to be received by any person or persons whatsoever into their Iurisdictions Countries Lands Ports Creeks or Precincts nor shall suffer any Aid Counsel Lodging Entertainment Souldiers Ships Money Arms Ammunition or Uictuals to be given yielded or afforded unto such Enemies Rebels or Fugitives but shall expresly and effectually oppose withstand and really hinder the same XIII That the Ships and Uessels of the said United Provinces as well Men of War as others meeting with any of the Ships of War of this Common-wealth in the British Seas shall strike their Flag and lower their Top-sail in such manner as hath ever been at any time practised heretofore under any former Government XVI That if it shall happen that during the Amity Confederation and Alliance any thing shall be acted or attempted by any of the people or Inhabitants of either of the said Parties against this Treaty or any part thereof either by Land or Sea or other Waters this Amity Confederation Alliance between the said Common-wealths shall not be hereby interrupted or broken off but shall continue and remain in its full and whole power only in such case those particular persons who have offended against the said Treaty shall be punished and no other And that justice shall be done and satisfaction made to all persons concerned within twelve months after demand thereof made upon all such persons who shall have done any thing against this Treaty by Land or Sea or other waters in any part of Europe or any place within the Straights of Gibralter or in America or upon the Coasts of Africk or in any Lands Islands Seas Creeks Bayes Rivers or any other places on this side the Cape of Good-Hope And in all places whatsoever as aforesaid beyond the said Cape within 18. months next after demand of Iustice shall so as aforesaid be made And in case the persons so as aforesaid offending shall not appear and submit themselves to justice and make satisfaction within the terms respectively here before limited the said persons shall be declared Enemies to both Common-wealths and their Estates Goods and effects whatsoever shall be confiscate and employed to a due and full satisfaction for the wrongs by them done and their persons be liable to such further punishment when they shall come within the power of either State as the quality of their offence shall deserve XXIV That in case any wrong or injury be done by either Common-wealth or by the People or Inhabitants thereof against the People or Inhabitants of the other either against any the Articles of this Treaty or against Common right there shall yet no Letters of Reprizals Mark or Countermark be granted by the one or the other Common-wealth till first Iustice be there sought in the ordinary course of Law and in case that Iustice be there refused or delayed then that Demand be made thereof from the supreme power of the Common-wealth whose people or Inhabitants have suffered wrong or from such as the supreme power shall depute to that Common-wealth where Iustice is as aforesaid denied or delaid or to such power as shall be by them appointed to receive such Demands that all such differences may be composed amicably or in the ordinary course of Law But if there shall be yet delay and that Iustice be not done nor satisfaction given within three moneths after such Demand made that then Letters of Reprizal Mark or Counter-mark may be granted XXV That all persons on either side that shall go out to Sea upon particular Commissions shall be bound before they take out their Commissions to put in good and sufficient Security by responsible Men not of the Ships Company before the Iudges of the Court whence the said Commission is issued that they shall do no wrong or injury to the People or Inhabitants of either side XXVII That the Lords the States General of the United Provinces shal take care that Iustice be done upon those who were Authors or Abettors of the Murther committed upon the English in Amboyna as the Common-wealth of England was pleased to qualifie it if any of them be yet alive XXX Item Agreed that at the time of the deliverie of the instruments of Ratification four Commissioners shall be nominated on both sides to meet here at London vpon the eighteenth day of May next old style who shall be authorized and impowred as also by these presents they are authorized and impowred to examine and determine all the losses and injuries which either side alledges to have sustained from the other since the yeer one thousand six hundred and eleven unto the eighteenth day of May 1652. old style as well in the East-Indies as in Greenland Muscovy Brazeel or in any other place the particulars of all which are to be delivered into the Commissioners nominated as above before the said eighteenth day of May under this restriction that after the said day prefixed no new allegations shall be admitted And if the above-said Commissioners shall not within three moneths space to be accounted from the said eighteenth day of May come to an agreement concerning the differences aforesaid delivered in writing and expressed in particular That in such case the aforesaid differences shall be submitted as by these presents they are submitted to the judgment and arbitration of the Protestant Cantons of Swisserland who by an instrument for this purpose the form of which is already agreed upon shall be desired to take upon them that Arbitration and appoint like Commissioners impowred and instructed to give final judgment thereupon within six moneths next following after the expiration of the three moneths aforesaid And whatsoever the said Commissioners or the major part of them shall award and determine within the said six moneths shall oblige both parties and be performed accordingly XXXI It is also agreed That both Parties shall firmly and truly perform and observe this present Treaty and every Article and Thing contained and concluded therein and shall cause the same to be performed and observed by their respective People Subjects and Inhabitants The CLAIM exhibited against the Dutch by Mr. Tombes 1654. EXTRACT Index five Repertorium Postulatorum quae ex parte Mercatorum aliorumque Anglorum contra Populos Foederati Belgii virtute trigesimi Articuli Pacis inter utramque gentem nuper initae stabilitae edicti eâ super re postmodùm facti vigesimo quarto Maii 1654. promulgati die Martis trigesimo viz. Maii predicti coram Venerabilibus Dominis Commissariis hinc inde nominatis exhibebantur GUlielmus Tombes Executor Testamenti Domini Pauli Pindar Militis interessati in nave Bona Esperanza unà cum mercibus mense Junio anni 1643. dum Chinam versus à Goâ navigabat a duabus navibus bellicis ad Hollandos spectantibus capta pro suis marinariorum damnâ reparationem petit ad summam septuaginta duarum millium quingentarum sexaginta quatuor librarum Anglicarum 72546 00 00. Concordat cum suo Indice
be the better known and that they might not in any wise be falsified and counterfeited there shall be given in certain marks and subscriptions of both the said Lords and Kings Contrabanda Merehandize confiscated Art XVIII And in case there be found in the said French Vessels and Barques by the means aforesaid any Merchandizes and Commodities before declared to be prohibited and contrebanda the same shall be unladen denounced and confiscated before the Judges of the Admiralty of Spain or any other Competent Judges yet for all that neither the Ship and Barque nor any other of the lawful and permitted goods Merchandizes and Commodities found therein shall in any wise be seized on or confiscated Free Trade and Commerce mutually enjoyed Art XX. All the Subjects of the said Lord the Catholick King shall mutually enjoy the same Rights Liberties and Immunities in their Trade and Commerce within the Ports Roads Seas and Dominions of his most Christian Majesty And what hath been abovesaid that the Subjects of the said Lord the most Christian King shall enjoy in his Catholick Majesties Ports â—â—â—n open Sea ought to be understood that the equality shall be mutual in all manner on both sides even in case hereafter the said Lord the Catholick King should happen to be at peace amity and neutrality with any Kings Princes and States that should become the Enemies of the said Lord the most Christian King each of both the parties being mutually to use the same conditions and restrictions expressed in the Articles of the present Treaty concerning the trade and commerce Further provision against Frauds and Inconveniencies in Trade and Commerce Art XXI In case of either side there happens any contravention to the said Articles touching the Commerce by the Officers of the Admiralty of either of the two Lords and Kings or any other person whatsoever the complaint thereof being addressed by the interessed Parties unto their Majesties themselves or their Councils for the Navy their said Majesties shall presently cause the damage to be repaired and all things to be executed in in the manner aforesaid And in case in progresse of times any frauds or inconveniences should be discovered touching the said Commerce and Navigation not sufficiently provided against by the aforesaid Articles new ones shall be added thereto of such other precautions as shall be thought convenient on both parts The present Treaty remaining yet in the mean while in its force and vigor Speedy Justice to be done to Foreigners Art XXII All Goods and Merchandizes arrested in either of the Kingdoms upon the Subjects of the said Lords and Kings at the time of the Declaration of War shall be uprightly and bonâ fide restored to the Owners in case they be found in esse at the day of the publication of the present Treaty And all Debts contracted before the War which upon the said day of the publication of the present Treaty shall be found not to have been actually paid unto others by vertue of Judgements given upon Letters of confiscation or Reprisal shall be bonâ fide acquitted and paid And upon the demands and persuits that shall be made about them the said Lords and Kings shall give order unto their Officers to render as good and speedy Justice unto the Foreigners as unto their own Subjects without any distinction of persons Actions to be tryed when they first begun or did arise Art XXIII The actions that have been heretofore or shall hereafter be intented before the Officers of the said Lords and Kings for Prises Spoils and Reprisals against such as are not Subjects to the Prince in whose jurisdiction the said actions shall have been intented or begun shall without any difficulty be returned before the Officers of the Prince whose Subjects the Defendants shall be Six Months time given in case of War to transport persons and goods Art XXIV And the better to secure for the future the Commerce and Amity between the Subjects of the said Lords and Kings for the greater advantage and commodity of their Kingdomes it hath been concluded and agreed That there hapning hereafter any breach betwixt the two Crowns which God forbid six months time shall alwayes be given to the Subjects on both sides to retire and transport their persons and goods where they shall please Which they shall be permitted to do with all liberty without any hinderance and during that time there shall be no seisure made of their said goods much less their persons arrested Advocates and Proctors to be Assistant to either party that retains them Art XXV The Inhabitants and Subjects of either side shall every where within the Lands of the obedience of the said Lords and Kings make use of such Advocates Proctors Notaries and Sollicitors as they shall please whereunto also they shall be committed by the ordinary Judges when need shall be and when the said Judges shall be desired so to do And it shall be lawful to the said Subjects and Inhabitants of both sides to keep in the places of their abode the Books of their trade and correspondence in such a Language as they shall like best either French Spanish Flemish or any other without falling thereby into any molestation or trouble Consuls appointed for Commerce in both Nations Art XXVI The said Lords and Kings shall have power for the commodity of their Subjects trading in one anothers Kingdoms and Dominions to settle some Consuls of the same Nation of their said Subjects who shall enjoy the Rights Liberties and Immunities belonging to their exercise and employment And that establishment shall be made in such places where with a mutual consent it shall be thought necessary Letters of Marque and Reprisal in case of injustice Art XXVII All Letters of Mart and Reprisals that may have been formerly granted for what cause soever shall be suspended and none shall be granted hereafter by either of the said Lords and Kings to the prejudice of the Subjects of the other unless in case of a manifest denial of Justice onely whereof and of the Summons made about the same such as shall sue for the said Letters shall be bound to bring good proofs according to the form and manner required by the Law Overtures made by the King of France concerning the Kingdome of Portugal Art LX. Although his most Christian Majesty hath never been willing to ingage himself notwithstanding the pressing instances made to him heretofore backed even with very considerable offers not to make the Peace without the exclusion of the Kingdom of Portugal because his Majesty hath foreseen and feared least such an Engagement might be an unsurmountable obstruction to the conclusion of the Peace and might consequently reduce the two Kings to the necessity of a perpetual War Yet his said most Christian Majesty wishing with an extreeme passion to see the Kingdome of Portugal injoy the same quietnesse which so many Christian States shall get by the present Treaty hath for that end proposed a good number
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 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 â—â— 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 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
caution to perform their Articles rather than they would want the benefit of English Harbours in Winter or the Countenance of Great Britain all the year they will subscribe to any condition knowing that France and Spain holds correspondency no longer than they have a fair opportunity to reduce them to their first principles or requite them in some other kind The Frontier Towns are wholly kept by English Scotch and French that know both the strength and weakness of their Countrey and they are forced to continue their Armies as much to govern by an Arbitrary way at home as to defend themselves from Invasion abroad their Shipping must be supplyed by Strangers that are not any way concerned for the defence of their Countrey therefore the King may take his advantage and set a valuable price upon his owne Inheritance which God and Nature hath endowed him withall My Lords I know they hunger after a nearer Alliance with the King and had rather be at Enmity with the whole world than not in Amity with England They term the Union with the King like man and wife I humbly beseech you in the name of all the Interessed persons for whom I am concerned that by some special Provisoe in the Treaty Ours being an extraordinary Case It may be reserved to such Remedies as the King and His Councel shall think fit otherwise all English men beyond the Seas that have heard the noise of this Case will despair of any protection and resolve if the King cannot have that Reputation throughout the world that no Kingdome or Nation whatsoever shall dare to affront His Merchants at Sea their Trade will be wholly left to them that so earnestly persue it I beg your pardon for my boldness and leave all to your grave wisdoms and considerations subscribing my self From my Lodgings at the House of Nassau in Papa Street at the Hague July 17 25. 1662. Your Honours most faithful and humble Servant George Carew The third Memoriall of Sir GEORGE DOVVNING to the States Generall THe underwritten Envoy Extraordinary of His most Sacred Majesty of Great Britain c. is very sorry that he must still reproach their Lordships that yet to this day since the Return of his Master into His Kingdomes there is not one Example made by them or their Order for satisfaction and reparation to any of His Subjects in any of those many and grievous Complaints which in His Name and by His special Orders have been from time to time made unto them the which their Lordships must think cannot but neerly touch such a King and such a Neighbour and the more when He considers how frequent the Examples of their Justice were in the dayes of those who usurped His Crowns and Authority and also how many Examples have been of His Justice from day to day towards their Subjects at the request of their Embassadors by the interposition of His Royal Authority And though it is now a considerable time since he the said Envoy Extraordinary did give in to their Deputies his Replies upon what had been given him by them concerning the Ships Bona Esperanza Henry Bona Adventure and the Ship Charles by which it appears to the whole World how groundlesse and frivolous were the Shifts and Pretexts which those who have done these Robberies and Uiolences would avoyd the making satisfaction for them yet he hath not since that time heard one word from them or from their Lordships concerning them And he doth herewith further complain that a certain English Ship called the Content of London whereof one William Jordan was Commander sailing out of the Downs in the Month of October last for the Coast of Africa was there in a hostile manner set upon by two ships belonging to the West-India Company of this Country the one called the Golden Lyon and the other the St. Barbara and taken the People stripped and plundered and he doth demand that satisfaction and reparation be forthwith made to the persons interessed as also to those concerned in the Experience the Ship Daniel Brazil Frigot Leopard St. John Baptist and others concerning which complaints have been made to their Lordships And de doth hope that he shall at last be able to give an account to His Master of the reall effects of their Justice without which it is but a prostituting of His Honour and Dignity to continue the sending His Subjects hither and endeavouring to obtain reparation for them in this neighbourly and friendly way Given at the Hague this 6 16 August 1662. George Downing The Answer of the Lords States General Translated out of the Dutch Original to Sir GEORGE DOVVNING's Third Memoriall THE States General of the United Provinces c having seen examined and considered a certain Memoriall delivered by Sir George Downing Envoy Extraordinary from His Majesty of Great Britain c. in his late conference with their Ho Mo Deputies as also his Memorialls presented from time to time concerning the Ships called the Bona Esperanza and Bona Adventure After mature deliberation they have thought fit to declare by these presents that their Ho Mo did not in the least doubt but that the said Envoy Extraordinary and the King His Master would have acquiesced in the particular informations and circumstances comprehended in their Ho Mo Answer on the 22 of June last touching the same Subject protesting that they did only cause this to be done for better information and no otherwise but finding contrary to what was expected their Ho Mo can assure the said Envoy Extraordinary and the King His Master with all truth and sincerity that they find nothing in the said Memoriall nor in the said Pieces joyned that can in the least weaken the force of the said Information whereupon their Ho Mo would inlarge themselves were it not that by the Treaties of 1654 and 1659. these as also all other pretences known by the one side or the other before that time ought to be considered as matters extinguished whereby their Ho Mo think it not fit to enter into any dispute with the said Sir George Downing being that the same hath been presented to His Majesty by the Embassadors of this State and caused the said matter to be deliberated on in his Councell who did acquiesce therein as it doth evidently appear by His Majesties solemn Answer Signed by one of His Secretaries of State and delivered to them on the 25 of May last as likewise in his Majesties solemn Declaration made to the Embassadors in their Audience at Hampton Court the 4. of July last and their Ho Mo do only depend upon His royal Word passed at that instant as also upon those reasons which are equitable and just passed in their Ho Mo Assembly at the Hague the 26 of August 1662. Second Reply of Sir GEORGE DOVVNING Envoy Extraordinary from His MAJESTY of Great Britain c. Presented to the Estates General the 1. of Sept. 1662. THE underwritten Envoy Extraordinary of His most Sacred
praemisso J. Spronssen To the Right Worshipful the Commissioners appointed by His Highness Oliver Lord Protector and the Lords States Generall of the United Netherlands to hear and determine all Losses between the English and Dutch according to the 30. Article of the Peace The humble Petition of Henry Powell Citizen and Draper of London on the behalf of himself and the other Creditors of William Courten late of London Merchant Sheweth THat by virtue of a Commission under the great Seal of England grounded upon the Statutes made concerning Bankrupts directed unto James Winstanley and others appointed to inquire into the Estate of the said William Courten and to distribute the same according to the Laws in that Case made and provided whereby the Commissioners found the said William Courten became insolvent and that the East-India Company of the Netherlands and their Ministers abroad had seised and possessed themselves of two Ships belonging to the said William Courten called the Bona Esperanza and the Henry Bona Adventure of London with all their Lading Goods Merchandizes and Provisions and also had done unto the said William Courten and his Factors many other violent injuries and wrongs in the East-Indies whereby he himself and his Creditors are damnified to the sum of 150000 l. and upwards as by Authentique Proofs taken in the Admiralty may appear Received and admitted Tho. Lovell May 12. 1654. The premisses considered and for as much as the Creditors of Mr. Courten are intituled to the said Money accrewing by the damages aforesaid Your Petitioner therefore humbly prays on the behalf of himself and the Creditors that his Claim may be entred receive such a speedy determination for relief of himself and many poor father lesse Children and Widowes Creditors aforesaid as in all Justice and Equity the merits of the Cause shall require And your Petitioner shall pray c. Hen. Powell To the Honourable the Commissioners appointed by the Articles of Treaty between His Highnesse the Lord Protector c. And the Lords the States General of the United Provinces of the Netherlands To Examine and Determine all Losses and Injuries which either side alledgeth to have sustained from the other The humble Petition of Thomas Newman Richard Wheeler Francis Hill and Andrew Wetton in the behalf of themselves and the rest of the Company of and in the Ship Bona Esperanza Sheweth THat the said Ship being set out in the employment of William Courten Esq Thomas Kynaston Company authorized by vertue of Letters Patents granted by the late King for Trading to the East-Indies in her passage from Goa to Maccao in the year 1643. at which time there was perfect peace and amity between the English and Dutch was contrary to the said Peace and Amity in a violent and hostile manner surprized and seized by two Holland Ships belonging to the Holland East-India Company the one called the Vendillo and the other the Portogallo in which Ships Seignior Fermeren Seignior Gealand and the Lieutenant of the Fort of Malacca were Commanders who all three at first came aboard the said Ship Bona Esperanza as friends in way of visit and accordingly parted but soon after beyond all expectation of the Petitioners Shot a Peece of Ordnance in an Hostile manner and forthwith killed the Master Roger Tuckerman and afterwards in Fight took the said Ship by force of Armes to the damage of your Petitioner Newman at least 1400 l. he being then Sole Factor of the Cargozon and to the Damage of the rest of your Petitioners and the Company of the said Ship 2000 l. which respective damages have ever since tended and do tend to the utter ruining of your Petitioners All which appears by the Claims and Depositions in the Admiralty now brought before your Honours by William Tombes Esq Executor to the last will of Sir Paul Pindar Knight the Assign of the said Esq Courten Received and admitted Tho. Lovell May 14. 1654. Your Petitioners in obedience to and persuance of your Honours late Declaration injoyning all Claimers to bring in an Abstract of their Damages in particular have presumed to present their Case as above by this tbeir Petition Most humbly praying that their Claim aforesaid may be distinctly set apart by it self And that they may according to the power and authority wherewith your Honours are now invested by the Articles aforesaid receive their several satisfactions answerable to their proportions of damages aforesaid And your Petitioners shall ever pray c. Rich. Wheeler Thomas Newman Francis Hill Andrew Wetton A Breviate of the Depositions taken in the High Court of Admiralty in England concerning the Ship Bona Esperanza referring to the several Fol. and Interogatories   Fol. Inter. THat in 1641. William Courten and Company Fraighted and set to Sea the Ship Bona Esperanza wherein Roger Tuckerman was Master on a Trading Voyage to the East-Indies ROb. Gray 2 1 Rich. Wheeler 37 1 Saith she went out about 3. Decemb. 1641. as he remembers  Fra. Hill 21 1 Tho. Newman 58 1 Saith the goods in her were consigned to the Factor of Courten and Company in India   That 180. Tuns of the said Ship at Goa was let to Fraight by John Faren for Courten and Company to the Portugals for a Voyage from Goa to Maccao in China and from thence back again to Goa and there was to be paid for outward Fraight 8000. Rials of eight and 32000. Rials of eight for her homeward Fraight the rest of the Tonnage was reserved for Courten Tho. Lamberton 71 2 William Page 47 2 Tho. Newman 59 2 Rich. Smith 30 2 Rich. Wheeler 38 2 That the Portugals about March 1643. at Goa put aboard the said Ship goods of a great value and about 100. passengers bound for Maccao which the Master and Company undertook and endevoured to perform the same Tho. Newman 59 3 Will. Page 48 3 Saith that some goods were by the Portugalls laden and some for Courten and Company   Rob. Gray 3 3 Andr. Wetton 14 3 Tho. Lamberton 72 3 That besides the Portugals goods taken in at Goa there were divers goods taken in there and at other places for Mr. Courten and Company to be carried to Maccao in China which Ship set Sayle from Goa towards Maccao in April 1643. the last Port that goods were taken in at was Atcheene and that all the goods in the Schedule in the 4. Inter. mentioned were the goods of Courten and Company Rob. Gray 4 4 Rich. Smith 31 4 Rich. VVheeler 39 4 Will. Page 49 4 Saith they went from Atcheene in or about May 1643.   Tho. Lamberton 72 4 Saith he cannot express the times because the Dutch took away his Papers Writings and Books of Accompt     Fol. Inter. That in June 1643. the Ship with her Lading in her passage towards Maccao was in a Hostile manner taken by two Ships the Vendillo and the Portugallo both belonging to the Holland East-India Company having
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. 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 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 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 it s 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 To the Kings Most Excellent MAJESTIE 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 SHEVVETH THat William Courten Esquire and other Merchants in Company with him were Authorized by Letters Patents under the Great Seal of England ê™ 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◠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 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 pà rticulierement 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 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
the same and makes the distinction of two sorts actiones reales actiones personales Bracton makes a threefold distinction of Actions Real personal and mix'd actio realis in the largest sense is to be understood for any thing wherein a man hath a property and may require it in his own name and not in another mans actio personalis is that which belongs to a man by force of any Contract or Offence c. for which he may require satisfaction by Law from the person offending actio mixta is that where a man hath not only remedy for the thing but for damages against the person unjustly taking or detaining the same there is jus quaerendi and jus petendi there are actiones Criminales and actiones Civiles the former do properly appertain to the King propter pacem Regis communem utilitatem and when Robberies Murthers and Piracies are committed upon the Kings Subjects against Treaties of Amity Confederacies and Alliances and upon such Ships as carried the Kings own Colours His Commission for Trade and Signature in all matters of Commerce these are accounted Acts of Hostility and open defiance and not to be reconciled but in a way of State Grotius in his Treatise De jure belli ac pacis makes this Distinction and says Bellum non dicitur actio sed status praelium autem dicitur conflictus ipse bellorum As to the Objection concerning Cromwell's Treaties it needs no other Answer but this That as the King is not obliged to any thing in them so he hath not admitted any thing of them to bar our extraordinary remedy against the Company for the violent injuries and damages sustained and it would be a forced interpretation nay a great piece of Nonsence put upon the King and His Commissioners to imagine in the least that by the words poterunt litem inceptam prosequi should be construed that the Interessed might be able to prosecute the Suit begun at Amsterdam which was lawful in the ordinary way notwithstanding the Treaty if any such Suit had been there begun by them but qui passos dicunt begun no Suit at Amsterdam their lis incepta was at Whitehall upon their Petition to His Majesty and prosecuted at the Hague by His Majesties Command and several Orders from His Majesties most Honourable Privy Councel On the contrary in the time of the Treaty it was urged by the States Embassadors that the States had sent instructions for a Clause to be inserted that the Interessed should be at liberty to prosecute their right before the Eschevins at Amsterdam and intreated the Kings Commissioners that it might be so inserted into the 15 Article of the Treaty which was utterly refused by the King and in conclusion agreed upon that the interessed should not be left to the ordinary course of Justice in Holland but proceed in the way they had begun upon their Petition and his Majesties recommendation to the States General at the Hague Whereupon the words Poterunt litem inceptam prosequi were inserted and thought sufficient to imply the sense of the agreement and conclusion as appears by the Embassadors Letter sent from Chelsey with the Treaty Sept. 5 15 1662. I only mention these by the way since Mr. Vandam was pleased to make those exceptions to the words in the Treaty and the Pensionaris made the other exception as to Cromwell's Treaty of 1654. After Mr. Courten had once divested himself of his Property in the Ships his Stock in India and the product of it as nothing is more usual amongst Merchants then to sell their Shipping at Sea Adventures abroad and Actions in joint stocks of Companies all posterior Acts to Pergens were void and both the Company and Pergens in this Case were left without any manner of excuse for that the Transports to Sir Edward Littleton and Sir Paul Pindar were insinuated to them long before the pretended agreement The Case that Pentionaris de Wit put concerning res Mobilis does not quadrate with ours where he says that Abraham the Shoomaker sold a pair of Shooes to Adrian van Hoffe for a pattacone who left them in the Shoomakers custody until he called again in the mean time Abraham's Servant or himself sold the Shoos to Jacob the Jew for a Duccatone who took them away and had the property by Manuduction or Delivery That Adrian had only his remedy against Abraham fot the price and not against Jacob for the Shooes It 's granted that Shops and Fairs are Markets overt and although goods were stolen and sold there even then the property is changed yet in those Cases if it be found there was any Combination between the parties there is relief to be had against them It 's frequent in England that both Buyers and Sellers of stolen goods where they were sold at an undervalue have suffered as Accessaries when the Principals have made their escape pardon the meanesse of the expression I could not find any thing that comes nearer to our point The like is if a man voucheth a Horse in Smithfield The Company knew that Mr. Courten was not qualified to deal with Pergens and consequently that Mr. Pergens was not qualified to deal with the Company so the Compact between them was a meer Collusion As to Sir Edward Littleton his Damages and Payments for Mr. Courten the several Records in His Majesties Courts will sufficiently declare to the World what they are but to give the States General and the East-India Company further satisfaction therein they shall receive Copies of the said Records and also the opinions of the most learned Common Lawyers of England and Professors of the Civil Law there that all Contracts Obligations and Transports made in England are to be adjudged according to the Laws thereof Mens sana in Corpore sano To all Military Men Merchants and others of the English Nation inhabiting within the Seven United Provinces COUNTRYMEN IT was given for a general rule by William of Nassau who was both an Eminent Soldier and Statesman That the Netherlanders should keep a fair Correspondence with France do justice to all Strangers and in all Revolutions of time keep a firm and inviolable Peace with England and that when they failed in either of those Principles their foundation would be shaken and their Government in danger of Subversion To publish their Forgetfulness or Ingratitude to those that have spent their Youth and Fortunes to render them considerable in the World is not to my purpose or to tell them when they were made a Free State at Munster created both High and Mighty by the conduct of a Prince to their Generall they thought it time then to make Reformadoes of their Officers put them to Pensions and maintain their Low Countries without a Commander in chief is not my designe No my business to those High and Mighty Lords is for justice against the East-India Company of the Netherlands in a politick way of Proceeding The dispute concerns Spoyls
and Robberies done upon the English in times of Peace and that for some Reasons the Company reserve to themselves And the King for either Reasons hath been pleased to require just reparation in this way of State and to set a greater value upon the Lives and Fortunes of His Subjects then the Hollanders are willing to admit This is the Substance of the Ensuing Narrative which when you have weighed from what hath been set forth in the foregoing part of this Treatise and shall consider all which follows I question not but you may as much wonder at the strange confidence of some persons in Holland as at the patient forbearance of others interessed in England Pardon my Freedome I find liberty in the Low Countries consists only in speaking their minds and parting with their money Yet I will not injure my Cause with Satyrical Expressions nor blame the Seven United Provinces for a few unworthy Hollanders although I must make a little digression and tell them that Cowards cannot be honest and covetous men dare not dye It is an observation in nature that those Creatures which live upon Herbs and Roots are more fearful then those which eat flesh and that where the Elements are bad the habit of the mind follows the temperature of the body But I descant not The East-India Company of the Netherlands or some of their Agents in Amsterdam published the States Answers with several documents intituled the Pamphlet A Refutation of the Kings Letters and Memorials of Sr. George Downing The West-India Company took the same liberty and published another Pamphlet as rude in the manner as false in the matter and reported that the English had spoiled their Trade upon the Coast of Guiny and that the Royal Company had damnified them 80000 l. per annum by invading their Rights and Priviledges It 's frequent amongst Hollanders upon any pretence of Damages to demand both Life and Goods and take a Dollar But it 's dishonourable for an Englishman to demand any thing he cannot justifie or take any thing without a good reason for it It 's possible I may meet with some Englishmen in the United Provinces that can forget their King and Country and others of our Countrymen that study more the advantage of the Hollanders then the benefit of themselves and the English Interest That man must be of a strange Constitution most depraved in his Judgement that had rather pay a Gilder to the States then a Stiver to his Soveraign Prince I shall not hold you any longer in Discourse but come to the business in hand I desire to be tryed by a Jury of Englishmen that goes according to the Evidences before them without favor or affection though the States have in behalf of the Company used all manner of shifts and evasions Yet if I be found guilty of impudence or impertinency I will undergo their Censure and suffer any punishment On the contrary I shall beg that favour of you if the Cause goes with me that you will undeceive the Boors Fishermen in the Low Countries and tell them I have endevoured to preserve a good Intelligence between the King Our Soveraign and the States General upon the Foundations of Justice and Honour I am your Friend and Countryman GEORGE CAREVV Extract from the Register of Resolutions of the Ho Mo Lords the States General of the United Provinces May 10. 1662. REport was made again by the Sieur Braechele others of their Ho Mo deputed touching the Proceedings in England and having also according to their Ho Mo Resolution of the 1. Instant examined certain Letters and Papers written and sent over by the Embassadors of this State at present in England which said Writings were dated at Chelsey on the 28. of April last and addressed to the Greffier Ruysch Likewise caused to be read the same time a certain Memorial the which was from word to word as followeth 1. The Commissioners shall only be for matters past and not for any thing as shall happen after the date of the Treaty made 2. That their Commission concerning what passed as aforesaid shall not comprehend any general terms but shall be expresly limited to a List which shall be made and that they shall not be to take cognisance of any other matters whatsoever 3. And for the agreeing to the like List they shall form one of each side and exchange the said to be considered on reciprocally and in case any specification be found in the said of matters known at Londonbefore the 20 of January 1659. in regard of the pretences of the English according to the Treaty of the 6 of February 1659. and at the same time known at the Hague in regard of the pretences of those of the United Provinces or of any other Action by which the nature of the case will shew it not fitting to be decided in the like manner that then the said may be first taken out of the said List. 4. This List being approved of by the one and the other four months time shall be Limited in which they shall endevour His Majesties Minister at the Hague on the one side and their Ho Mo deputed on the other by friendly Conferences to decide all matters comprehended in the said List being such as are happened in Europe and for such as are happened out of Europe eight months shall be limited and the pretendents or such authorized by them shall be oblieged to appear at the Hague the first day of the 4 months and 8 months abovesaid 5. And in case the 4 and 8 months may be expired in which the pretendents or such authorized by them had continued at the Hague indevouring to decide such their pretences happened in Europe and yet not come to any agreement that then the said pretences shall be brought before Commissioners and to be decided by them as likewise after the expiration of 8 months in regard of matters happened out of Europe and that after expiration of the 4 months and 8 months there might remain any pretences as yet in difference happened in Europe the said Commissioners shall assemble in the City of London and their number shall be four of each side and be fully and wholly authorized even to what it was in the Year 1654. Whereupon being deliberated it is approved that the said Memorial be sent to the Embassadors of this State at present at London to serve them for Instruction and to use their endevours that the said Treaty may be concluded conformable thereto and withal to make His Majesty the King of Great Britain sensible and his Ministers likewise that their Ho Mo judge that His said Majesty would assuredly bring himself into great inconveniencies in case that the Terminus a quo should be as from the year 1654. as for matters out of the East-Indies for that thereby His Majesty would be engaged to make reparation for such Violences and Injuries done by His Usurpers Commissions and Authority between the