A Brief RELATION OF THE Surprising several ENGLISH Merchants Goods, by DUTCH Men of War, their carrying them into Zealand, and there condemning them for Prize, upon no other score or account, but that they were English men's.  
By Edward adam's of London, Merchant.  Hor. Ep. lib. 1. 
Per mare, pauperiem fugiens, per saxa, per ignes,  
Impiger extremos currit Mercator ad Indos.  
LONDON. Printed in the year, 1664.   

To the Courteous English Reader.  
Kind Country Man,  
IN the late scribbling age, having cast my eye upon several Books, Pamphlets, or what else they might be called, (things in Print) and considering the Contents, I have often thought the Authors could have no other ground or design for exposing them to public view, but a strong desire to be seen in Print. Believe me, I am not troubled with any such ambitious Itch: No, 'tis ill luck presses me to the Print, to make relation of my friends and own mishap; which may be esteemed the greater, in that it fell in a time when I and all our English World were joval and pleasant, in that merry month of May wherein his sacred Majesty returned to his Kingdoms, and great part of it on the day (when myself and many thousands more were attending on his Princely train) before his return to his Royal Palace of White-Hall, viz. 28. Maii 1660. Expect not from me any neat, polite discourse, (for I am as bad a Polisher, as a Politician.) I shall only present thee with a bare relation of matter of fact, and my design of making it public, is two fold, respecting thee, that by what thou seest to have happened to my friends and me, thou mayst be admonished to be very cautious and wary how thou hast to do in any design of Trade and Commerce, where the Dutch have any pretence of Concern or Interest, and bonum est fugienda aspicere alieno in malo, And myself, to beg the benefit and help of thy good Counsel for my future demeanour, whether I shall be farther active, and if so, how to proceed; or merely passive, sitting quietly still, and bewailing the latter loss with the former; for I have been at a very great (it may seem incredible) expense in Zealand, Holland, and some here, in seeking restitution of (or satisfaction for) our unjustly surprised and detained Goods. I said I would present thee with a relation of matter of fact. Know therefore,  
That having done some service to the King of Portugal, my Partner Abraham Jacob, an English Merchant resident in Lisboa, in the latter end of the year 1658. procured a licence for sending a Ship to the Brazil, in the Interval of fleets, (for by our Articles with that Crown, English ships, or ships freighted by English men, may go in company of their Portuguez fleet to Brazil, and freely trade there) and by reason of the war with Spain no English Ship of considerable burden arriving in the Harbour of Lisboa that would embrace a freight for Brazil, he was forced to make use of a French ship (not out of choice or kindness to that Nation, to give French men employment; but merely in absence of English men) that accidently put in there, and wanted a freight, One of thirty four Guns; this Ship was hired by the said Abraham Jacob, and in the beginning of the year 1659. dispatched away for the Rio de Janeiro in Brazil, with a very considerable Cargazon of Goods from himself, besides what was laden by several other English Merchants (and some by Portuguesses) residing in Lisboa.  
This Ship belonged to St. Mallo, was called the Golden Sun, commanded by one Nicholas le Bretoa du Pre, & returning for the Port of Lisboa, the place of her discharge, laden with Sugars, Hides, Brazil wood etc. on the two & twenty day of May, 1660. near the Rock of Lisboa, was met by four Flushing men of war commanded by Tousain le Sage, Philip Ros, Albert Janson, and Mattyas Q●arts, who haled her, & were informed she was a French Ship belonging to St. Malo; nevertheless they commanded the Captain out of her, who knowing them to be Dutch men of war (and though he could have made considerable resistance, yet) yielded, without making any the least opposition, not doubting but that they would have soon cleared and released him, because that by the Treaty of Marine concluded but a few years before between the French King, and the State's General of the United Provinces of the Netherlands, it was provided for and agreed on, that a free Ship made free Goods, and that any French Ship might freely Trade, and carry into any Port or Country in amity with the Crown of France, (though the inhabitants thereof should be in open Hostility and War with the States of the Netherlands) any (and all manner of) Goods and Merchandizes, not only such as belonged to Nations and Persons in amity and confederation with the said States, but also the proper Goods, and Merchandizes of those people that were in Hostility and War with them, as aforesaid. But the Commanders of the Men of War, or Capers, (for so are they called in Zealand) thought not themselves obliged to the observance of any Treaty of Peace, or Law, or Justice; and therefore instead of permitting (as they ought to have done) the Ship to follow, and proceed in her Voyage, they set on shore many of the Ships Company in Portugal, and took possession of the Ship, and sent Her and her Commander accompanied by one of the Men of War for Flushing, where arriving, the French Commander addresses himself to the State's General, and demanded to be restored to the possession of the Ship and Goods, according to the Articles of Marine aforementioned, and reparation for the damage sustained, by being seized on and brought in thither, and was assisted therein by Mounsieur de Thou, then at the Hague Ambassador from the French King, who was the same Person that concluded the said Treaty of Marine; and a short time after I received advice and information from my Partner Abraham Jacob, and from Robert Car, Christopher Trenchard, William Peachey, Thomas Bostocke, and William Trussel, English Merchants resident in Lisboa, of their several interests aboard the said Ship, and their Procurations or Letters of Attorney for looking after them, and procuring satisfaction on their behalf; whereupon I humbly represented their case to his most Sacred Majesty our Sovereign, who was graciously pleased immediately to send his Letters to the States of Zealand, requiring and pressing them to cause a restitution to be made of such part of the Ships lading as belonged to his Subjects aforenamed, and his Majesty used an expression enough not only to have won upon, but to have commanded any ingenuous natures; For, he said, he would look upon such a restitution, as an Action demonstrating their willingness of holding amity and confederacy with him: This Letter was dated 5th. of July 1660. and a few days after I delivered it to the States of Zealand, who were at that time assembled at Midleburg. They seemed to be very glad to receive a Letter from his Majesty of Great Britain, being the first they ever had from him, (at least since his happy Return to his Kingdoms.) But refused to return answer, at least by me, telling me, it was not their custom to Write to any Prince without the Order of the State's General; or at lest first making them acquainted therewith. But their resolution was recorded, of which they ordered me a Copy, the Translation whereof is as followeth.  
Extract out of the notes or resolutions of the Honourable States of Zealand. The 2d. of August 1660.  
BY which being deliberated upon the Contents of a Letter from the King's Majesty of Great Britain, writ in favour of some Merchants of London, who pretend that several Merchandizes laden for their particular Accounts aboard the Golden Sun, whereof was Master Nicholas le Breton, and taken at Sea by private Commissions of this Province and brought to Flushing, Is resolved that the aforesaid Owners or Interessed shall address themselves to the Lords of the Court of Admiralty residing here, with full assurance, That in this cause of reclaiming and following of their Goods, they shall receive all possible expedition and just Judgement.  
Agreeth with the above mentioned notes or resolutions. Peter de Huybert.  
This Answer or resolution was an invitation or introduction to a Lawsuit, which I was very much averse from entering into, well knowing what bad success, some of our Country men had had by such like proceeding in Zealand, neither could I obtain a resolution, or Order, that in case of making due proof of the Property, I should have the English Interest cleared and restored to me. But several Merchants and other Persons, as well Natives as others residing in Zealand, men that were not concerned with the Capers, but rather abhorrers of their proceedings, (and some such are there, though many are interessed with them) with whom I happened to have discourse, understanding my case, were of opinion that would consequently follow; and the rather because his Majesty of Great Britain appeared in the business, and the Goods being then in esse, and entire, therefore they encouraged me to proceed according to the States answer or resolution; however I was resolved first to advise with my friends in England, and being in my return, a passenger with me in the Packet Boat, one Vandersteen a Native of Zealand, but had a pretence to some Lands in Ireland, of his own accord (hearing my name) and knowing somewhat of my business in Zealand, told me undoubtedly I should have good success therein, for that the States of Zealand in a Letter they had written in his behalf to his Majesty of England, took notice thereof; That part whereof that concerned me, I got copy of, and translated is as followeth.  
The Lords States of Zealand have (upon the recommendation of his Majesty of great Britain) very earnestly recommended the cause of Edward adam's, Abraham Jacob, Robert Car, and other Merchants, to the Lords of the Admiralty in Zealand residing at Midleburg, That to the said Cause should be given a short and prompt expedition of Justice, with the which the interessed friends shall be assured of due satisfaction, as in Justice and Equity▪ shall be found to be due: Done in the presence of John Ed. M. 7. August 1660 new stile.  
This and the Resolution also proved in the End but a decoy and delusion, to entice and drill us into further Mischief and inconvenience, for the manner of the Zealanders, is to get what they can into their power, and then seek and cast about for arguments and specious pretences to palliate the detaining it, and seldom or never do they part with any thing though ever so unjustly taken unless compelled thereto.  
Upon conference and advising with friends here in England, 'twas thought fit we should Prosecute our Claims in the Admiralty of Zealand, according to the State's direction, and chiefly for this reason, That we could not have any great cause of complaint, or make out an aggrievance whereupon to beg relief from his sacred Majesty our gracious Sovereign, till we were denied Justice there, it not being known, but that they would decree to us our Goods with damages; and withal being informed, that the Lords of the Admiralty could if they pleased in short time bring the cause to sentence, their custom being to sit in Court 3. days in a week, I therefore gave order for proceeding with a Claim before them, in the names of my several friends interessed, And for proof of their property did refer to the Evidence in the possession of the Capers, as the Commanders Book, the Bills of lading, Invoices and Letters of Advice, of which they had second and third Via's also, and my friends, as yet, none at all, for it happened that a few days after, viz. on the 27. or 28. May old stile, the three remaining Capers, or Men of War, near the place where the 4. surprised the Golden-Sun, met with the ship Experience of London, Commanded by one John Kingsman, coming from the Port of Bahia in Brazil, whom they also surprised, (aboard which ship my friends aforenamed had Goods likewise to the value of 1200 l. star. and upwards, and in her company took 2. Portuguesse Vessels that came from the Rio de Janeiro (the same Port whence the Golden Sun was laden) and in them 2d. and 3d. avizo's of what had been laden for account of each particular person respectively aboard the said ship, Which (by command of the Lords of the Admiralty) being brought before them into Court, there appeared there were consigned unto them aboard the said ship for their own accounts 271. Chests and 11. Fechos Sugars, all (except some few) whites, (〈…〉) worth 5000 l. star. which was afterward confirmed, and made out by such like Evidence which came to my friends own hands from Brazill.  
When I began to follow my Claim, I soon found the Adverse parties that appeared against me were very great and powerful persons in Zealand, viz. (besides the Commanders of the Men of War, who had alliance strong enough there) the whole West-India Company of the Netherlands, as Granters of the Commissions, Everard Gyselinck who was at the same time Burgo Master for Flushing, and consequently one of the States of Zealand) Jacob Van Hoorne,— Everson of Flushing, and several other considerable persons as Owners & setters out of the men of War; And the Capers of Flushing are esteemed men of such desperate inclinations, and so impatient of being demanded to give account of, or restore ought they have any way got into their power, that hardly could I get any One to follow in my absence my Claim against them.  
And there was a whispering of a suspicion went up and down the world, as well in Zealand as other parts, That the Lords of the Admiralty themselves were concerned (as well as other great men of that Country) in setting out men of War, Whether they are so concerned or not, I will not say; My charity is such, as rather to believe the Negative. But they seemed to be pretty strongly allied to our Adversaries (if not by consanguinity or affinity) in affection, That whatsoever they moved for, was granted, though ever so equitably, rationally and forcibly impugned by our Advocate. Take one Example among others: (long before they gave sentence) By virtue of a Joint Procuration I I proceeded jointly 2. or 3. Months in one claim, Then the Capers and other our Adversaries move for a separation of causes, or claims, for each man to claim a part, which was a mere dilatory design to increase and multiply Expenses, thereby to deter those whose interest was small from looking after it, because the remedy might prove worse than the disease, the charge for following the claim of one Chest being as great as for one hundred. Our Advocate pleaded the Motion was unreasonable, urging there was in the claims no difference of case; That the persons claiming were all English men, all residing in one place, the Goods they claimed only such as appeared to be consigned to them for their own account, that they were laden in one Port, in one ship, and consigned to one Place. And added, that 'twas the part of Judges to abbreviate and contract (not multiply) suits; withal remembered to them, that the States in their resolution had promised Expedition, And therefore prayed the Lords of the Admiralty not to grant the Motion; But notwithstanding they did: not declaring in this, (as in no other point) the ground for their Decree, which they say is their custom, reserving that to themselves, stat pro ratione voluntas. I put it to my Advocate, and others residing in Midleburg, to deal plainly with me; in telling me in their Opinions what ground or cause our Adversaries could have for making, or the Judges for granting the Motion? who ingeniously confessed they knew none, but what I have already set down; a design to deter those whose interest was small from making their claim, fearing the remedy to be worse than the disease. And indeed that design was gratifyed with success, for the expensive and dilatory process consumed more than the value of some men's sugars claimed, though sentence had been pronounced in their favour, yet could I not avoid proceeding in such a claim, for I let it lie, and went on with the most considerable, but our Adversaries brought it on, and moved that I should proceed therein, or they be dismissed therefrom. I than moved the Court for Order for one cause to be proceeded with, (which they should appoint) offering, that according to the success of it all the rest should be concluded, and to this the Fiscal confented, (The Fiscal is a person concerned in all claims of this nature, he proceeds Ex Officio, Appears in right of the Province, and his office is somewhat like to that of his Majesty's Attorney General in England) But the Capers refused to join with him; Neither would the Lords of the Admiralty enjoin them to comply, so that of One 'Cause they begat Six: And before I could proceed further I was forced for every cause to give security for the costs, which must be done by a sufficient Inhabitant of the Place.  
The 12. October 1660. st. n. was appointed for a public sale of the whole Cargo of the Ship Golden-Sun at Flushing (the French Commanders 23. Chests excepted) where I was present, and addressed myself to the Lords of the Admiralty, desiring the Goods I claimed might be likewise exempted from the sale, till the causes were determined. But they answered me, they should be sold with the rest in Usum jus habentium. Then I moved that the Contents and Quality might be noted and set down a part, which I confess they granted, and to that purpose sent a Messenger with me to the Officers of the West India Company; who had the management of the sale. But they answered, 'twas not to be done, the Goods being mingled in Lots with others, so they made sale of them before my face (a comfortable spectacle) and promiscuously set down the Contents with other goods, as not doubting of a sentence in their favour, or dreading ever to be called to account for them.  
By some little discourse I had with our Adversaries and others of that Country, I found there seemed to be put by them some difference between English men, living in England, and those residing beyond Sea, especially in Portugal, though they have liberty to make such residence only by virtue of Articles of peace made between the Crowns of England and Portugal. To remove any such obstacle, should it be offered, and appear to be valid, I procured a second Letter from his Majesty, wherein (being informed by some persons of Honour, who in the time of their Exile, came to have knowledge of the persons interessed, That they were not only loyal subjects, but to have sincere affections to his Majesty's service) He was graciously pleased to declare that Edward adam's, Abraham Jacob, Robert Car, Christopher Trenchard, William Peachey, Thomas Bostock, and Will. Trussel, were not only his subjects, but that he also looked upon them meriting his protection, as well as any others soever of like quality inhabiting any part of his Dominions. This Letter was not presently delivered, but was thought fit to be reserved for some more opportune time, which was judged to be when the causes were ready for sentence, and then it was presented, but to small effect, for they slighted it; And the Capers stuck not publicly to say, That the Secretaries framed Letters, and his Majesty signed them without ever reading or knowing what they contained. The French Commander at the same time went on with his claim, demanding his ship, the Fraight, & 23. Chests of Sugars in particular, & the whole Cargo in general according to the Articles of Peace.  
The Cargo according to the Commanders book, was 1100. Chests and Fechoes of Sugar, 1000 Hides, 4000 l. of Vigonia Wool, some Boxes of Balsam, a parcel of Jacaranda Wood, Whale fins, and some Tobacco.  
Upon his pressing whereof, the Lords of the Admiraltie-asked him one day in Court, what he would do with the Cargo should it be restored him? To which he made answer, That he would carry and deliver it at the proper Port of his Discharge, according as he stood obliged by Charter party and Bills of lading, at which the Lords smiled, As if it were a ridiculous thing for them to be thought obliged (by any tie whatsoever) to give sentence for the Capers to part with a good Booty once got into their possession.  
During the transaction of these affairs, the States of the United Provinces sent their Ambassadors to the Court of France to renew their Alliance with the French King, who (being informed from his Ambassador at the Hague of their noncompliance with the former Articles) refused to treat with them, till there were justice done his subjects according to the Articles of Marine, which was concluded at the desire of the States themselves. Whereupon the Ambassadors writ to the States desiring the cause of Le Breton may be judged, who thereupon Order the Lords of the Admiralty of Zealand so to do; But they notwithstanding for a while deferred it, till new complaints were made, than they give sentence, viz. on the 24. September 1661. stilo novo. Decreeing to the French Commander his Ship, Apparel, Furniture, etc. Fraight, and 23. Chests of Sugars which belonged to him and Company, with 2000 Gilders Damages. And the same day condemned the English men's (some whereof were Fraighters of the ship) goods for prize.  
The French man not contented with his sentence, finding the sum ordered for damages to be too little, demands further reparation in matter of damage: which by means of the French Ambassador at the Hague, is made known to the French King, who commanded Monsieur de Lionn a Minister of State in France, to signify to the Dutch Ambassadors, that in case of non satisfaction for Le Bretons ship, he would grant Letters of Reprisal. Whereupon they again writ to the State's General touching that particular; Who order the cause to be brought before the Judges appointed in case of appeal at the Hague, and a review thereof without charge to him, and to that end dispatch their Messengers into Zealand, where the States had a meeting extraordinary about it, who give for answer, that they cannot consent to a review, because the Fatalia were passed (which are 4. Months after the sentence pronounced, within which time the review ought to be desired.) But this being upon a Point extraordinary, to prevent Letters of reprisal, a second Messenger was dispatched, who returned with a Better answer, And upon the review is decreed to the French Commander 12000. Gilders more for damage, over and above the former 2000  
The French Commander recovered his Fraight according to Bills of lading which belonged to us the Fraighters, which was more than was due to them by Charter party by 910 l. Flemish, so that with what he had formerly received from us, and was disbursed for his account, He was indebted to us 1440 l. Flemish, for which (he refusing to account with us) we desired we might make an Embargo, or Arrest in the hands of those who were apppointed to pay him money, and in this request we hoped to succeed (because it might be a mean for them to keep something in their hand, which was a thing they love to do, as being in that kind naturally tenacious;) But in this neither were we prevailing, for they were resolved not to gratify the English in any motion, or at least durst do nothing against. the French, they telling us they could not permit one stranger to sue another, so the French man marched off with flying colours, carrying all away with him, as well some of our as his own money. And the English remained forlorn. And by what hath been here related, which is nothing but undeniable truth, it plainly appears we are truly unfortunate English Merchants.  
Our Goods were condemned as Prize, but as I have already said, they tell us not wherefore; they never declaring the cause or ground of their sentence, reserving that in their own breast; so that we are ignorant where the Gulf lay that devoured, or the Rock that split us: But by what we gathered by common discourse with persons in Zealand, and some Occurrences, we may guests it to be, because the persons claiming were for the most part resident in Portugal; for an English man that was passenger upon an English ship which they had taken coming from Brazil had Goods (being of no great value) restored him. And this is founded upon an Order or Edict made for their own people that none of them living in Portugal shall trade to Brazil without their licence, or if they do their goods being taken in company of Portuguesses shall run the like fate with them, and this was made for prevention of their Subjects colouring Portuguez Goods: ('tis evident we coloured no Portuguez Goods, claiming only what was consigned for our own account, and this by evidence of their own producing, and all was under 300. of 1100. Chests and Fechoes which the ship brought.) And say they, persons living in any part ought not to enjoy two Capacities or Privileges. To that we gave satisfactory answer, (Besides what his sacred Majesty hath been pleased to write on our behalf) That we enjoyed no Privilege the Portuguesses did, but resided in Portugal by virtue of the Articles of peace concluded between the Crowns of England and Portugal, and for such were owned and certitifyed by his Majesty's Consul. If they will have pass for Curant, that what Sanctions and Edicts are made by them for regulating their own people, must be obliging to the Subjects of other Princes, 'tis right Hogan Mogan; But the plain English of it is, That the King of Great Britain, France and Ireland, must not treat of or conclude peace with a Foreign Prince, or provide for the increase of Trade and privileges of his own subjects without ask the States of Holland leave.  
I humbly represented our case to his sacred Majesty and his most Honourable Privy Council, making a summary relation of what had passed, which his Majesty & their Lordship's taking into their consideration, did Order, that the Commissioners who are to treat with the Dutch Ambassadors, do insist upon our satisfaction, in like manner as is done in claims of any other of his Majesty's Subjects.  
I also represented our aggrievance to the Honourable Committee of Parliament appointed to consider of the Trade of the Nation, where I made out our losses sustained by the surprisal of the Ships Golden Sun, Experience aforementioned, (and two English Ships more taken by the Dutch a little after, called the Falcon, and St. John Baptist) to amount unto 8000l. star. But (like a bad accountant,) I omitted to set down the interest, which for 4. years at 6. per Cent. comes to 1920l. Besides which I have in the tedious vexatious suits expended 780 l. 12 s, 3 d. Flemish, besides what is to be set down for my friends pains who assisted in the solicitation, and I have endeavoured all good husbandry, having been sometime thought to be too penurious. And now may be seen the effect of the full assurance of expedition promised us, viz. a Suit of 14. months, (which if I had pleased might have been 14. years, I could have procured consent of parties,) and for the just judgement we should receive, our Goods condemned for Prize, but upon what score, subintelligitur. The French man's Ship which, by the Universal custom & consent (if not Law) of Nations (to say nothing of their particular Obligation) ought to have made free Goods, with 23. Chests of Sugar granted free, with 14000. Gilders for Damages.  
Thus Courteous Reader, I have done with my sad tedious story, and crave thy pardon for exercising thy Patience so long therewith, begging as formerly the benefit of thy Counsel. But before I take my leave I must speak one word in vindication of my profession (at least of my own particular) from an aspersion which seems to be cast upon it. There is a rumour flies up and down the world, that in this present conjuncture of affairs, the Merchants are great incendiaries to a War with the Dutch, and if there happen one, 'twill be called the Merchant's War, which I suppose is a great mistake; for to me it seems not rational for any intelligent Merchants to be forward to that War, the main dispute and decision whereof must be argued at Sea, the place where he is most concerned, and to the inconveniences and hazards attending such a War the Merchant of all other persons is most obnoxious. If any such Merchants there be, that are so Warlike, and promise to themselves great gain by Trading in troubled waters; I do declare myself to be none of them, I do confess I am for satisfaction for the unreasonable usage and injuries done my friends, and me: nay I have been, and am very earnest and zealous for it, I say I am for the Rem, but modum acquirendi I wholly submit to his Sacred Majesty (whom God many years preserve in peace) and his Great Council.  
Farewell. Edward adam's.  
FINIS.