Archidux omnes singulas obligationes modo forma praemissis conceptas 15 die Maij praedicto in Ecclesia praedicta deputato vel deputatis ejusdem Regis tradet deliberabit aut tradi deliberari faciet One and Twenty Select Articles of the Treaty of Peace between the Crowns of France and Spain concluded and Signed upon the Confines of the Pyrenean Mountains the 7 th of November 1659. Translated from the Original That all Enmity or Misunderstanding shall be forgotten by either parties upon occasion of the present Wars Art IV. ALL occasions of enmity or misunderstanding shall remain extinguished and for ever abolished and whatsoever hath been done or hath happened upon occasion of the present Wars or during the same shall be put into perpetual oblivion so that for the future of neither side neither directly nor indirectly shall any inquiry be made for the same by Justice or otherwise under any pretence whatsoever nor shall their Majesties or their Subjects Servants or Adherents of either side shew any manner of remembrance of any offences or damages suffered during the War That the Subjects of both sides shall have liberty to trade in one anothers Countries without any Lets or molestations Art V. By means of this Peace and strict amity the Subjects of both sides whatsoever shall have liberty they observing the Laws and Customes of the Countrey to goe to and fro to dwell trad and return into one anothers Countrey Merchandizing or as they shall think best both by Land and by Sea or any other Fresh waters to treat and trade together and the Subjects of the one shall be maintained and protected in the others Countreys as their own Subjects paying reasonably the Duties in all accustomed places and such others as by their Majesties and their Successors shall be imposed Priviledges mutually granted in each others Dominions Art VI The Towns Subjects Merchants and Inhabitants of the Kingdoms Dominions Provinces and Countreys belonging to the most Christian King shall enjoy the same Priviledges Franchises Liberties and Sureties in the Kingdome of Spain and other Kingdoms and Dominions belonging to the Catholick King as the English have by right enjoyed by the last Treaties made between the two Crowns of Spain and England and no greater Duties or Impositions shall be exacted of the French and other of the most Christian Kings Subjects either in Spain or any where else within the Lands or other places of the Catholick Kings obedience then have been paid by the English before the breach or then are paid at this time by the Inhabitants of the United Provinces of the Netherlands or any other strangers that shall be there the more favourably intreated The same shall be done within the whole extent of the obedience of the said Lord the most Christian King unto all the Subjects of the said Lord the Catholick King of what Countrey or Nation soever they be The penalty of transporting prohibited goods Art VII In consequence of this if the French or any other of his most Christian Majesties Subjects are found in the said Kingdoms of Spain or upon the Coasts thereof to have shipped or caused to be shipped upon their Vessels in what manner soever it may be any prohibited goods to transport them out of the said Kingdomes the penalty shall not extend further then hath been heretofore practised in such cases towards the English or then it is at this time practised towards the Hollanders in consequence of the Treaties made with England or the United Provinces and all Inquiries or Processes hitherto made about the same shall remain null and be extinguished The same shall be observed towards the Towns Subjects and Inhabitants of the Kingdoms and Lands belonging to the said Lord the Catholick King who shall enjoy the same Priviledges Franchises and Liberties throughout all the Dominions of the said Lord the most Christian King The form and manner of exhibiting Passes and Dockets as to the Spanish Ships Art XIV That the Ships and Barques with the Merchandizes belonging to the Subjects of the Lord the most Christian King being come into any Haven of the Lord Catholick King where they used to come and trade before the present War and being willing from thence to pass unto the Ports belonging to the said Enemies they shall onely be bound to shew to the Officers of the Spanish Port or of any other of the said Lord and Kings Dominions from whence they are to go their Passes containing the specification of the lading of their Ships attested and marked with the ordinary hand and seal and acknowledged by the Officers of the Admiralty of the places from whence they came first with the Declaration of the place for which they are bound the whole in the Ordinary and accustomed Form After which exhibiting of their Passes in the form aforesaid they shall not be disturbed or molested detained nor retarded in their voyages under any pretence whatsoever Passes as to the French Ships Art XV. The same shall be done as to the French Ships and Barques that shall go into any Roads of the Catholick Kings Dominion where they used to trade before the present War and shall be unwilling to enter into the Harbours or being entred there yet will not unlade or break Bulk who shall not be obliged to give any account of their lading but only in case of suspition that they are carrying any contrebanda-Goods unto the enemies of the said Lord the Catholick King as aforesaid Passes to be shown upon great Suspicion Art XVI And in the said case of apparent suspition the said Subjects of the most Christian King shall be obliged to show in the Ports their Passes in the form above specified Passes to be shown to the Spanish by the French in the Roads or the open Sea Art XVII But if they be entered into the Roads or be met in open Sea by any of the said Lord the Catholick Kings ships or by private Men of War of his Subjects the said Spanish Ships to avoid all kind of disorder shall not come nearer to the French then the reach of the Canon and shall have power to send their cock boat or shallop aboard the said French Ships or Barques and cause two or three of their men only to go into them to whom shall the Passes be shewed by the Master or Patron of the French Ship in the manner aforesaid according unto the Form that shall be inserted at the end of this Treaty whereby it might appear not only of their lading but also of the place of their abode and residence and of the name both of the Master and Patron and of the Ship it self That by those two means it may be known whether they carry any prohibited goods and that it may sufficiently appear both of the quality of the said Ship and of its Master and Patron unto which Passes and Sea Letters full Faith and Credit shall be given And to the end their validity might
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
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
be the better known and that they might not in any wise be falsified and counterfeited there shall be given in certain marks and subscriptions of both the said Lords and Kings Contrabanda Merehandize confiscated Art XVIII And in case there be found in the said French Vessels and Barques by the means aforesaid any Merchandizes and Commodities before declared to be prohibited and contrebanda the same shall be unladen denounced and confiscated before the Judges of the Admiralty of Spain or any other Competent Judges yet for all that neither the Ship and Barque nor any other of the lawful and permitted goods Merchandizes and Commodities found therein shall in any wise be seized on or confiscated Free Trade and Commerce mutually enjoyed Art XX. All the Subjects of the said Lord the Catholick King shall mutually enjoy the same Rights Liberties and Immunities in their Trade and Commerce within the Ports Roads Seas and Dominions of his most Christian Majesty And what hath been abovesaid that the Subjects of the said Lord the most Christian King shall enjoy in his Catholick Majesties Ports â—â—â—n open Sea ought to be understood that the equality shall be mutual in all manner on both sides even in case hereafter the said Lord the Catholick King should happen to be at peace amity and neutrality with any Kings Princes and States that should become the Enemies of the said Lord the most Christian King each of both the parties being mutually to use the same conditions and restrictions expressed in the Articles of the present Treaty concerning the trade and commerce Further provision against Frauds and Inconveniencies in Trade and Commerce Art XXI In case of either side there happens any contravention to the said Articles touching the Commerce by the Officers of the Admiralty of either of the two Lords and Kings or any other person whatsoever the complaint thereof being addressed by the interessed Parties unto their Majesties themselves or their Councils for the Navy their said Majesties shall presently cause the damage to be repaired and all things to be executed in in the manner aforesaid And in case in progresse of times any frauds or inconveniences should be discovered touching the said Commerce and Navigation not sufficiently provided against by the aforesaid Articles new ones shall be added thereto of such other precautions as shall be thought convenient on both parts The present Treaty remaining yet in the mean while in its force and vigor Speedy Justice to be done to Foreigners Art XXII All Goods and Merchandizes arrested in either of the Kingdoms upon the Subjects of the said Lords and Kings at the time of the Declaration of War shall be uprightly and bonâ fide restored to the Owners in case they be found in esse at the day of the publication of the present Treaty And all Debts contracted before the War which upon the said day of the publication of the present Treaty shall be found not to have been actually paid unto others by vertue of Judgements given upon Letters of confiscation or Reprisal shall be bonâ fide acquitted and paid And upon the demands and persuits that shall be made about them the said Lords and Kings shall give order unto their Officers to render as good and speedy Justice unto the Foreigners as unto their own Subjects without any distinction of persons Actions to be tryed when they first begun or did arise Art XXIII The actions that have been heretofore or shall hereafter be intented before the Officers of the said Lords and Kings for Prises Spoils and Reprisals against such as are not Subjects to the Prince in whose jurisdiction the said actions shall have been intented or begun shall without any difficulty be returned before the Officers of the Prince whose Subjects the Defendants shall be Six Months time given in case of War to transport persons and goods Art XXIV And the better to secure for the future the Commerce and Amity between the Subjects of the said Lords and Kings for the greater advantage and commodity of their Kingdomes it hath been concluded and agreed That there hapning hereafter any breach betwixt the two Crowns which God forbid six months time shall alwayes be given to the Subjects on both sides to retire and transport their persons and goods where they shall please Which they shall be permitted to do with all liberty without any hinderance and during that time there shall be no seisure made of their said goods much less their persons arrested Advocates and Proctors to be Assistant to either party that retains them Art XXV The Inhabitants and Subjects of either side shall every where within the Lands of the obedience of the said Lords and Kings make use of such Advocates Proctors Notaries and Sollicitors as they shall please whereunto also they shall be committed by the ordinary Judges when need shall be and when the said Judges shall be desired so to do And it shall be lawful to the said Subjects and Inhabitants of both sides to keep in the places of their abode the Books of their trade and correspondence in such a Language as they shall like best either French Spanish Flemish or any other without falling thereby into any molestation or trouble Consuls appointed for Commerce in both Nations Art XXVI The said Lords and Kings shall have power for the commodity of their Subjects trading in one anothers Kingdoms and Dominions to settle some Consuls of the same Nation of their said Subjects who shall enjoy the Rights Liberties and Immunities belonging to their exercise and employment And that establishment shall be made in such places where with a mutual consent it shall be thought necessary Letters of Marque and Reprisal in case of injustice Art XXVII All Letters of Mart and Reprisals that may have been formerly granted for what cause soever shall be suspended and none shall be granted hereafter by either of the said Lords and Kings to the prejudice of the Subjects of the other unless in case of a manifest denial of Justice onely whereof and of the Summons made about the same such as shall sue for the said Letters shall be bound to bring good proofs according to the form and manner required by the Law Overtures made by the King of France concerning the Kingdome of Portugal Art LX. Although his most Christian Majesty hath never been willing to ingage himself notwithstanding the pressing instances made to him heretofore backed even with very considerable offers not to make the Peace without the exclusion of the Kingdom of Portugal because his Majesty hath foreseen and feared least such an Engagement might be an unsurmountable obstruction to the conclusion of the Peace and might consequently reduce the two Kings to the necessity of a perpetual War Yet his said most Christian Majesty wishing with an extreeme passion to see the Kingdome of Portugal injoy the same quietnesse which so many Christian States shall get by the present Treaty hath for that end proposed a good number
Fraud and Violence Discovered and Detected OR A REMONSTRANCE OF The Interessed in the Ships Bona Esperanza and Henry Bona Adventura of LONDON WITH A Narrative of the Proceedings in the CASE depending before the STATES GENERAL of the Seven United Provinces between the Assignes of William Courten and the East-India Company of the Netherlands ALSO Several Reasons and Arguments for the speedy decision of Differences by Amicable Conferences of State arising upon Depredations and Spoyls Fiat Justitia pereat Mundus By GEORGE CAREVV Armig. LONDON Printed by William Godbid for the persons concerned M. DC LXII An Introduction To the TREATISE GReat Adventures are accompanyed with Equal hazzards and advantages and men of noble principles rather take incouragement to improve their Countrey by lawful Enterprises than to sit still and suffer Penurie through fear and negligence The wisdome of all Ages provided safe Conducts for Merchants under the sanctuary and protection of Jus Gentium and National Treaties therefore they that suffer Injuries by the Insolent Subjects of Foraign States without seeking Satisfaction and Reparation answerable to the Damnum Emergens forfeit not onely their own Proprieties but betray both the Honour and Justice of their PRINCE and the Strength and Courage of His Subjects Felons by the Law of ENGLAND are not admitted Counsel or any Testimonies upon Oath for that such Criminal offences are contra Pacem Dignitatem Domini Regis c. and Murtherers are punished with Death by the Law of all Nations Trespasses according to their circumstances are considered in the Eye of the Law To strike a Peasant bears an Action but to strike a Peer bears a greater Robberies committed at noon-day in the open Roads are laid to the Countries charge for that Theives were harboured within the Jurisdiction of a Civil Government Among the Greeks if a Murtherer flew into any City for refuge they Apprehended three of the Inhabitants and kept them in safe custody until Justice were done upon the Offender To deny or delay Justice is Injustice and where there is a Persistency in it Grotius who was both a Divine and a Civil Lawyer says that Letters of Reprisal are consonant to Law and therein Nations as well as Persons are concerned The Sacred Scripture directs a threefold Restitution for Goods unjustly taken and the Church of Rome Excommunicates those that detain any thing from persons suffering by Distresse at Sea accounting it so Detestable a sin that they are Accursed and shall not obtain Remission until they have made full satisfaction Generous Spirits are obliged by Kindnesse being sensible of Honour and Gratitude but the Jewish generation of obstinate men that deems it no sin to cheat Christians being Incorporated into the East-India Company of the Netherlands holds it more shameful to Restore than to Steal and for their private Interest will if possible Engage the Seven Provinces in an unlawful War than yeild to reasonable tearms for their Peace There are many that justly call themselves Sufferers in this case and Poterunt litem inceptam prosequi not doubting in the least of a good Issue upon the foundations of Justice and Equity The precept of Law is to Doe right to Every man and Demosthenes the renowned Orator defines it to be the Gift of God as well as the Decrees of Learned men The Laws of ENGLAND are most clear in the Point under which qui se jacturam passos dicunt in duabus Navibus c. they are subject there needs no Commentary upon the Text being established upon the grounds of right reason and judgment Having glanced at the several Heads in the following Discourse before I come to the Proceedings upon the Controversie begun it 's necessary to open the Cause that the Reader may not be perplext in various turnings to lose his way I shall then in Bona Esperanza sail to the Henry Bona Adventure and enter the Particulars of the Goods and Fraights taken in on their Trading Voyages and declare the accompts and opinions both of the most Learned in the Laws and experienced in Policies and Reasons of State that say If the full Loss and Damages be not satisfied according to the Proofs in the Admiralty the Conclusion for English Affairs will be far worse than the Premises Veritas non quaerit Angulos The CASE between the Assignes of WILLIAM COURTEN and the East-India Company of the NETHERLANDS KIng CHARLES the First of ever glorious memory most seriously considering that Trade and Navigation was a principal means to bring Honour and Wealth to His Kingdomes and finding by sad experience that the East-India Company of ENGLAND rather persued their present profit by a Running Trade than to settle themselves in places of strength that might give incouragement to future Times for adventuring any Commerce with the Indians or defend themselves against the violent and apparent Injuries of the Hollanders who daily insulted over them to the Dishonour of GREAT BRITTAIN Decrease of Customes and Expence both of His Majesties Subjects and their Fortunes His Majestie duly considering the premises did by His Commission under His Royal Signature bearing date the 12 th of December 1635. the Uiceroy of the King of Spain having concluded a Truce and Free Trade in the East Indies with His Majestie give license power and authority to Sir William Courten late of London Knight Endimion Porter Esquire Thomas Kynaston Samuel Bonnell Merchants and others to Set forth under the Command of Captain John Weddall and Nathaniel Mountney the good Ships called the Dragon the Katharine the Sonn the Planter the Ann and the Discovery with Gold Silver Merchandizes and Provisions fit for Trade not onely to Goa the Parts of Mallabar China and Japan but also to Cape Bona Esperanza the Island of St. Laurence and Parts adjacent the Coasts of Mosambique Sofola and AEthiopia the Island Succatora the Coast of Arabia the Gulph of Persia the Coast of India the Island of Zelaon the Coast of Cormendell the Gulph of Bengala the Coast of Pegu Achen the Island of Sumatra the Straights of Malacca Sindea and Bandea with the Islands of Java Macassar Borneo Gillolo the Maluccose Islands with Nova Guiana and the Coasts of Tartarie or to any other place whatsoever where occasion of Trade or Discovery should lead them And amongst other powers and privileges granted Authority to take possession for His Majestie His Heirs and Successors of all such Lands as they should discover and conceive might be of Advantage and Honourable for the Crown of ENGLAND to own or hold giving to the said Sir Will. Courten and other the Adventurers with him and their Heirs for ever one full moiety or half part of the Lands and Benefits whatsoever thereunto belonging reserving the Soveraignty thereof and the Interest of Disposing the other part And in order to a Friendly entertainment of the English by the Natives His Majestie sent several Letters under His Signe Manual to the Indian Kings for the kind reception of those His
they were made nor from His Majestie if they had been made with Him or with any of His Predecessors Now for the second Objection viz. That though the said Treaties were not yet that the persons claiming have no right to what they demand for the making good thereof their Lordships are pleased to alledge two things First those reasons by which the East-India Company of this Countrey maintain that they might with justice yea that they were constrained to seise and confiscate the Ship Bona Esperanza and for the Henry Bona Adventure that she was wholly abandonned by her Master and Mariners and that they were willing or made no difficulty to suffer the people of the East-India Company of this Countrey to save the said Ship with her Lading Secondly that this matter hath been intirely and absolutely ended by an amicable accord between the said East-India Company on the one part and Jacob Pergens and David Goubart on the other part and that for a valuable consideration of 85000. gilders which summe hath been in persuance thereof really paid by the said Company Now as to the first of these Arguments the said Envoy Extraordinary takes notice that their Lordships do not insist upon it but only as it were en passant hint thereat nor do they so much as put their own stamp upon them onely calling them the said Companies Reasons and without setting down any of them in perticular And indeed no wonder seeing that a greater and more uncolourable violence and robbery could not have been committed than was that of the taking the Bona Esperanza a Ship belonging to London set out from thence laden onely with English and Portugais goods both at that time in peace and amity with this Countrey and bound from Goa to Maccao places both belonging to the said Portugais and without the least occasion offered by the said Ship nor could there be a greater in humanity and barbarism than the latter the Henry Bona Adventure not being abandonned by her Master and Mariners as will appear by the Writings marked with the letter C Numb I. II. IV. but only some of them coming to the Dutch and praying for their assistance towards the saving of their ship and goods they under the notion of assisting them take and keep all to themselves And for what is said of a certain Paper signed by them that they would not hazard their lives to save any thing their Lordships will find sufficiently proved by the said Writings that the English did actually continue in their Ship and so that it was no Wrack by Law Moreover that they did assist in saving the goods and Ships provisions as is abundantly proved in the said Writings to which give me leave to add that the said Company did since agree with the Portugais to pay them 100000 Rials of eight for their Interest in the Goods in the said Bona Esperanza whereof fourescore thousand was actually paid and for the English concerned both in the said Ship and in the Henry Bona Adventure though they were such as for their Loyaltie could have nothing of favour or countenance in in their concernments nor indeed have common justice done therein in the late distracted Times yet the said Company did to gain something of a pretence as if they had made satisfaction to them pay unto Jacob Pergens and Goubart the summe of 85000 gilders and that in a time when the affairs of His late Majesty in His Kingdomes were in the greatest disorders and confusion and not capable to give the least protection to any English man beyond the Seas being about the time of His most execrable murther and so no man will doubt but that if the said East-India Company could have justified in any measure what was done they would not have parted with such a sum of money especially at such a time upon pretence of any damage done to the English Now as to the second Argument herein is indeed the life and force of this matter and if the Agreement made with the said Pergens and Goubart be a good Agreement God forbid the East-India Company of this Countrey should be called upon again but if this be not a good Agreement then the Pretenders have a fair and free way open for their demanding satisfaction Now as to Goubart his pretence is only to â—â— 16 of the Ship Bona Esperanza but had nothing to do with the Ship Henry Bona Adventure nor with the Lading of either of them and as for his Agreement in so far as his personal concernment went it is admitted for good and not questioned but as to the said Pergens who had no interest in either of the Ships or their Lading but claims by vertue of certain Procurations and Transports from William Courten The said Envoy Extraordinary doth answer that the said Procurations and Transports are utterly voyd and null as appears by an Indenture hereunto joyned marked with the letter D Num. I. whereby the said William Courten had in the Year 1642. absolutely transferred all his right and interest in the said Ships unto Sir Paul Pindar and Sir Edward Littleton and that upon a most valuable consideration for the sum of 88000 pounds sterling principal money lent unto him And moreover the said Courten was declared insolvent for 150000. pounds sterling by reason of his great losses in the Indies long before he gave the said Procurations and Transports to Pergens as appears by the Writings of the letter C Num. III. and consequently was incapable by the Laws of Nations for the doing of any act for the disposal of his goods And it is not amiss to observe that though the East-India Company of this Countrey out of their desire of gaining something of a colour to have ended this foul business did part with that inconsiderable and pitiful summe of 85000. gilders for so indeed it was not in it self but in comparison of these losses and damages Yet that they were at that time so advised of the ungroundedness of the said Pergens his pretences that they did not part with a far thing to him till he had given them good security to repay the said money with interest in case they should be further troubled in this matter as appears by the Writings marked D Num. IV. the which security is still good so that the said Company can be no Losers thereby And for what is further alledged as if the said Pergens had really and effectually paid and contented all the other persons interessed in the Ships and Lading if this were indeed so it would be justly blame-worthy for them to demand satisfaction a second time but it is utterly false and untrue nor hath any one of the persons pretending ever received from the said Pergens or any other upon this account directly or indirectly the value of one farthing And as to the two Letters written by His late Majesty concerning this business in the Year 1647. the one to their Lordships and the other to Sir William Boswel
caution to perform their Articles rather than they would want the benefit of English Harbours in Winter or the Countenance of Great Britain all the year they will subscribe to any condition knowing that France and Spain holds correspondency no longer than they have a fair opportunity to reduce them to their first principles or requite them in some other kind The Frontier Towns are wholly kept by English Scotch and French that know both the strength and weakness of their Countrey and they are forced to continue their Armies as much to govern by an Arbitrary way at home as to defend themselves from Invasion abroad their Shipping must be supplyed by Strangers that are not any way concerned for the defence of their Countrey therefore the King may take his advantage and set a valuable price upon his owne Inheritance which God and Nature hath endowed him withall My Lords I know they hunger after a nearer Alliance with the King and had rather be at Enmity with the whole world than not in Amity with England They term the Union with the King like man and wife I humbly beseech you in the name of all the Interessed persons for whom I am concerned that by some special Provisoe in the Treaty Ours being an extraordinary Case It may be reserved to such Remedies as the King and His Councel shall think fit otherwise all English men beyond the Seas that have heard the noise of this Case will despair of any protection and resolve if the King cannot have that Reputation throughout the world that no Kingdome or Nation whatsoever shall dare to affront His Merchants at Sea their Trade will be wholly left to them that so earnestly persue it I beg your pardon for my boldness and leave all to your grave wisdoms and considerations subscribing my self From my Lodgings at the House of Nassau in Papa Street at the Hague July 17 25. 1662. Your Honours most faithful and humble Servant George Carew The third Memoriall of Sir GEORGE DOVVNING to the States Generall THe underwritten Envoy Extraordinary of His most Sacred Majesty of Great Britain c. is very sorry that he must still reproach their Lordships that yet to this day since the Return of his Master into His Kingdomes there is not one Example made by them or their Order for satisfaction and reparation to any of His Subjects in any of those many and grievous Complaints which in His Name and by His special Orders have been from time to time made unto them the which their Lordships must think cannot but neerly touch such a King and such a Neighbour and the more when He considers how frequent the Examples of their Justice were in the dayes of those who usurped His Crowns and Authority and also how many Examples have been of His Justice from day to day towards their Subjects at the request of their Embassadors by the interposition of His Royal Authority And though it is now a considerable time since he the said Envoy Extraordinary did give in to their Deputies his Replies upon what had been given him by them concerning the Ships Bona Esperanza Henry Bona Adventure and the Ship Charles by which it appears to the whole World how groundlesse and frivolous were the Shifts and Pretexts which those who have done these Robberies and Uiolences would avoyd the making satisfaction for them yet he hath not since that time heard one word from them or from their Lordships concerning them And he doth herewith further complain that a certain English Ship called the Content of London whereof one William Jordan was Commander sailing out of the Downs in the Month of October last for the Coast of Africa was there in a hostile manner set upon by two ships belonging to the West-India Company of this Country the one called the Golden Lyon and the other the St. Barbara and taken the People stripped and plundered and he doth demand that satisfaction and reparation be forthwith made to the persons interessed as also to those concerned in the Experience the Ship Daniel Brazil Frigot Leopard St. John Baptist and others concerning which complaints have been made to their Lordships And de doth hope that he shall at last be able to give an account to His Master of the reall effects of their Justice without which it is but a prostituting of His Honour and Dignity to continue the sending His Subjects hither and endeavouring to obtain reparation for them in this neighbourly and friendly way Given at the Hague this 6 16 August 1662. George Downing The Answer of the Lords States General Translated out of the Dutch Original to Sir GEORGE DOVVNING's Third Memoriall THE States General of the United Provinces c having seen examined and considered a certain Memoriall delivered by Sir George Downing Envoy Extraordinary from His Majesty of Great Britain c. in his late conference with their Ho Mo Deputies as also his Memorialls presented from time to time concerning the Ships called the Bona Esperanza and Bona Adventure After mature deliberation they have thought fit to declare by these presents that their Ho Mo did not in the least doubt but that the said Envoy Extraordinary and the King His Master would have acquiesced in the particular informations and circumstances comprehended in their Ho Mo Answer on the 22 of June last touching the same Subject protesting that they did only cause this to be done for better information and no otherwise but finding contrary to what was expected their Ho Mo can assure the said Envoy Extraordinary and the King His Master with all truth and sincerity that they find nothing in the said Memoriall nor in the said Pieces joyned that can in the least weaken the force of the said Information whereupon their Ho Mo would inlarge themselves were it not that by the Treaties of 1654 and 1659. these as also all other pretences known by the one side or the other before that time ought to be considered as matters extinguished whereby their Ho Mo think it not fit to enter into any dispute with the said Sir George Downing being that the same hath been presented to His Majesty by the Embassadors of this State and caused the said matter to be deliberated on in his Councell who did acquiesce therein as it doth evidently appear by His Majesties solemn Answer Signed by one of His Secretaries of State and delivered to them on the 25 of May last as likewise in his Majesties solemn Declaration made to the Embassadors in their Audience at Hampton Court the 4. of July last and their Ho Mo do only depend upon His royal Word passed at that instant as also upon those reasons which are equitable and just passed in their Ho Mo Assembly at the Hague the 26 of August 1662. Second Reply of Sir GEORGE DOVVNING Envoy Extraordinary from His MAJESTY of Great Britain c. Presented to the Estates General the 1. of Sept. 1662. THE underwritten Envoy Extraordinary of His most Sacred
14 d. per centweight difference that the Bars cost more Also the price of Corrall Beads and whether a great difference be betwixt deep Red coloured and a pale coloured though the Beads be of one and the same bignesse Which sort of Beads and bignesse thereof sells with you and what quantities a year for being very deere I must be fully informed of the price and request before can resolve to send a considerable parcell next year intend to send out a good parcell of Corrall mean while you may put off all the Corrall you find unsold in any one of the Factories 27. You must be carefull to have all the Cloth of all the three Ships ayred as soon as you come into hot Countries and in Sultry weather You have a Packer named William Gerishe who with his Presse may Pack up the Cloth again as it was before which he may also effect a shore and be constantly employed about keeping the Cloth in good order 28. You shall deliver a Copy of these Instructions to all the Merchants of your Councell at Carwarr and send the Copy by the Loyalty with the Copy of the Charge of Mr. Woodman and all the other papers to be directed to all the other Merchants at Carwarr to be penned in a consultation of all the Merchants both of the shore and of the Ships present and to rule themselves accordingly in the settling a Councel and Government as is prescribed In case your Ship should arrive upon the Coast sooner then the Hester or else the Hester miscarry or lose her Monsoones or that which God forbid you should depart this life before your comming to Carwarr 29. By the premisses you are certified of the general heads of this businesse of this Imployment which strive to perform to my most advantage and for what omitted or else herein contained which might be contrary to the most beneficial course you shall have in all times power with the advice of your Councel to alter and redresse the same and to resolve for the best which your resolutions I approve as if hereby prescribed conditionally that all times when such happen you shall Register such Consultations with the hands of the Merchants present and therein also inserted the reasons why so resolved in opposition of all these my Orders And beseeching God to blesse your Endevours and Preserve you in health Remain Your Loving Friend William Courten Taken at Goa 11. Aug. 1645. from Mr. Robert Hoopers Copy Coines Weights and Measures in Goa Coines 1 Cruzadoe is 12 Serafins 1 Serafin 2 s. 6 d. Engl. or 5 Tangos 6 Tang. 1 Patacoon 1 Tangoe 5 Unitens 1 Unite 15 Buzurocks 1 Pag. 17 16 or 15. Tango 1 Rial 8. 10 or 11 Tangos rising falling 1 Santomaz de figur 16½ Tangoes 1 Santomaz de cruce 15 Tangoes Weights 1 Quintall 128 Ratas 133 pounds English 1 Rove is 32 Ratas 1 Rata 16. Ounces 1 Candee 20 Maund 500 pound neat Engl. 1 Maund 24 Ratas 1 Mark Ounces 8. divided into ¼ ⅛ 1 16 c. 1 8½ Ryals weight makes a Mark 100. Ratas is nearest hand 102. pounds English Coines c. in Cannanore Measures 1 Covad ¾ Yard English Weights 1 Candee 20. Maunds 1 Maund 24 Ratas 1 Cannada nearest 3 wine Pints English Batticalla Coines 1 Pagodie Tipkie is 15 Fnams in Gold 15½ Fanams or 8½ shill. Eng. 1 Fanam 30 Tare 1 Tare 4 Cashes being a small Copper peece 1 Ryal 8. about 9½ Fanams 1. Santomes 14 Fanams and 24 Tare Weights 1 Candee 20 Maund 500 l. English or thereabouts 1 Maund 40 Sear about 25 l. English Measures 1 Covad from the elbow to the end of the little finger Carwarr Coines 1 Pagodie Tipkie 14 Fanams or 1½ Ryals of 8. or 7s 6 d. English 1 Fanam 45 Cashes VVeights 1 Candee 20 Maunds or about 500 l. neat Engl. 1 Maund 40 Sear Measures 1. Covad ¾ yard English Rajapore Lickmidas and Samgee Decemb. 1644. Coines 12. Massa. makes 1 Tola 24 Tola 1 Sear being about 10 Ounces Troy or 11¼ haverdupois Raiapore 1 SearSil val 1 pag. Tipkie or 8½ Larees or 1 pag. great at 9½ Larees Rajapore per peece 1 Sear Sil. val pag. Tipkie or 9 Larees or 1 pag. great at 10 Larees Sattole per peece 13 Pice makes 1 Laree Rajapore 12 Pice 1 Sattole Laree Memorandum That by reason of the disappointment caused through the spoiling of the Voyages of Mr. Courten 's Ships The Factors were forced to borrow money in Acheen at 10 l. per cent a Moneth which is the usual rate of moneys in those parts and for want of supplies their Credit dayly impaired untill at last the whole Trade and Factories were overthrown The Attestation of Mr. John Darrell Merchant concerning Mr. Courten 's Factors and Factories in the East-Indies and parts adjacent in the year 1644. deposed in the Court of the Admiralty in the fifteenth year of the Reign of King CHARLES the Second Anno Dom. 1662. I Underwritten John Darrell of the Parish of St. Giles Cripplegate London Merchant do Testifie and declare upon my corporal Oath that according to Articles and Covenants with William Courten late of London Merchant I set Sayle from the Downes for the East-Indies in the Month of April 1644. in the Fraighted Ship Loyalty with Cap. John Durson Commander in the Imployment of the said William Courten and Company and in September following I arrived in the said Ship at Jettapore in India and going up to Rajapore acquainted Mr. Courten's chief Agent Mr. John Farren therewith who by his Letter contrary to Expectation certified us of the sad and distressed condition of Mr. Courten's Factors and Factories by reason of divers and several Losses and spoils of their Ships and Voyages trading to and again for China and parts adjacent and that since the losse of the Ships Dragon and Katharine the Dutch East-India Company had violently taken the Bona Esperanza and seized the Merchandize and Ships provisions of the Henry Bonadventure and assailed Capt. Blackman Commander of the Ship called the Great William who very narrowly escaped firing or sinking in the Straights of Mallacca as they themselves and divers others very credibly reported in India to me this Deponent Whereby I do further declare and assert that all supplyes were wholly prevented and the said Factors wanting employment their several remains of Goods and Merchandize were consumed great Debts contracted and the Factories places of Trade Customs and Plantations of Dabull Jettapore Goa Cocheen Coulan Batticalla and Allepore along the Sea-coast of India and Mallabar with Vizipore Rabagg Harripore and Rajapore up-land also Acheen upon Sumatra in the Straights of Malacca and Bellasore in the bottom of the Bay of Bengala together with China Trade and Madagascar plantation all undertaken and settled by vertue of Letters Patents under the great Seal of England granted to Sir Will. Courten and others upon good foundations of reason and policy yet by providence were suffered to be most
wickedly destroyed to the ruine of Mr. Courten and his Family and the inestimable Losse of the whole Kingdome And I do further declare that in the year 1645. I came thence for England again in the Ship Thomas and John and Brought home the Books of Accompts sealed up and delivered them to Mr. Courten and his Lady with the sad tidings and relations aforesaid John Darrell Juratus Johannes Darrell 19o. die mensis Martii 1662. juxta super veritate premissorum coram venerabili viro domino Gulielmo Mericke Legum Doctori Milite Surrogato venerabilis viri Johannis Exton Legum Doctoris Supremae Curiae Admiralitatis Angliae locum Tenentis Judicis sive Presidentis Testibus Samuel How Not. Publ. Mai. Cottle Not. Publ. Will. Mericke Sententiae Judicium JURISCONSULTORUM BATAVORUM In JURE CIVILI exparte Belgicae Societatis Indiae-Orientalis Versae ex Lingua Belgica VIsà à nobis infra scriptis copiâ cujusdam Contractus in Linguam Belgicam versi 19 Decembris Anno 1642. inter Gulielmum Courten Armigerum Londinensem ab unâ Dom. Edvardum Littleton Baronettum ab alterâ Dom. Paulum Pindar Londinensem a tertiâ parte initi ut impressa copia instrumenti procuratorii 27 Octobris 1645. à praedicto Courten ad Jacobum Pergens concessi copia quoque literarum à Parliamenti Superiori Camera Londini 20 Martii 1645 6 ad Residentem Strickland in favorem praedicti Courten datarum similiter duabus impressis copiis Epistolarum à Regiâ suâ Majestate Angliae tam ad Dominos Ordines Generales quam ad Residentem suum in favorem negotiorum praedicti Courten 9 Octobris 1647. Scriptarum Item impressis copiis duorum Instrumentorum transportationis sive translationis procurationis sive mandati quorum unum praedicto Courten 10 Dec. 1647. Lond. alterum vigesimo secundo Februarii 1648. hic Hagae Comitis in usum dicti Pergens concessum erat porrò copiâ cujusdam Insinuationis Dominis Directoribus Societatis Indiae Orientalis Amstelodami 25 Maii 1648. per Jonam Abeels Mandatarium procuratorem dicti Pindar facta ut Arresti ejusdam primo Octobris 1648. ab ipsomet super Societate ibimet loci fieri facti uti certificationis à Consulibus Rectoribus dictae Civitatis 7 Augusti 1654. datae cum insertione excerpta ex Registro causarum Judicialium ibi loci in quo dictum Arrestum 13 Novembris 1648. validum declaratur sicut etiam copiâ instrumenti renovationis dicti arresti data 2 Novembris 1649. ut protestatione 11 subsequenti diversis Excerptis ex Registro causarum Judicialium dictae Civitatis sub datis respectivis ultimo Maii 21 Junii 13 Septembris 8 Novembris 1650 14 Febr. 1651. continentibus Petitionem à dicto Abeels nomine quo supra contra Dominos Directores Camerae praedictae institutam Decreto Scabinorum in quo ista causa salvo Jure Judicii in statu tenetur praeterea excerpto ex eodem Registro sub dato 13 Septembris 1650 continente Petitionem in casu Indempnitatis contra Jacobum Pergens Cautionarium ejus à Dominis Directoribus Institutam Praetereà duobus excerptis ex Indice aut Receptorio postulatorum ex parte Mercatorum aliorumque Anglorum contra Populos Foederati Belgii virtute trigesimi Articuli pacis coram Commissariis hinc inde nominatis continente primo Petitionem Gulielmi Toomes executoris testamenti dicti Pindar quoad navem dictam de Bonne Esperance ad summam 72546. secundo Petitionem dicti Courten ad summam 60000 Moultonii aliorum propritariorum dictae Navis ad summam 10000 librarum Sterlingarum ut Copia literarum à Regia sua Majestate Angliae 21 Martii 1661 2 ad Dominos Ordines Generales datarum ut Memoriali a Domino Residente Downing 20 Aprilis dictis Dominis Ordinibus Generalibus tradito ut responso dictorum Dominorum Ordinum Generalium ad idem dato ut expressis praetentionibus contra Societatem Indiae Orientalis nomine ex parte praedicti Courten aliorum quorum interest ratione damni in Indiis Orientalibus passi motis ut impresso altero memoratorum Dominorum Ordinum Generalium ad Memoriale Equitis Downingii dicto die Sancito ultimo impresso responso vulgo Reply 13. Julii noviori memoriali primo Septembris praeterito contra illud a dicto Domino Downing exhibito omnibus Spectantibus ad naves dictas Bona Esperanza Henry BonaAdventure a dicto Courten in Indias Orientales instructas Quarum prima est Fisco addicta Bona alterius postquam ad littus Insulae Mauritii pulsa esset tunc per Ministros Societatis salvata sunt duobus questionibus ex inde propositis viz. An Societas non obstante dicto contractu 19 Decemb. 1642. Insinuationibus protestationibus Arrestis cum dicto Courten aut ejus Mandatario Pergens decimo octavo Septembris 1649. potuerit validé transigere Secundo Num dictus Pindar aut nunc ejus Administrator non teneatur respectu societatis in dictam Conventionem cum Jacobo Pergens Mandatario Courtenii initam acquiescere Judicatur salvo meliori Judicio de dictis questionibus Dominis Directoribus dictae societatis liberum fuisse non obstante insinuatione protestatione vigesimo Maii ut Arresto primo Octobris ejusdem Anni supra Memorati cum dicto Courten aut ejus procuratore 18 Septemb. 1649. firmiter transigere Et consequenter dictum Pindar aut jam ejus Administratorem teneri in dictam Conventionem cum Pergens initam respectu Societatis Acquiescere Idque has ob rationes quod etiamsi dictus contractus decimo nono Decembris 1642. dicto Pindar titulo Emptionis translationis videatur dare proprietatem dictarum Navium Mercium in iisdem contentarum cum omnibus annexis equidem non comperietur realem fieri traditionem possessionem earundem a Courten Littleton aliquo modo fuisse derelictam Verùm è contra quidèm Expresse stipulatur Courten Littleton constituturam ea conditione ut Paulo Pindar ex redeunte onere Navis dictae Bonne Esperance solvant summam trium millium ex dicto onere Navis dictae Bonadventure 2500 librarum Anglicarum dimidium unum intra unum alterum dimidium intra duos menses post reditum appulsum Exonerationem dictarum Navium Londini aut alibi solutionibus it a peractis dicto Littleton tunc liberum licitum fore omnes caeteros effectus dictarum Navium tenendi habendi fruendi in suâ possessione in eam intentionem quae magis exquisite in contractu exprimitur sicut inter dictas partes non obstante quod dictas Naves dicto Pindar concesserint negotiati sint vendiderint expresse conventum declaratum est ipsum Pindar nullo modo laturum aut passurum aliquod damnum aut jacturam quae per Naufragium aut alio modo