Malacca were Commanders who in an hostile manner killed the Master Roger Tuckerman and divers Seamen more wounded many others took the rest Prisoners and robbed them of all their Goods Merchandize Books of Accompts Writings and Papers and afterwards led the Mariners about the streets of Batavia in derision of the English Nation dragging also the Kings Colours after them in triumph contrary to the Laws of Nations and Common amity all which tended to the dammage of Mr. Courten and the interessed in that Voyage the Summe 75000 l. or thereabouts the particulars whereof appear by the authentique proofs taken in perpetuam rei memoriam in His Majesties High Court of Admiralty in England Upon the news of these violent and inhumane dealings Mr. Courten was forced to absent himself from the Exchange his Bills were protested in England Holland and Zeland so he became insolvent and was outlawed with Sir Edward Littleton in the Years 1644. and 1645. for the Sum of Fifty thousand pounds or thereabouts Sir Edward Littleton being then sequestered for his Fidelity and Allegiance to his Majesty and in the actual Service of the King could not appear to prosecute his action either before the Parliament or the Courts of Holland for reparation of the said violent injuries aforesaid Sir Paul Pindar having taken up several great summes of money and advanced them to the Kings use was with the rest of the Commissioners for the contracted Farms of the Customs Fined 150000 l. by the Parliament and also prosecuted at Law for the said Debts whereby he became a Prisoner to his own house and during the late distempered Times made incapable to look after his proportion of the said Damages from the East-India Company of Holland Mr. William Courten being indebted as it 's pretended unto one Jacob Pergens of Amsterdam one Peter Boudan Courten of Middleburg David Goubart and others their Confederates in London combining together perswaded Mr. Courten to appear before John Marius Publique Notary and make a Procuration bearing date at London the 27. of October 1645. giving power to the said Pergens to implead recover and receive of the said Company satisfaction for the Losses and depredations aforesaid but to the use of Mr. Courten Afterwards perceiving the Times grew more desperate and that Sir Edward Littleton and Sir Paul Pindar were plunged into most lamentable conditions and oppressions they insinuated to Mr. Courten that notwithstanding the former Deeds of Bargain and Sale to the said Sir Edward Littleton and Sir Paul Pindar their Estates being confiscated and themselves lost irrecoverably in opinion of the world he might make other Transports of the said Ships Bona Adventure and Bona Esperanza with the Goods Effects and Proceeds thereof to him the said Pergens for satisfaction of his pretended Debt aforesaid Mr. Will. Courten being divided in his own thoughts told the said Confederates that he could not do any such acts without arraigning his own understanding and wounding the reputation of himself and his Family yet notwithstanding through much importunity and perswasion being driven to great necessity having lived in obscurity three years together he came privately on the 10 of Decemb 1647. before Joshua Maniett Publique Notary at London and took upon himself to uake an absolute Transport and Bill of Sale of the said Goods Ships and all Proceeds coming and arising from them to Jacob Pergens now as his own proper Goods About six weeks after the said William Courten arrived in Holland and delivered to Mr. Jacob Pergens and David Goubart the Counterpart of the said Tripartite Indenture signed and sealed by Sir Edward Littleton and Sir Paul Pindar in whose hands the same is yet remaining who then were advised by their Advocates upon perusing of the said Deed to perswade Mr. William Courten to make another Transport in Holland who came privately to the Hague in his passage towards Italy where he dyed and appeared before Solomon Vander Heyde Publique Notary upon the 22 of Febr. 1648. and took upon him to make another Transport or Bill of Sale reciting the names of the Ships particulars of the Goods and Fraights and then granted them to the said Pergens in rem suam accepting of some small parcells of money for his charges and so took his Farewel of the said Pergens Boudan Courten Goubart leaving the shame upon them and the East-India Company who fraudulently combined to oppresse the Fatherlesse and Widows and intended to deceive them of their Just Rights And the better to colour over their practises and designes they procured Letters from His late Majestie when he was under the treachery of a Presbyterian Party and the force of an Independent Army to be sent to the States General of the United Provinces and Sir William Boswel His Majesties Resident at the Hague as followeth Celsissimis ac Praepotentibus Dominis Dominis Ordinibus Generalibus Unitarum Belgii Provinciarum Confoederatis Amicis Nostris Charissimis CArolus Dei Gratia Magnae Britanniae Franciae Hyberniae Rex Fidei defensor c. Celsissimis ac Praepotentibus Dominis Dominis Ordinibus Generalibus Foederatarum Belgii Provinciarum Confoederatis amicis Nostris Charissimis Salutem ac utramque felicitatem Celsâ—ssimi ac Praepotentes Domini Confoederati Amici Charissimi queritur bonus civis Noster dilectus fidelis nobis Gulielmus Courtenus illatum sibi Grande Damnum Anno 1643. quum ejusdem binae naves Commercii causâ ad Orientalis Indiae plagas emissae una expugnaretur in freto Malaccae altera tempestate in Insulam Mauritii conjâ—cta diriperetur ac detineretur utrumque intentatum a subdit is Vestris ad Orientalis Indiae Societatem Vestram pertinentibus quodque sat is sibi juste fieri ab eadem societate sapiuâ— efflagitavit quam conventuram brevi quum intellgamus placuit Residenti Nostri Equiti Boswellio Hagae moranti mandare ut Courteno ferat opem ac rem omnem diserte aperiat V. V. Celsitudinibus simul ab iisdem ejusmodi petat directionem quâ eadem societas ad rationom satisfactionis ineundam adducatur Residenti nostro praefato fidem in hiis integram reliquisque ex parte nostrâ proferendis coram iisdem V. V. Celsitudin negotiis eadem V. V. Celsitudines ut semper cum favore benignitate dignabuntur aahibere Quas de caetero salvas slorentesque Deus opt Max. quam diutissime conservare velit Dabanim ex Hamptoniae Curiâ Octobris die nonâ Anno salutis M D. CXVII Regni nostri XXIII P. P. V. V. Celsitudinum Bonus Amicus CAROLUS R. Facta Collatione consonuit cum suo Originali subsignatum erat I. SPRONSSEN To Our Trusty and Well-beloved Sir William Boswell Knight Our Resident with the States General of the United Netherlands at the Hague CHARLES REX TRusty and well-beloved We greet you well herewith you will receive two Letters from us one to the States Generall of the United Netherlands the other to the Prince of Aurange and a Copy
Bona Esperanza and the Henry Bona Adventure of London wherein We thought good at the humble Suit of Our said Subjects and out of the gracious sense We have of their unjust sufferings in that businesse particularly to recommend it to the said States General that a full and speedy satisfaction be made to Our said injured Subjects which We will that upon the Delivery of Our said Letters you fully represent in Our Name to the said States together with the sense We more especially have of the evident Oppression and Violence so many of Our good Subjects have so long lain under And further that you sollicite by all good means a speedy issue and accompt of this Businesse which We will that you thereupon return unto Us wherein We expect your best care and diligence And so We bid you heartily farewell Given at Our Court at Whitehall the 21 of March 1662. By His Majesties Command Edward Nicholas A True Translation of the Kings Letter from the French Original to the Lords States General MOst High and Mighty Lords Our good Friends Allies and Confederates Upon the reiterated Complaints of many of Our Loving Subjects the Interessed in the Ships the Bona Esperanza and the Henry Bona Adventure of London We could not refuse the effects of that protection which We owe to all Our Suubjects Considering more especially that they are such as have very much merited by a faithful adhering to Our interests which during the late disorders in Our Kingdomes hindered them to crave that satisfaction which they might have assured themselves of from Us in so just a Cause We have therefore given Order unto Sir George Downing Our Envoy Extraordinary to make known unto you the businesse at large with the clear and evident proofs which have been made in Our Court of Admiralty and that which hath intervened since concerning the same whereby the justice of the Cause may be known which by the Adversaries themselves have been acknowledged and some Satisfaction already given although most grosly fraudulent which ought not any way to prejudice the persons who have the true interest The Businesse being of a very considerable value and wherein the fortunes of so many of Our Subjects are concerned We hold our selves obliged to recommend the same unto you with much importunity and do earnestly require present Satisfaction answerable to the proofs which have been made according to the Rules of Justice and the Amity and good Correspondence which We desire with you ever to conserve firm and inviolable It is not in effect without regret that we are constrained by the just Complaints unto Us daily made of Our Subjects to importune you in this nature but the Care and perpetual Desires which We have for their welfare obligeth Us particularly to be interessed in all that which occurs unto them and every one ought well to assure themselves that none can in the least circumstance molest them in their Commerce without assailing and thereby ingaging Us at the same time to a just resentment thereof We refer Our Self unto the Laws of Our Common Amity for a speedy Satisfaction in this businesse desiring God to take Your High and Mighty Lordships Our good Allies and Confederates under his Holy Protection Writ from Our Court at Westminster the 21 of March 1661 2. and of Our Reign the Fourteenth Your good Friend CHARLES R. Concordat cum Original Edw. Nicholas A MEMORIAL Delivered unto The States-Generall Concerning the Ships Bona Esperanza and Henry Bona Adventure of LONDON THe underwritten Envoy Extraordinary of His most Sacred Majesty of GREAT BRITAIN c. Doth herewith tender to their Lordships a Letter from the King his Master concerning two English Ships belonging to London the one called the Bona Esperanza and the other the Henry Bona Adventure the former hereof was in the Year 1643. violently set upon in the East-India between Goa and Maccao in a hostile manner in the Streights of Malacca by two Ships belonging to the East-Indie Company of this Countrey the one called the Vendillo and the other the Portogallo whereof one Geland was Commander in chief and carried to Batavia and there both Ship Goods and Tackle all confiscated And the other having in the Yeer 1642. come on ground on the Island Mauritins was there both Ship Goods and Tackle seised upon by some of the said Company The said Envoy Extraordinary doth in the Name and in persuance of most precise Orders which he hath received from the King his Master demand that Satisfaction and Reparation be forthwith made to the Persons interessed and injured And whereas it may seem strange that this matter should be set on foot at this time when as in the Year 1654. Commissioners were sent to England who did end several matters relating to the East-Indies and whereas in the Year 1659. several matters of a fresher date were also ended and thereby a period put to all other matters of Difference which had happened about the same time and were known in Europe before the 20. of January in the said Year it is to be considered that the Persons Interessed in these Ships were such as for their singular and extraordinary activity to His Majesty of blessed memory Father to the King his Master were tendred uncapable of persuing or obtaining their just right at home or abroad and upon that account it is that the businesse of these two Ships remains yet in dispute though several matters of a much fresher date have been ended and satisfaction given And seeing this hath been the real occasion of this delay the King his Master doth no ways doubt but that their Lordships will in so much a more eminent manner put forth and shew their Iustice for their relief Given at the Hague this 19. April 1662. New stile GEORGE DOVVNING The Second MEMORIAL THe underwritten Envoy Extraordinary of His most Sacred Majestie of GREAT BRITAIN c. having yesterday again received most strict Commands by the hands of one of the principal Secretaries of State from the King his Master sitting in full Council earnestly to presse their Lordships the States General that Satisfaction and Reparation be forthwith made to the Persons whose Cases are set down in his last Memorial Doth as in Duty bound hereby make known the same to them and desires that it will please their Lordships to take such Resolutions thereupon as the Iustice of the said matters do require and as may give contentment and satisfaction to His Majesty whom the said Envoy Extraordinary doth find to concern himself very much and to be determinately resolved to have Right done to His Subjects therein one way or another Given at the Hague this 11. May 1662. New stile GEORGE DOVVNING Mr. Carew 's Insinuation to the East-India Company of the Netherlands ICk George Carew Schilt-knaep al 's by den prerogative Hove van Enghelant ghestelt zijnde tot Administrateur van alle de naergelatene goederen van wijlen de Heer Willem Courten Ridder
of each by which you will see they are but creditive and referring to that you have from us in Charge which is as followeth That a Ship called the Bona Esperanza of London belonging to William Courten Esquire laden with his goods and with other goods and monies of certain Portugalls chanced to be assaulted by two Ships of the Netherlands East-India Company in the Straights of Malacca upon or about the 26. of Iune 1643. as she was Sayling on her voyage from Goa to China where after a bloody fight and much of her Company slain she was overpowered by the Neatherlanders serving the said Company who used the rest with great rigour and disposed of Ship and Lading at their Pleasure which else might have probably brought home to Mr. Courten a return of Threescore thousand pounds or better Like Information we have concerning another Ship to him belonging called the Henry Bona Adventure of London Fraighted with Pepper and other Spices to the value of 7884. pounds and with Iron neer 300. pounds worth which by the stresse of a Harrican was forced upon a part of Mauritius Island the 25. of Ianuary 1643. and there with all tackles and goods detained by the Netherlanders serving the said Company Of both which that just restitution be made or sufficient reparation and allowance for Dammages is That we are Humbly Prayed to recommend and by you our Publique Minister with the said States General to demand and require Wherefore we will and command you soon after receipt of these to Inform your self fully by conference with James Pergens Merchant of Amsterdam who hath the managery of Mr. Courten's affairs in Holland of the whole State of the Seizure and value of the said two Ships furniture and fraights and the dammage sustained by the Owners of them with other the circumstances pertaining thereunto Wherein when you are sufficiently instructed we will and require you then to present our said letters Creditive and in pursuance of them to Presse for Satisfaction by restitution or otherwise speedily to be made by the Netherlanders East-India Company aforesaid In the Negociating of which we would have you use your utmost Care and most earnest endevours and therein to advise and assist from time to time the said Pergens the best you can Which will be grateful and acceptable to Us. Given under Our Signet at Hampton-Court the 9. day of October 1647. Concordat cum Original Quod Attestor J. Beeckman Not. Publ. Having thus far given a perfect Narrative with the Abstracts of several Deeds and Writings out of the Originals to which I refer now follows in course the Second Part of the Case wherein is set forth the Practise and Combination of Mr. Pergens and his Confederates and the prohibition of Sir Paul Pindar with the Proceedings of Jonas Abeels at Amsterdam thereupon SIr Paul Pindar being advertised by some Friends that William Courten had taken upon him to make other Procurations Transports or Assignements of the said Bona Esperanza and Henry Bona Adventure and of the Goods Ladings and Effects to Mr. Jacob Pergens notwithstanding his former Grants Bargains and Sales for such valuable Considerations as aforesaid then the said Sir Paul Pindar by Procuration bearing date at London the 11. of February 1647. impowered Jonas Abeels Merchant of Amsterdam to Implead the said East-India Company and to recover and receive of the said Company all such sum and sums of money Costs and Damages as were and should be coming unto him for the Losses and Spoyls aforesaid which act was attested by Joshua Maniet Publique Notary aforesaid Before any Treaty or Agreement could be made between Pergens and the Company Jonas Abeels insinuated to the Directors of the said Company at their Chamber in Amsterdam by Gerrit Coren Publique Notary his Procuration and quality and that Sir Paul Pindar had a Transport or Deed of Assignement of the said Ships Goods and Ladings from William Courten and Sir Edward Littleton under which he claimed and that in case they made any Agreements with Mr. Pergens or any other it would tantamount to no effect giving the Bewinthebbers or Directors a Copy of the said Deed of Assignment protesting against them for the Dammages already sustained or that should be sustained by reason of the premisses as appears by the said Act of Insinuation in the Register at Amsterdam the 25 of May 1648. Jonas Abeels hearing afterwards that notwithstanding his Insinuation Mr. Pergens was in Treaty with the East India Company did as directed by his Advocate arrest in the hands of the said Company all which by Liquidation or Avoit the said William Courten had made in regard of the said two Ships Bona Esperanza and Henry Bona Adventure and the Goods therein laden and that the summe of 2500 l. sterling covenanted to be paid out of the Henry Bona Adventure by the said tripartite Deed to Sir Paul Pindar should be paid to the Arrestant in his said quality before any money might be paid to Mr. Courten or others van syûen voegen meaning Sir Edward Littleton or his Assignes which could not then appear for the reasons before mentioned Actum at Amsterdam the first of October 1648. and was signed by Gosen Daniells Messenger of the City of Amsterdam and entred in the Arrest Book Signed with the Letter G fol. 161. abstracted from the Original kept at the Chamber of the said East India Company In the year following the King of Great Brittain being murthered the Committee of Seventeen met at Middleburgh where Peter Boudan Courten dwells and as one of the said Committee he himself procured to be made the pretended Agreement following without any notice of Sir Paul Pindar's Interest Sir Edward Littleton's Right or Mr. Thomas Kynaston and the rest of the Proprietors proportions who were also imprisoned sequestred and ruined for the Kings Cause neither was there in the said pretended Agreement any mention of the Mariners wages or their other perticular losses nor even the Dammage of Mr. Thomas Newman the Cape Merchant in the Bona Esperanza who lost all in that Bottome which he had gotten together in his Five years service of Mr. Courten and Company before nor of the least recompense or compensation to the Widdows and many poor fatherless Children of Roger Tuckerman the Master the Boatswaine and five other Seamen that were for some Reasons killed in the defence of the ship against the said Robbery and Uiolence All which proved to the losse and dammage of the true Proprietors and Interessed the summe of 84516 l. 11 s. sterling besides the said bloud inestimable losse of Trade and Imbezilment of the Original Contract under the hand and seal of the King of China concerning the Liberties and Priviledges of his Ports to Mr. Courten and Company for all which there was no procurations given from the Proprietors to Mr. Pergens to agree upon any terms whatsoever they not doubting then of plenary satisfaction when the King should resume His Crown and Kingdoms
His then Resident in this Court the said Envoy Extraordinary cannot but greatly wonder that their Lordships should so much as mention them what were those Letters but Letters of Recommendation and in general terms And was His Majesty at that time in a condition strictly to examine or look into matters had He His Councel or His Admiralties about Him He knew that William Courten had set out those Ships before the Civil War in His Kingdoms and had been informed that the said Ships had been taken by the Dutch East-India Company and what did He demand in His said Letters but onely that by the States General their help the said East-India Company might be brought to reason as are the words in His Letter to them and as are the words in His Letter to Sir William Boswel to press that satisfaction for 68884 pounds sterling might speedily be made by the Netherlands East-India Company but whether that satisfaction to be made to the said Courten was to be made to Sir Paul Pindar and Sir Edward Littleton and those that claim under them or to be made to Pergens neither of those Letters do speak and if they had yet would not that in the least alter or determine the case in hand Let me ask your Lordships whether ye take any of the King my Master His Letters to be proofs and evidences pro or contra though written upon the best and through'st examination He scarce recommending any matter till first considered and examined and reported to Him by some of His Admiralties or Privy Councel but only make them a ground to look into and examine matters and judge not according thereunto but as you find matters upon the proof and evidence And how comes it to pass that these Letters of His late Majesty are produced in this kind if Pindar and Littleton's Transports from Courten be good nothing of this nature can make them invalid nor if they were invalid make them good And for what their Lordships do hint that Sir Paul Pindar did in the Years 1650. and 1651. prosecute the Bewinthebbers of the East-India Company before the Magistrates at Amsterdam by one Jonas Abeels his Procureur but did then let the said Suit fall nor hath to their knowledge since revived it and so would thereby insinuate as if the said Pindar had been convinced of his error and thereupon let it fall The Envoy Extraordinary doth reply that the fall of the said Suit was not upon any such ground but was occasioned by the death of the said Pindar by which the said Abeels Procuration also ceased and the War between England and this Countrey broke out a little after at the ending whereof the persons interessed in the said ships did enter and persue their claim before the Commissioners that then met at London and would have done the like in Switzerland if the Instrument which was to have been sent thither had ever been sent and Commissioners met upon them the sending of which Instrument and convoking of which Commissioners was not their work nor in their power to do And as for having their affairs afterwards recommended to their Lordships in any perticular way their persons were too black in the eys of those that then ruled for them to hope for any thing of that nature and so remained hopeless and helpless till the Return of His most Sacred Majesty our rightful and lawful King and Soveraign who finding these His distressed and most loyal Subjects without satisfaction and not excluded from it by any Treaties or Transactions made in those Times upon full deliberation and advice of His Privy Councel was pleased by His Letters dated at Whitehall the 21. of March last earnestly and perticularly to recommend this matter to your Lordships as appears by the Writings marked with the letter A under the Numbers of I II III IV V. and the letter D under the Numbers I II III. And the Envoy Extraordinary hath moreover by this last Post but one received another Order from the said Councel further instantly to demand and insist that satisfaction be forthwith made to the said persons and to report with all speed what He shall do therein to them And he doth accordingly earnestly demand that such orders be given as that the said East-India Company do forthwith without further delay pay unto them what is their due for their said ships and goods which have been so long and so violently held from them to the ruine of many families but to the inestimable gain of the said Company who have not only all this while enjoyed the benefit of their Moneys but thereby also utterly discouraged and overthrown the Trade of the English to China and those Parts and ingrossed the same wholly to themselves Given at the Hague July 13. 1662. N. S. GEORGE DOVVNING Memorandum THat Sir George Downing sent his Secretary several times to the Deputies of the States General that were appointed to Treat in English affairs for a Copy of these Reasons bywhich the East-India Company as was mentioned in the States Answer could justifie the taking of the Ship Bona Esperanza nay that they were constrained to seise and confiscate the same that there might not remain the least apprehension that the fact was justifiable the said Reasons were often demanded and although a short Memoriall to that purpose was given in to the States before the Reply yet could not be obtained It 's to be notified by the Pieces or Copies of Writings received by Sir George Downing with the States Answer in Dutch and numbred with several Figures are under these significations the Paper marked Nomb. I. is the Claim exhibited by Mr. William Tombes Executor to Sir Paul Pindar for 72346 l. before the Dutch and English Commissioners in the year 1654. The Papers marked with Nomb. II. are the Agreements between the Company and Pergens the Acquittance for 85000 Gilders the Order to the Treasurer and the Caution given for the said money by Peter Bondan Courten The Papers marked with No. III. are Copies of the Procuration and the two pretended Transports or Bills of Sale from Mr. Courten to Mr. Pergens The Papers marked with No. IV. are Copies of the late Kings Letters from Hampton Court in the year 1647. the one to the States Generall and the other to Sir William Boswell The Paper No. V. is the Conclusion of Jonas Abeels upon his Action or Complaint before the Magistrates of Amsterdam for the said 85000 Gilders But as to the Insinuations and Arrests of Jonas Abeels or the Declaration of the Schepens thereupon the Company had not instructed the said Deputies of the States to make any Answer to them nor unto the Reasons aforesaid Authentique Copies of the Acts Deeds and Writings delivered by Sir George Downing with the Reply to the States Answer with the several Letters and Numbers under these significations following THe Deeds from William Courten to Sir Edward Littleton and from both to Sir Paul Pindar marked with the
Doedessen Star had taken her in persuance of a certain Resolution of this State requiring all Captaines of their Ships of war to seize all private men of war of Biscay as troublers of the freedome of commerce and traffique by Sea And this being all that is alledged by their Lordships the said Envoy Extraordinary doth very much wonder that they should in their said answer charge the said Spragg of impudence in applying to the King his Master and from him to their Lordships for Iustice and much more that they should take upon them the patronage of this action of Doedesson Star's and make it their own this being no more in effect than what was alledged in the Letter from the Admiralty of Amsterdam to them of the 1. of November last and communicated about that time to him and consequently he doth not see how or upon what account their Lordships or he the said Envoy Extraordinary should be better satisfied with this Answer than with the said Letter Captain Spragg was no more a Pirate than Doedesson Star he had a Lawful Commission from the King his Master whose native Subject he was to seize and take all Ships and Merchandises belonging to any of His Subjects then in Rebellion against Him and in persuance thereof meeting with the aforesaid Ship and finding her to be come from the Canaries 19. parts of 20. of the Wine of the growth of which place are constantly bought by the Subjects of His Majesty and carried into His Kingdoms and there spent and His said Subjects being at that time in War with the King of Spain and upon that account in that very year making use in a manner wholly of the Ships of this Country for the transport of the said Wines to England and having other probable grounds that a great part at least of the Wines in that Ship did actually belong to the English he thereupon seized her and carried her into St. Sebastian's and what was there herein done contrary to right and not justifiable Had this Country ever any Treaty Marine with any of his Majesties Predecessors or had they any such Treaty with the Usurpers at that time in England whereby to make free Ship free goods and if not wherein was the default or crime upon strong presumptions and grounds for him who had a Commission to take Ships and goods belonging to England to stop that Ship and carry her into that place Had he kept her at Sea or carryed her into any other Country and there sold and disposed of her this had been a default but the King his Master was at that time within the Dominions of the King of Spain and all such private Men of War as had his Commission had liberty to equippe to sail out of and return into all His Ports with their prizes and accordingly the said Spragg sailed out of St. Sebastian and returned in thither with her there by lawful and due process and course in Law indevoured to make her prize and is this Piratry or shall upon this account the said Spragg be taxed with impudence for demanding of his Ship and goods Were there not in those dayes many Ships of this Country that were stopped upon the like ground of having in them goods belonging to the enemies of the English and yet those that did it not accounted or called Pirates and have not both formerly and of late several English Ships been stopped by the Ships of this Country upon suspition of having in them goods belonging to the enemies of this Country and what upon tryall have been found so to belong to their enemies actually confiscated and the rest with the Ship restored and how is this then a troubling of the freedom of trade and commerce by Sea when the same thing and no other is done to their people And in this very answer their Lordships do not affirme that the whole lading did belong to the People of this Country but as are the words the whole or at least the greater part so that notwithstanding what as yet appears to their Lordships themselves although it is to be supposed that the Merchants interessed in the said Ship put the best side outmost Captain Spragg had just grounds for the seizing of the said Ship and the subordinate Officers of Iustice upon the place were so well satisfied therewith that without a superiour command by favour from the King of Spain he had obtained a sentence of confiscation of the said Wines And had Doedesâ—n Star comported himself in like manner your Lordships had not been troubled with this complaint but when he had taken the Charles he forthwith plundr'd her to the very boards yea took out of her all that was good of her very sailes and rigging used the men barbarously and cruelly and when all was done she was turn'd going at sea by Wilshut one of Doedesson Star's Captains in stead of bringing her into this Country to a lawfull tryall and adiudication the which he was obliged to have done both by his commission and his orders from the Admiralty of Asterdam as appears by their forementioned Letter to their Lordships of the 1. of Novemb. last and Captain Spragg is so far from understanding the not doing thereof to have been any thing of favour or good hay to him as their Lordships would insinuate in their answer as that on the contrary he complains thereof in the highest manner And for what is suggested as if Wilshut his quitting of the said Ship Charles was out of necessity upon the account of her leakiness this is a most frivolous and groundless pretext for Wilshut was then upon the Coast of France as is acknowledged in the said answer and so if he had done nothing but what becomed an honest man he might have carried her into some Port of France to have stopped her leaks and then have brought her to this Country but the plain truth was this Wilshut's own conscience after some time of consideration accused him that they had done what they could not justifie neither in France nor in this Country and upon that account did not abandon her as would be insinuated but forced his Majesties Subjects into her and with menaces bid them begone with their Ship as it was or else that he would still keep them in irons the whole summer and that this was the truth and bottome of the businesse appears not only by the Examinations taken in the high Court of Admiralty in England but also by the aforesaid Letter of the Admiralty of Amsterdam the words whereof are these Pourtant s'il s'estoit retourné vers St. Martin susdit illecq extendant qu' à cause de la prise de la dite Fregatte en cette Rade existe roit beaucoup des inconvenients considerant l'incommodité d'icelle aussy jugeant l'incertitude comment la ditte prise par nous pourroit estre considerée il se conseillist les gens y trouvez remettre en leur possession
Surety standeth bound to several persons for several great summes of Money and the said William Courten is willing to secure the said Sir Edward Littleton his Heirs Executors and Administrators and to save him and them harmless concerning the same Now This Indenture witnesseth that the said William Courten in consideration of the premises and for divers other good causes and considerations him thereunto moving hath given granted bargained and sold and by these presents doth give c. unto the said Sir Edward Littleton those his two Ships called the Paradox and Hester with their Appurtenances Stock and Stocks Merchandizes Assurances and all his Part and Parts Portion and Portions of all Fraight and Fraights Eoods Ladings Wares Returns or Proceeds whatsoever arising or growing out for or in respect of any Parts and Shares which he the said William Courten hath in the Loyalty the Bona Esperanza the Henry Bona Adventure the Unity and the Planter to have hold and enjoy the said Ships and Premises and all the Estate Right Title Interest Claim and Demand whatsoever of him the said William Courten of in and to the same unto the said Sir Edward Littleton c. for evermore with a Covenant therein against all former Incumbrances Provided alwayes that if the said William Courten his Heirs Executors or Administrators or any of them shall or do within the space of Seven and twenty moneths next ensuing the date of the said Indenture pay and satisfie all and every sum and sums of Money for which the said Sir Edward Littleton stands bound with the said William Courten unto such person or persons unto whom the same are or shall be due and do from time to time and at all times hereafter save harmless the said Sir Edward Littleton c. from all manner of Suits Troubles c. by reason of the same That then this present Indenture and Bill of Sale to be void And it is agreed expressed and declared that in case the said Sir Edward Littleton c. shall at any time be damnified concerning the premises or any part of the said Debts that then it shall and may be lawful for the said Sir Edward Littleton c. to grant assigne and set over the said Ships Goods Adventures or any part or portion thereof to any person or persons whatsoever for the payment and discharge of the said Debt and the surplus to be accompted to the said William Courten c. In witness c. Sir Paul Pindar having continued his money at Interest in the hands of Mr. Courten for the space of Five years upon the personal security of Mr. Courten and Samuel Bonnell there being then due to him for the forbearance thereof the summe of 4800 l. Sir Paul Pindar pressed for further security and at length prevailed with Mr. Courten and Sir Edward Littleton for satisfaction of the said Debt to make a Grant or Bill of Sale of the said Ships in manner and form following viz. By an Indenture tripartite bearing date the 19 of December 1642. made between the said William Courten of the first part Sir Edward Littleton of the second part and Sir Paul Pindar of the third part reciting the Letters Patents from the King the several names of the Ships with their Burthens and Lading Polices of Assurances and the Consideration of Mr. Courten's former Grant to Sir Edward Littleton of the 26 of Aprill last with the Provisoe contained therein as aforesaid and then mentioning the perticular sums of money that William Courten and Samuel Bonnell stood ingaged by several Bonds to Sir Paul Pindar with their dates and times of payment being accompted up Principal and Interest together amounting to 28800 l. And that for 4000 l. thereof 200 Bags of Pepper was sent upon Sir Paul Pindar's accompt to Ligorne there remaining only due unto Sir Paul Pindar the sum of 24800 l. In consideration whereof and for better security the said William Courten and Sir Edward Littleton granted bargained and sold the said Ships the Loyalty the Hester the Bona Esperanza the Bona Adventure the Unity the Paradox and the Planter with all the Fraights Adventures Returns Polices of Assurances and other Proceeds whatsoever and all the Right Title Interest Estate Claim and Demand of them the said Sir Edward Littleton and William Courten to Sir Paul Pindar c. as his and their owne proper Goods and Chattels for evermore with Covenants that they were free from Incumbrances c. according to the Laws of Oleron In which Indenture tripartite was also contained a Provisoe That the said Sir Edward Littleton and his Assigns should and might order and dispose of the Returns and Proceeds of the premises First for the payment of Sir Paul Pindar out of the Loyalty 5000 l. out of the Hester 4000 l. out of the Bona Esperanza 3000 l. out of the Bona Adventure 2500 l. out of the Unity 2500 l. out of the Paradox 2000 l. and out of the Planter 5800 l. at certain days after the Returns of the said Ships the Surplus to satisfie the Engagements of Sir Edward Littleton And it was agreed that in case any of the said Sums of Money should be behind and unpaid that it should be lawful for Sir Paul Pindar to pay himself out of the Goods and Merchandizes upon the Returns with Costs and Damages and accompt to Sir Edward Littleton for the overplus And it was also agreed that in case of Shipwrack Sir Paul Pindar should not suffer any loss or damage but that he should and might sue the Polices of Assurances and be accomptable also for the overplus to Sir Edward Littleton towards discharge of the Debts he stood Ingaged with William Courten as aforesaid In witness c. As additions to Mr. Courten's Misfortunes the Civil Wars broke out in England soon after he set forth these last Ships which gave the East-India Company of the Netherlands further advantages to dispoil him and his Friends that assisted him in his reputation And about the Month of January 1643. the Henry Bona Adventure being laden with Pepper and other Indian Wares bound homewards for England was driven upon the Island Mauritius by distresse of weather where the Dutch under a pretence of helping the Master and Seamen to save the goods seised and possessed themselves of Ship Tackle Ammunition Merchandize and Provisions and converted the same to the use of the said East-India Company and Adriaen Vanderstell the Governour of the Island sent away the Master and Mariners without any manner of succour or relief to the dammage of Mr. Courten and the rest of the interessed the summe of 10000 l. and upwards And about the Month of June 1643. the Bona Esperanza making a Trading Voyage from Goa to Maccao in the Straights of Malacca was violently set upon by two Dutch Ships Men of War belonging to the said Company called the Vendillo and the Portogallo whereof Signior Fermeren and Signior Gealand with the Lieutenant of the Fort at
us the 9 of Oct. 1647. five years after that pretended Transport saith punctually that these two Ships which are now in question appertained to William Courten and not to Paul Pindar and confirmed this truth by another Letter written the same day to Sir William Boswell his Resident then here Whereby he recommends expresly the Interest of the said Courten in the said Ships and commands him to assist by his Councell and Sollicitation the said Jacob Pergens who prosecuted Courtens businesse in this Countrey We cannot without wronging the Memory of the late King alledge the Letters of the House of Peers in Parliament to confirm what is said but we conceive our selves bound in duty to add that the said Paul Pindar having had sufficient time to be resolved in the year 1651. caused to be summoned the Directors of the East-India Company of Amsterdam to appear before the Magistrates in the Stathouse there to hear themselves condemned to pay to him the foresaid Sum of 85000. Livers Turnois but he did not prosecute the summons when he was informed of the particular proceedings before-mentioned and it will not be found that since that time he made any further suit in this Countrey which is a most Invincible Proof of the Injustnesse of these new pretensions and gives us hopes that your Majesty will not suffer unpunish'd the boldness of those who by their injurious ill grounded complaints would trouble the good Correspondence which we daily study to entertain betwixt your Subjects and ours We hope also that your Majesty will see clearly by that we have said the equity of our proceedings and sincerity of our intentions to entertain most Religiously the Friendship which hitherto hath been so profitable to both Nations and to merit the affection which it hath pleased your Majesty to professe unto us whereof we promise our selves the effects and in the mean time Pray God c. Your Majesties very Humble Servants the States General of the United Provinces of the Low Countries Antwoort van de Heeren Staten Generael der Vereenighde Nederlantsche Provincien op de Memorie door den Ridder George Downing extraordinaris Envoyé van syne Majesteyt van Groot-Britannien c. aen haer Ho Mo overgegeven den 20 April 1662. DE Staten Generael der Uereenighde Nedetlanden geexamineert ende overwogen hebbende seecker Memoriael by den Heere Downing extraordinaris Envoyé van den Koning van Groot Britannien c. den 20 April lestle den aen hare Ho Mo gepresenteert raeckende onder andere seeckere twee Engelsche Schepen 't eene genaemt la Bonne Esperance ende 't andere Henry Bonne Aventure daer van't eerste in den Iare 1643. soude wesen genomen in de Straet van Malacca door twee Schepen van de Oost-Indische Compagnie deser Uereenighde Nederlanden ende 't laetste ontrent de selve tijdt gestrandt wesende aen 't Eylandt genaemt Mauritius aldaer met sijne Ladinge by die van de selve Compagnie soude zijn gesaiseert versoeckende hy Heere extraordinaris Envoyé voornaemt dat daer over prompte satisfactie ende reparatie aen de geinteresseerden en mishandelden gedaen moge worden met byvoeginge dat alhoewel het ten eersten aensien wat vreemt soude konnen schijnen dat de voorsz saecke tegenwoordich op 't Tapijt werdt gebracht nademael in den Iare 1654. Commissarisen gonomineert ende naer Engelandt gesonden zijn geweest om af te doen verscheyde saecken Oost-Indien raeckende ende dat in den Iare 1659. oock waren getermmeert geworden de saecken van jonger date dat echter daer en-tegen te consideren stonde dat de geinteresseerden in de voorsz Schepen haer soodanich hebben gesignaleert voor den overleden Koningh Hooghloffelijcker Memorie dat sy selfs niet derven hebben declameren 't gunt haer toehoorende ende in dier voegen tot nu toe over 't geene voorsz is noch geene reparatie bekomen hebben alhoewel veel andere saken naer date van dien voorgevallen zedert getermineert ende oock over de selve behoorlijcke reparatie geschiet zijn hebben hare Ho Mo naer genomen informatie over 't geene voorsz is goet gevonden den voorsz extraordinaris Envoyé daer op mits desen tot antwoort toe te voegen dat hare Ho Mo geenstnts souden konnen bewilligen dat eenige saecken voor date van den voorsz Iare 1654. gepasseert ende voorgevallen contrariede solemnele Tractaten daer over tusschen beyde de Natien gemaeckt ofte oock anderen by het Tractaet van den Iare 1659. gemortificeert al 's nu wederom levendich gemaeckt ende op nieuws in dispute gebracht souden werden wat redenen van exceptie daer toe oock souden konnen ofte mogen werden voergewent al 's houdende sulcks van seer vervaerlijcke consequentie en de capabel om door veele nieu we disputen over wel geassopieerde saecken de Natien ten weder zijden merckelijcke te ontrusten ende de goede intelligentie tusschen de selve te verstooren 't welck alhoewel by sich selven ende alleen genoech is om daer op de voorsz oude saecke van de handt te wijsen gelijch hare Ho Mo oock van nu voortaen niet gemeynt zijn over saecken van diergelijcke nature sich eenichsints in te laten ofte tijdt te spenderen ende moyete te doen om haer op de eygentlijcken toe-dracht van de selve te laten informeren soo hebben hare Ho Mo echter om alle voldoens wille ende ten overvloet voor dese reyse alleen in de voorsz saecke doch sonder tot anderen in consequentie te mogen werden getrocken hem Heere extroordinaris Envoyé wel willen aenwijsen eerstelijck dat de voorsz geinteresseerden seer abusivelijck ende contrarie de waerheyt haer tegens den voorsz generalen Regul trachten te behelpen met de voorsz hare voorgewende exceptie van dat sy luydens al 's getrouwe Dienaers van den overleden Koningh onsterffelick Gedachtenisse selfs hare Actie niet souden hebben derven intenteren gedeurende de jonghste disordres in Engelandr voorge vallen Ende ten anderen mede dat oock buyten de voorsz Tractaten voor haer uyt saecke van de voorgeweden pretensie geen recht ter werelt gevoren ofte overigh is Wat het eerste belanght is het soo verre van daer dat de voorsz geinteresseerden gedeurende de voorseyde disordres niet souden hebben derven reclameren 't gunt haer in desen was competerende dat ter contrarie sy luyden daer over in den voorsz Iare 1654. haren eysch wel expresselijck voor de wederzijts geordonneerde Commissarisen ingebracht ende schriftelijck over gelevert hebben op de naem van Willem Toombs al 's Executeur van den Testamente van den Heer Paulus Pindar uyt wyens hoofede de tegenwoordige pretensie oock wederom wert geresusciteert hebbende den voorsz eysch doenmales seer enormelijck geextendeert tot twee-en-seventich duysent viif hondert ses-en-veertich ponden Sterlings gelijck alle 't selve naerder kan werden afgenomen uyt
Letter D No. I. II. The Depositions of the Witnesses taken in the Court of Admiralty concerning the matters of fact and Damages marked C No. I. II. The Certificate from the Commissioners upon the Statutes made concerning Banckrupts marked C No. III. The Agreement between the Mariners and Adrian Vanderstell concerning the Henry Bona Adventure marked C No. IV. Sir Paul Pindars Procuration to Jonas Abeels D No. IV. Anno 1647. The Summons and Proceedings before the Magistrates or Schepens at Amsterdam B No. I. The Certificate of Sir Paul Pindar's Death B No. III. The Acts and Proceedings of William Tombes before the Dutch and English Commissioners Anno 1654. B No. II. The Petition of Tho. Newman and the Mariners to the said Commissioners Anno 1654. B No. IV. The Petition of Henry Powell on behalf of himself and the Creditors claiming under the Statute the Damages of both Ships Anno 1654. B No. V. The Petition of Sir John Ayton George Carew and Charles Whitaker to the King A No. I. The Deed of Assignment from Sir Edward Littleton to George Carew John Ayton and others D No. III. Anno 1656. Letters of Administrations granted to George Carew of Sir William Courten's Estate and of Sir Paul Pindar's to Sir William Powell A No. II. Several Proeurations to George Carew from Commissioners of Banckrupt from Sir William Powell Sir John Ayton Thomas Kynaston and the rest of the interessed A No. II. III. IV. V. Notwithstanding all this the report went at the Hague that the Kings Commissioners appointed to Treat with the Dutch Embassadors at London had excluded us from any extraordinary remedy by the Treaty whereupon I presently sent this Letter following to the said Commissioners These for the Right Honourable George Duke of Albemarle and the rest of the Commissioners appointed by the Kings most Excellent Majesty to Treat with the Dutch Embassadors Right Honourable MAY it please your Lordships I am commanded by the Creditors of Mr. Courten Sir Edward Littleton and Sir Paul Pindar that have entrusted me with their perticular Complaint against the East-India Company of the Netherlands to give your Honors an Accompt of my Transactions at the Hague with these following Considerations that a right understanding might prevent the Miscarriage of their business A Demand was made of the States General on their behalf in the Kings Name upon His Majesties justly grounded Letters of Recommendation The Bewinthebbers of the Company at the first Treaty offered 85000. Gilders with Interest since the Year 1649. provided I would by consent simul semel commence the Suit against them and Jacob Pergens before the Magistrates at Amsterdam in Satisfaction Afterwards the States of Holland perswaded them to decline any further Treaty upon pretence the King had promised their Embassadors that no Damages in the East-Indies should be insisted upon before the 20. of January 1659. I shall not trouble your Lordships with perticulars but refer your Honors to the enclosed printed Reply given unto the States Impertinent Answer of the 22. of June last The Interessed of the Ships Henry Bona Adventure and Bona Esperanza are above Three hundred several persons many of them Orphans and Widows whose Fortunes were bound up in the sad and deplorable condition of those two worthy Gentlemen Sir William Courten and Sir Paul Pindar That lent the late King of ever blessed memory 95000 l. for the Ordinary support of his Crown before the late War and borrowed 120000 l. upon their Credit to carry on the China and East-India Trade by the late Kings especial appointment and Commission in the Year 1636. which the Dutch by Violence and Rapine have destroyed and yet the Complainants not any ways satisfied included or excluded by any Agreement Treaty or Confederacy in the Years 1649. 1654 1659. Since the Reply to the States Answer was dispersed in English French and Dutch most of them are ashamed of themselves and several of the Provinces are much troubled for the Injuries and Oppression we have suffered and will protest against the rest if we have not speedy Reparation made answerable to our Damages The persons concerned would rather perish than ask any thing inconsistent with the Honour or Safety of the King and Kingdome and they should forseit their owne judgement and reason to Imagine that the King would put His Subjects into a worse condition than the Treaties of Oliver and Richard the Usurpers had left them or that the Commissioners appointed in this Treaty should allow the Preamble lately sent to the Dutch Embassadors to incert before the Articles newly started contrary to the Instructions of the 10. of May last intending by general words to make voyd all private Actions depending between the Subjects of England and the People of the United Provinces opposite to the Law of Nations and all Common Right The King was graciously pleased to promise that he would not insist upon Commissioners for Damages of His Subjects in Europe before 1654. or in the East-Indies before 1659. but leave them to other Remedies But in this extraordinary Case of Oppression and Injustice the King recommended it to the States General for their Examination and if we should now accept of 85000 Gilders with Interest in full satisfaction for such great Damages so highly disputed by the Kings command and most precise Orders of the Councel-board It were not onely to admit of the Companies silent Reasons for Taking the Ships but equally to betray the Dignity of the King and His Crown the Strength and Courage of His Subjects and the Justice of our Case which we cannot do for consequence sake being ready for Judgement in a way of State at the Hague and some of the Company willing to give Satisfaction in this our Case as the States shall appoint The Holland Interest is Trade and their Business to Discourage all others but themselves When they are called to Accompt for Violencies and Robberies committed at Sea their Pensioners or Statesmen give ill language and would insinuate to the King that it obstructs the good Intelligence held between the Crown of England and the States of Holland whereupon they have taken great advantages and by those mistakes have been further encouraged to proceed in their wicked practises knowing that to Implead them in their own Courts of Judicature would but add Mischief to Misery being both Parties and Judges themselves Yet if they lose but a Herring-boat the whole Province is concerned to recover it or satisfaction They are a Generation made proud and insolent by the condiscention of Princes and so much the more considerable in the World as the King of Great Britain is pleased to grant them in Treaties and Alliances They are men not to be obliged by Kindness the Soveraignty being in the Common people who are altogether insensible of Honour living upon the spoils of Nations and growing rich by the vanity sloth and excess of their Neighbours My Lords Admit the King should refuse to Treat without
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
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
of parties and expedients such as his Majesty thought might be satisfactory to his Catholick Majesty among which though as aforesaid his Majesty was no way ingaged in that Affair his Majesty hath even gone so far therein as to be willing to deprive himself of the principal fruit of the happinesse and successe his Arms have had during the course of a long War offering besides the places his Majesty doth now restore by the present Treaty unto his Catholick Majesty to restore yet unto him all the rest of the Conquests generally made by his Arms during this War and wholly to restore the Prince of Conde Provided and upon that condition that the affairs of the Kingdome of Portugal should be left as they are now which his Catholick Majesty having refused to accept but only offering that in consideration of the mighty Offices of the said Lord the most Christian King he would give his consent for setting all things in the said Kingdom of Portugal in the same state they were afore the change arrived there in the Moneth of December in the year 1640. pardoning and giving a general Amnesty for all what is past and granting the reestablishment into all Estates Honors and Dignities to all such without distinction of persons as returning under the obedience of his Catholick Majesty shall put themselves again in posture to enjoy the effect of the present peace At length in consideration of the peace and considering the absolute necessity his said most Christian Majesty hath been in to perpetuate the War by breaking off the present Treaty which his Majesty found to be unavoidable in case he would have any longer insisted upon the obtaining upon that affair of his Catholick Majesty other conditions then such as he offered as aforesaid And his said most Christian Majesty willing to prefer as it ought to be and is most just the general quietnesse of Christendom to the particular interest of the Kingdom of Portugal for whose advantage and in whose behalf his said Majesty hath never omitted any thing of what depended of him and did lie in his power even to the making of such great offers as aforesaid It hath been at length concluded and agreed between the said Lords and Kings that there shall be granted unto his most Christian Majesty a space of three moneths time to begin from the day of the exchanging of the Ratifications of the present Treaty during which his said Majesty may send into the said Kingdome of Portugal to endevour so to dispose things there and to reduce and compose that affair that his Catholick Majesty may remain fully satisfied Which three months being expired if his said most Christian Majesties cares and offices have not had the desired effect his said Majesty will no further meddle with that affair and doth oblige and engage himself and promise upon his Honour and in the word of a King for himself and his successors not to give unto the said Kingdom of Portugal either in general or to any person or persons in particular of what dignity state condition or quality soever they be now or hereafter any help or assistance publick or secret directly or indirectly of Men Arms Ammunitions Victuals Ships or Money upon any pretence nor any other thing whatsoever by Sea or by Land nor in any other manner As also not to suffer any levies to be made in any parts of his Kingdoms and Dominions nor to grant passage to any that might come from other States to the assistance of the said Kingdom of Portugal The King of France and Spain interposing with the Pope on the behalf of the Duke of Parma for discharging the Debts due to the Apostolical Chamber Art C. The two Lords and Kings upon the like consideration of plucking up the seeds of all differences that might trouble the peace of Italy have alse concluded that they will jointly interpose sincerely and pressingly their Offices and Supplications towards our holy Father the Pope until they may have obtained of his Holinesse the grace which their Majesties have so often demanded of him singly in the behalf of the Duke of Parma that he may have power to discharge at several convenient intervals of time the debt he hath contracted to the Apostolical Chamber by like intervals and that by that means and with tho engaging or alienating of part of his Dominions of Castro and Roneiglionâ— he may find such monies as are necessary unto him for the preservation of the rest of his Dominions The which their Majesties do hope of the goodnesse of his Holinesse no less by the desire he will have to prevent all occasions of discord in Christendome then by his disposition to Favour a House so well meriting of the Holy Apostolical See The chief Allies comprehended in this Treaty on the French Part. Art CXXII Besides the Duke of Savoy the Duke of Modena and the Prince of Monaco who as Allies of France are of the chiefest Contractors in this Treaty as aforesaid by the common consent of the said Lords the most Christian and Catholick shall be comprehended in this Peace and Alliance if they will be comprehended therein on his most Christian Majesties part first Our Holy Father the Pope the Holy Apostolical See the Electors and other Princes of the Empire Allies and Confederates with his Majesty for the maintaining of the Peace of Munster viz. the three Electors of Mentz Colen and the Count Palatine of the Rhine the Duke of Newburg the Dukes Auguste Christiane Lewis and George William of Brunswick and Luneburg the Landgrave of Hessen-Cassel and the Landgrave of Darmstat the Duke and the Seigniory of Venice and the Thirteen Cantons of the League of Switzerland and their Allies and Confederates and all other Kings Potentates Princes and States Towns and particular persons to whom his most Christian Majesty upon a decent requisition made by them for it will grant on his part to be comprehended in this Treaty and will name them within a year after the publication of the Peace unto his Catholick Majesty by a particular declaration to enjoy the benefit of the said Peace both by the aforenamed and by such as his Majesty shall name within the said time their Majesties giving their Declaratory and Obligatory Letters required in such case respectively and the whole with an expresse Declaration that the said Catholick King shall not have power directly nor indirectly to molest by himself or by others any of those who on the said Lord the most Christian Kings part have been above or hereafter shall be comprehended by a particular Declaration and that if the Lord the Catholick King hath any pretensions against him he shall onely have power to prosecute him by right before competent Judges and not by force in what manner soever it may be The Allies on the Spanish Accompt CXXIII And on the said Lord the Catholick Kings part shall be comprehended in this Treaty if they will therein be comprehended our
holy Father the Pope the Apostolical See the Emperor of the Romans all the Archdukes of Austria and all the Kings Princes Republicks States and particular Persons who as Allies of this Crown were named in the Treaty of Peace made at Vervins 1598. and who shall have preserved and do at this day preserve themselves in that Alliance To whom are added now the United Provinces of the Low Countries and the Duke of Guastale as also shall be comprehended all such others as by common consent of the said Lords and Kings shall be named within a year after the publication of the present Treaty to whom as also to the aforenamed if they desire it in particular Letters of Nomination respectively Obligatory shall be given to enjoy the benefit of the said Peace and with expresse Declaration That the said Lord the most Christian King shall not have power directly nor indirectly by himself or by others to molest any of them And if he hath any pretensions against them he shall have power only to prosecute them by Right before competent Tudges and not by Force Mr. John Darrel 's deposition before one of the Masters of Chancery concerning the Dutch Agreement with the Portugals in 1644. IOhn Darrell of the Parish of St. Giles Criplegate in London Merchant Aged about Sixty and six years deposeth and saith That he the said John Darrell was at Goa a Portugal City in East-India in the imployment and service of William Courten Esq in the Month of January 1644. old Sile and that on the 25. day of the said month being Saturday a Dutch Ship bound from Surrat to Batavia came and Anchored without in the road of Goa and that four or five Dutch-men came then a shore to the English or Factory there and related to Mr. Courten's Agent John Farren and to this Deponent that upon an Agreement made between the Dutch and the Viceroy of Goa they were to pay unto the Portugalls the summe of One hundred thousand Rials of Eight Spanish for satisfaction of the Portugal goods taken in the Ship Bona Esperanza bound for Maccao in the Imployment of Mr. Courten and others and that twenty thousand of the said Royals should be detained for Mr. Courten towards his damages although it were not so expressed or agreed And this deponent further saith that on the next day being Sunday and the 26. of January one Senior Vanderstell being chief of the Dutch Factory at Vingerly neer Goa with three others and a Churchman came to the said City of Goa and visited the said John Farren and this Deponent at the English house there and brought with them Fifty thousand of the said Rials to pay unto the said Portugal Merchants according to the agreement with the Viceroy aforesaid and said moreover that they had Order from the Governour and Councel of Batavia to defalk and detain Twenty thousand Rials towards satisfaction of the English interessed in the Bona Esperanza and that they had likewise order to present Mr. Farren Mr. Courten's Agent with a considerable summe of money to procure an accommodation and composure of the difference with the persons interessed in the same but further cannot depose John Darrell Sworn this 14 of March 1661. before Sir Nathaniel Hobart one of His Majesties Masters of Chancery in the 14. Year of the Reign of King Charles the Second Nat. Hobart The Deposition of Tho. Newman Merchant taken upon Oath the 28. of January 1662. before Sir Walter Littleton Knight Dr. of Laws and one of the Masters in Chancery THomas Newman of the Parish of St. Botolph Aldgate in London Merchant Aged Forty seven years or thereabouts maketh Oath that he the said Deponent was Cape-Merchant and Factor of the Cargazone in the Ship Bona Esperanza belonging to Mr. William Courten late of London Merchant and others And that he this deponent in the year of our Lord 1643. making a Trading Voyage from Goa to Maccao was violently taken by the Dutch East-India Companeys Ministers in the Straits of Malacca to his own particular damage at that time the Sum of 1400 l. sterling and saith that to his own knowledge the several Depositions of Robert Gray Andrew Wetton Francis Hill Richard Smith Richard Wheeler William Page and Thomas Lamberton since deceased are all in substance true he the said Deponent being an eye-witnesse thereof and long acquainted with the trade of India and parts adjacent and this Deponent saith that after the Dutch Men of VVar had violently seised the said Ship murthered the Master and several of the Mariners wounded eleven others and taken both the Portugals and English goods out of her being a good new Ship and well built took the said Ship with the Guns Ammunition and Provision to Goa to the rest of their Fleet and carried him this Deponent with Captain William Gurley Captain of the said ship and the Mariners to Malacca where they were all detained Prisoners for the space of six months and very inhumanely used and afterwards sent to Batavia and this Deponent saith that Captain Gurley with grief for his losses and ill usage as he was bound for England in the year 1644. died in a Dutch ship called the Whale Fish whereof the Heere Caune was Commander who sold all his Clothes and some Jewels that he had at the Main Mast amongst the rest he this Deponent offered 250 Gilders for a Diamond Ring but could not have the same which were all converted to the use of the said Caune as this Deponent believeth And this deponent further saith That as to the 2750. l. sterling left at Maccao in a former voyage being to remain upon agreement there for the space of three years for several privileges granted in Ports and Trade and provided that if Mr. Courten and Company sent any other Ship and Merchandizes thither within that time then the said 2750 l. should be paid to the said Courten in China goods at price currant otherwise the said money to be lost And this Deponent saith that he this Deponent and Captain Gurley received Orders and Instructions from John Farren President for Mr. Courten at Goa concerning the same to act therein accordingly but the Dutch having taken away all their Chests with Papers and Writings and disappointed them of their Voyage whereby the said money was lost And this deponent saith that by reason of the said spoils and violence committed by the Dutch Mr. Courten's Factories at Atcheene Batacalla Rajapore Goa Carwer and Vizapore were disappointed of relief and reputation whereby they were forced to sell off what they had for their own subsistance But as to the particular damages of the 72000 l. sterling of Mr. Coutten and Company in the loss of their Goods and the intended voyage to Maccao as aforesaid he this Deponent referreth himself to the depositions taken in his Majesties High Court of Admiralty as aforesaid Thomas Newman Mense Januar. 28. Anno 1662. Jurat coram me Walter Littleton Milit. Legum Doctor uno Cancelar
Courten en ce Pais Nous ne pouvons sans faire tort a la Memoire du feu Roy alleguer les lettres de la Maison des Seigneurs d' Angleterre qui confirment ce que nous Venous de dire mais nous croyons y devoir adjouster que ledit Paul Pindar ayant pū se refoudre en l'an 1651. afaire adjourner par devant les Eschevins de la Ville d' Amsterdam les Directeurs de la Compagnie des Indes Crientales en la Chambre de la mesme Ville et a conclurre a ce qu'ils fussent condamnés a luy payer la susdite somme quatrevingt cincq mille livres tournois Il n'a pas continué ces procedures quand il a esté informé de choses cy dessus mentionnées et il ne se trouvera point que depuis ce temps lá il ait fait aucunes poursuites en ce Pais Ce qui est une preuve invincible de l'Injustice de ses pretensions et nous fait esperer que Vostre Majestie ne laissera pas impunie l'audace de ceux qui par des plaintes injuri euses et mal fondées pourroyent troubler la bonne correspondence que nous pretendous cultiver tousjours de nostre costé entre Vos suiets et les nostres Nous esperons aussii que Vostre Majestie connoistra en ce que nous venons de dire l'equité de nostre procedé et lasincerite de nos intentions a entretenir religieusement l'amitié qui jusques icy a esté si utile al'un et a l'autre Estat et a meriter l'affection qu'il a plu a Vostre Majestié nous tesmoigner Nous nous en promettons les effects et cependant nous prions Dieu SIRE De combler le Regue de Vostre Majesté de felicité et benir Vostre Personne Royale de santé et de tres longue Vie A la Haye le 22. Juin 1662. De Vostre Majestiê Bien humbles Serviteurs Les Estats Generaux des Provinces Unies des Pais Bas. Josan van Schriecket Par ordonnance d'iceux J. SPRONSSEN The Translation of the States Letter to the King June 22. 1662. WE did write to your Majesty some eight dayes agoe in relation to a businesse whereto we Exspect your answer so much the more favourable as the proceedings of the Admirall Court at London of which we complained entrencheth equally upon the law of Nations and the Soveraignty of your Crown now we find our selves obliged to write to you of a businesse of less importance in effect but whereof the consequences may prove so troublesome that they Invite us to prevent them by a necessary clearing thereof for the preserving of a good Intelligence betwixt your Kingdomes and our Provinces It pleased your Majesty by your letter of the 21. of March last which we received the 20. of April after to presse us to give satisfaction to the Interessed persons in the Two Ships called La Bonne Esperance and Henry Bonaventure whereof the one was taken Anno 1643. by two Ships of the East-India Company of this Countrey in the Straits of Mallacca and the other about the same time struck upon the Coast of the Isle Mauritius where the people of that same India Company made their benefit of the goods that were saved We are not to justifie the proceedings of that Company in that Encounter but we cannot but complain of the boldnesse of those who are so impudent as to importune your Majesty and to crave your Intercession in a business that is not only so inveterated and overgrown with years but also such as we cannot with honour condiscend to nor they with a good conscience demand That which past in the Treaties of Anno 1654. and 1659. having Extinguish'd and mortified all pretensions of that nature so that we might serve our selves therewith as with a General reason against all such demands and justly be dispenced with from giving any more perticular accompt of that your Majesty recommends to Us yet we will inform your Majesty most particularly of the true state of that businesse Provided that your Majesty permit us to Protest that we cannot ingage our selves to make a new research of things concluded by former Treaties and that shall only be for this one time and to crave justice to be done upon those that have abused both your Majesties goodnesse and our patience in ripping out of the grave as we may say a businesse the Memory whereof ought long agoe to have been abolish'd we shall not inlarge our selves upon the reasons which that Company might have had to take the Ship La Bonne Esperanza and to make their benefit of the Ship-wrack of the Henry Bonadventure being abandoned by the English Master and Mariners we shall content our selves to answer to those Allegations which the pretended Interessed have used to surprize your Majesties goodnesse to move you to recommend to us their so ill-grounded interests we will believe that the Interessed in these two Ships did very great service to the late King of glorious memory but they say more then truth when they would make beleive that these services hindered them to crave reparation in the Usurpers time for we can make it appear and have sent the convincing Proofes to your extraordinary envoy that they were so far from daring to do it that they gave in their demands in Writing to the Commissioners established Anno 1654. under the name of William Toombes as executor of the Testament of Paul Pyndar in whose behalf the suit is now renewed which was extended then to the sum of 72546. sterl It was not necessary that the said Commissioners should have then decided that difference because it was already decded by an amicable Transaction betwixt the parties for the sum of 85000. Livers Turnois which the said Company really paid though the Interessed seem to presuppose that Jacob Pergens and David Goubart who made this Transaction were not qualified to do it but we have by us have communicated to your extraordinary Envoy such evident Proofs on the contrary that the Sun is not more Cleer at Mid-day Goubart was Owner of a part of the Bonne Esperanze and was impowred by all others that were Owners thereof and in this quality William Courten hyred her from him and fraughted her and made a legal procuration of his Interest to Jacob Pergens Those that now renew their ill-grounded suit can not deny it nor controlle the Authentique Acts and Deeds past as the Procuration the Transport the Assurances the Orders and Discharges which are produced Therefore they have advised to say that William Courten had not power then to give a Procuration in prejudice of the Deed of Conveyance which he made of all his right in these Ships to Paul Pindar in December 1642 But we oppose this new forgery by the expresse Letters and Declarations of the Late King your Father of Immortall memory who writing to
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