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            <title>A Remonstrance or narrative by way of complaint to the Kings most excellent Majesty, and the Lords and Commons assembled in Parliament in behalf of Robert Oxwicke and company, owners of the ship Endeavour, and of Richard Baker and company, proprietors of the said ships lading ... against Giles de la Roach and company, all subjects to the French king, wherein is faithfully described their horrid act of piracy at sea, committed the 21th of November 1655, English style, against the said English, by the said de la Roach and other French-men ... contrary to the articles of peace concluded the 3d of November 1655 ...</title>
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                  <title>A Remonstrance or narrative by way of complaint to the Kings most excellent Majesty, and the Lords and Commons assembled in Parliament in behalf of Robert Oxwicke and company, owners of the ship Endeavour, and of Richard Baker and company, proprietors of the said ships lading ... against Giles de la Roach and company, all subjects to the French king, wherein is faithfully described their horrid act of piracy at sea, committed the 21th of November 1655, English style, against the said English, by the said de la Roach and other French-men ... contrary to the articles of peace concluded the 3d of November 1655 ...</title>
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                  <date>1660.</date>
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               <term>Pirates.</term>
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      <front>
         <div type="title_page">
            <pb facs="tcp:150221:1" rendition="simple:additions"/>
            <p>A
REMONSTRANCE
OR
NARRATIVE<g ref="char:punc">▪</g>
By way of Complaint.</p>
            <p>To the <hi>KINGS</hi> moſt Exellent Majeſty, and to the <hi>Lords</hi> and <hi>Commons Aſembled</hi> in
PARLIAMENT.</p>
            <p>In behalf of <hi>Robert Oxwicke</hi> and Company, Owners of the Ship <hi>Endeavour,</hi> and of
<hi>Richard Baker</hi> and Company, Proprietors of the ſaid Ships Lading. The vall<gap reason="illegible: under-inked" extent="1 letter">
                  <desc>•</desc>
               </gap>w
of both being 16587 <hi>
                  <unclear>lb. ſterling</unclear>
               </hi> againſt <hi>Giles de la Roach</hi> and Company, all Sub<g ref="char:EOLhyphen"/>jects to the<lb/>
FRENCH KING<g ref="char:punc">▪</g>
            </p>
            <p>Wherein is faithfully <gap reason="illegible: under-inked" extent="3 letters">
                  <desc>•••</desc>
               </gap>cribed their horrid Act of
PIRACY AT SEA;
Committed the 21 th of <hi>November 1655. Engliſh ſtyle,</hi> againſt the ſaid <hi>Engliſh,</hi> by
the ſaid <hi>de la Roach</hi> and other <hi>FRENCH-MEN.</hi>
            </p>
            <p>Together with their BARBAROUS USAGE and MAKING AWAY
of many of the <hi>Engliſh Mariners.</hi> Wi<gap reason="illegible: missing" extent="1 letter">
                  <desc>•</desc>
               </gap>h the RELATION of their denyal of
Juſtice, and notwithſtand<gap reason="illegible: missing" extent="1 letter">
                  <desc>•</desc>
               </gap>ng all Lawfull endeavours uſed to obtain the
ſame, the <hi>Engliſh</hi> can get no ſatisfaction to this Day.</p>
            <p>Contrary to the ARTICLES of PEACE concluded the 3 d of <hi>Novem<g ref="char:EOLhyphen"/>ber</hi>
1655. <hi>New ſtyle<g ref="char:punc">▪</g>
               </hi> as alſo againſt Common Right, and the Law of Nations,
the Obſtruction of Trade, and the utter Ruine of many of his <hi>Majeſties Loyall
Subjects.</hi>
            </p>
            <p>June 12 <hi>th</hi> Anno 1660.</p>
            <p>
               <hi>LONDON,</hi>
Printed by <hi>Joſeph Moxon,</hi> in St. <hi>Michaels</hi> Church-yard on <hi>Corn-hill.</hi> 1660.</p>
         </div>
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      <body>
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            <pb n="1" facs="tcp:150221:2"/>
            <p>BEtween the Ilands of <hi>Palma,</hi> and <hi>Teneriffe,</hi> this Piratick Tragedy had its beginning, as appears by the
Depoſitions of thoſe Wittneſſes in the <hi>Margent:</hi> 
               <note place="margin">
                  <list>
                     <item>Bowers.</item>
                     <item>Harpley.</item>
                     <item>Tuskin.</item>
                     <item>Teat.</item>
                     <item>
                        <gap reason="illegible: missing" extent="1+ letters">
                           <desc>•…</desc>
                        </gap>n Jopp.</item>
                     <item>
                        <gap reason="illegible: missing" extent="2+ letters">
                           <desc>••…</desc>
                        </gap>nphrie</item>
                  </list>
               </note>which remain upon Record in the Regiſter of the high
Court of Admiralty of <hi>England:</hi> They being firſt Legally Sworn, and examined after due intimation
thereof, firſt given to the <hi>French Ambaſſador,</hi> and publique notice thereof by way of General monition
Firſt hung on the <hi>Royall Exchange</hi> in <hi>London,</hi> according to Law, and the accuſtomed practice in ſuch Caſes.</p>
            <p>
               <hi>Theſe ſaid Wittneſſes thus duely Sworn, and examined, do depoſe, and fully
prove as followeth,</hi>
            </p>
            <p>
               <label>1.</label> That the ſaid Ship the <hi>Endeavour</hi> did belong in property and actuall poſſeſſion to <hi>Robert Ox<g ref="char:EOLhyphen"/>wicke</hi>
and Company, Marchants of <hi>London:</hi> and by them built in the River of <hi>Thames.</hi>
            </p>
            <p>
               <label>2.</label> That the ſaid Ship was laden in <hi>Teneriffe,</hi> with 313 Pipes of <hi>Canarie Wines,</hi> by <hi>Evan Pugh</hi>
and others, Factors and Agents for <hi>Richard Baker,</hi> and Company, Marchants of <hi>London:</hi> and for
their ſole and proper accompt: and the ſaid Ship was by them freighted of the aforeſaid Owners in
<hi>London,</hi> to go for <hi>Teneriffe,</hi> and from thence to return for <hi>London.</hi>
            </p>
            <p>
               <label>3.</label> That the ſaid Ship being there ſo laden for the accompt aforeſaid, did therewith ſet Sayle from
<hi>Teneriffe,</hi> and as ſhe was Sayling in her direct and peaceable Courſe for the Port of <hi>London,</hi> were
mett withall by four <hi>French Ships,</hi> under the Command of <hi>Giles de la Roach:</hi> who in an hoſtile
manner aſſaulted them, and violently ſeized ſurprized, and took the ſaid Ship <hi>Endeavour,</hi> with all her
lading, on the <hi>21th</hi> of <hi>November 1655. Engliſh Stile.</hi>
            </p>
            <p>
               <label>4.</label> That after they had the ſaid Ship and her lading in their poſſeſſion, then they put the <hi>Engliſh
Maſter</hi> and <hi>Mariners</hi> under cloſe reſtraint, uſing them moſt inhumanly and barbarouſly.</p>
            <p>
               <label>5.</label> That there being 3 other <gap reason="illegible: damage" extent="5 letters">
                  <desc>•••••</desc>
               </gap>ſh <hi>Ships</hi> 
               <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap> or in View at the time when the <hi>French,</hi> ſei<g ref="char:EOLunhyphen"/>zed
on the Ship <hi>Endeavour</hi> and <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap>g, (w<gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap> the ſaid <hi>Fren<gap reason="illegible: damage" extent="2 letters">
                     <desc>••</desc>
                  </gap>
               </hi> 
               <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap> medling) they were de<g ref="char:EOLhyphen"/>
               <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap> f<gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap> of the ſaid <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap> 
               <hi>
                  <gap reason="illegible: damage" extent="1 letter">
                     <desc>•</desc>
                  </gap>ndeavou<gap reason="illegible: damage" extent="1 letter">
                     <desc>•</desc>
                  </gap>
               </hi>
               <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap>Mari<gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap> 
ſurprized the Ship <hi>Endeavour</hi> and her <gap reason="illegible: damage" extent="1 word">
                  <desc>〈◊〉</desc>
               </gap> and ſuffered the other <hi>
                  <unclear>Engliſh</unclear> Ships</hi> to eſcape unmo<g ref="char:EOLhyphen"/>leſted?
The ſaid <hi>de la Roach,</hi> and other the <hi>French Commanders</hi> anſwered that they had no Com<g ref="char:EOLhyphen"/>miſſion
for what they had already done in taking the <hi>Endeavour,</hi> nor againſt any <hi>Engliſh Ships:</hi> and
although they had mett with divers other <hi>Engliſh Ships,</hi> yet they had not medled with any of them,
nor would they have ſeized on the Ship <hi>Endeavour,</hi> had not her lading conſiſted in Wines, which was
ſo neceſſary for their Voyage for <hi>Madagaſcar</hi> or the <hi>Red Sea.</hi>
            </p>
            <p>
               <label>6.</label> That the ſaid <hi>de la Roach</hi> and others of the <hi>French</hi> did ſay that they had ſtayed ſeverall daies
in <hi>Rochel</hi> in expectation to have had letters of <hi>Marque</hi> againſt the <hi>Engliſh,</hi> but could obtain none,
becauſe that the Peace was concluded between <hi>France</hi> and <hi>England:</hi> and ſaid, that their Owners and
Imployers, <hi>viz.</hi> the <hi>Marſhall de Mill Ree</hi> in <hi>France,</hi> was Rich and able enough, and that he ought to
pay and make ſatisfaction to the <hi>Engliſh</hi> for the ſaid Ship and her lading.</p>
            <p>
               <hi>Thus, as before, themſelves confeſſed this ſpoyle to be an Act of Pyracy, having no Commiſſion, ſo now they
do as plainly acknowledge that ſatisfaction ought to be made, and that by the <hi>Marſhall de Mill Ree.</hi>
               </hi>
            </p>
            <p>
               <label>7.</label> That the ſaid <hi>de la Roach</hi> and Company did neaver-the-leſs moſt ravenouſly plunder the ſaid
<hi>Engliſh Mariners,</hi> taking away all the goods they had in the ſaid Ship, to the utter ruine of themſelves
their Wives and Children at home, (<hi>and to fill up the meaſure of their deteſtable proceedings
by leaving no one circumſtance of the worſt of Pirates unatempted,</hi>) they refuſed (more like in<g ref="char:EOLhyphen"/>fidels
then like Subjects to the Chriſtian King) to ſet the now diſtreſſed <hi>Engliſh</hi> on any Chriſtian ſhoar,
leaſt they might get to <hi>England,</hi> and ſo the truth might come to light. For when theſe miſerable <hi>Engliſh</hi>
implored the ſaid <hi>de la Roach</hi> and other the <hi>French Commanders</hi> the favour of being landed on
ſome of the <hi>Canarie Ilands</hi> (that being alſo contrary to common <gap reason="illegible: under-inked" extent="1 letter">
                  <desc>•</desc>
               </gap>umanity denyed,) and when after<g ref="char:EOLhyphen"/>wards
<pb n="2" facs="tcp:150221:2"/>
on their knees with infinite of tears, they beſeeched the like favour of being put on the Ilands of
<hi>Cape de Verde,</hi> anſwer was again made them moſt churliſhly, and peremtorily, that they ſhould not
be ſet on any Chriſtian ſhoar, becauſe they ſhould not return for <hi>England</hi> (as they ſaid) to tell tales.</p>
            <p>
               <label>8.</label> That after this, in order to deſtroy the ſaid <hi>Engliſh</hi> and to deprive them of their lives, and to do
it without appearance of direct Murther, (as theſe mercileſs <hi>French</hi> ſuppoſed) having beaten ſtript
and moſt barbarouſly uſed the ſaid <hi>Engliſh,</hi> they landed the Maſter and thirteen more of the <hi>Engliſh</hi>
on the <hi>Guinea ſhoar</hi> amongſt the <hi>Barbarous Negroes;</hi> leaving them no other ſuſtenance then one
hundred weight of Bisket duſt, and one Pipe of Wine, (<hi>leaſt otherwiſe their expected Ruine by
death might not be lingering enough,</hi>) where they remained fifteen weeks in moſt eminent hazard,
and continual Jeopardy of their lives, expoſed to nakedneſs, famine, and to the fury of the <hi>Barbarians:</hi>
till by a moſt miraculous providence they were reſcued from death by an unexpected and unuſuall op<g ref="char:EOLhyphen"/>portunity
of tranſportation in that place, in a <hi>Flemiſh Veſſel, To the Glory of God, and the per<g ref="char:EOLhyphen"/>petual
ſhame of theſe inhumane</hi> French-men.</p>
            <p>
               <label>9.</label> That having ſo landed, the ſaid <hi>Engliſh Maſter</hi> and 13 more of the <hi>Engliſh,</hi> two of the <hi>Engliſh</hi>
Mariners being part of many more of the <hi>Engliſh</hi> which the ſaid <hi>de la Roach</hi> and the <hi>French</hi> did
carry away in their <hi>French Ships,</hi> did afterwards in another place in <hi>Guinea</hi> caſt themſelves by night
into the Sea through a Port-hole, and ſo moſt ſtrangely eſcaped, and afterwards by as wonderfull a
providence theſe two arived alſo in <hi>England.</hi>
            </p>
            <p>
               <label>10.</label> Thus much beſides the ſum of 16587 <hi>lb.</hi> for the loſs hereby ſuſtained by the <hi>Engliſh,</hi> the teſti<g ref="char:EOLhyphen"/>mony
of the ſaid wittneſſes doth clearly and authentically prove: nor is it to be omitted that theſe
<hi>French-men</hi> alſo confeſſed that they were ordered by their Imployers, for to have gone for <hi>Lixboa,</hi>
to have taken in Wines for their Proviſſions, for which purpoſe they carried Credits: but being im<g ref="char:EOLhyphen"/>peded
by contrary winds, they reſolved to go for the <hi>Canaries,</hi> in expectation to be ſupplyed therea<g ref="char:EOLhyphen"/>bouts:
it being the ſeaſon of the Year when Wines were uſually Shipt off from thence.</p>
            <p>To this may be added, that neither the ſaid <hi>de la Roach,</hi> nor any of his company or imployers did ever
afterwards (as by law they ought <gap reason="illegible: damage" extent="1 letter">
                  <desc>•</desc>
               </gap>o have done) bring the Maſter of the <hi>Endeavour,</hi> to the <hi>French Admiralty</hi>
or <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap>of the Comp<gap reason="illegible: damage" extent="2 letters">
                  <desc>••</desc>
               </gap>y, or in <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap>vall and judication cauſe any examination to b<gap reason="illegible: damage" extent="1 letter">
                  <desc>•</desc>
               </gap> taken of the
<gap reason="illegible: damage" extent="1 word">
                  <desc>〈◊〉</desc>
               </gap> 
               <gap reason="illegible: damage" extent="2 letters">
                  <desc>••</desc>
               </gap>gliſh (ſo Piratically ſurpriſed) <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap> any thing to be Judicially done about <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap> their <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap>o direct and preſcribe, upon pain of loſs and Corp<gap reason="illegible: damage" extent="4 letters">
                  <desc>••••</desc>
               </gap> puniſhment <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap> it is <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap>they
acted like moſt Notorious Pirates, both <hi>a parte ante,</hi> by attempting this Vyolent aſſault after that the Peace
was Concluded, and without Commiſſion as by their own Confeſſion: and like Notorious Pirates <hi>a parte in,</hi>
by the ſeizure, Plundering and Barbarous uſage of the <hi>Engliſh:</hi> and like Notorious Pirates <hi>a parte poſt,</hi> by not
bringing it to any Court of Juſtice for a legal Triall and Judication, as the Law of all Nations received requires,
and alſo as by the ſaid Articles of Peace they ought to have done.</p>
            <p>The Peace between <hi>England</hi> and the <hi>French King</hi> was Concluded and Publiſhed the 3d of <hi>November</hi> 1655.
<hi>New Stile,</hi> as appears by the date of the very Articles of that Peace; and this Piracy was Committed the 21th
of <hi>November, Engliſh Stile.</hi> The proofes of all which, together with a true tranſcript and exemplication of the
teſtimony and depoſition of the aforeſaid Witneſſes, were by ſpecial order, and from the high Court of Admi<g ref="char:EOLhyphen"/>ralty,
on behalf of the ſaid <hi>Engliſh</hi> (ſo robbed and deſpoyled) tranſmitted to <hi>Paris,</hi> where by order of the Kings
Councel, they were there tranſlated into <hi>French</hi> in the Year 1656.</p>
            <p>In <hi>September</hi> 1656. and in <hi>June 1657. Oliver</hi> late Projector, wrote and ſent ſpeciall letters to the <hi>French
King,</hi> and to <hi>Cardinal Mazarine,</hi> preſſing for Juſtice to be ſpeedily adminiſtred in this deplorable caſe; the
like letters were writ and ſent by <hi>Thurloe</hi> to the <hi>Engliſh Agent Lock-hart,</hi> preſſing him alſo to uſe all poſſible
means by urgent interceſſion for the ſame, according to the Articles of Peace between <hi>England</hi> and <hi>France,</hi>
whereby it was Capitulated and agreed, that in all ſuch Caſes Juſtice ſhould be effectually adminiſtred within
three Moneths.</p>
            <p>Whereupon the ſaid <hi>Agent Lockhart</hi> interpoſed when our ſaid Proofes and Petitions were preſented in the
Councel in <hi>France;</hi> yet they would not admit them, till they had given advice thereof to the <hi>Marſhall de
Mill Ree,</hi> and received his Anſwer thereto. At laſt after ſome Moneths fruitleſs attendance we were per<g ref="char:EOLhyphen"/>mitted
to proceed in the Courſe of Juſtice, and they made a Decree, <hi>that the ſaid Marſhall de Mill Ree ſhould
Appear by ſuch a certain time ſet and limitted:</hi> notwithſtanding which, neither he in his own Perſon, nor any
other for him Appeared; whereupon we obtained a ſecond Decree from the <hi>French King</hi> and his Councel,
<pb n="3" facs="tcp:150221:3"/>
dated 27 <hi>January</hi> 165<gap reason="illegible: under-inked" extent="1 letter">
                  <desc>•</desc>
               </gap>. <hi>That the ſaid Marſhall ſhould yet have two moneths time more, to make his appear<g ref="char:EOLhyphen"/>ance
for his defence, before Judgment ſhould be given:</hi> and on the 20 th of <hi>F<gap reason="illegible: under-inked" extent="1 letter">
                     <desc>•</desc>
                  </gap>bruary</hi> following we cauſed the
ſaid Decreeſ to our great expence and hazard to be ſignified and notified to the ſaid <hi>Marſhall de Mill Ree,
And on the</hi> 8th <hi>of</hi> May <hi>following, it was certified us by the Notarie of the Councel, that neither he, nor any
for him had appeared</hi> but ſtood out in contempt to both the ſaid Decrees of the King and his Councell in <hi>France.</hi>
            </p>
            <p>Whereupon the ſaid <hi>Agent Lockhart,</hi> again moſt urgently preſt for a hearing, and for ſentence, which ac<g ref="char:EOLhyphen"/>cording
to Juſtice and their own Laws they ought to have given: But it was the firſt of <hi>September</hi> following
1657. ere the Court could be prevailed with, to hear the Cauſe. And then their Sentence was only this <hi>viz.</hi>
               <lb/>
               <hi>That they, (viz. the Court) ſhould write to their <hi>French King</hi> to beſeech his <hi>Majeſty,</hi> that he
would write to the <hi>Marſhall de Mill Ree.</hi>
               </hi>
            </p>
            <p>The ſixth of <hi>October</hi> following, the Maſter of Requeſt was ſent by order of the Councell of <hi>France,</hi> into <hi>Brit<g ref="char:EOLhyphen"/>tany</hi>
to recover our Montes of the <hi>Marſhall de Mill Ree;</hi> whence returning the ſecond of <hi>January</hi> 1657/8. <hi>re
infecta</hi> Offered the ſaid <hi>Agent Lockhart</hi> for our uſe the ſum of 8000 <hi>Piſtols</hi> by way of Compoſition.</p>
            <p>Thus having been at vaſt expence and charge in proſecution of this buſineſs in <hi>France,</hi> and all our Endea<g ref="char:EOLhyphen"/>vours
(through the intereſt and petency of the ſaid <hi>Marſhall</hi>) rendered <hi>Eluſorie,</hi> and to no purpoſe: no Juſtice
to be there had (notwithſtanding the ſadneſs and equity of our Caſe) we were neceſſitated to have recourſe a<g ref="char:EOLhyphen"/>gain
to the uſurping Powers then in <hi>England,</hi> and ſolicited them for Letters of <hi>Marque</hi> againſt the <hi>French</hi> by
way of Compenſation and ſatisfaction for this wrong, according to the ſaid Articles of Peace, and the Law of
Nations.</p>
            <p>Whereupon order being given the <gap reason="illegible: under-inked" extent="1 letter">
                  <desc>•</desc>
               </gap>5 of <hi>March</hi> 1658. to the high Court of Admiralty to Examine and
peruſe our Proofes, Papers and Proceedings in this Caſe, and to report their opinion upon the whole matter.
They did upon long and ſerious debate and deliberation of all the Circumſtances in Fact at laſt Report and
unanimouſly certifie<g ref="char:punc">▪</g> that we ought to have from the ſaid <hi>French</hi> full Reſtitution for the ſaid Ship and Lading,
for the Principle and Dammages 16587 <hi>lb Ster<gap reason="illegible: under-inked" extent="2 letters">
                     <desc>••</desc>
                  </gap>ng<g ref="char:punc">▪</g>
               </hi> The ſaid report ſaying <hi>That it was a Tort and fowl
ſpoyle done and committed, contrary to the ſaid Trea<gap reason="illegible: missing" extent="1 letter">
                     <desc>•</desc>
                  </gap>y of Peace <gap reason="illegible: missing" extent="1 letter">
                     <desc>•</desc>
                  </gap>h<gap reason="illegible: missing" extent="1 letter">
                     <desc>•</desc>
                  </gap> Law of Nations<g ref="char:punc">▪</g> and Common Right,</hi>
            </p>
            <p>When they had notice in <hi>France</hi> that we were Soliciting in <hi>England</hi> for Letters of <hi>Marque</hi> againſt them<g ref="char:punc">▪</g>
and <gap reason="illegible: missing" extent="1 letter">
                  <desc>•</desc>
               </gap>hat the Court of Admiralty were ordered to Report the State of the caſe<g ref="char:punc">▪</g> and how Barbarouſly and Cruel<g ref="char:EOLhyphen"/>ly
they had uſed the <hi>Engliſh.</hi> Then we received advice from <hi>Paris</hi> of certain other ſtrange and illegall pro<g ref="char:EOLhyphen"/>ceedings
there; (which to omitt would be a favour they have forfeited) and to the end that the World may
know of ſuch their un-nationall illegalities, we have thought i<gap reason="illegible: damage" extent="1 letter">
                  <desc>•</desc>
               </gap> Conſonant to the <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap>at <gap reason="illegible: damage" extent="3 letters">
                  <desc>•••</desc>
               </gap>liſh
it in <hi>
                  <gap reason="illegible: damage" extent="4 letters">
                     <desc>••••</desc>
                  </gap>ſſimis verbis.</hi>
            </p>
            <p>
               <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap> 
               <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap>wed <unclear>Advice</unclear> 
               <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap>. <hi>From our Correſ<gap reason="illegible: damage" extent="5 letters">
                     <desc>•••••</desc>
                  </gap>nts
there reſiding for this affair in th<gap reason="illegible: damage" extent="1 letter">
                     <desc>•</desc>
                  </gap>ſe words, viz.</hi> There is a Decree againſt you h<gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap>nd
Mounſieur Petit <hi>our</hi> Ambaſſadors Agent, deſired to have it out, but they will not give it: th<gap reason="illegible: damage" extent="1 letter">
                  <desc>•</desc>
               </gap> 
               <gap reason="illegible: damage" extent="1+ letters">
                  <desc>•…</desc>
               </gap>a<g ref="char:EOLhyphen"/>ſter
of Requeſt hath been <unclear>made</unclear> againſt you, yet he ſaith he is not ſatisfied in it.</p>
            <p>
               <hi>And by another of the 26th of the ſame moneth, in theſe words, viz.</hi> It is true that they have
Condemned your Ship as Prize, but how the Condemnation is, I know not: for they will not give it out;
by which you may perceive their Juſtice (or rather Injuſtice.) And the Reporter <hi>Buſherat</hi> (much a<g ref="char:EOLhyphen"/>gainſt
the intereſt of the <hi>Engliſh</hi>) confeſſed to Mr. <hi>Petit,</hi> and Mr. <hi>Morrel,</hi> that it was not done ac<g ref="char:EOLhyphen"/>cording
to a Legall courſe of Juſtice.</p>
            <p>
               <hi>And by another of the 16th of</hi> June, <hi>in theſe words, viz.</hi> Your Councellor hath Petitioned the
Court for a Copy of your Papers, and of the Sentence; but it is denyed, ſaying, that they are in ſeverall
mens hands, and that we could not have them.</p>
            <p>
               <hi>And by another of the 27th of</hi> July, <hi>in theſe words, viz.</hi> That the Papers cannot be got, unleſs
the Powers (then uſurping in <hi>England</hi>) make it their requeſt. Beſides<g ref="char:punc">▪</g> it was alſo adviſed, that the
<hi>French Secretary</hi> of <hi>State</hi> hath forty Thouſand Livers ſtock with the <hi>Marſhall de Mill Ree,</hi> in that
unluckie <hi>Madagaſcar</hi> deſigne.</p>
            <p>We had an <hi>Agent</hi> in <hi>Paris</hi> no leſs then nigh four years Attending and Soliciting this buſineſs, who never
had the leaſt notice, Summons or Monition, (as by Law he ought to have had,) that any Sentence was to be
given, neither were our Procurator nor our Councell ſo much as Summoned to appear, or heard to ſpeak in
the cauſe, at the time of ſuch their Sentence. So that if any ſuch were at all it was done Secretly, Surreptiouſly,
and Clandeſtinely, (and as ſuch it is void and null in Law) when for two years before we were moſt urgently
and inſtantly preſſing dayly the Court for a hearing, and for Juſtice, but could obtain neither.</p>
            <p>
               <pb n="4" facs="tcp:150221:3"/>
Of all which their proceedings, we the <hi>Engliſh</hi> were neceſſitated to complain to the powers then here uſurping;
who (upon the 10 th of <hi>June</hi> 1658.) peruſed the aforeſaid Report from the ſaid High Court of Admiralty of
<hi>England.</hi> And it was ordered, that <hi>Thurloe</hi> ſhould (together with his Letters) ſend Copies of the ſaid report, both
to the <hi>French Ambaſſador,</hi> and to the ſaid <hi>Agent Lockhart,</hi> preſſing them to renew their Addreſſes, that (not<g ref="char:EOLhyphen"/>withſtanding
the pretended Sentence given in <hi>Paris</hi>) full and ſpeedy ſatisfaction might be made to the afflicted
<hi>Engliſh</hi> complaynants, which being writ, ſent, and delivered accordingly, the ſaid <hi>Agent Lockhart</hi> wrote there<g ref="char:EOLhyphen"/>upon
to <hi>Count Bryene</hi> (the Secratary of State in <hi>France</hi>) with intimation that Letters of Reprizal would be
iſſued for the relief of the <hi>Engliſh;</hi> in caſe ſatisfaction were not otherwiſe ſpeedily made them.</p>
            <p>The ſecond of <hi>December</hi> following, relation being made by <hi>Thurloe</hi> (to the new uſurping powers here) how
that he had ſent letters with the coppies of the Report of the Court of Admiralty (in conformity to the former
order of the 10 th of <hi>June</hi> paſt) and had deſired the <hi>French Ambaſſador,</hi> and the <hi>Agent Lockhart</hi> to make
their earneſt addreſſes that ſatisfaction ſhould be forthwith made to the aforeſaid <hi>Engliſh:</hi> and yet notwithſtand<g ref="char:EOLhyphen"/>ing
the ſame was not done. <hi>It was ordered that letters of Reprizall ſhould be granted to the ſaid</hi> Engliſh <hi>for re<g ref="char:EOLhyphen"/>paration
of their ſaid loſſes, againſt the</hi> French, <hi>in caſe ſatisfaction be not given them, by, or before the firſt of</hi>
March <hi>next, untill which time, and no longer the iſſuing thereof is to be reſpited and forborn: whereof the
ſaid</hi> Thurloe <hi>was again ordered to give notice to the</hi> Lord Ambaſſador Bourdeaux, <hi>and alſo to the</hi> Agent
Lockhart, <hi>that they might Communicate the ſame to the</hi> French King.</p>
            <p>
               <hi>Thurloe</hi> having accordingly wrote and ſent intimation to the ſaid <hi>French Ambaſſador,</hi> and to the ſaid <hi>A<g ref="char:EOLhyphen"/>gent
Lockhart</hi> of the aforeſaid order, how that letters of Reprizall would be iſſewed (in caſe ſatisfaction
ſhould not be made to the <hi>Engliſh</hi>) by or before the firſt of <hi>March</hi> then next enſuing.</p>
            <p>Whereupon the ſaid <hi>Agent Lockhart</hi> having recourſe to the <hi>Cardinal</hi> and to the <hi>Secretary Count Bryene</hi>
about it, and complayning of their illegal Sentence given, without having given the <hi>Engliſh</hi> ſo much as notice
that the cauſe was to be heard or ſentenced<g ref="char:punc">▪</g> (<hi>a thing never before heard of:</hi>) The ſaid Secratary made re<g ref="char:EOLhyphen"/>ply
and promiſed <hi>both A <gap reason="illegible: missing" extent="2 letters">
                     <desc>••</desc>
                  </gap>vocation of the Sentence unduly paſt to the prejudice of that cauſe, and ſatisfaction
to be given to the</hi> Engliſh <hi>within 15 daies,</hi> which appears by the Certificate under the hand of the ſaid <hi>Lock<g ref="char:EOLhyphen"/>hart,</hi>
dated the 13 th of <hi>June</hi> 1659.</p>
            <p>And by another Certificate of his the ſaid <hi>Lockhart,</hi> dated the 10 th of <hi>March</hi> 1659/60. how that at his being
in St. <hi>John de Luz,</hi> in complyance of an order from the <hi>Rump Parliament,</hi> the ſaid <hi>Cardinal Mazarine</hi> pro<g ref="char:EOLhyphen"/>miſed
him that the buſineſs ſhould be diſpatched aſſoon as he and the Councell mett, and that full ſatisfaction
ſhould be given to the <hi>Engliſh.</hi> But to this day the <hi>Engliſh</hi> have not received a penny, to the utter ruine and
decay of many of his <hi>Majeſties good Subjects,</hi> their Wives and Children.</p>
            <p>We cannot <gap reason="illegible: damage" extent="1 span">
                  <desc>〈…〉</desc>
               </gap>eal, but here inſert the Declaration upon Oath of <hi>Thomas Atkinſon,</hi> one of
the <hi>Engliſh Marriners</hi> of the Ship <hi>Endeavour,</hi> who with many more of the <hi>Engliſh</hi> of the
ſaid Ships Company, the ſaid <hi>de la Roach</hi> and Company carried away in their <hi>French
Ships.</hi>
            </p>
            <list>
               <item>1. How that the ſaid <hi>de la Roach</hi> did (after his being aboard the <hi>French Ships,</hi> and long after
the caſting the Maſter and many more of the <hi>Engliſh</hi> a ſhoar in <hi>Guinea</hi>) take another <hi>Engliſh
Ship,</hi> whoſe Maſters name was <hi>Fisbell,</hi> and threw eighteen men into the Sea, and having taken out
of the ſaid Ship what they pleaſed, they ſet her on Fire.</item>
               <item>2. That the four <hi>French Ships</hi> had 56 great braſs Ordinance belonging to the Crown of <hi>England,</hi>
which they had from <hi>Prince Ruper.</hi>
               </item>
               <item>3. That <hi>de la Roach</hi> mett with <hi>Captain Taylers Ship,</hi> as ſhe was coming from the <hi>Eaſt Indies,</hi>
with whom he fought but could not take his Ship.</item>
               <item>4. That after the ſaid <hi>de la Roach</hi> and Companions were arrived at <hi>Madagaſcar,</hi> they made ready,
and manned out the <hi>Engliſh Ship Endeavour,</hi> with intention to have carryed all the <hi>Engliſh</hi> to <hi>Ara<g ref="char:EOLhyphen"/>bia,</hi>
to have ſold them for ſlaves, but the Monſon (or Winde) turning, prevented them.</item>
               <item>5. That the chief mate of the <hi>Endeavour</hi> was ſtarved, and died in Irons.</item>
               <item>6. That all the reſt of the <hi>Ship Endeavours Company</hi> were either famiſhed, and died for want,
or by inhumane uſage, and that none remained alive but himſelf.</item>
               <item>7. That being moſt miraculouſly returned to <hi>Nance,</hi> and there Petitioning the <hi>Marſhall de Mill
Ree</hi> for wages, he threatned him, and bid him go to his Owners and Imployers for his pay: ſaying that
he muſt pay 16000 lb. for their Ship and Goods.</item>
               <item>
                  <pb n="5" facs="tcp:150221:4"/>
8. That the ſaid <hi>de la Roach</hi> did carry him before a Judge, in <hi>Nance:</hi> and bid him declare that
the Ship <hi>Endeavour</hi> and her lading did belong to <hi>Spaniards,</hi> and ſhewed him a handfull of Piſtols,
(whereof he threw one to him) and ſaid that he would give him all that Gold, and would moreover pay
him his wages, if he would ſwear ſo; and when they had underſtood that he had not ſo declared before
the ſaid Judge, one of the Captains that was with the ſaid <hi>de la Roach</hi> in his Voyage did run at him,
with his drawn Swords and having eſcaped from him, and receiving advice that they had determined
to kill him, by the help of ſome <hi>Engliſh,</hi> he got in the Night aboard of a Veſſell that lay at the mouth of
the River, and ſo got for <hi>England.</hi>
               </item>
            </list>
            <p>Neither can we omitt the ſetting down alſo, the Declaration upon Oath of <hi>John Stone,</hi> chief-mate of the
<hi>Engliſh Ship Adventure,</hi> whereof <hi>Joſeph Tayler</hi> was Commander.</p>
            <p>That as they were Sayling from the <hi>Eaſt India</hi> to <hi>London,</hi> in the moneth of <hi>April</hi> 1656. they mett with
one of the four Ships belonging to the <hi>Marſhall de Mill R<gap reason="illegible: missing" extent="1 letter">
                     <desc>•</desc>
                  </gap>e.</hi> And after they had haled them, and told
them that they were of <hi>Rochel,</hi> and that there was Peace between <hi>France</hi> and <hi>England,</hi> and that both were
joyned in a War againſt <hi>Spain,</hi> and deſired the <hi>Engliſh</hi> to come aboard their <hi>French Ship,</hi> which the <hi>Engliſh</hi>
refuſing to do, the <hi>French</hi> ſhot at the <hi>Engliſh,</hi> and after two daies fight, were left by them, ſeeing that none of
thei<gap reason="illegible: missing" extent="1 letter">
                  <desc>•</desc>
               </gap> 
               <gap reason="illegible: missing" extent="1+ letters">
                  <desc>•…</desc>
               </gap> Ships appeared, having before loſt company. By the fight the <hi>Engliſh</hi> had above a 1000 <hi>lb.</hi> dammage.</p>
            <p>THE PREMISES CONSIDERED. It is moſt Evident and Notorious, that the ſaid
Ship and Lading in property, and in right, belong only to Subjects of his Moſt Exellent Majeſty: that they
being in the quiet and peaceable poſſeſſion thereof, were Deſpoyled, Robbed, and Piratically diſpoſſeſſed there<g ref="char:EOLhyphen"/>of,
in an Hoſtile manner, though in a time of Peace, by the ſaid <hi>de la Roach</hi> and Company, all Subjects of the
<hi>French King.</hi>
            </p>
            <p>That thoſe Ravenous Captors have by their own confeſſion, concluded themſelves under the horrid guilt of
Piracies, not only by acknowledging they had no Commiſſion for what they did, but alſo by declaring their
knowledge of the Peace then concluded between <hi>England</hi> and <hi>France:</hi> whence their guilty Conſciences could
not be tongue-tyed from confeſſing that the <hi>Marſhall de Mill Ree</hi> (their Principal Owner and Imployer) ought
to make ſatisfaction to the <hi>Engliſh.</hi>
            </p>
            <p>That not contented with the ſpoyle and depradation they had Committed on the goods and intereſt of the
Innocent <hi>Engliſh,</hi> they afterwards proceeded to extend and exerciſe their <hi>Diaboliſmes</hi> and Infernall Cruelties
on their Perſons alſo; and having what adventures they had, they kept them under cloſe reſtraint, and treat<g ref="char:EOLhyphen"/>ing
them moſt inhumanly and barbarouſly: not ſuffering them to Land on any Chriſtian ſhoar, though begd
on their knees with floods of Teares; and having thus farr proceeded in their Cruelties againſt the ſaid di<g ref="char:EOLhyphen"/>ſtreſſed
<hi>Engliſh,</hi> they do then ſtripp them of their wearing Apparell, and inſteed thereof give them many and
many a ſtripe, beating and moſt doggedly affronting them with all manner of additional aggravations of miſe<g ref="char:EOLhyphen"/>ry:
In the next place they Landed the <hi>Engliſh Maſter</hi> with 13 more of his Mariners on the Coaſt of <hi>Guinea</hi>
among the <hi>Barbarous Negroes,</hi> expoſing them to Nakedneſs, and Famine, by leaving with them juſt no more
ſuſtenance then what might ſerve to multiply the terrors of Death, by antedating the fear of death: and others
of the ſaid diſtreſſed <hi>Engliſh</hi> did afterwards caſt themſelves through the Port-hole of the Ship, into the more
mercifull Ocean, to avoid their Barbarous uſage aboard of their <hi>French Ships.</hi>
            </p>
            <p>And thus, having expoſed ſo many of the <hi>Engliſh</hi> to the mercy of the <hi>Barbarians,</hi> leaving them only ſtripes
for Rayment and Teares for Food: they now proceed in their miſchevious malice againſt the reſidue of the
<hi>Engliſh Mariners,</hi> of the ſaid Ship <hi>Endeavour,</hi> and had reſolved to have ſent them to <hi>Arabia,</hi> there to have
ſold them for Slaves, had not the Almighty by contrary Winds counter-manded their helliſh deſigne, and ſo in
mercy gave a check to their unlimitted reſolves; which ſlavery though they providently eſcaped, yet afterwards
all of them, ſave one, (which was as a reſerve of Providence on purpoſe to bear witneſs of the Truth) by theſe
unparalled Barbariſmes periſhed, ſome in Irons ſtarved to death (as the Chief-mate of the <hi>Endeavour</hi>) and o<g ref="char:EOLhyphen"/>thers
famiſhed through the extremity of thoſe wants, and Barbarous uſages, dyed by thoſe intollerable hard<g ref="char:EOLhyphen"/>ſhips
of thoſe inhumane <hi>French-men:</hi> who not ſatisfied with ſo ſtately a Ship as the <hi>Endeavour</hi> was, nor with
ſo rich a Lading as ſhe had, nor with the more precious blood of ſo many <hi>Engliſh</hi> as Sayled in her, did yet
after all this upon their ſurprizal of another <hi>Engliſh Ship</hi> caſt no leſs then 18. of her <hi>Engliſh Mariners</hi> into the
Sea, plundered her Lading, and ſo fired the Ship, and many moneths after attempted to have taken alſo the
Ship coming from the <hi>Eaſt India</hi> aforeſaid.</p>
            <p>Having treated of the matter of Fact: wee beſeech your Majeſty to take a ſhort review of the proceedings of
the <hi>French</hi> in order to ſatisfaction; for though the loſs which the <hi>Engliſh</hi> ſuſtained amounted to no leſs
then 16587 <hi>lb.</hi> (beſides the Lives of ſo many <hi>Engliſh</hi> Subjects) and that the ſaid <hi>de la Roach</hi> nor any of the
<pb n="6" facs="tcp:150221:4"/>
               <hi>French</hi> ever bring the ſaid Ship and Lading to any Tribunal for Juſtice, in order to a Legall Judication; inſo<g ref="char:EOLhyphen"/>much
that the <hi>Engliſh</hi> were for prevention of Famine, to many Widdows, and Fatherleſs Children at home,
(as before had happened to their Husbands and Parents abroad) neceſſitated to make their application to the
Powers then uſurping in <hi>England,</hi> and having procured examinations to be taken upon oath of the whole mat<g ref="char:EOLhyphen"/>ter
of Fact in due form of Law did Tranſmitt them to <hi>Paris,</hi> where they were Tranſlated into <hi>French,</hi> by the
<hi>French Kings</hi> order: whereupon the ſaid uſurping Powers in <hi>England</hi> ſent their ſeveral ſpeciall letters to the
<hi>French King</hi> and <hi>Cardinal Mazarine,</hi> inſtantly preſſing for ſpeedy Juſtice on the behalf of the <hi>Engliſh;</hi> with
like letters to their <hi>Agent Lockhart,</hi> to Solicite moſt earneſtly at the Court of <hi>France;</hi> which he did accordingly,
<hi>though Ineff<gap reason="illegible: missing" extent="2 letters">
                     <desc>••</desc>
                  </gap>tually:</hi> For notwithſtanding all this, ſuch was the power, prevalency, and intereſt of the ſaid
<hi>Marſhall de Mill R<gap reason="illegible: under-inked" extent="1 letter">
                     <desc>•</desc>
                  </gap>e</hi> at the Court of <hi>France,</hi> who ſlighting the Decrees of the Court made for his Appear<g ref="char:EOLhyphen"/>ance,
ſtood out in peremptory Contempt of the ſaid Court, and Appeared not. At length after years attendance
ſpent in Soliciting his buſineſs, that unparralled order (<hi>Evaſion</hi> or <hi>Deluſion</hi>) was made by the Supream Court
of <hi>France</hi> requeſting that his Majeſty would write to the <hi>Marſhall de Mill Ree,</hi> we had thus a Cypher <hi>Inſtead</hi>
of Juſtice from the <hi>French,</hi> and no more in point of ſatisfaction for the <hi>Engliſh.</hi> And all this, notwithſtanding
the ſaid <hi>de la Roach</hi> had confeſſed that the ſaid <hi>Marſhall de Mill Ree ought to pay for the Ship and Lading; yea,
and the</hi> Marſhall <hi>himſelf had alſo ſaid that he muſt pay</hi> 16000 lb. <hi>for the ſame. And the</hi> Secratary <hi>of</hi> State
<hi>did promiſe that the</hi> Engliſh <hi>ſhould have full ſatisfaction within 15 daies. And the</hi> Cardinal <hi>promſed both in</hi>
Paris <hi>and again afterwards in St</hi> John de Luze, <hi>that the</hi> Engliſh <hi>ſhould be forthwith paid,</hi> as by the afore<g ref="char:EOLhyphen"/>ſaid
<hi>Agent Lockharts</hi> Certificates.</p>
            <p>Now foraſmuch as the oppreſſed <hi>Engliſh,</hi> for the moſt ſad and weighty reaſons aforeſaid, were neceſſitated
to have recourſe to the Powers then uſurping in <hi>England,</hi> for letters of Marque and Reprizall, againſt the
<hi>French,</hi> upon this their denyall of Juſtice, according to the Articles of Peace, and the Law of Nations, the di<g ref="char:EOLhyphen"/>ſtreſſed
Complaynants in behalf of themſelves and a great number of poor Widdows, and Fatherleſs Children,
ſo made and undone by the ſaid <hi>French.</hi> Humbly Imploring his Majeſties Gracious Pardon, for their en<g ref="char:EOLhyphen"/>forced
and neceſſitated addreſs to the ſaid uſurping Powers, do now (as Loyall Subjects to his Moſt Sacred
Majeſty,) fly to his Royall Perſon, and his Regall Authority, (as next under God, the only Sanctuary of his
diſtreſſed People,) and to his Majeſties Two Houſes of <hi>Parliament,</hi> as the <hi>Supream Councel</hi> and <hi>Judicature</hi>
of theſe his Majeſties Dominiors for ſpeedy Juſtice in this moſt deplorable Caſe, againſt the <hi>French,</hi> that they
may be Required forthwith to render to the oppreſſed Complainants full and effectual ſatisfaction for the Prin<g ref="char:EOLhyphen"/>cipal,
with Intereſt, together with all Coſts and Dammages ſuſtained by the ſaid <hi>Engliſh,</hi> by reaſon of the ſaid
ſpoyle and depredation unjuſtly Committed by the ſaid <hi>French,</hi> as alſo by reaſon of the ſaid denyall of Juſtice,
ſubſequent to that ſpoyle, whereby the <hi>French</hi> are ſtrengthned, the <hi>Engliſh</hi> weakned, Pyrates countenanced,
Trade diſcouraged, much <hi>Engliſh-Innocent Blood</hi> exhauſted, Free-Subjects of <hi>England</hi> by Forrayners Enſla<g ref="char:EOLhyphen"/>ved:
the Articles of Peace Violated, and the Law of God, of Nature, and of Nations contemned and deſpiſed:
that ſo the great ſufferings of theſe his Majeſties oppreſſed Subjects may at laſt by a meet and equivalent repa<g ref="char:EOLhyphen"/>ration
and ſatisfaction be Ballanced according to Juſtice, and Equity: And that in caſe they ſhall on his
Majeſties demand of Juſtice, ſtill (as formerly) deny it, that then according to their own Articles of Peace and
the Law of Nations, his Sacred Majeſty would be Graciouſly pleaſed to cauſe Letters of Marque or Reprizall
upon this Specia<gap reason="illegible: missing" extent="1 letter">
                  <desc>•</desc>
               </gap>l Caſe to iſſue againſt the <hi>French,</hi> or ſuch other courſe to be taken as to his Majeſty ſhall ſeem
expedient, for the relief and ſatisfaction of his Poor, Diſtreſſed, Suffering Subjects, in a Cauſe ſo Juſt, ſo De<g ref="char:EOLhyphen"/>plorable,
ſo Loudly Crying for Juſtice, ſo Emphatically pleading for Pitty and Commiſeration. And the
Complaynants, your Majeſties ever Loyal Subjects ſhall ever Pray, that he by whom <hi>Kings Raign,</hi> and
<hi>Princes Rule.</hi> would ſtill preſerve your Sacred Majeſty, as his Anointed, ever under a Guard of Angels, Bleſs
you in your Government, and in both your <hi>Houſes</hi> of <hi>Parliament,</hi> Enthrone you in the hearts and affections of
all your Majeſties Subjects in all your Dominions, for many years here, and in the preſence of <hi>Angels</hi> and
<hi>Glorified Spirits</hi> in the Kingdome of Heaven to all Eternity hereafter.</p>
            <trailer>FINIS.</trailer>
         </div>
      </body>
   </text>
</TEI>
