Merchandizes were not delivered to the said De la Garde nor to his Assurers to whose use he had made over the profit of the same And also that by the long seizure and other mischances that happened thereupon their value was diminished by one quarter Whereas on the contrary if the said English ship had not done them this Injury there had been got at least 30. per cent so that the said Complainant doth believe that he may demand to be Indemnified The same De la Garde doth complain that one of his ships called the Golden Fortune Francis Johnson of Amsterdam Pretense Art 36. Master was taken in July 1655. and carried to Poully by Captain Green being then in Commission and under Oath to the State of England and forasmuch as the said De la Garde did make it evidently to appear that when the said ship was taken and reclaimed the propriety was solely in himself and that the said Captain had extreamly abused his Commission by vertue of which he could not Arm himself but against the Subjects of the King of France The said High Court of Admiralty by their sentence of the 28. of July 1655. did not onely decree a full release of the said ship but did also order That the said Henry Green and all others should restore the said ship with her appertinences without any reserve and also to pay to the Owners the freight which the Master of the said ship was to have had for the carriage of the said Goods that were found aboard her and taken by the said Henry Green And though according to the said sentence the said restitution ought to have been effective and the payment made yet so it is that the said freight was not paid nor the ship restored until they had taken away and pillaged more of what did belong to her The same person doth further complain Pretense Art 37. That in August 1655. one of his ships named the St. James Peter Johnson of Amsterdam Master returning from the Maderas toward Amsterdam was assaulted taken and carried to Dover by an English Captain Edward Goodwin by vertue of a Commission from England That the High Court of Admiralty being duly informed of the injustice of the Prize did give release to the said ship and by a sentence of the 28. of November 1655. ordered the said Edward Goodwin to make speedy and full restitution which was not done and the said De la Garde did not enjoy the effect of the said sentence but onely in part the restitution having been made by little and little in four Moneths time and therefore he demands his damages To the 34 35 36 and 37. Articles Answ to 34 35 36. 37. Art The complaints therein contained are to be answered as to the complaints of Van Hulten set forth in the 21 Article viz. that there is no complaint entered in the Admiralty that can be found whereas not onely complaint ought to have been made but likewise proof of the Truth of such complaint which being not done there can be no cause of Complaint now made of the want of Justice himself not prosecuting any farther to have the said Sentence put in due Execution Nor can they make any Demand here in regard the ship was taken in the time when there was Hostility between France and Cromwell and the said L'Guard being a French-man Godfrey Wassemburgh dwelling at Amsterdam Pretense Art 38. complains that an English ship commanded by Captain Christopher Mennys did in the Year 1658. near the Barbadoes take the ship called the Charity which he carried with her lading to Jamaica where he caused the said Goods by Order of the Admiralty of England residing in that Island to be discharged and amongst the rest two Cases of fine Linnen belonging to the said Wassemburgh And further that since Oliver Cromwell who took upon him at that time the Stile of Protectour of England knowing that the said ship the Charity was an English Vessel set out by English Merchants some living at London and others in this Country to whom the Trade of Barbadees was not forbidden did declare that the said ship and goods in her were free so that a good part of the said Merchandizes was restord to the owners Nevertheless the said Wassemburgh could never obtain restitution of those two Cases of fine Linnen To the 38. Article Answ 38. We Answer That it is true that Captain Mennys did take such a ship which was afterwards restored entire as it was brought in save only what might be plundered by the Seamen which no care can prevent but by the Act of Navigation the whole ship and goods ought to have been Confiscated but the Intention of the Law was deluded by some English Men pretending a Propriety in the goods who never since made any demand of the goods mentioned in this Article John Van Wickford and his Associates Pretense Art 39. do complain that one of their ships called Campen was attacqued taken and carried to Jamaica by Three English Fregats and that the said ship was since released after it was known that it was not laden with any goods of Contrabanda But in the mean while there was taken out of her a Quantity of goods and by reason of this stop the ship could not accomplish her Voyage for which they demand Satisfaction To this 39. Article Answ 39. we Answer as to the Preceding Complaint William Van Meekerel and his Associates Pretense Art 40. Proprietours of the ship called the Peace and of her Cargazon do complain that on the 26 of Feb. 1655. the said ship having taken in some Slaves upon the Coast of Guyne and that she had put them off for Sugars at the Barbadoes where she had also traded for Elephants Teeth and other Merchandize was attacqued upon the open Seas and carried to the Barbadoes by a Parliament Vessel of England of the Squadron of Admiral Penn. And although the Interressed made their Complaint and represented the Injuries and Wrongs that had been done them unto Cromwell which Complaints were from time to time seconded by the continual Instances of the Embassadours by Order from the States yet so it is that they could never obtain any satisfaction neither for ship nor goods for which they now demand it To the 40. Article we Answer That the said ship Answ 40. the Peace was taken as trading contrary to the Act for Navigation and according to the practise of the Holland West India Company who constantly give Letters of Mart to all their ships to take Vessels that trade to any of their Plantations Abraham and John Clawsen Ritsert Merchants Pretense Art 41. dwelling at Rotterdam do represent that the ships Red Lion and Golden Port upon each of which they had Ensured 2000 Florens departing from Bourdeaux in May 1661. and arriving at New found Land the 14. of June following were there taken by an English ship of War called the Jersey
fifth sixth Answer 5 6 7. and seventh Articles we think it sufficient for Answer that if their being conscious to Themselves of the injuries done by Them to the Subjects of This Kingdom and yet not honest enough to be willing to make legal satisfaction does fright them from passing with their Ships through the Channel lest they might fall within the Virge of the Law they may Themselves blame their own unreasonable fears but yet to shew the world how unreasonably they would ground a pretense of satisfaction from Vs for their own unjust Jealousies We desire it may be noted that all that they complain of was an attempt of a Legal Proceeding against the two Ships the Henrietta Louisia and L' Estourneau one of which was never Touched with an Arrest and the other released as soon as it was requested During the War that those of Bantam have begun against the said Company Pretense Art 8. against all equity and reason with so much perfidiousness that even the English have been obliged to avouch and testifie as much by their Letters the said Company had no other means to oppose themselves to it and to do them hurt then by keeping their Harbour and City surrounded and besieged with a Fleet of Men of War and to hinder their Trade and that there should not go in or out the Merchandizes and Provisions they might have need of thereby to disturb them so that they might be constrain'd to submit to reason or else to weaken them so much that causing their Forces to draw neer and assaulting them vigorously on the Land-side they might be utterly vanquished thereby and wholly subjected The Experience and Event having also made it known that they have been so much humbled thereby that they have been forc'd to come to desire peace as with joyned hands But the English who by virtue of the Treaty made with them by this State were obliged to be helpers to the Company of these Countries in this Encounter so much the more that it was They that were set upon and that only by an aversion and irrreconcileable hatred whereof the Moors are prepossessed against all Christians in lieu of helping them have lost no opportunity to oppose themselves to our designs and have endeavoured with their Ships to procure the Harbour free and to make them lose the Benefit of a siege which had cost them so much trouble and charges and in Consequence to cause the said Company to be consumed by those means because That hath been the cause that not only the said War and Siege have endured far longer then they should otherwise have done which hath caused great prejudice to the said Company and hath much vexed it but also that they have been obliged to hinder the English to obtain their end to have the said Road surrounded and besieged by a greater number of Ships and those bigger then otherwise they should have needed to employ so that besides the other delays hinderances and prejudice caused to the said Company for that cause in other occasions they have been obliged to be at a very great charge and have been very much incommodated with other Expences To the eighth Answer 8. We say it ought not to come in consideration at all because no time is assigned of the fact nor any person or Ships named nor have we knowledge of any thing but our sufferings during the time that some of their Ships lay before Bantam unless they will call it a crime that we endeavoured amicably to obtain from them the just liberty of Trade which the Law of Nations allows and they denyed us And we can guess at no other ground of that War unless it were to force the King of Bantam to a Contract to exclude us The English know that the abovesaid Company have ever treated with the Queen of Acheen Pretense Art 9. as well for the Tynn which is bought at Perager as principally for the Pepper which grows in the Western Coast of the Island of Sumatra by which Treaty the said Pepper is to be all delivered at a certain Rate whereof there is an agreement made with the said Company to the exclusion of any other Nations as the Company is likewise obliged on their side to go fetch all the Pepper at the said rate The English have heretofore made such Contracts as well joyntly with the said Company as by themselves with several of the Indians for it doth appear by the Agreement made in the year 1619 betwixt the two East-India Companies of England and that of the Low-Countries for the re-establishing of the Affairs of Bantam by the Approbation and Authority of the King of Great Britain and of the States That there had been then such a Contract made with the King of Acheen by the which it was also agreed how and in what manner both the Companies could joyntly make such a Contract with the King of Bantam for the Pepper which groweth in his Country and the same to the express and formal exclusion of all other Nations as well Indians as Europeans who would trade therewith The which was accordingly perform'd and practised And although for That reason the English were obliged not to trouble the Company of the Low-Countries in performance of the Agreements made which do as yet remain in force they have however always endeavoured to frustrate the said Company of the Benefit of the said Contract by indirect ways and evil means in corrupting the Inhabitants of that Country in obliging them to sell them the Tynn and the Pepper by the greater Price or Rate which they caused to be offered them from time to time without taking any notice of the protests made by the said Company or their Agents against such proceedings so far that the said Company not able to forbear any longer was forced for the observation and execution of the said Contracts to take up Arms to bring those men to their Duties by meer strength they having been taken off by the ill practices and cunning ways of the English The peace was not so soon renewed with the said Queen as also the old Contracts but the English came in with their Ships with a design to disappoint also the abovesaid Company of that Pepper if they could have done it so that the English have been the movers and given occasion not only for the said War which the said Company was forc'd to make against the Kingdom of Acheen with so excessive charges but also by the sleights they have made of their protests they have obliged the Company to keep there continually a number of Ships to hinder the Inhabitants to sell their Tynn and Pepper to the English by hidden and indirect ways and frustrate thereby the Company of the Low-Countries which hath caused a very considerable prejudice and damage to the said Company which doth conceive it self to have a right of demanding reparation thereof from the English Company In the third place the
that upon the 29 of November Preten Art 16. 1659. one of their Ships named the St. John coming from Guyne laden with a considerable number of Slaves was put on shore near the said Island of Curaso and that those of Curaso sending one of the Barques of the said Company to save the said Slaves named the Ostridge while the men were labouring to transport them from the Ship to the Barque there came upon them an English Fregat called the Castle Fregat of which John Peterson du Caldican was Captain who did not onely hinder them from their designe but fell upon them by force and made himself Master of them and took away 84 blaves as a lawful Prize and carried them to Jamaica To the 16. Ans 16. Article it is Answered That about the time in the said Article mentioned there was a Dutch man named Peterson who brought in a boat with 6 or 7 Negroes to Jamaica having disposed of more as he said and alleadging great scarcity of provisions did sell the Negroes to the Inhabitants of Jamaica and being examined how he came by them did aver that he took them at Sea as a Wrack and the Carpenter and others of the Ship so wracked did justify the same All which depositions were sent to the Governour of Curasso by Col. Doyly The Directors of the said West-India-Company do complain Preten Art 17. that upon the 12 of March 1660. the Agents that they had at Cabo Verde were hindered by five English Ships from Trading there as they had customarily done which frustrated them of very great advantages and profits and yet notwithstanding they remain charged with the Entertainment of their Officers and People both Military and others as also other Forts Lodges Ships and what depends on them To the 17. Ans 17. Article it is Answered That this Article is so general that no particular Answer can be made unto it it making no particular mention of any violence done nor to whom except in that general word of the Complaynants Agents at Capo de Verde And all that can be said is that some Ships in which the Royal Company had an Interest did about that time pass to the River Gambia but we never heard of any the least violence or injury they did offer to any persons or Ships in their passage thither And when that complaint shall be so cloathed with circumstance that we can have any particular to six upon an Answer shall be made thereunto In pursuit of this pretence Preten Art 18. the said Company complain again that the same English after they had thus abused them went to the River of Gambia where they dispossest the Ministers of the Company with violence and force and took all so as that people were constrained to abandon all the Forts Lodges Houses and all that the Company possest And for as much as since that time the Company hath not been able to Trade they alledge that the Damage they have suffered by reason hereof ought to be sufficiently repaired To the 18. Article it is Answered Ans 18. That it is much of the like nature for it runs all in general words without naming any Fort or Lodg to which the Dutch Nation have any claim as we believe will most evidently appear when the Dutch shall descend to a particular naming of any Fort or Lodge which we have cause to think they avoid lest the grossness of the allegation should be too notorious The same Company do further represent that in Aug. 1660. Preten Art 19. one of their Ships called the Peacock being at Sea near the Island of Aruba was set upon with force by an Englishman of War and his Complices who brake open the Coffers and Chests and took away what they thought fit and did very much hurt and outrage as declared Enemies to the Company of that Ship and therefore they do declare that they may lawfully demand restitution for the violences done to them To the 19. Article we Answer Ans 19. That the Man of War which the complaynants say took their Ship is not named therefore we cannot Answer but we know that about the time mentioned in this Article there was a Dutch Ship taken about Aruba by Capt. Mynges which as it appears to the Admiralty was in the service and pay of the Spaniard then in hostility with the English and had shot at Captain Mynges and furnished the Spaniard with Ammunition and had Spaniards aboard and therefore legally condemned by the said Court of Admiralty About the end of the year 1660. Preten Art 20. to wit the 25 of December one of their Ships named the St. Peter being at Anchor in the South-Bay near the Isle of Cuba in the West-Indies was not onely pillaged to the loss of her Merchandizes her Cargazon and all the Vtensils of the Ship by an Englishman of War called the Pearl N. Freeborn Captain and that in the presence and sight of another English Ship of which Richard Reesby was Commander with a Commission of his Majesties of England but also the people of the said Ship were treated in a horrible and indeed barbarous manner for among other cruelties which they exercised they put a Cord about the Neck of the Masters Mate and hung him up in that condition till the blood came out at his Nose and Ears so that the Cord was then cut thinking he had been dead after which they put burning Matches to his Fingers until they had consumed the flesh to the bones and in fine constrained the Master and Factor of the said Ship as well by the sad spectacle as by horrible threats to pass and signe an Act obliging them to approve of all these insolent and inhumane actions and to avow that the Ship was fair Prize with all her Lading To the 20. Ans 20. Article we Answer That it is true that one Freeborn a pyrate who had no Commission but had formerly been in service of the Spaniard and is since taken by them and hang'd for his pyracy at Cuba did plunder such a Ship as is mentioned in the said Article but coming to Jamaica the then Governour Colonel Doyly apprehended him and five others of his Company as pyrates and sent them in Irons to London with a charge against them and secured the rest of the pyrates-company at Jamaica and gave a Dutch-Master 50 li. to go to England and prosecute the said pyrates and promised them passage in the Diamond Fregat but for want of prosecution the pyrates after 6 months imprisonment in England were discharged and Col. Doyly restored the Ship and all that remained by her and furnished her with what she wanted to enable her to sail out of the Kings stores and what small remainder of goods were found belonging to her Cargo the Colonel tendred the Master to be freely restored to him but he refused to accept of them and there was never any demand made of them since and