Availability

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A34069)

Transcribed from: (Early English Books Online ; image set 105171)

Images scanned from microfilm: (Early English books, 1641-1700 ; 1089:13)

Source

— Fraud and violence discovered and detected, or, A remonstrance of the interessed in the ships Bona Esperanza and Henry Bona Adventura of London with a narrative of the proceedings in the case (depending before the States General of the Seven United Provinces) between the assignes of William Courten and the East-India Company of the Netherlands : also, several reasons and arguments for the speedy decision of differences (by amicable conferences of state) arising upon depredations and spoyls / by George Carevv ..., Carew, George, Esq..

Extent

[6], 16, [4], 17-144+, [4] p.

Printed by William Godbid for the persons concerned,. London :: M.DC.LXII [1662]. (Imperfect: p. 139-140, all after p. 144 (except Table of contents) lacking.) (Reproduction of original in the Bodleian Library.)

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