NORTHWESTERN
UNIVERSITY
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FRAUD and OEPRI^ION
deteded and afraig\ied.
Or
An Appeal to the Tarliament of England
in a f hort Narative and Dedudtion of feverall Adfions
at Law, depending in the Ordinary Courts of Juftice in Bolland
^ Zealand-jhztwccn. diverfeSubjC(5tsof the Ifing of England:,
and the Subjects of the States Generall of the Seven
Untied Provinces,
Jf^ith feverall remarkable Qhfervatms anitiAnmadverfions
thereupon, hy the of 5'"-William Courten, 5''' Paul
Pyndar,S'''-Edward Littleton 4«^/WiIIam Courten
Efqutre deceafed.
Faithfully recolIe<5ted and digefted into a Method
by G. C. a Lover of his Countrey.
Whereunto are added
Some necejfary Advertifments concerning the improvement of
Navigation and T'radt,
Printed Anno Domini 1676,
To the Right Hond''' and Right JVor!"^'
The Lord z5\Ldjor of London > And the <tAIdermen
ds Common C<>mceU of the Citie for the time being.
O U were pleafed to fend a Lettet
of Recommendation, dated the
of Septemb. 1675* under your
Citie-ieal, to the Magiftrates of
zf\diddieburghy in my favour, de-
iiring their Lordships , to admi-
nifter Juftice with all Expedition, according as the
merits of the caufe required, promifng the like
affiftance, and dilpatch to any of their Inhabi-
tants , who should have occallon to profecute any
fuits at Law in your Courts of juEice, What
fiender effedis all your forcible Arguments (con-
cerning the maintenance of a good correfpon-
dence and commerce) produced, the abfl:ra6f of
the proceedings thereupon will shew. Notwith-
ftanding it was made knowm to the Burgermafters,
that there is not a parish in London , nor a Coun-
ty or Citie in England^ where there are not fever-
all Orphans , Widows and others (Creditors of
S'. Courten and S' Taul Tyndar] whofe Com-
plaints and Cries call aloud for fatisfadtion and
reparation from the Hollanders and 2/eaianders^ that
have taken the bread out of their Mouths. I shall
not make any long repetitions of the cafes, the fe-
verall a6bions and pleadings being printed at large
in French and Dutch by M'' fames Doeve and my
felf, 8c published to the whole World (being
neceffitated thereunto) for our Vindication in
^ 2 anfwer
anfwer to a mofi: fcandalous Book let forth by the
Sons &c Heirs of M'* Teter "Boudaen reflefting not
onely upon our perfbns, but upon the Judicature
of EngUnd ^ which the Lords oi ii5Adiddleburgh?x.
the Supream Councill ^tthc Hague have wronged
by theirerronious Judgements, contrary to Law
and Equity, & the praftife of all other Nations.
I fubmit the whole Matter to Your favourable
conftru^iion & interpretation: Craving nothing
more then Your good opinion, and juft refent-f
ment of the Cafe in a further recomendation to
the Parliament. It being of moll pernicious con-
fequence to all English men in their properties
who dayly trafficque into Holland and Zealand to be
retidred tenants at will (by fuch Prefidents) to the
Magiftrates of ZMiddlehurgh and iiAmjlerdam, As
to the Advertisments concerning Navigation &
Trade, I prefume they will naturally fall under
Your moll fcrious confiderations, having now the
fairell profpeds under Heaven from London , to
all forraign Parts.
And that all profperity and happinefs may at-
tend you and Your affairs in the Hono""^® Go-
vernment of the Citie under the moil Ancient
& Royall Charter fucceffively confirmed by the
Crown of England ^ (amongll the reft of your Vo-
taries) shall be the dayly prayers of him that is
B^gk Hono^^' &- Blgk
Your
Amfterdam, Auguft .
I 7 <5. humble & devoted Servant
George Carew.
To the good SubjeBs of
GREAT BRITAIGN,
More efpecially to thofe that live in the
Kingdom of England, under the Govern-
ment, and protedion of that Cvown,
Kind Countrymen.
T is not the defign of the Author (or any that claim under his
Letters of Adminijlration by publishing thefe folloHoing TSLar~
ratiVes andobferVations thereupon) to create any ne^o differences^
but to put a Period unto the Old^ and present the like incon-
Veniences and mifchiefs upon mijlahs for the future.
Islolp that the 'Reader may not lofe his time, or trouble him-^
—— felf in peruftng long difcourfes 'Without any pleafure or advan-
All things are contraBed into orders ^ aSis paragraphs ^reduced under three
^^^ds, and this fmall Volume into three parts.
The firft concerning particular adions at law depending between Englifh
men and the Subjeds of other nations in forraign Courts of luftice.
The fecond concerning Treaties of common Alliances, and Commerce
between Soveraign Princes and States.
The third concerning improvement of the trade ?nd navigation belong-
ing to great Britaign and the Dominions thereof.
So that eVery man may take his choice at Vacant hours to look into lohat place his
fancy and difpofition leads him to. In the fecond part there are fome Speculations and ani~
madverfions intermixt upon diVers feleci Articles of Peace and common Amity, that
recriminate the aSlings offome perfons and demonf rate the forgetfullneff of others.
When Charles dfing of Sweden had regained his lands and Cities taken from
his Predeceffors by the conquefis of Chriftianus ^ng of Denmark and Norway,
It 'ivas mutually agreed in a publique Treaty that all the Prints and fculptures of
triumphs and trophies, 'ivhich the Danes had in their houfes of the former ViSlories
againH the Sweeds fhould be brought forth and burnt before the 'Ratification of
the peace in the open Market-place , under great penalties for any concealments
that the Very thoughts of the Danifh ViSlories and Triumphs might be ra;^ed out
of the peoples remembrance. Tut the Hollanders haVe been fo unkind to'^ards the
Englifh fyphich fo often ajStfled them ) that I cannot omit in this Preface to let
you knolr hoh) they haVe publifhed feVerall books in Latin, French , and Dutch,
(yet publickly fold) TVith imprefSions of copper Plates and fculptures, many, lohereof
arefent into all parts of the World y pre fuming thereby to intail both reproach and in-
famy upon r/j? Englifh Nation for eVer. Hornius the Hifforian ProfejforofLty-
den, in his Took intituled Orbis Politicus laritten in the year i66^. fpeaking of
the forces 0/England, faith : De navali Anglorum Potentia nullum efle du-
bium, quippe in qua hodie poll: Belgas, Gallos & Danos C^eteris Gentilibus
funt ei fuperiores: hoc autem A®. 1666. prslio Maritimo a Belgis Foederatis
profligati, imperium quod praetendebant Maritimum amiferunt,
* * Another
Another Dutch Author in his Treatife de caufis Belli Anglise, primi & fe-
cundi, hath filled his 'Book'^ith many fcandals and inlfehiiVes againfl theKfigand
B{in^dom.
A third ipho hath l^ritten an Apendix to Cluverii Hiftoria Mundih not Sfant-
ing in hts Calumnies upon particular perfons and the Nation in Generall.
A fourth that "Writes in French, Le difcription Exade des guerres d' Angliterre
often CharaSleri:^eth the Englif h for thie)>s and Colpards^ and mentions a hraVe an-
frer that the States Embajfadors gaVe unto the d\ing and the Lord Chancelour
Hyde during the treaty A', i66t. Qu'en elfet les Eftats avoient fait pa-
roiftre devant le Monde 1' eftime qu'ils faifoient de I'amitie du Roy, & plus,
fi (hors d' efpoir j quelque inconvenients fe donneroient par la defaite deces
traitees il ne manqueroit rien a M''^ les Eftats pour leur defences.
Which the Hollanders do often boafi of^ and fay, it did fo terrifie his Majeflie^
that he prefently concluded theTreaty of Alliance ^ and ratified the fame on the fixth
of lanuary 166^. old file.
The prints of attackingQhsOitmi ^ and the fculptures of the ^.^orious ViBories
in the lajl Irariy are lately ingraVen at Amfterdam , in the year and hung
up in many Barbers fhops andTap-houfes'^hshich rendersEn^nAtohe as contemp"
tible and poor in fome mens eyes^ as the Hollmdevsareinjolentandfalfe mothers.
Who are not ignorant ^ that byfeVerall Generall Councells dfConftance, Piza <(s*c
England leas accounted the part of Chn^Q.ndom? the others Germany,
Frmce., and holy yallt^ays had due refpeSis for that littlelporldincompajfedlpiththe
main Ocean.^ in regard God and nature had from the beginning Great Brit-
taign for the JoVeraignity of the fea. The feven united Provinces "^ere not them
in Confideration ( whofe Land in the Extent, exceeds not Yorkfhire, and
Kent) that nolo hoafl fo much d)}er us , Since they hal>e Magnified themfelVs by
leffening others.^ and Violating the Lalps of Common humanity and gratitude.
Yet thefe are the good people, that at all times ,'fvhen they are pincht.^ and brought
under any necej^ity , or interrupted in their trade , call upon the S ubjeBs of Eng-
land for help., and cry out to the Parliament to fiand up for their Q^ligion and li-
herty, againjl the Enemies of r/'e Dutch protejlant reformed Church and State: Al~
though at the fame time the Hollanders are in ftriSl leagues and confederacies "tvith
the popifh Vrinces of Auftria and Spain, and in Combination ipith the^e^s and
Bagans to undermine the Ifing of great Britain and his SubjeSls in their trade and
plantations in all quarters of the Earth.
The oldiraririth Spain for Religion is forgotten, inter eft noTt> Goyerns thetrorld-, andfince
trade is become the religion of Holland, and money their God, no reafon or Conjcience
can take place againjl them in civil aAions ,yphere their tnterejl is concerned-, and in mat-
ters of State the French league yeith England againjl thofe Ifraclites Teas cryed doTen for
a papifticall defign.
lifter the lajl part Teith the Ohferyations upon it, there JolloTes the Authors Adyer-
tifment and Protejl in plain Englif h for his dammages, cojls and interejl ^ Teho doubts not
but to find Friends in England, that leill be friends to lufice for lujlice fake, and at lajl un-
deceive themjehs that haye beenfo long deceived by others.
Contrails laTefully made , cannot laTefully be broken • but if a coyenant he broken in a
contrail, the parties injured are left at liberty. And theWoW^indcss are as Tpell obliged to per-
form their treaties Ttith Princes » as they are prompt to break their Coyenants Tvith their
Subjeils.
I remain your Friend
Hague Sepcemb. 2. and Servant,
X 6 J a, c
To the
IN G S
Moft Excellent
MAJESTY.
The humble petition of George Carew Efqr. Admi^
nijiratorofthe Goods and ^battels William
Courten and S^. Paul Pyndar Knights deceafed.
Ajfigmi of S'. Edward Littleton Baronet, Bro-
curator & Ajfignee of the CommiJJioners appointed
to Execute a Comniifion under the great Seal of
England concerning M^. Courtens EJiate , on the
behalf of himfelf, and fe'veral others Proprietors
and Creditors, your Majefties good SubjeSs,
Shelveth.
Hat the Eafl-India Comfany of the ISletherldnds did in the
year 16 take the two Ships Eona Efpemn;^a and Henr^^
Eona Mventura of London with all their Goods and Mer-
chandizes ,upon trading Voyages in the EaJlJndies-^ andi
alfo all the Books, Contrads, Writings, Bills of Lading
and other Papers concerning the fame, contrary to Juftice
and Common right, which proved to the Dammages
of your Petitioner and other Proprietors one hundred fifty thoufand pounds
Sterling and upwards, as by the feverall Depofitions , Examinations and Re-
ports of the Judge of the High Court of Admiralty, and your Majefties Ad-
vocates General appears.
That in profecution of Juftice and reparation , your Majefiy was moft
gracioufty pleafed particularly to own the faid Caufe, in a more Efpeciall
manner in the Treaty A°. i66z. than all other Dammages of that nature, to
your Subjeds, in regard of the many fervices and Sufferings of S"^. William
Courten f S ^.Paul Pyndar and other Intereffed, that had lent feverall great fums
of Money to his httMajefy your Father ("of ever bleffed Memory^ atufuall
intereft, towards the ordinary Charge of the Crohtn, before the year 1640,
which remains yet unfatisfied; although moft part of thofe Moneys Cbelon-
ging to Orphans and "Widows j was taken up upon the Credit of the faidCowr-
ten and Vyndar,
/''"'That upon the humble addreffes of your Petitioner and Severall of the
other Proprietors, and Creditors in the year claiming under your Peti-
tiOnei^ adminiftration , Your Majejiy moft gracioufly appeared again con-
cerning the Danimages of the laid Ships, holding your felf obliged in Juftice
and Honour to get fatisfadion from the principall Offenders for the fame:
As appears by the orders of the Council Tahle^, arid Reports of the Com-
mitee of Lords , intimating the Merits of the faid Caufc to your Majefly ac-
cordingly.
That notwithftandingallthe'orders,proceedings andefpeciall grants, undere
the great Seal of England concerning the faid Ships, Goods, and Fraights,
the Hollanders do ftill pretend, they are not obliged to give any fatisfadion
for the fame, being made a debt incumbent, upon the Crolon by the laft Treaty
at London^ whereby eight hundred thoufand Vattacons are to be paid unto your
Majefiy by the States Generall j at four equal! payments; for which thtCrolpnof
Spain ftands obliged that they f hall be paid accordingly.
Tour Petitioner therefore moft humbly prayeth, that your Majefty ipoulA be mofi gracioufty
f leafed to aftign fomepart and proportion of thefaid Money, {payable to your Majefty
by the States) untoysur Petitioner ^ totmardsfatisfaSiion of the faid Dammages and t,offes
concerningthe faid Ships as aforejaid, or to grant him feme aftignment other'Spays to'
Tvards the fame. And upon the States or Spanjards non'performance, to permit your
Petitioner ivith the other Proprietors and Creditors to reprize their full fatisfaction by
the natural force of your Majeftics Letters Patents, granted for that purpofe.
And your Petitioner fhall ever pray &c.'
The Original hereof was Exhibited ^ ^ j j
at Whitehall, in the Mond of
June 1^74.
•K
Pag.i
Fraud and Oppreflion detefted and arraigned, in
a short Narrative,and Deduction offeverall Adions at LaWj
depending in the Ordinary Courts ofjufticc in Holland
and Zealand J between Diverfe Subjeds of England t
and the Inhabitants of the States Generall of
the fevcn U nited Provinces.
/ William Courten latC Of London , S'* Peter Courten
ljt^50i?otSer, ana John Money ofLondon^SEertfiiant, tt)ea25?otBetiti
3£ato, traaebtn <!rotnpan)a to moff patta of tlje too?ia, toitg a jopnt fiotfi,
fo| tjbe fpacc of 2f peat^ anb uptoarb^. tajfiicft trabe anb fiocft,
S" William Courten fjab one ^alf part, anb cacfj of tfie otfier ttoo a
fourtf). na^ereupon t&ep tooh up nianp great fummsS of monco at intcrefl,
J'n tjje Citp of London, anb clfctojjere, in Majefties Kingdoms, tofji'c^
nionep^ toere continueb in tf)e Ijanb^ oftfje faib gartner^ buring tficir
a^ tf)e proper bebt^ oftgcfaibCompanp, togicfjare notpaibor
fatip"fiebtotl)i^tinie.
Cfjeefjeifcf! part of tfic faib trabe, confijiing inl|olIanb^, ^paper^,
l^aniaph^, anb fo^raign ftlh flnnufactureg", tficre rtgin'reb ateap^
a great floch of monep^ anb goabjj to be abjoab in tfje fjanb^ of too^bmen anb otfier^, fo| tobicb
pnrpofe S". Peter Courten fetleb l)imfelf at Middleburgh in Zealand totojrefponb loitl) all tbe dfacto?^,
aBeaber^, f c. IBbere fje alfo bept tbc generall ®oob^ of tfje faib dTompanp fo| tfic tofiole trabe out of
England; anb John Money bbelDife bept tljc 25oob^ of tje faib €ompanp of all tfte trabe anb^Segotiao
tioiisS in England, togeteiii t&e goob^ of t&e feberal toarcljourc^ in London, toere biougSt into one journafi
anb great boob,
Sr- Peter Courten in tfje peat i <?5 o. bieb at Middleburgh, leabing d^epSein Peter Boudaen j^i^ fole SBye* A""®
cutojbjIjotoobpofreffioii'DfalltBe boob^ anbiSjJate ab?oab, anb cbargebfjinifelftoitbtbearcountsSof
tbe faib Companp, tufjerrin Sr. Peter Courten ffoob inbebteb unto tfje generall ^totb at tljetitneof^i^
beatlj tlje ftmim of 12 2000. poimb^ Sterling anb uptoarb^, tfte mofl part tobereof being fo| monep^ taben
up at intersjr in England a.S aforefaib, upon t&e Companies account anb reniitteb to bint acco^binglp,
John Money, toitf) Margaret fjf^il9tfe (JIEotbcr of tbc faib Peter Boudaen) arribcb at Middleburgh at
Eoudacnsbottfe, tobttb^t tbcp toentpurpofelp in tbe pear 1631. tnitb tbe2BaIIantc oftbeboob^beptin
England, to liquibate anb fettletbeacconnt^oftbeCompanptoitb tbe faib Peter Boudaen (tbe onelp (bn of
tbe faib Margaret bp Matthias Boudaen btr firjl bup'banb) tDberetbcfaib John Money, after bcbnbabban!'
teb bcrp fair in tbat toajb, fell |icb ofalEetbargie, babiiig mabe bi^ laft i©ill anb Cc|iament (a#i^
pjeteneeb) on tbe i7.of<©ctober kj ?!. bieb tbe bap follotning, intobicb toill anbCeflament Sr. wil-
liarn Courten aubtbe faib Peter Boudaen toere iiotninateb €recuto?sS, tobereintoasi alfo mentioneb to be
giben tbe futnm of 4000. ponnD^ Sterling to tbe €bilb?en of tbe faib Peter Boudaen, libetoife 4000. pounb^
toSr. William CourtensiSrbilbien, anb 4000.pounbdto Hefter anb Sufanna de Wyer (tbeib'lb^enof John
Moneys onelp ^ijler) bi^ l^epr^ atfCato, tbe JSefibncofbl^tiEjlate to Margaret bi^ l©iboto, afterfoms
(mall Eegacie^ to tbe€burcb anb poo?, f c.
Peter Boudaen fent tbe faib l©ill into England , tobcte S'. William Courten on tb® itJ.ofSfuIp icija,
erbibitch tbe fame, in tbe pjerogatibe-Court, anb mabe p?obate thereof in Common JFo?m , tbe
Court ttfetbing tbe libe potoet fo? tbe faib Peter Boudaen. dSebertbelef^ S^. William Courten left tfje ltb«
minijlratien to Margaret tbe iBiboto of John Money, tobo folb all tbe<!5oob^ of tfjeCompanp in bee
otanname, tbat toere in bercnflobp, anbreceibebtbemonep^ fo? tbe fame, anb tbebebt^ (lanbing out
fo? tbe CompaniesS goob^, folb bpber b«pbanb, anb temitteb4ooo,pounb^tbereofnnto Peter Boudaen
Jer foil fo? tbe ILegacie^ giben to bi^ Cbilbjen bp J ohn Money a^ aforefaib,before anp Debt^ of tbe faib Com»
panp toere paib, tobieij toa^ not latofull fo? bet to bo, 0? fo? Boudaen to receibe.
gintbepear# 1633.1634. anb Peter Boudaen fent fome partof tbe Companies
ab?oab, unto bi^ liBotber in ilFlemi^b anb Hollanb 3Eincn, in bi^ oton name upon a particular trabe,
anb befireb bi^ mother tbat particular booft^ ^bnnlb be bept thereof, tobicb toa^ bone accoibinglp, bp
James Boeve bit fecbatit, that bab libeb toitb John Money anb ber felf ebcr fince the pear 1628. ®be
goob^ in that particular trabe fent into England amounting unto the furamof 16000. pounb^ Sterling
03thereabout^, toa^remittebiromtimetotimebpiBill^ofCtcbange unto the faib Boudaen, apbp tf^
ballance cftbe account^ in Mr. Boeves ©inbication appear^.
s\ William Courten babiiig ufeb all bi^ cubcabour^ to ffate the account^ of the Companp toitb Peter
Boudaen, being betp fenfible of the Companies bebt^, bieb in much fo^roto anb griefin tfje peat 1^3 <5.
before the account^ toere liquibatcb, at tobicb time S'. William Courten floob inbebteb to feberall petfon^
^ upon
7 Fraud and Oppreflion dcte£l:ed and arraigned.
upon tfjeCompank^ account tfie fumm ofydcoo.pounD^^terlins^ anti unto ot&er^fo? tte fumttiof
y4<soo.l.uponotonproper account,beftDe^ jjeoo.l.tliatS': PaulPyndarljaiJlentl)ini intfjepear icsy*
upon f)is! oton atiD fon^ ^PUgation^. S'^ William Courten fjabuig erpeuDeb baft fumm^ of moiien
fome pear^ before {)isS Deatfj in CrpeOition^ to tfje 25atbaDoj?, tofficlj fiefirfi Oifcobereb, fojtifieb, anb plants
eb at W a^a pppcc Coft^ anb €()arge0, anb tgeu tea^ taben from f}im, anb Ift^ planter^, bp fojce anb
biolence, fjtfi <©fficer^ anb ^ecbant^ murtfjereb anb fpoileb, unber colour anb pretence of a rig^t anb p|o»
pertpin tlje late Earl ofCatlifleanb^iiS abljerent^, contrarp to all jufltce anb common rigf)t, U^alfo in
anotfjcr goobentcrpurcb3Uf)Capt.JohnWeddalI, Capt. Natlianael Montney,Elidimion Porter, rhomas
Kynafton, anb oiftcr ^participant# to India, China anb Japan, bjfjerein feberall ^&ip# > dfactorie# anb
fJore-ljoiifc# bjere fpopleb bo ttfe «£aft-3inbia €ompanp of t!)e Netherlands to tfte further bammage#
of Courten, aiib tji# dTteDitoj#, anb tfje reft of tf)c ^jopjieto?#,
William Courten gabuig left fiM onelp ^on anb l^ep? William Courten Ji# fole dErccutoi, 6e tooft
upon ^im tlje €recution of bi# dfatber# totli, nottoitbftanbing tbe great bebt# refting upon tl)e<£ompanie#
account, befibe# t)i#dfntber# otun particular ingagement#. (CfienPeterBoudaen fent lacobPergensinto
England to afTifl auD abbife Mr. Courten in f)i# affair#, o? to iutreague fjim into fome action# anb account#
to Bi# oton p^ejubicc, iBbfteupon be lent bi™ tbe fumm of »> 11, pounb# 18. f#. out oftbe monep#
refting in England upcnBoudaens particular trabe, fo|tobicb Mr.Courten bib on tbe s.ofliigufi
gibe a bonb m tbe penaltp of 3000, pounb# fo? papment of tbe faib monep unto lacob Pergens, tobicb bonb
tea# talmiinttnfIfo?cbenfe ofBoudaen anb biSUI^P?^> a# bpa?^etIarationunbertbebanbanbfeaIof
lacob Pergens betcafter appear#.
I(S37. Sfll tbe pear 1637. Mr. Courten fent a ballanCC of tbe boob# bept in London unto Middleburgh j
toberein it appeareb tbat Sr- Peter Courten, anb confequentip tbat tbe faib Peter Boudaen bi# €rPCUto?
floob inbebtcbto tbegenerall floch tljefummof 121159. pounb# J&terling, mofi part tobereofbeingfo|
monep# taben up atintetefia# aforefaib bp S'-William Courten anb John Money, anbremittebbp®in#
ofiiErcbangetotbefaibSt Peter Courten, tab" 6ab contrarp to bi^truflbougbtfeberalliEati-anb n&efl-
SEnbia 3tction# toitb part oftbe faib monep, anb erpenbeb more of it, in builbtug great l|onfe# at Middle-
burgh, tobicb are cnjopeb bp tbe J>on# anb l|cp|# oftbe faib Peter Boudaen. iSottoitbflanbingtbebebt#
oftbe Companp ace pet fianbing out, anb tbe account# oftbe €ompanp flill ftanbing open.
9jn tbe faib pear i637» lobn white tbat tua# a Cafbier to S' William Courten abbEcffcb b'mfflf irt
toap ofd^Sarciage to HefterdeWyer (tbe Jiicce oflobn Money) unto tobomaltegacp of 1000. pounb#
toa# giben a# aforefaib, a# alfo tbe libe Stegacp unto Sufanna her Sifter, tobofe (iSflate toa# gotten into tbe
banb# of tbe faib Peter Boudaen. i©bereuponiobn White bemanbing of fomejFrienb#, betobe#boulb
come bp tbc|po?t!on, in cafe be #bou'C' matrp toitb tbe faib Hefter j David Goubard, tobo toa# l©itncf# to
Mf- Moneys Will, anb bab been afBoobbtcpcc to S'- Peter Courten, abbifeb M'. White to mabc a #beto of
qneflioning tbe faib Will, anbtbeinbentorp of Moneys dEfiate, tobicb be bib accojbinglp; tbcuMr. Bou-
daennfeb all mean# poffible tobjeabofftbedllSatcb» tobicb b® coiilbnotbo: foaniCrpebienttoa#fonna
out to pap tbat 3tegacp toitb intereff: tben tbe bifputc re(Icb (pro tempore) toitbout fnrtber pjofecution.
. o lames Boeve .jBarcicb toitb Sufanna de Wyer, tbc otber differ, tiot boubting but to ccceibe tbelifte %e*
gacp, anb portion of 2000. pounb# toitb intereff, tobicb bia# giben bp tbe faib lohn Money, o| ffjappoint"
cb intbcfaib toill: but Peter Boudaen refufcb to pap tbe fame, pjetcnbing tbat be bab none of Moneys
dEffatc in bi# ftanb#, 1103 bab intermebleb toitb tbe fame a# <£Ejrcciito| o| 3fbmintffrato| , anb fo not
liable bp tbe 3£ato# of England to tbe faib^tegacp, tobere tbe i ©ill toa# eybibiteb, anbMt' Courten
bifclaiming tbe fame, affirmeb tbat Boudaen toa# a great bebito? to tbe generall ffocb anb to tbeCrebito?#
oftbe €ompanp, anb tbecefore liable to tbc Debt# anb SCegacie# of S'- Peter Courten anb lohn Money.
^11 tbc Btontb of July in tbe faib pear 1(538, Mr»-Money babhig folb all tbe €ompanie#ooob#, re=
ceibeb monep#foi tbe fame, anbbifpofebtbeteof toS'-William Courtenaub»©tber#, #betoentto Middle-
burgh to etib ber bap# toitb b®® ^bii Peter Boudaen, tobere #be bieb in tbe pear i«54o,
William Courten litbcaboring to pjcfetbc tbe crebit anb reputation of bi^beceafeb Jfatbec, SEbminiffrcb
bi#itl:ftate fome pear# after b<^ beatb, in tobicb time b® bab perftoabeb tb® late Earl of Bridgwater anb
Si^- E d ward Littleton to be bounb fo? 120000. pouub# Jbtcrliug to bibcrfc perfon# in tbe Citie# of London
anb Weftminfter, tobctc tbep bab bjapneb all tbe ^cribener#, anb ©jtober# about tbc dBjccbange, fo? tbe
faib monep, tbat toa# emplopeb totoarb# papmentof pactofSr- WilliamCourtensbebt#, anbtotoarb#
fettingfo?tb morc^b'P^ fo?tbeEaft-lndies,china, anblapantofupplptbeilFactotie#tbere, ttoo^bip#
ej- talleb tbc Dragon aub Katharin being rict)Ip laben, anb ffrangelp loff upon tbe €oaff of Snbia.
Anno I 4 2 Edward Littleton being p?effcb bp febcrall oftbe Crc bito?# fo? papment of tbe bebt#, William Courten
■ on tbe 26.of SCpiill i<S4 2, granteb anb affigneb to bim anb bi# l^ep?# bp bccb inroHeb in dTbanccrp, all bi#
mamio?#, lanb# anb tenement# in tbe€ountie# of Worcefter anb Gloucefter fo? tbeinbempnitpanb
counter fecuritp ofS'-Edward Littleton anbbt# Hep?#, againff tbe bebt#: SEnblihetoifcall fti#ffocft anb
^b'P# in tbe Eaft-lndies fo?tbe more fpecbp anb certain papment tbeceof, ^oon after, S'.PaulPyndar
cacnefflp pjeffing M'Courten fo? tbe fumm# of 24800. pounb#, tbetcmainber cftbat monep lent to bis?
dFatber a# aforefaib, Sr. Edward Littleton anb William Courten bib bp an Sfnbenture tripartite bearing bote
19. of ©ecerab. i6^t. grant, trangfcrr anb affign tbe ^bip#nameb tbe Hefter anb tbe Paradox anbaff
tbrir #bare anb p?apo?tion of floch anb JIBercbanbije# tbecein, a# alfo all tbeirffraigbt# goob# anb floch
infeberall otber ^bip^ fet fo?tb upontrabing bopagc# to tbe Eaft-lndies. dSebertbelef# unber certain
conbition# anb p?obifoe#, tbat tbe faib 24800. pounb# fboulb be fati#fieb anb paib bp feberalip?opo?tio>
nable
Fratid and Oppreflion dctefted and arraigned. j
baMcipapment^upon return^ oftfje faia^fjip^ (viz) out oft5eHefter4ooo.poun&^, outoftJcParadot
2000. pounD^ J out of tjje Bona Efperanza goeo. pOUnD^, Ollt of tj^e Henry Bona Adventura jyoo. out Oftfi*
Planter f 800, poiiuti^ g out of tfjs Loyalty yooo .ponnDs?, aub out oftfje^fiip Unity iyoo. pounb^, anb tfje
^urplu^ to be bifpofeb bp Edward Littleton aub Iji^ > totoarb^ papment of tt)e faib bcbt^ fb|
toSicb poof iuflaseb g a^ aforcfaib,
Cfje ^fjip Bona Efperatiza aub ^cr tabjug toa^ fo?tiWp tafeeti bp tfje ^fficer^ aub USan'netjJ be* isxt;
longing to tfte <$ajl-SHnbia Conipanp of tfte Netherlands , in bet paffage bettoeen Goa anb Maccao , aub
tarrieb into Batavia , anb ttjcre toitljout anp p^ocef^ at Hato, tonberteb to tl)e faib Companies ufe to
the ©ammage of Sr. Paul Pyndar, S'• Edward Littleton anb ttje <ffrebito?i^ > tlje fumm of 7 5000. pounb^
Sterling anb up'coacb^. 3Jnb in tfte fame pear tbe^bip Henry Bona Adventura toitb ^tr labing coming
on gtounb neet tfje 3 jianb Mauritius , toa^ tahen into pofleffion ofttje faib €ompanp, anb alfo conbertcb
to tbeir life, to tbe ©ammage oftbe fcbetallgerfon^ inteteffeb anb concetneb tbtcein, tfte fumm of
1 2000 pounb^ o| tbereabout^.
Sfntfjt fame pear 1^43. William Courten abfenteb btmfelffrom bMCrebito?^, anb becamemfolbcntj
anb toa^ aftettoarb^ beclareb to be23anchrnpt in tbe JlHontl) of^^eptemb. 1643, toitbin tfje intent anb
trtie meaning of tbe feberall ^tatute^ in tbat cafe mabe anb piobibeb, a^ appear^ nnber tbc banb^ of lames
Winftanley, George Cotton anb Thomas Bayles (ZEfguire^, Anthony Boys, Richard Norton anb Gervas
Billiald , '^Tomiffioner^ appointeb imber tbc great fcal of England , to (lEretutc tbe Comiffion atoatbeb
again jl tbe faib WilliainCouttengrounbeb upon tbc faib ^tatnte^mabe concerning SSancbrupt^,
lames Boeve finbing no appearance of monep in England, applnebbimfelf to Peter Boudaen in Zealand foj
tbe faib 3legacp tobo bab Mi^- Moneys cCjiate in bi^ banb^ 5 nnf Itaib bi^ action feberallp againfi b'm before
tbeJIISagiftrate^ of Middleburgh ,tobo abmitteb Boudaen to bjing all tbc i^rception^ tbat coulb be (in pleab*
ing tbe 3tato^ anb Cnflom^ of England, hsbcre Me Moneys i©ill lua^ erbibiteb bp William Cour-
ten) to abopb Mt. Boeves pjetence, tubo hept in p^occfiS manp ||ear^ together to bi^ great ©^iefaance
anb4£rpence, before anp fentence coulb be obtaincb, bobieber Boudaen appealeb from tbe fame to tbe fn»
pjcam <i!ourt of Slubicature at tbe Hague , toberetbe caufe i^flill bepenbing upon further beration^ anb
bilatorp p^actifejS, anb p^oceebing^ of Boudaen anbbi^^onn^, to tbe mine of Mt . Boeve anb bi^ ^a»
milp, bp neglect anb lof^ of bi^ €omifrion^ anb otbcr cmplopment, to folloto tbe faib ^lotefi^, a^ appears
etb at large in Boeves piinteb vindication.
William Courten tbc lgep| anb ^rccuto?, being fo iubolbeb in bebt^ of feberall nature^, confnlt^
p?ibatelp taitb Mr- lohn Rushout anb otber particular frienb^, boto to P?efcrbc fomtbing ab^oabfiom
tbe rcacb of bt|S <ffrebitoj^ (if poffible) fo| maintenance of bimfcif anb bi^ familp. Stub in o^ber tljeres
unto, firjlmabea3tettcroflttnrneptaitb anaffignmenttolacobPergensofAmfterdambatcbtbe?'.of
©ctober 1643. tobereini^ reciteb, tbat lubetca^ Sr.lacobCatts of Dorr, late J^enfionari^ of Holland,
flanb^ inbebteb unto Sr. William Courten in a bon& of 3ooo .pouhb^ Sterling bateb tbe zp.of 3[ulp 1*13 i.foj
papmcnt of 2080. pounb^ on tbe' 1 of JFeb ^narp foUotoing; 3tnb tbat tbe faib Wilham Courten being ins
bebteb to tbe fapb lacob Pergens fo2 a great fumm ofiiKonep^ be mabe^ obcr tbe faib ©bligationanb
bebt of sr lacob Carts unto tbe faib Pergens, tobo fraubulentlp recobereb tbe fame febcn pear^ after tfie
beatb of William Courten anb bi^ labp, b^f taftcr i^ mentioneb.
William Courten mabeanotberlEetterof^Ittnrnepo? ^jocuratfon unto tbefaib lacob Pergens, ontbe
27.of©ctober before lohn Mauriuspubliqnc^otatp in London, reciting tbe 3toffc^ anb ©ammas
ge^fuilaineb in tbe ttoo^bip^ Bona Efperanza anb Henry Bona Adventura, anb tbecein gibe^ a p^ctenbetJ
potoer anb Hlntboritp to tbe fapb Pergens to recober anb receibc tbedllSoncp anb©ammage^ of tbe<JEajI-
S[n0ta Companp of tbe Netherlands, oj to compounb toitb tbem fo? tbe fame, fuppofing tbat neitber
Sr. Paul Pyndar, noj Sr. Edward Littleton bjonlb come to tbcbnotolebgetbereof, being fequefireb anb ins
f nmb?eb in otber affair^ anb bebtsi of tbe Croton. Hnto tbi^ ^locuration toere toitneffe^ .Maurice xhomp-
fon, anb lohn Rushout (a^ appear^ bp tbe Uegifler of tbe faib diotarpj VDbop?ocuteb|etter^fromtbeIate
3tong Parliament , tO Mf' Strickland anb ©therein Holland in fabour of Pergens.
William Courten babing abfconbtb bimfelf tb?ce pear^ in tge SOrmie^ of tbe King , anb tbc Parliament, 1 6471
refolbeb to bepart tlje Kings Dominions , anb enb b'^ bap^ in Italy ; but before b^ bopagc, be 006
fame monep^ fo? b'^ fubpo?t of Mr. Daniel Harvey, Mr Thomas Coppin, anb otbec^jUntO iubombebab
p?eingageb bi^ Itanb^. ?ilnbtbenbemabeanotberp?ocuration, hjitbanaffignment, unto tbc faib lacob
Pergens (bateb io .of©ecemb. i<S47.) of all b«^"g6t anb interefiin tbe faib ^b'Pi*BonaEiperanza anb
Henry Bona Adventura, rcctting ttje particular^ of all tbe ©ammage^ amounting unto tbe fumm of
8 5000. pounb^ Sterling 0? tbcreaboui^ j anb tbat be fcua^ inbebteb unto tbefaib Pergens a great fumm of
monep (fc, Cb® iBitncjfe^ to tbat P?ocuration toere leremy Whitaker anb George Gawton, ap bp tbe iSe*
giper of lofua Maniett dSotarp in London appear^.
Sr Paul Pyndar anb William Toomes coming to tbe fmotolebge of tb«fe fraubulent p?attifejS, appear* i<?47.
tb before tlje fapb lofua Maniett on tbe ".bap of ifeb?uarp 1647. ©ngli^b ftHe, tobenSr Paul Pyndar
mabe a p?ocuration tolonas Aheels j®ercbant of Amftcrdam torccober anbreceibe tbe faib monep^ anb
©ammage^oftbefaib'Ca|I-91nbia€ompanp, belonging to bim, concerning tbe faib ^b'P^ Bona Efpe-
ranza anb Henry Bona Adventura , anb tbeir Stabing, a^ aforcfapb: toberennto toere i©itneffC]^ William
Toomes anb Richard Clay , a^ bp tbe Stegi^er of tbefbib d^otarp appear^*
William Courten ioitbin feto bapjS after arribeb at tbe Hague in Holland, anb on tbe »7«of JFeb?tiarp i<y47*
^ elb
^ Fraud and Opprefliondeteded and arraigned.
olb fiile, 68 mabe anotfter pjetetibeb Hffianment, anb ©ill of ^ale, to tfie faib Jacob Pergens befofe
Solomon van der Heyden, publtch d^otarp, beclating tfterein a boUnitatp;confeffion, tftat ife 6ab mabe obec
anb ttailfpo?teb unco t^c faib J acob Pergens, all fuch right and adion as appertained unto him the faid Wil-
liam Courten, from tt)e«iBa<l-S|nbia Companp of tfte Netherlands, concerning tlje faib Bona
Efperanza anb Henry Bona Adventura anb tfteic labing, unjufllpfeijeb anb taften atoap toitlj allcfieletter^,
SailW, 25ooM anb i©?iting^ from t^e Cape JlScrcSanr, jjaafter^, anb Jiaarinct^ of t^e faib ^ftip.^ in tlje
^traigbt^ of Malacca, anb ntct tlje Sflanb Mauritius, bp t6e anb of tftt Dutch €ajt-9inDia
Companp. i©t)erein toa^ further msntioneb a potoer, anb Int^oritp, fromtbefapb Courten to Pergens
toconipoinib anb agree tnitlj tfjefaib€a|l-3[nDtaCompanp, a^ De^ftoulbt^inhbejl, anbmolifctting,
anb to rcceibe tfte p?oeeeb thereof, inpapmenC ofbjbattoa^p^etenbebtobeobjing, to tlje faib Pergens.
Prer/idfd tftattSefanO Pergens ^boulbpaptjefiirplu^ to to^omfoeber j^Jonlb Jabe t&e rig()t tfterennto,
to6it6acctoa^iinbe'rto?ittenbpbot6partiesJ,in tje p?efence of tftefaib d^otarp anb ttoo J©icneffejS btj*
Dominique Colien anb David Goubard, bp tfte iltegijier of Van der Heyden tge ^Otarp appear^,
- 5 Jonas Abeels gabhig receibebtgefaibp^ocucation anb inbentiire of affignment from S^- Edward Lit»
' tieton anb William Courten to s^- Paul Pyndar, toitft iiifiruction^ to pioceeo thereupon, tfe mabe feberall
fnfinnatioit^ of fiifi qnalitp, anb S'- Paul Pyndars inttre|l, anb lihetoifc biberfe arreff^, in tge Jliaontft
ofdHaap i<S48.toit6interbiction^, anbpjoSibition^, tftat tfie Direftors of tfie faib Companp^Joulbnot
babe alio Communication o? bealing toitb tbe fapb Pergens, o? pap gimanpnionep concerning tfte faib
^bip^ anb tljeir labing, a^ bp tfte feberall act^ oftbe publicb .i^atarie^ anb mabe at tbe
Cbamfacr of tbe Catl-^nbia Companp in Amllerdam, anb bp tfte Diredors oton ^Setoing more pars
ticularlp btteaftet m«ntioneb»
Direaorsoft6eCaiI-3!nbiaCompanp, nebertbelef^ being tnct in aCommittee of febenteen,
at tbeit Ctjambec in Zealand, tobereof tje faib Peter Boudacn, bjotber in ItabJ to tbe faib Pergens, being
one, be pjocureb tgi^ agreement follotoing, to be mabe at Middleburgh on tbe i s, of ^eptemb. 1649,
^ Copie of the Inftrument of ^Agreement between the
Dire(5tors of the Eafi-India Company of the Netherlands
and Jacob Pergens, T ramlated out of the
LolO'dutch.
Hcrcas there are differences arifcn between the honoura-^
ble xhtTJinSiors of the licenced Eaft-India Company of the
Netherlands of the one part, and Jacob Tergens and 'David
Goubard as well for thcmfelvs, as alfo having procuration
from the honourable William Courten^^nd Others intereflcd
in the faid difference at London on the other fide, concerning
a certain Ship named the Bona Efperanza y taken in the year 164.3. neer
the city oiMalacca by the Officers and Minifters of the faid Company {for
Jontereafons moving thereunto^ with the laid goods laden therein : As alio
feverall goods out of the Ship Henry Bona Adventura happily driven upon
the Island and from thence brought to ; Now foit is,
that the oHoxtizid JacobTergensz.i\dGoubardoiXi\\e<^tntrx\\Affembly ofthc
Seventeen to make an end of the faid pretentions , efteeming the faid
pretences at looooo, gilders, and hearing the offers oh\ve Ajjembly yto^vfc
70000. gilders, they fubmittcd the other 30000. to the faid Ajjembly^ fo
they adjudged by thefe prefcnts, to the laid ^Pergens and Goubard for all
their faid pretentions, and dependencies thereof, nothing refcrved, the
fumm of 85000. gilders, under that condition that they muff give good
caution for all after Demands.
All which being heard by thefaidF^r^fWJ- ^ndGouhardy theyconfcntcd
& accepted thereof, {bondfide') without any diflimulation, and hereof were
made
Fraud and Opprcflion detefted and arraigned. ^
made two fevcrallafts, which were figncd by both parties at
va Zealand i iS.ofSeptemb. 1649.
And wasfubjcribed with thefefever all names
JacobPergens. J.C.Hayman. 1^49.
David Goubard. Jacob Roch.
P.Boudaen Courten.
'P. Carpentier.
Pieter van Santen.
*yldrian Befemen.
Jan Vaerickfz.tyPbbekerck,
HerckeJanjh.Noonlant.
■Whereupon JacobPergens gave a receipt forthefaid Money amounting
unto 14166. 1. 13. sh. 2^. Flemish which was about 8000. pounds Sterling i
and Peter Boudaen Courten gave an Obligation to lave the Company in-
dempnified from S^- PaulPyndar , & others.
Jonas Abeels tftcti futtimoneb t{)c Direaofs of tlje (gafl-5n&ia 4tonipanp, Defbre tfie Schupens 0? Judges lefo'
of Amfterdam, atitJ totitlubcb in f)i^ i^;ocEf^, tl)ac tgt fait! Direaors ^Joulb be conbentneb to pap tlje
faib Syooo. gilbert, in rigbt of Sr Paul Pyndar, relating oneip to tjie yjoo. pounbji aforefaib, atTisnEf
upon tiiofe tino »Computing tl)at toitij reafonable intereft, it mig&t arife to tfte lifte fumm of monep,
attljat time. (Cbentlie Direaors fummoneb tfje faib Jacob Pcrgcns, anbtfje faib Peter Boudaen, toin»
bempnifie tijeCompanp from Pyndar. IBut in regatb of tfje multitube of caufe^ ufuallp bepenbing in
tourfe upon t|ge ojbinarp 06U in Amilerdam,no i&tranger^,after tgeir fir^ infiance, can be tjearb in fubge*
ment fo? febetall pear^. 3Intbe mean time S'-Paul Pyndar bieb, tfien Jonas Abeels bieb; afterinarb^,
William Toomes, tlje <t£itecute?ofS'-Paul Pyndar, bieb: fotfiecaufeabating, tfietogole^ammage^aiib
iPemanb^ re^ebin 3(bepance, imti'l tfje Kings mo^ ijappp ceftauration.
Severall fpcculations of the Creditors, with
fome animadvcrfions thereupon.
OLOMON faith that patievce u a vertue. oppreflon makes
the wife man mad; So that wisdom and patience, in fome cafes are
inconffient and cannot be reconciled.
Before the Law efPropertie there was no theft, all things were then
in common. ItwasnevertheUfnaturall, when any man hadthe fruits
ofhts Labour, taken out ofhtspojjejjion by another Man , he would take
as much again from the party, when be found opportunity to do it.
1 he Learned Writers of the Roman Laws affirm, that Juflice delayed, is Juflice denied, and
that Strangers arete berelkvedby fummar ways of proceedingto aveyd lolSoftime, after their
firjl Dammagesfujfered.
Its decreed in thefacred Written Law, that they which take away any thing wrongfully from
another, shall refiore fourfold , which imply eth the Dammages fu/lained , for want of that
which was taken away, and the cefls in feeking after it. And there can be no abjolution, or peace ,
hut upon rejiitution, (where the Ttrfons are am) and fat is faction given to the party s injured.
Oppreffisn and unrighttousntf, hath made the Land Mourn • A mboyna was lately shaken
with Earthijuakes, and Barbados vijited with Hurricanes: And Batavia anciently called
Jaccatra (^when the English pojjeffied it, and had a third part of the fficctrade by covenant)
will, in due time, fink under the burthen, and fpoyls of other Nations; The iniquities of one
Age will certainly fad upon the Jucceeding generations. Foundations laid in bloud cannot long
continue.
B Moneys
6 Fraud and Opprellion deteded and arraigned. »
& Jiaple Goods drawn out Kingdom, into another Land without atcount ^
turns to a double prejudice in lejfning the power&ftrength of one countrey, by magnifnng another j
in parting with weapons out of their own hands, ( Moneys being the nervs & finews of
peace &warr.)
The Hollanders hold it for a Maxim, that all the world is a cheat, & therefore they will
have a hand in it.
The fews, & other Renegado's, being a third part c/Amfterdam, fay, they muf live by their
Wits, their Land beingtakenfrom them & laid waft & deflate, for the wickedneft abe-
minations of their For fathers. They hold it no fin to cheat Chriftians; And will ujually pick their
pockets of their watches ^ money in the Synagogue, even at the fame time when their Rabbi's
are reading of the Law.
T is generally obferved, in all Forraign parts of
the world, that Englifhmen, who are molt tender
of their own Laws, liberties, & properties at
home, are as carelefs of their Rights, Interelts,
and Priviledges abroad: fome fad Examples
whereof are briefly demonftrated hereafter in this following
Narrative.
James Boev^ an Englishman, Jiabinjj ntartieb tDl'tfj Sufanna de Wyer afotefato, one of tfie ^feec^ anil
l^eir^ of John Money, fintimgnopoffitiililpofBettino Ijer <l2flate, in England, cemobcO from tijence to
fettle fjimfclf in Middlebui^h.tofjerejje built a jjoufe, aniJ SSnfjafaiteO therein tfjefaibCitp, p^efuminflto
set eypeOitionofSIufticefoonet tfterc, asainfi Peter Boudaen, the futbibing tfEjeecutoi of John Moneys
then he ^houh> bo, if he continueb a Stranger: toherein he toa^ much miflahen, a^ it fell out In the pjofe*
cutlonofhi^'Z^emanbji,
S'- William Courtcn Being bea& , ant) Margaret the ISlboto of John Money alfo beceafeb , William
Courten the fole sEycctito? ofSr William Infolbent anb fugltlbe j ®he faib Boevelcfttolthout anp other re*
mcbp, complalncbagamfi the falb Peter Boudaen in the P^erogatibe-Court, tohereheobtalneb feberail
Citation^ s IIDanbate^anblCettcr^requifatorp, blrecteb to the falb Boudaen $ the Magillrates of Middle-
burgh In ojber topioture an appearance from the falb Boudaen to tabe upon him the further execution of
Moneys bJlil, 0? ^heb) eaufeiBhp2tbminl(!ratlon ^houlb not be grantcb (tolth the IBlll anncreb) to the fmb
Boeve in right of hl^ toifc ® her onelp daughter: tohlch tna^ rejecteb bp the Magiflrates of Middleburgh,
b3ho infifleb upon the Cufiome of theCltp,that no®urger phoulb fue hiil feUobJ-Citijen before anp forraign
jublcature: but fo? tohat Boeve hab to fap agaiufi Boudaen,thep o^bereb him to bjing h'^ action before them,
a^ ht^ competent jubge^; tnhich he bib acco^binglp; tohere Boudaen hja^ abmitteb to panb fencing upon hi.S
Buarb f ^h'fr^ fo? feben pcar^ together, p^etenoing he toa^ no Cjccutoi to Money, that he hab alfo abaii*
bonebhi^JIBothcr^Cfiate, ffonotanptnap^Ipable to the Stegacp bp the 3£ato^ of England , baheretije
IBill tna^Ci^hibiteb, $ Moneys Cflate abminifireb: anb that he tije faib Boudaen tjabnot intermebleb
therein a^aforefaib,
John White $Hefler being info|meb tohat ebafJon^ the falb Boudaen hab mabe, concerniiig
Mt Moneys j©iU,hi^Cjiatc, a^alfohi^bcbt^$ Ecgatie^ ; 3finbhabingfufficicntgrounb^ anbreafonji
to fufpcct that Mrjohn Moneys iBilltoa^fo^geb anb inbalib 5 (Chepentreb thelijl, anb tooh up the guar*
rel (de novo) tohercupoii thep p?ocureb iihetoife feberail Citation^,Jllanbemcnt^,f|tetter^reqnifatorp,a^
SPnhabitant^ in England, out of the Prerogative-Court ,tohtch tocre all eyecuteb in bue fo^m anb manner for
fnmmoning thefaib Peter Boudaen a^ the furbibing Creento? of Moneys i ©ill, Crhih'teb in the Prerogative-
/ Court a^ afrirefaib, to p?obe the fame bp ©itneffe^, anb to b;ing in an Sfnbentorp of the Cfia te j alt tohich
act^ $ p;oceebing^ thereupon, arc here omitteb, inregarbthepareb?ief[p mentioneb intheMagiftrates
stettcr of Middleburgh tO St Nathanael Brent , anb the lajl becrctall 0|bcr of the Prerogative-Court
hereafter foUotoing,
Then LMt . James Boeve fufpended all further profecution upon his a^lion and
demand, untill he faw the Event of tMrt. Whites proceedings at Law, which
continued fevcn years at Middleburgh and the Hague.
The
Fraud and Oppreflion dete£ted and arraigned. j
The Contents of a Letter from the Burgermafters
6c Schepens of Middlebur^h in Zealand, to S'-lSlathanael'Brent,
Judge of the Prerogative-Court of England^
January the u. i6si. tranflated out
of the Low-dutch.
E the Bargermafiers & Schepens o/°Middleburgh in Zealand; Ts the
right Honbie Judge a/" the Prerogative-Court in England Greeting.
Whereas there was lately delivered into our hands by M'* Michel-
■ fe\t A publkk Notary of this City certain Letters requifatory obtained
Hefter White otherwife dtWyer, niece of ]o]\n
Money deceafid, late of the Parish Maryhill oyLondon
' h Letter it appears,that the faid Hcfter,^/ her petition to
your Honour, fets forth that Veter'Ro\xdAen Merchant Inhabitant
of this City, acknoivledgeth that the faid Money in his life time made
his laji Will, and Tefiament, and therein nominated the faid Peter Boudaen E*ee«ror for the
purpefes mentioned at large, in the faid Letter:^ And that your Honour dejired its to authorize,
and appoint fame learned Perfons, to appear for the faid Boadicn beferey our Honour inlLondon,
or that we would caufe him perjonally to appear himfelf before your Honour, on the ^o.day after
the faid Citation, and infinuation made known unto the faid Boudaen. And Whereas we are
willing to comply with your Honours defire, fofarr as from good tjdfagiftrates and Officers may
be required: iVe accordingly firfl fentfor the faid Peter Boudaen > who appeared before us, and
oite under flood from him, in brief, that the faid Money made his lafl Will effi Tefiament accord-
ing to the cufiome ofthefe Countreys, which was confirmed by his death. And that he had nomi-
nated eff appointed in the faid Tefiament S"* William Courten ^ the faid Peter Boudaen to be
his Executors and that afterwards on the id.ofJuly S'* William Courten madepro-
bate of the faid Will, in the Prerogative-Court, as Executor, and had an AB of Court to ad-
rninifier the Efiate ofthe faid John Money accordingly: And the [aid Boudaen further declar-
ingthathenever admmifired,in any manner, £y?<2feoyjohn Money <w London. And for
SIS much as we do find that this true information given to us doth much impeach the proceedings ,
whereupon your Honours Citation & Letters Requifatory, are grounded: And eonuderingr^f
Reafonand the Law of Nations exprefiy dtPlates, that no Perfon may or ought to be impleaded,
but before the Juflice to whom he belongs, and under whofe jurisdiBion he remains:^ And to pre-
ment further Inconveniences that might arife, tothedifreputation, or prejudice, of either Courts
ofjufiice, iiewM/e James Boeve hath a Procefi before us to the fame effeli * And to shew that
weefieemnothingbetter, then to avoid all kind of unlawfulnefi-. Therefore we thought fit to
give your Honour notice of our confiderations \ To the end your Honour might bepleafed, to
call back your Letters Requifatory, or to confider the fame as void, and to order the faid Hefter
to bring her ASiion before us, where she ought to do. And we do promife to return the fame
Equity to your Honour upon any fuch or other reafonable demand, as good Friends & Courts of
Judicature fo qualified , ought to do. Given in the Court of Juflice at WiddXehntgh: Ja-
siuary iz. KJfi.
The Burgermafters & Schepens of Middelburgh
in Zealand.
And was fubfcribed,
Symon van Beaumont.
Clji^ lEctter sabc no fati^faction to tfie SfuUge, tofjo bit) ncbec meet toitft tlje lihe contempt anb befap^ 5
fc tt)e €out t pjoteeDeO to a decree upon tfie befault^; a^ bp tfte tSefliIter appears!.
dJn
8 Fraud and Oppreffion dete£ted and arraigned.
^A'n dAbfiraB of the decretal! Order of the prerogative-
Court the 9. of March 16^1. before Sr' Nathanael Brent, in the
prefence of Alexander South wood ISLotarj 'Pdlicqne
J-Buarim &c.
HefterWhite, alias DeWyer
contra
Peter Boudaen Courten.
■ R . Allen, ProSlor for the faid Hejier alledgeth that John de Money, whoft
pretended Will & Adminiftration of his perfonal Eftate, was by Proccfs
'inftituted originally in this Court, he beingan Inhabitant, znEngUsh-
. man, and having his dwelling houfe in the Parish of St. Mary-hill in
; London , atthe time of his death, who hapncd to die beyond theSea.
That the faid Hefier, is lawful! Daughter of the onely and lawfull
'' Sifter of the laid John Money.
That Soon after the faid Moneys death. Sr. WtUiam Courten , pretending that the decealed
made his laft Will & Teftament, & therein norninated the faid Sr. JVilliam Costrten, & Peter
Boudaen, his Executors. The faid Sr-lfilliam Courten, willingly acknowledged & fub-
mittedhimfelf to the judicature of the Prerci^,inx'e-Co«rf in England, then named the Pr<-
rogative-Court of Canterbury.
That John CM^oney, had, at the time of his death, fufficient goods&perfonall Eftate,
within the jurisdidion of the faid Court, -wherein Sr. iVilliam Courten took upon him the
Exeeution of the faid pretended Will, as one of the Executors, and obtained Commiflion to
adminifter the faid perfonall Eftate, as appears byan AdofCourtoftheatS.ofJuly
relerving power for him the faid Peter Boudaen to do the like, when he should require the
lame, or be called thereunto, he living out of the jurisdiftioh of this Republique.
That Sr. WsUiarn Courten, died fome years after he had exhibited the Will in common
form. And that the faid Hefter, as next Heir to the faid John Money, had obtained a Man-
dement and Citatory decree, on the 11\., of OSiober laft, andcaufed the fame to be affixed
in due form upon theRoyallExchange. ThatthefaiAPeterBoudaen, wasalfoperlbnally
cited to appear in this caufe, on the zo. day after the faid Citation, to bring in the laid Will,
and to make probate thereof according to Law, or clfe to shew caufe why Adminiftration
ofthe goods & perfonall Eftate of JohnMoncy should not be granted unto the ftudH^er
lyhste, a\m DeWyer, (John Money d-yin^inte^ate,^
tJMr, Allen further alledging, that the faid Hefler VPhite, having obtained Letters requi-
latory from this Court to the Honourable & reverend Magiftrates of the City of rJMtddle-
burgh in Zealand, (where the fatd Boudaen refides) E.ec[\iefTir\g fub Mutuo vieijjltudinis
obtentu , that they would be pleafed to caufe the laid Boudaen to be cited to appear in Lon-
don, in this Court, on the jo. day after that faid fummons.
A nd that this Mandament upon the i z. ofj anuary laft, came to the hands of the laid S «r-
germafters & Sehepens, who fentfotthe faid Peter Boudaen,and gave him knowledge thereof,
and that no appearance is made in this Court, but wholly negledled, refufed, & denied:
Wherefore the laid Hefer ftill prelfing on, for his appearance to juftifie the laid Will &c.
and no appearance being made, thejudge atthe Requifition of the faidAUen, decreed and
pronounced, that Letters of Adminiftration of the goods, Chattglls, Rights, Debts, &
Credits of JohndeCMoncy (as being dead inteftate) should be granted to the laid
White, which was done accordingly.
Concordat in fubftantia eum Regifiro
Exam: per Tho: Hinson.
Memo-
Fraud and Oppreffion deteded and arraigned. ^
MEMORANDUM.
Hat intheljland o/Walclieren, there are three of the States e/Zed-
hnA.Vtz,. Middleburgh. Flushing
Controverfies Caping, Middleburgh the cheifef^ "was much Inhabit-
edby Strangers •,'who formerly compkinedto f^eEmperour Charles/;6e
Fifth , that Juftice was not Adminijired to them impartially in that
City: whereupon the Emperour made an EdiB {which is obfervedto thk
day) that there should be ii. Kies-heers, eleBedby the Burgers tut of the
mo(i able Merchants Strangers, df other Inhabitants of that City not
horn in Zealand, who were to make choyce of the Magifirates dfSchepens: And that there
should be an Extraordinary Roll , or Out'Land-Fierfchare for Strangers onely . Where they
might exhibitc their Pro cef,& be heard two days in a week,upon paying double fees, ^ be difpatcht
in their affairs before Sworn Burgers themfelvs j upon the ordinary Roll,
This infiilution at frfl, was very good, but fince corrupted.
Peter Boudaen was a Pree Denizon o/'England, bred up in M" Moneys houje, afterwards
he dwelt S'"Peter Courten , then after his death he becameaK\ts-h.ce.t, anPAAexofthe
English Church, and a Direftor of r^cEaft-India Company at their Chamber in Middle-
burgh, and fo had fuch an influence upon the Magifirates and Burgers, that no Execution of
Jufiice could be done againff him, as by feverallpref dents hereafter appears.
Phe advantages 0/Burgers <Jre; thattheycanotbearreffedatthefirffinffance^ norfitedin
my other Citie of theUnited Provinces, but before their owne competent Judges at home'. Yet
Strangers lofe the Priviledge oyEnglishmen when they become SubjeBs to another %x.'3Xe* They put
themfelvs out of the proteBion of their own Prince immediately when they Jwear Allegiance to
another Prince or State. The Scripture faith, no man can ferve two cMaflers. And the Crown
((^England never had worfe Enemies, then Some ofthofe that left Kingdom, ?o be Bur-
gers in a popular State, & ContraBed Aliances by Mariages into dutch Families, &c.
AsJufticeistheLifeoftheLaw, fo Expedition is the Life of Juftice, and where there
are Obftruaions in the Currant of Either, the Body Politique will fall into a
Confumption , as cMiddleburgh hath done.
Truth and Juftice ought to be prolecuted to the end, in all caufes, where any men
have Law &reafonon their fides,otherwife they Will betray their owne Countrey-
men tothelike prejudice of fuffering wrong when they live under aPrince that is
able to do them Right.
Hefter White, {jabiug gotten tfjeICctter^ oflbttiiniflration oftgc <©oo&^, Cfjatell^, lerjfii
$ Creblt? of John Money , unSer ttje ^eal of tfje Prerogative-Court of England ; toent to Middleburgh
autj ejrljibuttj Jjet ^jocef^, before tje Burgermafters anb Schcpens upon tfte ^tranger^ Rollj a0 foltoto^;
cy/ Cojiie of theDeclaration ^ Tranjlated out of Lovp-dutch,
Hefter White, alias Dc Wycr,
Contra
Peter Boudaen.
Efler White i alias jt)e Vfyer, appointed by the Keepers of the Liberties igyt;
of E«^/<i»^/by authority ofParliament &c. Adminiftratrix of the goods
& Chatells of John cMoncy Late of London, Merchant, Complains
againft Peter Boudaen,Heir and Executor of Sr-Peter Courten,Iot as much
as the aforefaid John cMoncy was in Company with the faid Sr. Prfer
Courten, & Sr. William Courten his Brothers in Law; and feeing the ac-
counts ofthe trade arc ftandingopen, requires that the books, papers
& writings refting in the hands and Cuftody of the faid Boudaen , concerning the faid Com-
pany, may be configned into the Secretary-Office, there to be infpeded by both parties to
form an account thereout ata joynt charge^ and in cafe of debate, protefts forCoftsof
the Procefs, and all other Cofts, & Dammages already fuffercd, and to fuffcr.
€ «POti
Fraud and Oppreffion dete£ted and arraigned.
aoon tliid bemanti, teere all manner of belap^, f aEbatlon^ ufeb before Boudaen toonib gibe, anp
antoere, 02 mabeanp eirception in pleabing, tljen at laft fje DifputeDaaainflljer qunlitipa^ 3t0minipira»
trij:, aitb t&at ^&e l)aD no rigljt to beraanD an? fuclj account; to&ereupon t&l^ Sentence follotoeb^
The Sentence of the burger mnjlers and Schepent in
the C^ufe of Hefter White.
THc Burgermajiers & Schepens of the Citie of Middiehurgh , do de-
dare, that the plantiffin her quality, as she calls hcrfelf, Adminiftra-
trix, is not receive able as yet in her demand orconclufion, and do
compenlate the Cofts on both fydes.
From which Sentence M". "White appealed to the fupream Court
of Judicature at the Hague.
JBfiere^fjecontinuebilFibepear^folicittnntfie faib caufe at tier great tfErpence^ ®€ojI^ after feberall
StetterjS of recomenbation from olver Cromwell, to t5)e States Geoerall. 25efore anp Sentence toa^
giben; anb tgi^ at lafl toa^ obtaineb a^ follob)^.
(lA true (fopy of the Sentence^ pronounced hy the high Courty
of Judicature at the Hague, An"' 1657. tranfiated out of Lole-dutch,
Hefter "White
Centra
Peter Boudaen.
N the difference arrifen before the fupream Coimcell in
Holland i hcfwtcn Hefter White ^izsHeWyer who is by the
Keepers of the Liberties of England by authority of Parlia-
ment appointed Adminiftratrix of all and fingular the goods
andChatells, AftionsSc Credits of late of the
Farish of St. tjd^lary-hilly Londony Merchant, in which
quality, and for fo much as is needfullempowred hj John White y Com-
plainant by writt of Appeale , and alfo Defendant, on the one part.
AndPeter Botidaen Court en Middleburgh in Zealand y cited in the cafe
aforefaid,& being Demandant in two Requefts Civill,allowed by fore going
orders of Court, on the other part, the Court having heard the report of
Commiflioners before whom both parties have appeared, and Seen a de-
duftion of the pleadings, & duly confidered all the writings unto them exhi-
bited; Giving judgement in the name and behalf of the fupream Authority
dtxlcvz^^xXdiQmscSHoUand yZealand y2.n6.Freesland y Provided, the above-
cited doth within the fpace of fix weeks, before a Commiffioner of this
Court, Categorically declare, that he is ready, in quality, and relation to his .
Mother,Heir to John Money his Step-father,toanfwer in judgement,all fuch
Perfonsthat, have anything to ask or pretend againft theEftateof thefaid
John Money y whether Creditors, Legatees, or others, referving unto him
the above-cited fuch Exceptions & Defences as unto him shall appertaine,
yet fo, as he may not aflignc fuch Demanders or Pretenders, under pretext
of the Laws andCuftoms oi England y or otherwife, upon any Executors,
or Adminiftrators which have been appointed, tothcE^ucoi John Money
or their Heirs. And that he is alfo ready to fatisfieunto them the laid Pre-
tenders.
Fraud and Oppreflion detected and arraigned. 11
tenders, ScDemanders, whatfoever shall be adjudged unto them, Declar-
eth, in fuchcafc; that the Complainant is not grieved by the Sentence in
difpute. But in cafe the above^cited shall omit, or refufe, fo to declare, &c
perform , as aforefaid ,i the Sentence in difpute is anullcd j And giving
judgement in fuch cafe, condemneth the above-cited to depofite, the Books,
Accompts, & Writings, in his poflellion, into the Secrctarie-Office ofthe
City of Middkburgh ^ which concerne the Partner-Ship, that hath bin be-
tween the aforefaid John Money^ Sr. 'Peter Courten^U S'^. WtUiam Courten^ to
be there by her the Complainant and thofe of her Councell viewed, and an
Account ftated thereout, in fuch cafe, reftrving fuch right undiminished &
unprejudiced, as the afore-cited or any other, may have by vertue of fuch
Will and Teftamcnt as the faid^o^w Money hath lawfully made, as alio the
right of thofe, that shall fuftein the contrary, viz: that the faid John Money
died intellate, without making a Will lawfully. With Compenfation of
Cofts in this fuit, (for Reafons.} Pronounced thenyncteenth of one
thoufand fix hundred fifty and feven.
In knowledge 0f me ^
Signed
J. C o E N E N.
5it obferba&Ie tftat J>entcnce Nihil ad Rem , atibberp tniperli'nent to tF|c inaatter in ifftie,
Notwithftcnding Olver Cromwell IjaD tDjitten tlDD febetall ietter^, to tgc States General! , tfte Contents
tot)ereof being Ufteffiife cotiitnunicaceD to tf)e ^tate^ of Holland anb Zealand , alfo to tfie fupieani
Court of Jullice , toljcte ttje caufe fjaD DepenDeb fibc pear^ at tfje great Crpenfei^ f Coji^ of White.
One fpeciallclaufe contained in Crommlls firft
Letter is as follows.
E are informed alfo by our CounteU Learned in the Laws of
England, and theLawsof\d<-3Xxor\Si that your CMagiftr at es &
dflimfters ij/Juftice in Middleburgh , have dared to be fo^
bold to controvert theJudiciallAbisofourVrtrogzmc-Conrt,
and have wronged thejudieature ^England by their unadvifed and
unrighteous Sentence againjl M"-Hefter White the Complainant ^
whofe quality they have denied ^ wherefore we defire that you Will
forthwith caufe the fame to be reformed y by thofe JudgesDelegates y
where the appeal hath (o longe endured y that we may have no
further grounh to give her remedy by other Means. &c.
Peter Boudaen fiabitig fent tfie p ^ctttibtb HSiII into England , to be biielp regiffreb, fie tocnltibeb fu'itifelf, Nota,
anb tfjere toa^ aftettoarb^ no otfter Competent Slubge in tbe too?Ib, to betermine tfje balibitp oftfjat i©ill
anb CeffamcHt of J ohn Money, tficn tge jubge of tfte Prerogative-Coutt , fo? tf )6 time being. ^upieam
Cou rt of Slubicatnre at tfie Hague intermeblcb toitfj tliat, tofiicb bia^ Coram non judice.
®f)e iflue toa^ tofjetfiet Hefter white , toa^ latofull Ibminiflratrijr o? not, Boudaen tea^ Xegallp
titeb, anb after fuel) contempt^ againji a 3[ubicature in England, hifierefie Jab fo long 3Cibeba ^aFrec
Denizon, anb aftertoarb^ buting bi^ trabe to England, injopeb tbebenept thereof at tfieCiijiomboufe
anb otijer place^,aggrabate^ tbeoffence beponb jliaeafure. 3Snb fucf) a p?eflbeut a^ tfji^ i^ an «Batne(I of alt
Englishmens fo|tune^ anb(iE|iateji, tljat fall into tfjefianb^ of tfie 3Inl)abitar.t^ o?5©urgerji of Middle-
burgh f Amfterdam , oj anp 0tf}er Citie^ in Holland i| Zealand.
®Sef^?ocef^of Hefter White, ina^ to babeanatcoimtof tbeCompanp jiatcbin tbefirllplace, toftfcB
ought to hade been bone fo| fati^fattion of all ©etfon^ concerneb, ( Englishmen Efpecially) manp Crebito?^
ofsr William Courten anb fji^ fon tannot finb tf)eirp?oper reraebp before theatconnt^ of theCompanp
^hall be patcb, anb fo? toant of tfiat, tjep are toithout Kelief to thi^ bap.
1 % Fraud and Oppreffion dete£led and arraigned.
i^ere Peter Boudaen ijS matie an !§eic to ,Tohn Money, toF)ic|^ repugnant to tfie Hato of nature, anij
tften OccteeO, that out of tf)e <!tapicaU of dJBotljer, ajS hec Jleit ¥ fati^fie all f |ctenDer^ againfi
tfje €flate of John Money; toljicl) berp irrationall: 3Fo? it M notoriouflp ftnoton, that M«. Money;
hjajS a SBoman ofberp fmanj©ean^, hetjlfo?uttrl|u^ljanb, Matthias Boudaen bpmg infolbeft at Rot-
terdam. 2finB Peter Boudaen fjati albjap^abanOoncO ljijS4liaotljer^4Ejiate, until! rfje i©oIf tua?" hnnteO fo
ciofethathetoulbnotmafte anp further <£5fcape. fee rather then he tooulDp^obe the l©i!I bp Uditneflc^j
anb account o| abjufi the booh^ of the Coinpanp, he pjocureb thi^ impertinent Sentence from the Jgigh
oTourt of ^ubicature at the Hague, anb fo bjoulo beep the tohole ^toch of the Conipanp, anb other nien^
<©oob^ i j^aonep^ in hisS hanb^, anb let tjje account^ of the "ffompanp jtanb open, anb the bebtg remain
fo]eberunfati^fieb.
gt i^ mod lamentable, to confiOer the rtiiferable idonbition^, of manp Jiaen i©omen anb Chilbjcn,
that Peter Boudaen hath occafioncb, bp h'^ b)icfteb p^actife^. St. Peter Courtens lafi l©iU anb iCeflamenc
toa^ mabe at Mlddleburgh on the 8. of January i<550.tohO bieb the nejcc bap follotoing,leaning Peter Boudaen
f)i^fole<!£recuto|: John Moneys Ia)U©iUf Cejlament bja.S mabe on the ttf. ofO£lober kJji . toho bieb
the nert bap after, anb teia^ ®urieb in the «irhoo|-church at Middlcburgh, in the bault toith Sr. Peter
Courten.
©herei^o3tato$ Cuflom in Flanders anb Brabant, grounbeb upon goob reafon anb foreflght, that
the Ia|Ii©ill anbfCellament of anp perfon, thati^ not mabe ttoentp bap^before their Death, ^hallbe
helb null anb bopb, tofjich pjebent^ the; beflgn^ ofpjeijJ^, jfrper^^othet^ from great 3tcgacie^ atib
Donation^.
gin Scotland noJBill 0? CefJament ijJ '^tlb goob, tohenthepartpthatmahCiJit, hath not flrengthanb
fenced to go to ehutch j the marhct anb the mill, that he map fetbe <©ob a^ toell a|S himfelf anb hi^ fceinb^.
Hat flrength or fences Si^. Peter Courten and John Money had that died of
Zealand-Agues, and fleepy difeafes, the day after their lafl: Wilis, in a
Muddy Air, any intelligible man may conjedure, Efpecially fince Pe/er'
Boudaen would not prove Moneys Will by Witnelfes, there being onely a
mark fet in ftcad of his name to it, whodidin his pcrfedhealth and fences write
as good and Legible a hand as any man in Europe. But it was his fate to die of
a Lethargic in Mtddlehurgb., who was a very adive and healthy man in England^
Nefcio mens Hominum fati fortisque.
gSt i^ conbenicnt to ^heto the fSallance of the €ompanitsi booh^i hept in England, foj the trabein
(itompanp bjatoingtoa pcnobinthepear i65a.®herebeing no mote goob^ after that time fent upon
the <trompanic^ account into England. Che goobji fo?mcrIep fent toere not all folb, no| JIKonep^ re«
tcceibcbfojthem imtill the pear i <537. i©henthe'.Bananceofp?ofit anblofjS toa^ alfo fent to Peter Bou-
daenjtoho tooulD not be brought unto anp account, (fo? mobing reafonj!.) wherefore in the next following
leaf M' Peter Boudaens Letter to his Mother A prill ly'h. ifijy. concerning the accounts is printed, and the Bal-
lance of the books kept in England alfo declared, with the Ballance of W. Bouiaens perticular trade.
SR. William Courten, after the death of his partners, ivas unmlling to commence any
fuits at Law aga 'mfi Peter Boudaen eoneerning the accounts,and Stock gotten into his
hands. Firft, in regard hewould not impeach the credit of the Company, which traded
upon other mens Capitalls. Secondly, for that he was incumbred at Court, and in
his new Undertakings to the Eajl-Indies. Thirdly and laflly , for that Pelec
Boudaen and Mrs. Money bis Mother had always made fair promifes that the
looks in Zealand 'hoald he liquidated, and repartitions made of the Stock when the
Companies debts should he paid, which are not yet done-. But left totheSlxSonsand
Daughters o/Petcr Boudaen unto whom the Land-Pyrate,at his death,left anEfiate
in Moneys, Goods, and Lands, to the value of ^0000. pounds Sterling viz unto
Peter Boudaen , John, Walter, d;-Henry, Conftantia,^^'Katharine Boudaen
proportionally unto Each i y ooo.pounds,hefore the accounts of thefaidCompany were
fiated. Notwithflanding old Boudaen , knew that all the vijtble EJlate both Read
and Perfonall ofS^. William Courten, and his Son in England, was transferred
and fold away towards payment of their own and the Companies debts, Neverthelels
the remainder of both (amounting to the fumm of 146000. pounds Sterling, prin-
cipall Money) continues yet unfatisfied, to the great shame & fcandall of theFami-
liesof Courtens & Bouiaens , and dishonour to the Kingdom of Englandin fuffering
it, while fo many people in his Majeftics Dominions are undonefor want of their
Moneys.
The
Fraud and Opprcffion detei^ed and arraigned. i j
A Brief Account of M"". Peter Baudaens Particular trade in Linen cloath fent
into England to his Mother after Mr. John Moneys Death, during the Space of4. Years, viz. in the
years 1633,1634,1635 and 1636. until the death of S"". William Conrten ^ for which the moneys
were remitted yearly to , and paid to the fayd Boudaens order from time to timer
as by the Books of accounts appears.
For divers Packs and chefts of Hollanis, Flemifh linen, Cambricks, Lawns, Diapers and Damasks accord- L Sterling
ingto the feverallFa£toriesastheycoftinFlemifhmoney 2io$2:6:6. andinSterling money. I 11483:1:6
The laid goods fold unto (eyerall Linen-drapers and others in London in parcells amounting in all toL
28417:4:2. Fiemmiib , which is the full and juftfumm offterling money f i5yoo:5:ii,
Indcbts ftanding out upon Banckrupts and others upon defperate accounts amountingunto 1883-15-6 L
fterling money. f
The deduiftions forProvifionatl. per Cent for fale of the goods, and all other incident charges, defalked>
out of the faid 15 5oo-5--i 1 fterling, befides the debts ftanding out upon Banckrupts and others, Peter >22 0216:4;
ddeswasgaincrinFlemifhmoneythefumof 4202-17-3. Which in Sterling money is the fum. of 3
Which was made good to him upon the Ballance of the accounts with TrfwwBflew concerning that particular trade in the
year 16 39.who was feivant to the faid M". Money, And fold the faid goods by her order for the proper account of the faid Peter
Sondaen , notwithftanding It was Bona-fide the proceed of the Companies Effcits gotten into Boudaens hands.
The Copie of a Letter fent from M'. P. Boudaen
to his Mother M". Margaret Money in the year 1^37. tranflated
cut of Low-Dutch into English.
^ptainTicffen, I fee, hathhn Anfwerfrom Sufan: touching lohn White, Honoured Mother, is
there no means to diffivade Hefter ? in truth that manner of proceeding doth notpkafe me.
I fear that lofs and fhame will enfue,& myFatherMewg^rEftate will not be found as is thought.
The had Dehts and lojfes have not heenmrit offthefe many Years ; fo that my heart aketh to thinks, that
they, mhofe Father hath caufedfo great a lofs to the Company , and for lohomyou have done as much as for
your own in their Education, Jhouldhefiungratefull tovex you in your old age. Could Hefter not he dif waded by
fame Minijler or other, or hy Coufin Beck ? for (fetting afide what is aforejaid) 1 underfland it's a mean Match ,
he having little or nothing, and fettled in no calling, how can fhe do worfe ? and principally I am fenfible of the
manner of proceeding, it being to queftion the Will: wherefore I could have wifhed ihe M^ere come hither
with you; thisalfo. Mother, by way ofdifcourfe, in confidence that you will not report it to any.
Jfithefo(thetriallofperfwajtonheingmade) that it cannot he kindred, I pray thatitmaybe deferred untiUmy
Brother Pergens and I come over: I thinf we may find fame way which may give quiet contentment. My Wifes condi'
tion, the vexation with my Brother Foutmenois , andtheRffolutionof Examining the Books as well my particu-
lar as touching the Company, and to bring them to a head, hindreth me that I cannot come: hut I hope my Brother
Pergens will notJlay long: God grant a good ifiue.
That matter admittingno delay, IhopeCoufin Courten will ajfifi and give you the hejl councell, even aside fired
him the fourth prefent, asalfo Mr. Rufhout, ^ Mr. Godfchalck will ajfijl you : touching the Interefil thin fiyou
are not obliged, and it may remain compenfated againfl the charges of Maintenance hy you, &c. Lowerfiood, your
obedient Son, and was figned, Peter Boudaen Courten. The Superfcription was, to the Honoured and difcreet
Mrs. Margaret Courten, Widow of Mr. lohn Money, in her own hands in London.
This Tranflation, upon Collation made, is found to agree with the Origirwl
Letter: WhichlAtteft, Middleburghthez $'.i> olAprl\j6io,
was figned L. Doutrelau. Hot. Publ.
YifEt, nottoithflanbing tfji^ Hettec , Peter Boudaen, uoc toulh neher 6e biougljt to fettle tfte
county of the Companp.tohcheptanblitHSteep alltfjeiBnglifJj effect^ gotten into tfjeir hanbsj anO habe
ufeb all manner of ^inifler l^tacttfe.^ , anij orbaffon^ from time to time, to abopOrentipnganp account
for tlje fame. in contempt ana reproach of tfje 3[uaicature of England ana tlje Soveraignty of tl)e Crown. old
Boudaen toa^ much concemca that John White fhonia offer to queltibn M.John Moneys taill ,"^toho aiea fnaaainlp at
Boudaens houfe. ^ett Boudaen bjouia ncbcr mahe probate of the fapa toill; iheithcr toouia the d®agifiratcd of Zealand
ebec abmit of anp €itation.d out of the J^jerogatibe Court of England to that pw^ofe, althoui^ the Vnill toa^ C.rhihk^
ta there in Common fonn. 3EnatohenaaminitlrattanofMr. John Moneys e|late bia^ manppear^ afterbjara^ accjecD
hp Sr.NathanaelBrent to Hefter White the ne,rt of ftinarca, upcn the faib Boudaens contumacp toho toa^ nomhiatea C]CC«
tutor in Moneys pretenbea Ml ana tefiamcnt <©?amarp Court of Sfutlice in Middlebm-gh toouia not allobJher
gualitpa^3iaminiliratri,rupon hcracraana of an accountof .liBoncp^ gooa^; dSelther upon h^c appeal to the
pream Court of Sfuaicature at the Hague from the ^entente againfl her at Middleburgh, toouia thofe Itorbji ao her an»
right or <Cquitp in the Cafe of her aaminiflration. Such J ndiciall .afts of the Prerogative Court were never refufcd admit-
tanceinany other Courtsofjudicature in the world: and if this be permitted, no Englifbmancan be fafe orfcciire in his
eftatc, that falls into the hands of nollaiiders or Zealandcrs,
D The
14
Fraud and Oppteffion detefted and arraigned.
,The general! Account, drawn out of the Companies Books kept in Londen^ contain
Moneys and goods fcntand remitted ontof Englmd by.yr, William Comten and lohn Uiioncy, |
Sr, Peter Courten t and Peter Baudaenoi CMiddleburgh. tranflatedout of low Dutch into Engl
Sr. Peter Cowrten is Debitor.
sdjI.ZiMarchbyreftofthebeforegoingleafe brought hither _ - - . .
dittopaid AdrianHendricxforhis billatdoubleufancea^s ^onDom:&Charlesvan Acker - -
dittopaid ditto Hendricx for his bill at double ufancc at j s j|5 ^ on laques Budier payable to Calberner -
ditto paid ditto Hendricx for his bill at double ufance a <S § on Jaques Rob. and Nichol. lac. in Lifle -
ditto paid Arnold Braems for his bill at ufance a 3 s cfi ^ ^ on Nicholas Laouft payable to Calberner - , -
1611.' 4 Aprill paid Markus Hooren per bill on Cornells & Iochem Peters payable to Jacob Pergens - -' -
14 ditto paidSamuel Bonnell per bill at zf ufance a 57^4 § on HendrickGerrardspayable to de Baets - -
ditto paid John Bave for Jacob Pergens his bill drawn at Franckfort the fir ft ofApril at z days fight -
ditto paid Jaques Legatine per bill at ufance for 400 V. a tfo & on Rene duVernet payable to Hen: Oliviers
ditto paid Adrian Hendricx per bill a t double ufance a 3 s 8 § on Dom. & Charles van Acker
a May paid Jaques Legatine per bill at ufance for 400 V. a tfo § on Rene du Vernet payable to Oliviers - -
III dittopaid RobbertWattier per bill at ufance a 3 y 6 on himfelf payable to Jaques Wattier
ditto paid Philip Burlamachy per bill at 3 ufancc for 4000 V. a 60 ^ on Laurenzo van Nelly payab. to Oliv.
ditto paid Adrian Adriaenfen for 4 barrells of Gum delivered to Jaques de la Ronde _ _ -
ditto paid John Spick per bill Robert Wattier a 3 yJS 4^0" I^quesWattier - - - - .
ditto paid Philibert Vernat per bill at 36 z ^ on Peter van Heck in Antwerp payable to van Daele * *
ditto paid Adrian Hendricx per bill at double ufance a 3 5 <5^ on the Wid. Calberner payable to van Daele
ditto paid Adrian Hendricx per bill at 3 ufance a35j5io^on Dom. & Charles van Ackeren
dittopaid Anthony CabironforProvifionof izoo negotiatedfor Peter Stoffels _ . -
4 June paid Jaques Boeve per bill at ufancc a 3 s ^4 on Robert Wattier payable to Jaques Wattier
' dittopaid Philip Burlamachy per bill at 3I ufancefor zooo V.ado % onLaur. van Nelly payab. to Oliviers
ditto paid Samuel Bonnel per bill at 3 ufance a 3 7 3 § on John Elifon payable to John van Daele
ditto paid laques Boeve per bill at double ufance a 3 ^ 4 § on Robert Wattier payable to Jaques Wattier
ditto paid to James Daniels by the order of Abraham vanderVoort - _ - . _
ditto paid John de Ionge per bill on John Rutte payable at 8 days fight unto Peter Boudaen
ditto paid Giles van Brugh per bill Abraham vanderVoort dated the id of May - - -
ditto paid Robert Newland per bill Peter Boudaen dated the 17 prefentat ufance _ _ -
ditto paid Leonard Houtman per bill at ufance a 36 J3 S § on Dierick vander Perre payable to de Baets
: July paid Peter van Thuyl per bill at ufance a 37 ^ - on the Heer van Thienhoven payable to Boudaen
ditto paid John Stephens per bill de Baets dated 19 May for the valine of Jonas Abeels
ditto paid John Stephens per bill de Baets dated 24 May for the valine of Jonas Abeels
ditto paid Laurence Halftad per bill Peter Boudaen dated Z4 June for the valine of Lucas Schorer
ditto paid Stephen Fitz per bill Peter Boudaen for the valine of ditto Fitz _ _ -
1 Aug. paid John deJonge per bill on John Rutte payable at ufance a 37 (j5 9 § unto Peter Boudaen
ditto paid Samuel Bonnel per bill at double ufance a 37^1 ^ on John Ellifon payable to de Baets
ditto paid Samuel Bonnel per bill at | ufance a 36 8 § on John Deloo payable to de Baets
dittopaid Thomas Warthrop per bill at ufance a ^6 j}9 %on Daniel Burrpayable to de Baets
dittopaid James Benfieldperbill Abraham vander Voortdatedthe 9 of July for the vallue ofhim
ditto paid Philip Burlamachy per bill atz ufance a 37 i ^ on Carlo Latfeur & Comp. payable to de Baets
CSSteii
iZ3c[
^6
z8
16
19
13
30
31
7
9
13
19
25
Z7
5
13
If
i<5
3
4
n
71
50I
2ol
25I
III
ZjJ
21
ZoJ
loJ
M
ZOl
lOM
20c|
SJ
50J
IZ942<!|
l|i.d action of account i^ aggrahateh toitfj fucfj ctrcumftance^ of jfraub anti pjactifeThat cannot be parraMeb in anp age oft|i
Peter Boudaen tua,^ t ^C foil of Mathias Boudaen , itijat niarricb Margaret tSilDefi ^i|ter Of St. W illiam Courten, tojjo flfeD L
iFatljer fot iScIigion into England out of Mccnen in Flanden-s in the gear 15 67 being tijen but tijree feard olb. aftertoarbd fll
toith the faib Mathias a man ofpoor aErtract from Antwerp , tDfio fetleb Ijitnfelf at Rotterdam tohere he became %anchrimt ^ atf
i bid jiight totoacb.^ Engianb toa ,d bJoVonebnear unto tfje Briell leabing Voife anb ttoo cljilbrcn (.at Roterdam) namcb Peter aiil
tofio foon after tran^pojteb ti)emfeIbSto London fo? relief from their jfrcinb.^. Slftcrtoarbs? Jacob Pergens a abermanborncii
the fapb Anna Boudaen, anb lua.^ mabc a free >Z^cni3on of England inhere theplibeb many gear^ together. 3tnb theJlSibbolnMarga
daen ageb42gcarfi,paiJhope^of<il^&iIbcrenhabingmarrieb inith John Money the accomptant of Sr. William Courten in itheifear i6o6 .tic
<irompanp then begun.
Sr. Peter Courten the fBlOtJjerfetleb himfelf at Middlebuigh in Zealand , habiug marrieb the i©ibboiD of M'. Furmenois of Colo<Jne
Chilberen a fongnb a '©aughter, uameb w alter anb Catharine, anb brebb up the fapb Peter Boudaen hi^ dSephetu in hi^ hoiife to be an acccii
to beephM boob^, anb marrieb him to Catharine hfd baughter in Hato againft the confent of her .jiaother.
Sr. William Comten inhoraifebhMdfofrune anbCrebit bp the marriage of HefterCromelinckhi ^firfiinifc (the 5^aughterofMr peter
linck alinnen .Jiiaerchantfrom Cortrick) toa,^apcrfon ofinorth anbhonejt pjinciple^. 25ut being oberlabentnith iear^anbbutlne€ truf
to the integritp ofhi^ ^jother anb Jlepheto in Zealand , anb upon hid beath beb befircb Mr. Pergens -being then pjefent that he toouib affrii
ip fon William Courten to fetle the account^ iohiehhab not been liquibatcbfmce the gear 1622 that the bebtji of the Companp miaht fei
tojhieh lap bcrpheabp upon him anb hid ifamilp. '
si. Peter Courten bpinginthegear 1630. left thefapbPeterBoudaenfoIedStecittoranb John Money alfo biebin the gear i6?i at Mr Pen
dacns houfc ill Middleburgh, being arribeb there to fetle the fapb account^ of the Companp, anb to 55aHancc the booh^. l ^otoeber Peter Boudal
fleb the time ainap imtill the §ear 1640 that the Cibell iuarr began in England, then ^oon after William Comten the ^on abfenteb himfelfe
account 03 ebcn to fnffcr anp infpcction into tlje Companies booh.^ Utept bp Sr. Peter Courten, sifter the Kings reftauration mi Carew anb m-
centreb the lift upon the fame bifpnte, toljere thep Ijabe been Combatants eber fintc, anb can get noe groniib. Boudaens anb Pergens habinaH
tije Jiil!5a ,giftrate .d of Amfterdam, Middleburgh anb the Hague to be their feconbd in bifpite of 3!nftice anb tge iKingd recomenbationd Slnbfi
c 5r^ud and Oppreffion detected and arraigned, 15
i
htalni As al/o the goods and Merchandizes returned by Sr. Teter Courten & Pete} ^otidaen ac
„cy ^ cording to their feverall Faftcries, fince the Companies Accounts were laft liquidated;
Engll Faithfully pofted out of the Originall Books Kept by Mr. LeonardHornmm^lmei
r 'Boeve & Teter yan Dam , and brought over to the laft Folio Anno 1652.
3j
i|
icj
100
2i
If
Soi i
20
if
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2l
201
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31
lo
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Sr. Peter Courten is Creditor.
6 April. Received ofWilliamBarlett by bill remitted by lacobPergens from Franckfort
2^1 ditto Received of Abraham Dawes by bill remitted by lacob Pergens from Francforc
Z6] ditto per Lawns received in the Cafe No. 0.280 half peeces
ditto per Lawns received in the Cafe No.X. 320 half peeces
ditto per Cambricks received in the Cafe N^.H. 276 half peeces - - _
j I dittoperlinnenClothreceivedinthepackNo.i. i^tpecces
j j ditto perlinnen Cloth received in thepack No. 8.17I peeces - - -
! j dittoperSteelreceivedby way ofDortioBarrells _ - - - .
14 May. Received of Nicholas Pay by bill remitted by lacob Pergens from Francfoit
'19
!I2
26
ditto per Calve-skins Shipped by Peter Boudaen in the St. George 300 Dozen
ditto per Hydes Shipped by Peter Boudaen in the St. George f 5'o hides
ditto per voyage to St. Lucar for Butter, Beef, and Tallowladen at Rochell in the lames
ditto per Lawns received in the Cafe Nc. E. 320 half peeces
ditto per Steel received in one Barrell weight 1040® - _ -
;3oIune. per Steel received by way of Dort 8 Barrells - . ,
ditto per Silk grograins received in the Cafe No. I. lo peeces - ?
ditto per Silk grograins received in the Cafe N". K. 15 peeces
ditto per Diaper received in the pack No. C. 5 2 peeces _ . -
ditto per linnen Cloth for wrappers ofthefaid pack No. C. 2 peeces - ;
ditto per linnen Cloth received in the pack No. B. 41 peeces
ditto per linnen Cloth received in the pack N°. I. 31 peeces
luly. per linnen Cloth received in the pack No. 2. 31 peeces . - -
ditto per linnen Cloth received in the pack No. 3.31 peeces - - -
ditto per linnen Cloth received in the pack No. D. 41 peeces - -
ditto per Packet Cambricks received in the Cafe No. 2. i6<J packets - - •
dittoperCambricksreceivedintheCafeNc. 4.130 half peeces
ditto per packet Lawns received in the faid Cafe No. 4. 8 8 packets "77
ditto per packet Cambricks received in the Cafe No. i. 76 packets
dittoperpacket Lawnes received in the faid Cafe No. 1. 8©packets
ditto per packet Cambricks received in the Cafe N°. 3.60 packets
ditto per Lawns received in the Cafe No. 1.180 half peeces ? » - -
ditto per Lawns received in the Cafe N". 1.72 packets - * "
ditto per diapers received in the pack No. E. 52 peeces - - -
ditto per linnen Cloth for wrappers of the faid pack No. E. 2 peeces - - , -
dittoperSteelreceivedby way of Dort 36 barrells - » _ .
Aug. per Cambricks received in the Cafe No. G. 27<S half peeces « - -
ditto per Cambricks received in the Cafe No. D. 272 half peeces _ , -
ditto per Silk grograins received in the Cafe No. 13. 14 peeces
ditto per Silk received in the Bale No. 12. 138 mafles -----
ditto per diapers received in the pack No, F. 52 peeces _ . -
dittoperlinnenClothforwrappersofthefaidpackNo.F. 2 peeces
ditto per Cambricks received in the Cafe N". L. 272 half peeces
ditto per Cambricks received in the Cafe No. P. 280 half pee ces - *
27
1I7
'22
30
4
I
19
S
KSterl.
60
40
304
373
in
66
dl
270
330
0
21; 18
100 i<5j
240;
23^ 10!
114 If
114 I? 10
100 18 y
no 8
104
127 8
268 14
113 II
171 18
118 8
I34j f
if3l 9
205 17
129 la
176, f .
61 810
4f2 12
244 IX e
2f9 7 O
2^4 13 IE
2 4
II, 4
6
9
6
7
■,l7f
•,i7f
per reft to Ballance this Accompt
-iW
- 269
7287-10-4
8 &
2'
in all.
122138- 10- 6
12942^ 00-10
Peter Boudaen the (tofjotiietiin tlje^eaE leesjanbhi^fonp'habing been tircctor^ oftfje Eaft-india Compaiipfucceftr^
belpfincethc^eatfjof ?t. Peter Courten sOnno i63oantialfo <!l ;l&er^ anD^eacon^oftl)e<£ln3Hffjanlj©utcfj congregation^ in
Middleburgh. ssiiEi Jacob Pergens a bircctourof ttje Weft-India <£onipanp eber tlnce tl)e Sear i643ant)amcmljcrofthel|igh-
'©utctj (iThnrcfj in Amfterdam are fo lincht.into fnch holp raternitie^ anti affemblie.^, that fbj ftjeir piofefl'ton anb religionfahe
thep muji not be betecteb in their ebil toapfj anb courfe^.
(Chcre nceb^ no other argument to fhoto the unrighteoufncf^ oftheitafe, than thi^plain bemonfiration: ®hat Sr.William
Courten aub ht^ ,^on, loha hab reall cftates? anb great capitally. bicb infolbent inbebteb 1 50000 ponnb ,^terling anb iiptoarb^:
38nb that Boudaen anb Pergens , toho fjab littic 0? nothing ofthcir oton, are grobm inftnitelp rich toith other men^ goob^ anb
monep. dbotten into their hanb^.
Sctthel^olIanbcr^anbSealanbcr^arefoabominablpbitiou^torqjoit. tohen anp <!EngIifhnian coine.^ ober to call them
to account, that thep are feditiousPcrfons, Defturbers ofthe peace, Enemiesto the Welfare ofthcir Countrey, and Men ofdan-
gerous principles to hinder the good intelligence between both Nations.
i.d not onelp a baft lof^ anb pjejubice to manp particular dfaniilie^ in England . (to be thtt.^ hept out oftheir <if ftate^) that
habclabonrebairtheirlibe^togettomcthingfojthtir Chilbcrcn, tohofe breab i^ eaten bp ,^tranger^, butalfoa lof^tothe
itingbom in <!3eHeralL that fo much ofthe monep anb ftccbcfthed&ationfhoulbbebjabjnoutoftheJnealmtobcimpjobeb
again ft the "trrobju bp a people, that arc the toorft <!rnemic^ thereof.
ftpiitafaobeallthefefabcircumftanccd, the granb Concern anb^ntercft, the I^onout anb rqpntatlon ofthe King anb King-
dom , toill be irrepairablp loft if tlje Boudaens anb Pergens f houlb not be tompelleb to come to account in thijS anb other Slction^,
aub to renber ebtrp <JEnglif hman hi^ bne toho humblp bcgd foj relief therein at tht Parliament, ® 003^.
Fiat Jltftitia, pcreatMundus,
j5 Fraud and OpprefTion deteded and arraigned,
JnAhJlmSi of AtteUation at London , the
firU of March. i6-7<^^ Old ftile.
, E Depofeth that Sr. William Courten, Sr. P/«er Courten 8c lohn Money (who married Margaret
\Courten the Widow of Matthias Boudaen) did trade in Company toallparw oftheworld: That
\ Sr. William Courten had the halfpartin the Trade, and Each of the Other a Fourth part. Thatthc
Books ofthe Trade in were kept atthehoufe of lohnMoncy ■, and the general Books of all
' the Trade out of England were kept at the houfe of 5r. Peter Co»«e» in Middleburgh. That the De-
ponent lamesBoevi intheyear 1628. came to live with the faid lohnMoncy, as Bookkeeper, and
^did write the accounts in the Companies Books untill the year 1637. And that feverall Goods ofthe
I Company were fold for time in the moneth of December 1616. And that diyerfe Summs of Money
' werereceivedintheyear 1637. upon the Companies account. That this Deponent did fend a Bal-
lanceofthefameBookstoPeter BoKdae« of Mtdde/4«rgfe the Heir 6c Executor of 5r. Peter Courten, as fucceeding him in
the Company; which Ballance came to his hands, as appears by his Letter written from Middleburgh the 10 h. of April
1827. inthefe words, I have received the Ballance ^ but feverall particulars mujl be difcharged one againfl another. Thatthis
Deponent did alfo fend the account of Sr.'Peter Courten of all the goods bought by him, asalfo the account of profit and
lofs written out ofthe faid Books kept at London: By which account Sr.Veter Courten ftands Debitor the fumm of one hun-
dred thoufind pounds Sterling and upwards. That the accounts of the faid Company have not been liquidated 6c made even,
nor any repartition made ofthe EfFedts ofthe faid Company.
this .^tteflation remains in the Regifter of JohnMaurius iJotary
Vublicqin London.
AaumprimoMartil ifi/}. And was alfo depofed before a Maflcr
in the pretence of of Chancery,
'^bert Stamper &
William Wtgbtman.
An AbftratS: ofthe Atteftation and Declaration of Mr. lacoh Ver^ens
at AmHerdam. The 23. of January i6j6. New ftile.
flat He this Deponent, upon the deftre of Mr. Peter Boudaen his Brother in Law did make a voyage to the Citie of
London intheyear 1636. toaflifl William Courten Efqr. withmoney, counfel and advice; ./indthat Hethis
Deponent didfurnish the faid William Courten with two thoufand one hundred C eleven pounds df one shilling
Sterling; for which he gave an obligation dated the third of Auguft 1636. to the ufe of this Deponent, which was
\ figned, fealed, anddeliveredintheprefence of ]ohaKas\\oM, Samuel Bonnel C?" John White, who fubfcribed
their Names as Witneffes thereunto. ..and this Deponent declareth, that the faid Obligation was made in his name intruflforthe
faid Peter Boudaen, 'whofeproperMoneyitwasthathelenttothe faid William Courten. .Andfurther declareth, that He this
Deponent hathno right to the faid Money, nor ever had any right, pretence or interefl therein: But that the faid debt df obliga..
tion belonged to the faid Peter Boudaen, and now to the Sons df Heirs of the faid Peter Boudaen deceafed. .and that He the
faid Jacob Pergens afiigned es?" transported the faid obligation to them accordingly in full c ejfeBuallform, to the onely ufe df
behoof oftbem, their heirs df afignsfor ever, without any refervation in any manner or ways whatfoever,
Jn the prefence oj
.John Hoove and
MarcelisBrocn.
iXuAmfferdamtht
z^.oilAnuary
AndisReglftredinthe Ofiiceof D. Doornick.ViiblickVottry ^
upon the Singel in .amfterdam,
N o T A. (!f]&attfii^oI&&cinbmal)etoML JacobPergens
^n^aniJileir^ofolb Peter Boudaen tobebjougi&tm reccmbcntion aginll M^ Carew tofjo fjab febetall action^be^
pcnbingagainfttfiemfbinicinep^ buetoti^efaiti Courten, beflbe^tbeiieeneraU account of ®C(frompanp. iB&it^fafb
bonb M.Pergens fjabftaubulcntlpmabeufc ofbcfbrc inbi^pcctcnbcbclaim^ upon Mr.Courtens ^j^fp^ bp confent
ef Boudaen ; j^ottoitpanbing fj^ toa.d Bona fide inbcbtcb fo manp tljoufanb pounb^ to Sr. William Courten anb
f)epr^ upon account of tfic Companies fJocft; a^ appear^ in tfie tbjo fbregotng pagc^; bjSetcin tSe faib bebt Voa^ to be
bifcounteb; it being tije pjoper JlBoncp of tfje Cotnpanp tljat Boudaen fiab gotten into fti^ fianb^, anb fo tooulb not
be feen to repap it upon tje account of tlje ftoch; but got Pergens to piocuce M .Courten to gibe a bonb to jim a^ gi^ per«
ticular bebt, bjfjicfjmuti be bifcounteb tolientSebooft.^ are ballanceb. 3tItfiougf)inf!ricbtne^ofEabJ,tiiatbebt f|ouIb
come inconcnrcencc toitb otfjcc crebito?^ of Mr. Courtens proper account. ICnb tJjefJocftoftfieCompanp ffjoulbbe
onelp applieb totoarb^ papment of tje Companies bebt^. J^oe tqiattition being tobemabeb^oretbebdit^oftfie
companp are papb awb t|)e booM liquibateb.
It
Fraud and OpprefTion detc£bed and arraignedi I y
T 'isixxxth.tt^markaUelh'M^eter^oudaen, wlio had always
refufed to fettle the accounts of the Company with
S''W ilTumCoitrten Knight,/o^« Moncy^W ill'iamCourten Efq''*Exe-
CLitor of S'" William John White, lames Boeye, Commiflioners,
or any other deputed in Law to call him thereunto, as
Executor to S'' Beter Courten. Soudaen having renounced his Mothers
Eftate and the Execution oihhn Moneys Wm, lintill the Sentence pro-i
nounced by the Supream Court of Judicature at the Hague on the
19th- of May 16 5 He then queftioned lames Boeye for the faid Moneys
landing out upon his particular account from Banckrupts & others
aforelaid,& for the Moneys that the faid Boeyi had paid (by M"- Mar^
^aret Moneys order) to M" laeohTergens dc others, which had paffedcur^
rent for 18. years together withoutdifpute;
Igcii, James Boeve int&epeat i66ot pjbfeciiteD f)i^ action Depenbing before of Middle-
burgh to a Sentence fo? tije Itegacp of 2000. pounbb gtbeii bp M'. Money afotefaib;
£0t>cre&p tlje Magiftrates couficmeb tJje iHill, ailb aniiif)ilateb Mrs. Whites 3Sbmtnifiration. tButi
conocmneb Peter Boudaen to pap tf)e faib looo. pouubp, tbiiS intccefi at y. pet cent: pjobibeb tfje
tntcrefl^fiouSbuotitFrcccbtJe Capital : toljcrcofttoo partes toa^ to be paib unto James Boeve, anb
tlje tbirb part unto l)i^ ©augijtcr, bogh oftfjt faibSufanna dc M/yet, accojbinig to tfje Contract of
jjEarriage.
fCi)cn tlje King of England &c. fcnt Itctter of recommeilbation to tfte States of Zealand,
tateb tfte 1 jtb. of Ahguft t sfio. requiring tfjat M'. 1 ames Botve, migljt Ijabe Crecution acco?bing to tf}c faib Sentence:
t)i)crenpontl)c Magiftratesojberebareferttnceof tljetofjoletiiaatter nntotl)|eeofti)e3Co^b^ bi^. Mr. William Qulrina,
JohnReygersburgh, $HuybrechtdeHafe, toaccoinniobStetfje biflfcrence bettoeen botj)partir^i
^ebcrtijelefsi Boudaen ajjpealeb to tfje Hague, anb piocutcb a Sentence from tfje ^igf) Court of Sfujiicc upon tgo
21th. of June 1(562, tljat James Boev^ ^fjoulb gibe fufficieiit feuctitp (before fjepfjoulbijabeCtccution upon tlbe^cn*
fence at Middleburgh; to repapall fuctjfnnnn^ of jKJonep ajt ^j&oulb be fonnb bue unto tfjc faib Boudaen, uponfji^
jrounter-Cijarge^ afotefaib, aabbpaiiotfjer .Sentence of tje icth. of May 1666, tljel|ig& Court of Sfubicaturercfetbeb
to Mr. Boeve fji^ action againjl Mr. Pergens fo? tfje 651. ponnb^ 16, f^, 7, b. being jlBonep fonnb paib unto Bim mote
tijen fji^ bue upon anp account tofiatfoeber. iBfjicft ijangiS in fufpencc iintill tbi^ bap upon tljofe nnconfcionable p?acti*
fe^, anb t!]c ,1)011^ of Boudaen rcfufc to fufftr aiiprebifion of tfje accountfi tobe mabe Up JliSetcbant^, Htnotoing tfjat
iMr.Boeve cannot be cfjargcable toitfj bab Oebt^ upoft Boudaens account, nIt}jougfj Bbeve fjab folb tfte ooob^bpCom»
i^iffion 00 a JFactor i niuci) lef^ a0 acting uuber Mrs. Moneys ©jberp', unco lii&oni tfje goob^ toerc conffgneb, bp Peter
'"^oudacn ^Ct .^OU,
T
<iAK.I'^AT>VE%SIOtNi.
V
Hi Hollanders do hoajl that they have beaten the English ("for fomf; Amboyn^j
Reafons_) out of the Seas, oUtof their Forts, plantations andCaJiles, Poleron,
Ships, Goods, Gdlomys, Storehoufes and trade in diverfe places
EuropCjAGsjfS fdci, and Americi. But to cheat thein out of their fences Molncco 'Sj
andrtafon, and beat thetn out of their Munictpall Fawsdr Cuftonis in England, camon^'
are Offences folnfolent and Unpardonable, that no true^n^ish-joatn, "who have Maccaol
either eourageorwit, canpatkntlyfujfferi japan&c.
Advert
x8 Fraud and Oppreffion detected and arraigned.
(LAdvertifement to the Courteous R eader.
He King of Great Britain , being reftored f o his Crown &
Kingdoms J Severall of the Creditors ofl5'^ fVlUiam Courten^
S\ BaulTyndar ^ Sc ^S'^ Edward Littleton ^ in the year 1660,
made their applications to his Majejiy by petitions to be re-
leived in the premifes, againft the Eaft-India Company the
Netherlands ^ Sr.Jacob Catts, facob Pergensand Beter BoU'
daen. Whereupon feverall references were granted and
reports made. That S". Paul Pyndar ^ and J''-. WtUiam Cour-
teny having been great Servants to the Crowny andthofethat
claimed under them, great fufferers for his Majejiy and his Father. The/fw^ was
obliged in Juftice & Honour to recommend their cafes to iho, States Generall. More
Efpecially the cafe concerning the fpoil of the two Ships aforefaid to have fatis-
faftion and reparations particularly for that Matter in an Amicable way, and for
thofe other civill anions at Law, to require Expedition in the Ordinary Courfe of
which have been profecuted accordingly as hereafter is mentioned.<5V.£^'K'tfr(/
Nicholas then principall Secretary to his Majejiy y Renumerated of his own know-|
ledg to the Earl of Clarendon Lord High Chancelor of England , that Sr. Paul
Pyndar ferved King James and the Turky Company , Eleaven years as Embafladot
in Conjiantinoyky wherein he had much advanced the Levant trade, and English
Manufa£tures. That at his return he was a great Benefadtor to Sk Pauls Church.
That he had furnished his \ato Majefty with feverall Diamonds and other Jewells of
the Crown upon credit, befides feverall great fumms of Money towards the ordi.
nary Charge of the in fupplying^w^^^^orj abroad, & other incident Char-
ges for the Honour of the King & Kingdom , before the unhappy warr. That
WtUiam Courtenhad likewife furnished King James and his late Majejiy with!
diverfe great fumms of Money, before his death which werealfo unfatisficd ,• Not-:
withftanding they had feverall aflignations for the fame upon the4. intire fubfidies &;
thoEaxloi StraffordsCoUeliions upon Recufants, the Allum Farm, the Sugar Farm
Soap Boylers and Dyers &c. That S"". WiUiam Courten had improved the Navigation
ol England by difcovering & planting the Barbadosy and alfo had laid goodfoun-
dations for trading voyages in the Eaji-Indiesy China , and Japany which would havcj
been very profitable unto Englandy if thoDutch had not disapointed Sr. WiUiarm
Courten , his Heirs and Afligns, in their lawfull Enterprizes, and fo ingrofled thofc!
trading voyages to themfclvs.
The faid cafe concerning thq^two Ships BonaEjperanza & Henry Bona Advent
fur ay with the proceedings thereupon being voluminous is contrafted intothetwo
feverall Advices & Rcfolutions following, the firft being drawn ("by Order
of the faid Lord Chancelor j & figned by the Moft Eminent Lawyers of England y &
the fecondjby appointment of the Ea/i-India Company of the Netherlands jk the Pen--
fionaris John de Witt , which was figned by the Moft Eminent Advocates in thei
Hague y in the year 1663: But in regard all the Arguments & reafons of the English!
Lawyers and Minifters of State, were not Effeftuall, Letters Patents for Efpecialli
Reprifalls were granted under the great Seal of England which are alfo recited m
Order after the feverall and refpeftive Opinions of the Lawyers and Advocates
aforefaid, and fame Qbfervations remarkable thereupon.
Tht
ip. l3ecgin.
JOOO. out of
the ship
Bona E(pe-
ranee.
IfOO out of
the Bona
AdVenturii
Anno itf47.
and 1648^
Fraud and Oppreflion detected and arraigned;
7^/}e Cafe faithfully ftated by the Appointment of the
Lord High C^mcelor of England y A°. 16 63. for the Opinions of the
moft Eminent Common Lawyers & Civillians m England.
; Illiam Courten , being Interejfed in fiverall Ship and<JM'erchandtfes therein t they are pit Annoi8:4ti
to Sea on a trading voyage to the Indies, China <jw<ijapan.
William Courten being much indebted to feverall yerfons, ^WSr. Edward Littleton »<S. April.
being bound for himtothem, VJ'iWiimComXtn grants two of the Ships caUed theParadox,
the Hefter, and the fraight, &c. due to him for their fervice and imploytnent, andal
his flock, fraights &c.in the other Ships; And the Policies of Ajfurance.
Ihu Grant is made in conflderationofxx.^. and in generaUfor other confiderations. Provided if that
William Courten or his Executors, &c. pay the debts within zj. LMonethsy andfave Sri Edward Lit-
tleton HarmJefl, that the grant then to be void.
William Courten and Sr. Edward Littleton reciting the frfl deed, and agreat debt ofz,^^oo. o^for
a further fecurity of that debt, grant unto Sr. PaulPyndar his Executors, Adminiflrators and afligns , aUthe
faidShips, apparell, fock ofMerchandife, and the Policies of Afl'urance , and all their Inter^ therein,
under divers agreements', the effeB whereof, is : T/&^f Sr. Edward Littleton shall and may order and
difpofe of the returns, for Pyndars fatisfaBion, by feverall proportions out of each Ship, and the refidue to be
to Sr. Edward Littleton for the purpojes in the Indenture, and feverall other agreements; by all which it
appears that Sr. Paul Pyndar was not to have more then fatisfaBion of his debt; but after that fatisfied in
fuch tJManntr as is expreffed in thi Indenture, the benefit of the furplus was to be for Sr. Edward Littleton,
William Courten.
The debts for which Sr. Edward Littleton was bound, are not discharged within the zy. LBToneths, nor
are yet discharged, as appears by the bonds & outlawries upon record.
Then the Bon Efperanza, one of the faid Ships, is furprifed in a hofile manner by thefubjeBs oyHolland,
and the Henry Bonadventura, and her goods alfo taken tnto their pojfejflon.
V^iWnmCoun&n, as is pretended, byfub/eiijuentbillsoffale, affigns his Intrnfi and all the Stock, ^c,
fejacob Pergens, who makes Compofition for thefameintheyear idn-y.for Z^ooo.gilders.
The Queftion propounded is, whether this affignment to Pergens be valid, and the
Compofition made by him be good orno, or whether the grant to or
by him and iVilltam Courten to Pyndar be good or no ?
WE Conceive that both ^uefions fall into one. For <yLittletons or Pyndars be valid,
grant & Compofition is void againfl Pyndar Littleton, e^_/oaconverfo.
We Conceive that by the Common Law a/England there can no doubt be made, but that the
Interefl (fr Property of the ships and tjHtrchandizes in them, are really andeffeBually conveyed, and trans-
ferred firfl unto Sr. Edward Littleton, and then unto Sr. Paul Pyndar. And although it befo done under
certain Conditions or Provifoes and agreements, yet till performance of fuch Provifo i'y Courten #« Little-
tons Cafe , the Interefl remained in Littleton, and when that Condition was not performed {as to this day
it is not) the grant became an ablolute grant. And Coxinen or his Afltgnee can never avoid it. And as for
Vyndoirs grant, it is abfolutely good, but theperfon of Pyndar is JubjeB after fatisfaBion madeto himof
his debt, to give an Account, andmake fatisfaBion to Courtep Littleton. But that power of drawing
Pyndar to account no ■^ay leflens Pyndars right and property; be is perfeBly proprietarius by the Common
Law of En^and.
And this beingaContraB made «« England by fubjeBs of the Crown of England, and touchingthek
own Interefl, we fee not how it can be otherwife interpreted.
When Courten grants his Interefl to Littleton , it hath no Condition, hut that if Courten pay the debts
within the time limited, when that time is expired and no payment made, the legaU Interefl is abfolutely
out of Courten, and becomes Pyndars, not as Ajflgnee ofConnen, but as AJflgnee of Littleton. Tet 'tis
true that Pyndar after fatisfaBion to him of his debts, was to makefatisfaBion of thefurplufage, but not at
all till fuch fatisfaBion.
Then Connsns AJflgnee can have no more or greater Interefl then himfelf had, nor could transferrany
property to Pergens, becaufe he himfelfhad no property in the thing, but onely a pojflbility and a power to call
Pyndar to account for the furplufage after fatisfaBion o/Py ndars debt, and not before.
A Merchant of London may Jell his goods in his FaBors hands at Amfterdam; the pojfejflon, by the Lavf
e/England, goeth with the property. And where the right and property is, there by the Law o/England
is the poflejjion, unlefl fame other per Jon obtains the aBuall pojfejflon as a trefpajfer.
Sabfcribed by . .
John Maynard.Edward Tumor.sWill: Turner. Timotheus Bald wyn.
Ben. Hoskyns. Sam. Baldwyn. 7Walter Walker. David Budd.
The
20
!Fraud and Oppreffion deteded and arraigned^
T'fe Advice Opinions of the Advocates O^T^rofelJors of the
Lass> at the Hague , m behalf of the Eaft-India Company of the
N ethcrlands,i« the cafe depending hefSpeen thin & the Jdminifkator
o/S'^'PaulPyndar, tranfated out Low-dutch
into English. jirinoi 66 i.
E Svhofc names are hereunder written have feen a certain Copy ofthat Contradt
tranflated intoD«tCi& bearing date the i9':h. of December 1642. Between Ifilliam
Courten Efquireof the one putt Sr. Edward Littleton Baronet, of the other part,and
St. Paul Pyndar of the thira part; And a perfedl; Copy of the Inftrumcnt of Procu-
ration dated OSiober 1^45. from the C^ddWtUiam Courten granted tojacob
Pergens'^ and a Copy of the Letters from the Ploufe of Lords in Parliament dated
the 20'''- of March i54 j . to the R efident Strickland in favour of the faid Courten;
like wife two perfect Copies of Letters from his tJHajefly of England , one to the Lords the States Ge-
nerall, another to the Reiident in favour of Cfl»r««andhis Affigns both written on the y^^-oSOClo~
her 1647. Alfo the AuthentickCopiesoftwoTransports and procurations from the (aid Courten,one
dated the of December i (>47. at London , and the other on the of February 1 ^48. here at the
Hague granted to the ufe of the faid Jacob Pergens: likewife a Copy of thelnfinuation (made by
Jonas Abeels, Procurator of the faid Sr. Paul Pyndar to theDiredtors o£the Ea/i-India Company of'
Amfterdam , d3.ted the oSMay 1648. and of the arrett made thefirff of OSo/'et' i648.in the hands
of the Company,and a Copy of the Certificate from the Senators and Magiflrates of the laid City of the
o( Augujl i6f4i with the affertion taken out of theRegifter of Caufes Judicial! of that place in
•which the laid Arreft was declared valid on the November 16 And alfo a Copy of the In-
ftrument of Renovation ofthe faid Arreft dated thez'^' of November 11^49. and oftheproteftofthe
I I'h- of the fame Moneth , & divers proceedings out of the Regiftcr ofjudiciall Caufes of the faid City
dated refpefliively the laft aCcMay, of June, of September, and the of November
l6jo. and of the 14}^^-of February i6fi. containing the Requeftof the faid exhibited againft
the Direftors ofthe Eajl-lndta Company aforefaid; And the decree ofthe Schepens orjudges, that the
caufe (faving the jurisdiiftion of the Court) should be in Statu, befides fome particulars out of the fame
Regifter dated ofSe/irew^er 1^50.containing the Requeft exhibited by the faid Direftors ofthe
Company againft Jacob Pergens to be indempnified, befides two Copies taken out ofthe Index or
Repertory on the part and behalf of the English Merchants againft the people of the United Provinces
ofthe Netherlands, by vertue of the 3 oth- A rticle of the peace before the Commiffioners therein nomi-
nated containing in thefirft, a Petition of WiUiamTombes Executor of Paul Pyndar, as to the
Ship called Bona Efperanz,a for the fumm ofyzf4(^.0^. and inthefecond , a petition ofthe faid Cour-
ten for the fumm of ^oooo. o€. and and other Proprietors of the faid Ship for the fumm of
10000. Sterling; A nd a Copy of the Letters from his Majefty of England dated the 2 ith. of March
i$6j. to the Lords States Generall- And a Memorial of Sr. George Downing Refident, dated the
zotlr- of April delivered to thefaid Lords, and the anfwer of the faid Lords to the fame; and eVen by
the exprefs proofs taken againft the Eafi-lndia Company in the name and behalf of the faid Courten and
others intereffed by rcafon of the lofs fuftainedin the Eafi-lndies* and another anfwer ofthe Lords
States General to the Memorial ofSr. George Downing, and his Reply of the 13th. of July ; And a Lat-
ter memorial of the frf of September latt, exhibited by thefaid Sr. George Doi^ning, concerning all
things belonging to the faid Ships called and Hewty Bonadventure, that the faid Co«r-
ten fent into the Eajl-lndies^ of which the firft was conflfcated, and the Goods ofthe other driven
Upon the Ifland Mauritius, and part of them ftved by the Officers of the Company from whence thcfe
queftions doe arife:
J. Whether the Company , mtwithfiandingthe faid ContraB of the of T)ecetnher 1^42. orinfinua~
tions, protefiations ^ Arrejls, might not tranfaB with the faid Courten, or his Agent Pergens the
fumm of%'}ooo. gilders on the i8'b. oySeptember i<?49. as was aBuaUy done ?
2, Whether the faid Pyndar, or now his Adminiftrator is not bound to flandto thefaid agreement made
between the Company and Jacob Pergens, Courtens AJJignee ?
We affirm (under Correiftion of better judgements) upon the faid queftion,that the Direiftors of the
faid Company were free to agree with Courten or his Procurator, as by thetranfadion ofthe 18th-of
September 11549. notwithftanding thelnfinuation and proteftation ofthe 20th. of May, and thearrefV
of the firft of OBoberafoxefatd.
And
%
Fraud and Oppreffion dete£led and arraigned. 21
Andconfequently thatthe faidP/Wdsror now his Adminiftrator isboundtoacquiefce in thefaid
agreement made refpedively between the faid Terpens , and the Eafi-India Company.
For thefe reafonSjthat although thwfaidcontradl of 19. Decemb.l64;^.^&% to thefaid Pyndarnnier:
the title of a Bargain and Sale, yet it appears not that there was any delivery of poffeflion given by the
faid Courten or Littleton , to transferr the property of the faid Ships and Merchandizes to Pyndar.
Baton the contrary, the very expreffions of Courten and Littleton are ^ thatthey are pledged under
a Condition , that Sr. at the return ofthe faid Ship EJperanza, with the lading should
be paid 5000. of. And of the faidShip Bow<7i':/e»t«rc250o.of Sterling, one halfat one Moneth and
the other half at two Moneths after che return and unlading of the faid Ships at London or elfewhere;
and thefe payments being made, it should be lawfull for the ^a\d Littleton to have, hold, and enjoy
all the reft of the laid goods in his own pofleffion to the intention which in the faid contrad is more at
large exprefled.
And it was exprefly agreed and declared even between the faid parties, (notwithftanding that
they had granted , bargained and fold the faid Ships to the faid Pyndar ) that he the faid Pyndar
should not any ways bear brfufferany lofs or Dammage which should happen by reafon ofShipwrack
or other wife. But that thefe Dammages (if any shall happen) (as the cafe fell out) were onely to be
born and fuftained by thefaid Courten.
Neither was there granted to PyW/ir any authority to receive or fell any Merchandize, returns or
lading whereby he might pay the debts he had owing before the faid time ofpayment was expired:
And the faid Courten and Littleton had notfatisficd the faid Pyndar tht {aid refpedivefumms, and
in cafe of fatisfadlionhe is bound to render to Littleton the furplus and what shall be remaining: And in
cafe ofShipwrack or any other fuch like misfortune for thefecurity of the Moneys, thelnftrumehts
or Policies of Adurance were delivered even upon the pretended title ofbuying (notwithftanding that
in the faid Ships were fecured 1100. pounds more by the faid Policies then they owed Pyndar x which
more full v appears by the faid Contradt.
That thole Obligations and other fecupities (even amongftthofe bonds of SamuelBonnell, men-
tioned in the faid Contradl to Pyndar^ (notwithftanding the pretended Bargain and Sale of the faid
Ships & Goods & Merchandize therein mentioned & Policies of Alfurances) remained & were detain-
edbyhim, for that about the end ofthe faid ContradPyW^r covenanted with them in cafe he should
be fatisfied the faid debt,that he would deliver the faid Bonds and Alfurances to Courten and Littleton,
By all which things it appears, that although the words of the faid Contrad lay , that Courten 8c
Littleton had granted bargained and fold to the laid Pywi^ir the laid Ships,Merchandize, Proceeds, and
Elfeds, Policies 8cc. yet in truth there is nothing elfe treated of or ingaged by the faid Contrad then
fecurity to the faid Pyndar {or his great credit given to Courten : For even the meaning and intention of
aContradis more lookt upon then the words: thence arifeth an Argument from the Jufui
nature of the Ad : For to whom the nature of the Ad, to him alfo the fpecies thereof is granted: It is
the fame concerning buying and felling, as in a perfcd Contrad, the hazard is in the buyer: andi^^yl
knowing not the fpecies of any Contrad,the Grants therein ought to be more lookt after then the bare in prim d.
words; ^ teacheth by many examples and illuftrates it. Locati&Li
WHEREAS now the Propriety, Pofleffion, and Adminiftration of the laid Ships, Goods and
Merchandise remain in his hands to which before they did belong, and confequently by theContrad itids.Bald.
he ought to fuftain the Dammage ofShipwrack and other misfortunes, whereupon it was thought "» L.cam
moft j uft that he should have liberty to trade with thofe. And beeaufe by ha Aoent he dealt with thefaid
Company upon more profitable terms then if he should bring his Ablion againfi the faid Company forfatis- jlt aMam't
faBion and should receive the Money fecured to the -value of p poo.Sterling: Whereupon if PyWizri de tacit.
Adminiftrator upon no foundation making compofition with thefaid Company, a Queftion may arife I'tnbig.cm-^
efpecia'ly becaule the Lords Diredors in refped of the Society have and can acknowledge no other as
Owner of the faid Ships and Burthen thereof then him whois publiqucly fo acknowledged to be,
being much recommended by feverall Letters, as well from x\\t P arliament as the King of England,
dated the 20th. of March 164^. and the Ninth of Otlober 1647. And that fome conliderablc time be-
fore the firft Inlinuation irom Jonas Abeels in his laid quality made the ^pdl.o{tJMay 1^48. were in
transadion.
I. As alfo the Adminiflrator of Pyn dar now hathfo much the leffoundation to expound or queflion the firjl
agreement, for that the faid Abeels did not protefl by his faid Infinuation againft thefaid agreement of
Courten or his Agent, bat onely againfi the payment of the tjffoney to any other then to his CMafier
Sr. Paul Pyndar.
5. That the /aid Abeeh on the firft of October following in the name of Sy.Va\x\Pyr\dar did Arrejl and
take care to detain in the hands of the DireSlors all that which they {by the-very words of the faid
arrefi) by Liquidation or agreement with the faid Coiart&a by reafon of the faid two Ships ought to pay.
which Infirument of arrefi in the faid manner was declared -valid by the Schepens or Judges: As
appears by the Regifier of Caufes Judkiall on the 1 3th. o/November 1^48.
F Thirdly
22 Fraud and Opprcllion detefted and arraigned.
3. Thirdly kcaufeoft thfecond of November i6^p.Jor)iS Abeehm thenameofthefaielPyr\dAr as hav.
ing aBion and tranfportfiom the faid Courten and Littleton, did renew the [aid arrefl in the hands
of thefaid DireBors of the Company for all that they by agreeQtent with the faid Conrtenfor the faid
Ships and Goods ought to pay to the faid Courten.
4. Fourthly becaufe by the fecond Jnfinuation and protefl i ith-November 1649. and by confe-
t^uence after the transailion made with j3CobPerger\s fjoiizs Abeels againrenewed thefirfi Arrefls
and Jnfinuationst And to make them more effeBuaU Sr. George Downing in his MemoriaUexhibited
to the faid Lords the States Generall of the firfl: o/'September lajl calls them lawfuU.
j". Fifthly (which is greater and beyond allcontradiBion^ becaufe the faid Kbetls in Court inflituted his
Procef on the 20th- eyiVlay againfi the faid Lords DireBors again in his faid quality as Agent for
Sr. Paul Py ndar as having the aBion and transport ofthefaidComren and Littleton, concluded that
the Direbtors should acknowledge ordeny (Bona fide) the faid tripartite Jndenture of the iprh. of
cembcr 1642. And by Confequence that the faid Defendants should be condemned according to the
faid Infinuations and arrejis to pay to him the faid Demandant in hisfaid quality and byprovifon to
depofite 2 (000. gilders, which they had undertaken to pay for the Dammages and pretences which
William Courten and others pretended for the faid Ships with interefl from the day of the agreement
to the effeBuall payment thereof as more largely appears by the faid Ivfirument, which caufe was offered
or brought into judgement on the i} th. oyScptember 16 yo. in the faid quality of A beels againfi the
Company and left in Statu. **
And the Lords DireBors at the fame time exhibited a petition to be indempnificd againfi the (aid
Tergens in the fame Caufe: And the fame Caufe on the 14th. oCFebruary i6yi. as before was again
brought into judgement, and afterwards brought into the fame State as by thefaidlnflrumentsitap-
peareth: All which things 'cannot be reputed to be again controverted as to the faid agreement on the
behalf of the faid Pyndar , and becaufe the Adminiftrator of his Goods by the la(i agreement made between
theKxngofEn^znidandthefePcovniccsisto befatisfed, for all whereby theprocefs was freed, (which is
and can be underftood concerning the difference before the Judges of the City of Amfterdam) by
Jonas Abeels, in the name of Pyndar to be profecuted againfi the Company, fo that we find no
caufe wherefore or how the Adminiftrator could now bring into queftion againfi the Company
the transadlion or Agreement made with Pergens as the Procurator oiCourten.
And moreover that the faid Co»rte» remained in full poffeffion of the faid Ships and Goods laden in
the fame. And confequently it appears from them that the altering of the Property and right of the
faid Ships was nothing elfe but a pledge and fecurity for the faid Pyndar which is put into the Catalogue \
of pretences which the pretended fet forth 2. That Courten by hisFreinds and Correfpondcnts of
the Company requeftedthe Dutch in \.bc Indies that they would Command the Govcrnour of the 7/7«
Mauritius to reftore the goods which were faved out of the Ship Bonadventure.
And as for that which is faid that another Ship was taken away by the D«rc^ and there forfeited to
the Dammsge of Courten , and page 8. for the accompt of the faid Courten in the Ship Bona Efperanza
that it was laden with Indian Merchandize there above cxp'reffed to the value of above 5000. Ster-
ling, and becaufe at the time of the Contrafl made, the Ships were long before fent into the
therefore it cannot be that the poffeffions of ftich Merchandize should pafs by the faid Contrad: from
Courten to Pyndar : But he ought to be of the fame judgement that the hazard and Dammage which
fell out ought to be charged on , it agreeing with this Maximc J^aque fuo Domino pereat,
whereas it is contrary to the words of the Contrad (becaufe as aforefaid) all Dammages and lolTes
ought to redound onely toCoarrra, wherefore according to the faid Rule that every man that fends our,
oughtonelytobe underftood accordingly, which plainly appears in the beginning of the Contrad,
where it is faid that was not content with the fecurity oiBonnell, and that and Littk'
raw-were well inclined to give him fuch further fecurity forthepaymentoftheDebt, and although
they fay that they did Grant, Bargain and fell the Ships with their Burthen and proceeding, yet (as we
are informed) the Ships did not belong to Courten or Littleton. And that the Burthen, Wares and
Merchandizes and Policies oflnfurancc, were of greater value then the debt of Pyndar did amount
unto: Alfo that the Merchandizes at that time could not be valued: And that Courten and Littleton
after fatisfadion to Pyndar out ofthe llfues of the Ships should receive unto themfelvs Pyndars Obliga-
tions which he kept to be delivered upon payment, being that he was not to be damnified, but that the
Dammage and profit did onely concern Courten: Alfo that the trading in tbtEafl-lndies wasaded
oncIy in the name of Coarrew; and the name of Pyndar (as in fad we are informed) was never therein
known as the Owner of the Ships, fo that it is moft certain that the faid Pyndar could not in the laid
Contrad gain the Right of Propriety to the faid Ships and Goods in queftion; Wherefore it is an abufe
to lay that hath got thereall right for the Sale ofthe Ships and Goods, which at the time of the
Contrad were in the andupontheIlleof)!7ij«r/ri;;«f or Gci? refpedively, and afterwards taken
and drove ashore. Butallthough this is not to be believed but the contrary hereofmay be on urgent
occafions shewed out of the Statutes, and by the Dodors learned in the English Laws A :
There
f"raud and Oppreflion detc£l:ed and arraigned. 2 5
oavi -piiere was aCuftome in England^ that where there is a fimple
transportation of moveable goods without delivery they give the
Jaid ^ them, yet that cannot be underftood of Ships & Goods
, out oi England which cannot be accepted by the Buyer or his Agent,
but remain by voluntary confent inCuftody of the firft Owner,
becaufe of the neceffity of Commerce for thefecurity ofContrads
and avoyding of inevitable and innumerable difputes there is a rule
made amongil many Nations, for moveables have no confequences
^Mobilia non habere feauelamt and that the Cujioms which are ob- . . . _ .
,n EnAnA .iou. .b., m.f
jEngland J v^hefs^ove tj English should tfiuintuifsthcit U^aifiltFov* feifina nuUa, terra & I. z. eap, 14,
reigners ,they wouldrender themfelvs uneatable of exercifing any Kind iBsprafertar,quifeijinamobtmt,iuiamiliorejlcon-
nf Commerce with other Nations: and although an English-man doth Cf /. 3. cap. 10. verf. i. Pirfcttm
n ta K . r 77 r J a. a.7 J *7 a. 1' a. 1 ^ a.) ^ (jT ^$77(1^10^777 effh^si ex 0U9 de pretio in^
iU in twice/ellmg of goods, yet that doth not concern hm to whom the contrahmus con-rcmt, im tLen quod focu.
' delivered: But what belongs (as its faid) to the tafmnt rei -vcndita yd empta traditio 0? eodtm
laid Courten should be forfeited to his Creditors (that is nothing to 3- ■"'rf. i. cum amem mobile vadum dicUur
the Durpofe ) firfi becaufe ( as we are informed ) the Declaration
llthf tne purpuic ^ P ^ au ^ v> i I r L pu^nofiye martu tradttur,nam contrahtwptgnm
where it appears he was Banckrupt was not made beiore the year ejca jeijina fS" pojjejfio datw credhori ut hie:
AndconfequentlyaftertheProcurationandTransports; And dicitmquia reiimervenme^necejJariu6,fmequonon
that the faid Declarations by the Commiffioners upon the Statutes "ntrahiturohiigampignoris,qua mm dsmum oritur
pain . n r,. , r j J . • f - .u - camres elturaditio eandem fentemiam lateconfirmat.
8^'" againft Banckrupts afterwards made cannot infringe upon that Tbo.Cragierintraa. dejJre Angl.l.i,t,t.i.
which was made beforeby the faid Company {Bona fide.) in fin. Sine Jeifina data libertim tenemsntum Feojfag^
It he mento iono vel locatione ntn transfertar, & tit. 8.
'Veen yitf 19. ut donatiofuU nameris alfolutafit, tradkicme vel quafi confirmari debet; traditio autem yeljefinufquot modufiat alibi diximtu. C?
chis I. ^.tit.i^ yerfii. inqutatraduionibui ^uju.
1 Secondly becaufe by the faid Lettersaswcll ofthefaid Parliament tisthe King of England,it
; that the faid Courten at the time aforelaid or thereabouts was acknowledged for theO wnerfwith whom
the faid Company compounded) & for that end recommended the caufe of the faid Courten to the
• ; Lords SwtoGeweraZf; And for that the Company being Strangers were induced to give Credit to the
I Letters of the G ovcrnours of England, w hereby the faid com pofition & agreement was obtained.
igue ( Thirdly & Lajily , becaufe the faid Abeels himfelf as a Procurator of the faid Pyndar, confented that
:s of' the faid Company should deal with the Agents of the faid Courten ; And prohibited onely the payment
: I[le i ofthe Money to any other then himfelf or Sr. Paul Pyndar, Y ca, which is of a greater force, it is accord-
! ed between the faid Agent and the faid Company when he was to conclude the approbation or denyall
of the faid Contraft and the payment of that which was promifed in the faid agreement by the faid'
Company, as by the faid Inlinuations and Ads before the Judges of the City of Amfierdatn more fully
& clearly appears.
Thus It is advifed by us at the fJagm in February 1663. and fiib-
fcribed by Wyan den I\erckhoye, Martin yan der Goes, lohan WaU
heck, lacohyan Stryen, Corn. % Furgersdijckj %yan Molaijchot^
GaJp.Fagel.
^ eir, inter alios ex S^ento in reg. Majefl' Scot.
L. z. cap. I 8. sr donationem ipfam fieipna fuerih
fuhj'eetnaperpetuo res manebit iUi ctti faCla fubdona-
tio is htiedtb.fuu, fi vera nulla fuerit feifinafubfe-
cuta ex tali donations nihil efiicaciterpeti poteii, quia
id intedigitur ficandum Kegni eonfuetudinem potiui
effe nuda promtfim quam aliqua yera donatio terra
yel hereditatis, fine feifina Spajfefiione nihil opera-
tur,quia traditione dominium acquiritur S yulgo ac-
ceptum eji chartam fine feifina nihil Juris tribuere,
quia Charta nihil altud cfl quam nuda premijfto , cutro
T is "Very obfiervable & to be remarked, that the Hollanders took
, J^i/BonaEfperanza, in the year 164,3. theYTing was
not in a condition to frotebt his Subjefiis , fo advantages were
always taken to jfioil us abroad while the Kingdom was divided
at home, r The Dutch Eaft-India Company being fienjible of
MbCourtens Grants foSb Edward Littleton, & Sb Paul Pyndar,
before any transaUionwith MbPergens, confederates
to get a colourable pretence to compound with Pergens, who had no
right or property from Qo\xne,n-,notwithftanding the known rule in Law (^Nemoplus
juris in alium transferrc protcft quam ipfe habeat} did procure a Letter from the long
Parliament to Mb Strickland, their Agent in the Hague to recommend the caufetothe
States in the year 1 (pifj .infavoiir of^etgeas.And to make a mock ofthe lateYx\ti%,dtd alfo
procure
24 Fraud and OpprefHoh detected and arraigned.
prociire his Majcfties Letters to the States Gcncrall in the year 1647. in favour of V ' qu
gens hkewife-, when Paul Pyndar haddijcovtred thefraudulent fraBifes <^Courten
and his Complices , 'ivhich were timely interdiBed by Jonas Abecls. To add Fraud &
Ofpreffion to force & violence , are jucb abominations no where to be found i paralellX
Holland Zealand. |
They areworfe t hen inMcWs yt hat providenotfor their own families y butthey are\
worfet hanV^'g^n^ that do it out of ot her mens Ejiates y And will not render an ac-:
count for what they have gotten into their bands by mutuall trtiH and trajfique or by
fi-aude & force, which by the Laws of Common Humanity they are obliged to do.
There was alaudable Cuftome amongBthe Greeks of old yt hat when any offender Sy;
againB theD'vth&or Humane Laws, refuge into other QizicSy out of the J urism
diBionofCx.ttQ .Cy they would apprehend as many of their Citizens upon the fir B op»!
tunity y and put them under fafeCuftodyyUnt ill they should deliver up the fugitive par'
ties to Jufticc. Such a good praBife in thefe days would fpoil the two Holland San-
£tuariesCuUinburgh<?«^^Viana, andvery much diminish the two cheifeB Cities Am.'
flerdam^Wi^ Middclbiirgh.
^Advocates Civilians in the Low-Countries may be fifferedto maktCommen- \
taries upon r -ur English Laws-,or to give their Interpretationsyfy ConJlruBions upon CoU'
traBsy & agreements between Kings SubjeBsy concerningt heir own inter efl y S"
property. Weftminfter Hall, the Inns of Court & D" Commons would be of no ufe
in any farraign caufes-^ English-men wottld have nothing more to lofe , when their
birth-rights (the force & vertue of English Laws & CuftomsJ are taken away by the
Hollanders: That takes advantages oftbeir own wrong.
Every one ought to take notice of another mans right ywho intermeddles with that
wherein he hath no property • the righteous man finding his own Sheep in another mans
paflure drives them to the pound untill the Vammages be indifferently valued &
fatisfaBion given accordingly: if the Hollanders & Zealanders did the famey who
have lived upon the ffoils of aU Nat ions y their 'Lz^AmdisLABions would fall from a
Noble to nine pence.
Upon their own shewing y f^^Eaft-India Company of the Netherlands fet forth in
their cafe, that William T 00ms, William Courten, Cap*. Moulton & other proprietors
in fever all petitions Claimed the fumm of pounds Sterling in purfuance of
Cromwels Treaty Anno 1654. wherein theDammages arifing uponthe foils made out
by the fever all depofitions of the FaBors & Mariners being confidered, (the damnum
emergens &the lucrum ceiTans were both put into the Ballance ofjuflice & Equity^
other wife the Hollanders would make great profit by other mens lofi, not onely in gaining
thefpoils, butingroffingtheTrzdtl&Fizvigziion tothemfelvs, asthey didtoMzcczo
& theBSvcx Canton by taking away theOriginallContraB & Articles made between
Courten & the V iceroy of the Emperour of China at Maccap.
Thefe aggravations ( inter alia") caufcd this Tatent following for Efpeciall
Reprifalls to be granted under the fevcrall Conditions, Provifo's &Limi-
. rations contained therein.
ACopie
m
Jt raud and Oppreflion detededanu arraigned.
2f
A Copie of Letters Patents , for Efpeciall Reprifals from
the King of Great Britain, (under the Great Seal of Fngland)
Againft the States General! & their Subjedls, inrolled
in the high Court ofChancery.
H ARLES the Second, by thcGracc ofGod, of England,
Scotland, France and Ireland King, Defender of the Faith , &c. flIi<Cl)zi1!ian
grople roh)f!omtl]cfcp2cre!it^0^all cotnc, GRtETlNG: WHEREAS our lobing
Juibjrct William Courten orfqiure heccafeS, onh I)ip gtartnerp Inno i<S43. bptfte
OepzeDation onD IjolIUeact of one Gailand, ConiniaiiDcr inci)iefoftteo^f)ippte»
longing to tl)c uBafi-SlnOia €onipanp oftJie Netherlands, ta'ajl bettoeen Goaonf
Maccao in t^e Jnraigbt^ of Malacca, Oep/ibfb and moft injiiriouflp ipoilcb of a
certain ^Ijip named ti)c Bona Efperanza, and of [jer Carhiing, 3tpparrell, and
^^urnitnre, and all tf)e4&oodf5 and lading infjer, upon a berptjopc^il trading
l&opagc to China, tofiici) bzctecarrpcd to Batavia, and tijere all defafto toit^out
due p?ocef^ of ataVn cnnfifcatcdj SSnd t^at alfo in t{)e fame pear, anotfterladen
.^f|tpof<©ut faid Subject, called tfje Henry Bonadvemurc, being come on ground
near the Sifland Mauritius, toa^ tljcre botij ^bip atid (©oob^ feijeb upon bp fame
of itic <tB>ficer^ and diBintlierji, and ©rfjer^ under tljecommand oftfje faid'^afl-
'5i! dia€ompanp, andiitterlpOeteinedfromt^erigbt^©tonfr^, AND whereas
c|)e faid William Courten, and ijijS ill dip life time, iifed all poffiblein-
deabour^ to retohcr the faid ^!)ip? and <©oodp", and to pnocute furtdet Slutlice
againft tfje JilSalefactour^ , aiid pet could obtain no refiuution o? fatipfaction,
tol)crebiitd«f'Uu . ill V ijemncfj iJiflreffedfutterlp undone in tfjcirdSflareandiffridit: 2fnd tljat thereupon, and upon tfie
muit')iunblc fup; iieifnsn and ildjeffcs! of Francis dEarl of ^Ij^eto^biirp, and William Courten aEfquire, ®?and €i)ild and
of ttje faid Sir William deceafcd. Sir JohnAyton and SirEdmond Tumor Utnigliir^, George Carew $ Charles Whitakci
lii'qiticeiS, oi! tl)e behalf ofttfemfelb^mid diber^otdccsSintereffedtntlje faid tbno^ijip? Bona Efperanza and Henry Bonadven-
tiirc^ and in tdeaJjuuejS oftijc faid sir wilham Courten dcceafed. Sir Edward Littleton SBaronet, and Sir Paul Pyndar flnigtjt
deceafed, tdat'©t^fouldtalietfjeif'fEafetnto^ur^nn'celpCDnfideration. WE OUT OF A JUST SENCE jBetdenfad
Staitrp and good coiiefpondinee, tot)icfji®ct6endefirBdtoconfecbctoit|»tfjemfirtnandinbio(abk» AND WHEREAS aftet
febrrallldjei'iti^ made totljefaid States Genetallbp faiddSnbop, and notijing granted effectual! fo? relief of<©ut faid
^abjectd, (laljom IBc tabe <JBinrfelb^, in igononr and Sfnftict > concerned to be fati^fied and repaid) H3e latelp commnnded
the faid Sir George Downing to intimate and fignifn to tlje faid States, tfiatlBe eppcctedtfjeir final Ktiifmer, concerning fati^»
fattian to be made fo? t^e faid and <l5ood^ bp a time tljen pjefired and finte elapfed, tfjat tOe migfjt fo gobern ourfelbsJ
tljtreupon, tfjat ©nr aforefaid Jmbject^ migf]t be celicbed according to ISigftt and Slnfiice; SCndpetnofatipfactorp^nnuer
l^atl) been giben, foti)atM^ccaunotbutapp?ebciidittobe, notonlpafrnitlef^endeabour, batapjofIitiuingof<©uc®cnout
and digniip, to mabefiict&et supplication, after fo manp dcnpalp and fligfjting^. and whereas johnExton, ©octoj
of lEato^, Slndgc of <©nr HJigf) Sidmiraltp tfotirt of England, upon ©nr iCommand, to certifp to iljT t'lje balue of tfje loffe^,
and dammage^ fufieincd bp tfje faid William Courten and ^artner^, toljofe S'nterefi i^ note befled in <©ur lobing ^ubject^,
Sir Edmond Turner f inigfjt, and George Catew (ffifqnire and giartiiecji, batg upon full ^ramination and p?oof^ tljereof made
lip)nitneffe.^i!D©Hr^!gq€outt of Idmiraltp, reported and certified under IjisS {jand, cfjattlje fame do amount to tfje fumm
of one ljiind)ed fifoi one tfjonfhnd fip ftiind^ed and ttotlbe j^ounds?.
N o w KNOW Y E E , (Cfiat foz a full reffitution to be made to tfjem fo| tfjeir ^fjip^, <0oo&s? and jlEertbandijc^, of
toljicljtfjeraid William Courten, and tfje3fiff[gn^of tfje faid William Courten and^artner^, toete fo defpoiledajJaforeTaid,
toit|jaIlfut{j€afi:sJand<a:{jargc^, a^tfjep^fjallbe at fo? tftcrecoberp oftljefame, S©e bptfjeldbiccof outl^?ibpCounciII
jbabetljougbtfit, and bp tfjcfe p?efcnt^ do grant 3ticcnce andHnt^oritp under ©ur great ^eal ofEnglahd, unto ©ur faid
^ubject^ Sir Edmoiid Tumor aiio George Carevv, tfjeir uErecuto?^, Idminifirato?^ f SlflTign^, fo? and on tije befjalf of tfjcni»
felb^, and otfjer fietfon^ intereffed ajs aforefaid, to equipp, bictnall, fiinii«Ib, and to fet to ^ea from time toume,fuc||
and fo mann .SiljipsJandJ^inaceji a^ tljep sSfjall tfjinft fit. provided aItoap^tfjartbcrebcan£ntrpmadeandffCO?debin
tlje 3!!dmira!tp-€aart of cljc .©ame^ of all Jbljip^ and ©effelsl, and of tfjeir 25urtfjen and Ammunition, and fo? fjoto long time
tbep are bictiiaHcd ; Ind nifo of tfte jSame of tfje Commander tljereof, before tgc fame o? anp oftbein be fet fo?tlj to ^ea;
Ind toiti tbe faid ^fjip^ and j^inace^ bp fo?te of lUrrti^ to fet upon, tafte and app?efjend anp of tfje ^&ip^, ©oodp" j JlEonep^
and iSSaetcfjanbije^ of tlje States Genetall o?anp of tfteir ^ubject^, infjabiting toitbin anp tfjeir ©ominion^o?(Cerritorie}S,
tofjerefoeher t^e fame^ball be found, and not manp^o?to?l|arbonrin€nglando?SIireland, uulefji itbetfje^fjip^anb
©ood^ of tlje partier? Hjat did the b3?ong. 3IInd tfje faid ^hip^, ©oodjS, JIElonep^ and JIBerctjandijc^, being io tahen and
b?oaghc into fome l?o?t of ©ur Kealm^ and ©ominion^, an Snbcntorp thereof ^hall be talien bp Authoritp of ©nr Court of
Sdmiraltn, and judgement ^ha!'&e giben in ©ut Court ofAdmiraltp bp tljc 3!ndge o? Sudge^lhercof, fo? the time being,
upon Pt'oof^ made before him, o? them, that the faid ^hip^» ©oodji, IDare^, ISerchandijei^, o? JilSonep, did belong to tht
States Generall, a? anp of their Subject# a^ aforefaib. ®hat then ^hall be latofnil p?ije to the faid Sir Edmond Tumor, and
George Carew, their C.rccntozp" ,?!ldminijIrator^ and-KfTtgn^ 30 aforefaid, to retain and beep in their o? anp of their Poffef*
on0, and to mahe ^ale, and difpofe thereof in open JSarbet o? hotofoeber elfe, to their $ cberp of tfjeir bcfl Utibantage and
SSencfit, in e0 amp!? manlier a0anp time heretofore hath been accnflomed bp toap 6fJ!iep?ifall, anb tohabeanb enjop th*
„famea0?atofullp?tjc,anda0theirbtonp?opet©oob0: SO that neither Captain, jjlSafter no? anp of the Com*
„panp, that 0haH ferbc in hi# otongerfon, o? 0hallp?omote and adbantethe faid enterp?ife in manner and fo?m afore*
„ faid, gfjall in anp manner of tnife be reputed o? chailengedfo? anp ©ffender againfl anp of©ur SEobo#. 3lind that alfo it fhall
„ be latDfnll fo? all manner of pcrfon# a# toell ©ur Subject#, a# anp other to bup the faid ^fjip#, ©ood# and JKerchandije#
„ fb tahen, and app?cijended bp the faid Captain#, JKafier# and other#, and adjudged a# aforefaib, toithout aiip damniage,
„lof#, hhtderaace, trouble o? molejfation, o? incumb?ance, to befall the faidfBnper#, o? anp of them, in a# ample and
„ latofuH manner, a# if the ^h'P# > ©ood#, i©are# and JIKerthandi je, had been come anb gotten bp the labifnil ® raff que of
ilBetchant#, o?ofjutlp?ije#inthetimeofopeni©atr, fRQVlDED altoap#, that all ©oob#,anDjJfettchfindi3e,
© cahtH
Ffaud and OpprclTiondcccftcd and arraigned. b
taftcn &!> bittue of t{5isS 4&ur ComniifTion be ftept in faftto, mi no part of tfiem toaffcti fnoifcb fn ^
tf)e23nlhtbc«ofbjoheii, untill Subssmcnt ^abt firil paft a0 aforefaib, that tbep ataKhtni anb ^
Statq Genera!!, 0? fame of cl)eiT ^nbjtcr^ ap" afotefaib. Wt, if bp roCt of tli JSkSiifSn
^b,p^,<t30Dbi^,o;,!aSercbnnD:5.^ofanpof<&urtobi.i3^uD5ctKS»^^^ ,
d ; Ifmirp tonIjlip (ercqit tbeiwres Gcncralll oj tbdr itibttfts'ao'afnrrYaih i$ fiier h 9°°?5Ctagitti r .
t.mm.i,nicD, c? tbhnilhrbaccfbjohcn in
of tbcir tp ap aforciaib, ttjat rSjcn <!romniiffion pljali "b? of no fnffiCKni lutfioritn to taftfthc '<»?
^JlSerrftaotoscg-, oMo toarrant, o|^bc tjarintlef^ fucb ^ ml t«nKup o^ to
„p;i5cp fotai.fii, ;i tbe faiB ^i)ip of !©ar, pbalt be tonfifcateb to <g>i!tufe. AND TORTH er ilbr
„ It ©lit toill anb plcafnre, tljac t{)i^ <©ur Comuitfrion Phail tcnitoii in fnU fn,« n»h «nw,^ » u ®
until t6=f«to SI,
•„ bmuetfiertof fjabebpfojceoftoappjeijenbeb. tatoi, fd?tb. Ke«b"
onefjunbfebftftponetfjoiiftnb fl,cfiunb?c0 anftttoelbe ponnbO, accoibtofftSnfaffr^^^^^^^
„ bp fiificient 2fppjaifer^ upon noniliiateb anb autfjorifeO in <©ut faib Coittt oflOmiralta of alFfiifh ^ x''
,, Caress , anb jmmljanbiB^^aiS pftoll be tahen from tfie' faib States GcneS |ft£S?foSnfomf
^tfommiffinn, ofp^all otijettoap^ receibe fati^faction of t^c^ebt aforefaib, bji Conmofitinn to he ^
„ tbe €aii-3nbia€onipanp oftljc Netherlands, anb tbefaib Sit Ed3TrHorfSgS^^^
„ niftrato?^ $ai|Tian^ ap" aforefaib, NOTWITHSTANDIN g it fo ftappen, the ptefent bfffcrencrbettoepn m J !«! /., c "t
„ General! bepcnbina upon genecall SicpjifaliiS, map be agreeb anb compofeb, anb that in the interim a Srennh^
„ tcfponbcnce map be renetoeb bettaeen Up anb tfjc faib States General!; in sUich cafe nevertSr b S ^fr ^.if r
„ that in the ejrecution oftdip <©«r ^omniifTjon no biolcncc phall be fcone to the ©erfon^ of tfic faib I.f If fil r
„ Generall, but oneip in cafe of refiflaiife, $ that after in colb bloub, the Aubicct J S fofb ^ n'
„^hfH&EMfeOtoithaUconbenient office of hnnianitp$ftmbnefp. AND further wtoinltoeab ^
i, it ^ha« happen that all hoffilitp bettoecn the States General! | #nr refnettibe iSf/ihn i ® J i
tfommiffion p'hall remain, $beinfmifo?ce®potoer, to the faib SirEd^dZn^nbGS
^Ebminijiratojsis anb Hffisn^, ap aforefaib, bo bertue thereof to atjoutchenb tafip onh r T ^
manp more of the faib ^h'PiS anb <©oob^ of the siates General!, o? anp of ipeit faib ^ubiWfp mfbe fitoltfr^fi^fh r i
mcntioueb #haH toiinterbail, fatijifp, $ pap all fnrh €off^ anb 4araea a^the faSf f,'
totoarbp tlje equipping, manning, jams, funmius, $ bictualitm of the faib .Sftina Tlirln^n
aforefaib, bp thi^ (©ur faib Commifltojii to be cquippeb, maimeb, fiirni^fieb anb btotudireb hn thpfffn «• cf
„anb George Carew, their €recuto?^, Ibminilirato?^, anb mS ap mS^^^
OUR WILL anbpleafurei,, anbi©eOo herebp requke ©uTgiS m /N;
tljetimc being, anb ail other <©fficcrsS of the Ibmiraltp, anb all other <©nr§uboeoI%L^S(iSffiFIL^fv^
subject# tohatf^ber to be aibing anO affiffing to the faib sir Edmond Tu^or, flS®Geo?oetS
lltatoi^, anb Ifffgn^ ap aforefaib, in all pointy in the bue €-recution of thiii <©ur Konall iirmnmiiTm^^^^ ^nh!
fubicatioii^ anb abjubgcall^hip^. Mercljaniiisep,.monepp, anbi&oob/to berttte theSm be ta^pn
©lincelp intenrior, fjerebn flgmfieb anberpjefTeb, anb to tlecarethatthf^ #,,r SL K
fabmirablp interp?ctcD anb conftrneb in aUrerpfct.^, to the benefi anbKSS^^ «>!
George Carew, their «£recnto?ri, -abminiilratoiiS aliblffmnjg, aJafoS i n w fr n ^ f M
thefe©urEettcr^tobemabe©atent^. J©ltnef^i^^rfelfatl®e|^minfierthe^9,bapof4^ap,int£.T^e«?f1^^^^^^^
by the king.
a>
He fevcrall rcafons and circumftances,that attended this Cafe, were fufficient grounds and confiderations for thi
King , to intaii the grant like the Laws of the Ueies and Per/inns, that never change. !'
All So^eraign Princes, that have pcrufed this Patent (printed in feverali Languages) upon Mature delibe-i
rations, have held the claufes& limitations therein, to be as generous asjuft, andoughttobeaprefidemin|
fuch cafes to all future .ages. , f
The Earl of Clarendon, late Lord High cJawe/or of England controverted thofc two Efpeciallclaufes for continuance ill'
the patent, feverali Months before hf gave his fiat & wf/i/ for the great Seal. Sir Kobert Wyfeman, SirlVtlliamT^urnerl
Sir Jeffery Palmer, and others of the s/afj councelllcarned in the Laws, fuflSciently fatisfied his Lord pp , that it wae.
both reafonable and juft (inthisf/^wtafl Cafe) that the Tatent should havethofe Efpeciattgrants, to be in full force an/
EfFefV, both in times of Peace and, Warr , until! the parties injured and intcrefled should be fully fatisfied and repaireii|
their debt and Dammagcs. _ i
It is moft certain thatthofc grants AtConttafts, which are made repugnant to Law and reafon, have a Nullity in them-'
felvs, as inconfillent to the very being of common right and property (and many times fuch things have hapned in TteatieSi
of Alliances between Princes & States.)
But when any difference & difpute, (concerning Meum C5" Tuttm) have paffed the Examination of the High Court of
Jldmirakyi Committees of Paliamint, ConnceS Table, publique Minifters abroad, and all other Offices of the gteatell,
truft in the Kingdom at home, and even at lafl reduced to that certainty for fatisfaftion, by a facred and judicial! aft undei-
the great Seal of England, how fuch a grant can be dilsanulled without fatisfadion, isaparadoxandfuchaprefidcntthatl
cannot be found in any other age. f
Ejpeciall KeprifaHi are no breach of peace,being ufually granted in times ofthe Striftefl Alliance & Amity between Prmceif
4c Suites. Wherefore it was lavvfnll for the King of Great Britain to eftablish fuch a Grant to hisSubjefts (in this cafe) thai
should continue untill fatisfaftion sh.ill be recovered for a Spoil and injury done to his Subjefts in times of peace by the:
Eaft-lndia Company of the Netherlands, who confelfed the faft, and had by two of their own Direblors & Participant!
(Etnb iffiidors in Ens>land) in the year 166a. concluded and agreed in a publique Treaty of Alliance and Commerce, that repa-
rations should be forthwith made for the fame j But'aftcrwards upon their delays and denyall in the performance ofthatand
otherthings, the Lords and Commons in Par/fowewvoted toaffifthisMayi;/!^ with their lives and fortunes, for general!
JLeprifaOs againft the United Netherlartds , whereupon this Patent for EjpoeiallKeprifall followed : Which is fuch a publique
grant ( taken notice of by the contrary parties ) that can onely be vacated by a Sciro Paciat when the debt shall be re: '•
covered or fatisfied by Compofition or force, otherwife there would be no fecurity in the world.
Neverthelefs fi5e States General! do pretend, they having fubdued the Kin^ , Lords, C?Commons (a',-
they fay) during the treaty at Breda ; That they are Preed, fS acquitted thereby , leaving the debt &
Dammages ineumhent upon the Crown and Kingdom , togivo fatufaSion to the Ptrfons interejfei
andinjuredas aforejaid.
It
ihenanw
Ceagwl
Sellebil
O^fciRll
©oob^f
JOtfj tjltJ
aretjjaw
irpofeiif
PtjalHif;.
Mil,®
bEniabfv
©oob^f,
5 Cft{)j|i
tiiofece
> ^binj{
f)c Stat
lOb Cojj
leafurtj
iib Stato
ounDet
CUtOJji,
mji, fj;
ntrefotf
Carewi
tifpfli
cifea
Turnoif
ANiJ
ftp, foi,
.a#
Hbtttintf
b toat|
3toou|
:0, aiil
lor an|
icaufcilt;
nei3i|.
NG. •
Fraird and Opprefllon dcteftcd and arraigned.
27
bc-('
1
:iif
It is neccflary in this Appeal to make a little retrofpeA
into former proceedings, and give aperfcdt account concern-
ingall {^owr/mMannors, Lands,Tenements andHcredita-
ments granted and affigned unto S- Edipard L'mtleton^ as afore-
faid towards his indemnity, and payment of the debts.
15 t!ie||far i ^5 Edward Littleton ftp ffbfrat of fiargam anb
fafe granttD ail iSiglit anO Sfntrrefr In ttje HDannorjg of
PyrtoHj Auntoiij Evesham, Severne, Stoacke, Over-fwel],antl Lower-
fweii, anD otijer lanij^ anSi (STrnnnentg In ti^r (iToimtle^ of Worceftcr
anD Gioucefter, unto George Carew, i^i^||)rir3Sf anOUffign?^, anoto
fucO other #erfonsf ajS Directed aiiD apiJolntro In trufl totoarO^
fatlsifactlon of tlitfaiocarewi anO other €reDlto?gnifntloneD In Dlherss^eeo^
Declaring thtfalbtruff.
Whereupon wasdifcovered thcfc incumbrances following upon the faid Latidsrw^.
1. A fettlement and entail upon M"- Courtens Marriage with the Earl of Bridg -
waters Daughter.
2. Several Wlong3igcstoT)antelHarvey , Merchant, Thomas Coppin Efq""- S""'
WilliamCurtiuiYinx^xy Giles CartJohnRusbout Merchant
and others.
3. A Claim of the CommilTioners upon the Statutes againft Bankrupts.
4. A Claim of the Committee of Worctfierhoufty for S"^* Edward Littletons dclin-
quency.
y. ^»J/<iy?^,Severjtll Extents and Seizures upon outlawries againft S'- Edward
Littleton and William Courten.
^^0 that after all thofe Dlffltultleg^ toere reniofaed, anD lneiirnh?anfe35i conflDers
eb unber fefaerall eontraet^ anb ag^eementj^ njlth the refpeetibe partlegi, the falb
3l5anno?^l,3^anb^ ^c,i[bertfolbijp Carew, foon afterthc itngsr moff happp
reff auratlon, to the perfon^ follotnlng t bl5.
The Right and Equity of redemption in Seavern St oak , and of other Lands (in
Mortgage to the faid "Daniel Harvey") fold unto Thomasy Lord Coventryy for 12 00.
TheRightandEquityofredemptioninZ,ote'?rd't£'f'//fo|duntoS''- Robert At- 1
Knight ofthefi^^^j for ^
Thclike in fold Unto S''-Baronet, for 300.
T he Manner olTyrton in prefcnt poflclllon fold to the faid Thomas Lord 7
Coventry y^or:
The Manner of with the diflblved Monaftcry, inprcfent poflefllon f
fold to M''-Merchant for \ *
The Manner of Aunton inprcfent pcflefiionfoldto Thomas Foley E fq''- for 3 600 .
2.1 y 06.
5n u>hofe poffefTlottsS the falb i^annojis, ITanbiS anb (^enementis bo remain
at thl^ time, fomeof the falb purchaferg h^fci'ii0 clearebtheill5o?tgagesi, anb
other int«mb?antesi > tt»hie& erceebeb much more then the pnrchafe monep.
And
If
Fraud and Opprcflion detected and arr«tigncu.
An account how the faid a 1 700. was paid and difpofed to the Perfons following.
PaiduntoCH''.S^moxi%mit\x by appointment of the CommxffionQxsufonthe^
Statutes concerning Bankrupts in purfuance of Mr Carews agreement and toe. 2000.
articles with them for their Inter eft and title in the Lands y thefum of )
Paid «»?<? William Courten the Grand-child and Heir forjoyning in the falel
of the Lands by fine and recovery the fum of ^
*Paiduuto Littleton and others by Sr. Edward Litdetons appoint-^
mentthefumof ^
Taid unto feveral Perfons for dtshursment in Law and other incident charg-i
es as by theParticulars appeared ythe/umof C 1800.
Paid to George Carcw towards his.debt and Dammages - 5000.
Paid to the Executors, t^dminiftrators arid Affigns ofS^. Robert Thorold
S'. Anthony van Dijck, Alice Walcott, Eufebius Mathews, Jeremy 1
Elwes, William Bagott, Robert Ay ton, Robert Davies an a others} 7400- j
proportionablytotheirDebtsthefumof J
S'
217C0.
whic
Son
the tjetfon^<Cflate of M'. Courten in England fcoa^ granteb anb afllgneb before bp the faibCont^
imfRonre^ to J ohn Petty ward anb Thomas Birkhead, in tcufi foj tge (Ctebito?^, tuhich bibiOcb amongfi
th^, anbpielbeb onelpi^. Pence in the poimb. aPhecefoce it map appear to all jubidou? anb reafoiiable
ifim> that the ^f>on^ anb Pcir^ of Peter Boudaen anb Jacob Pergens nji)o aceforichj ought to come to a
fair Hccwnt foi & William Courtens €fiate gotten into their hanb^.o^ be requircb t!jereimto in a .Rational
toan after afl otner mean^ htthtt to ufeb, habe piobeb fo in effectiian tohich hereafter i^ further beclareb.
^t i^ to be remembieb tljatagreat gutefliou bib arife in the cafe concerning M'. Courtens ^aiib,^, j
hetvoeen M'.Carew, M'. Courten the <©?anb-ch>lb, anb the Commifiioners upon the Statute^ againfi
25anclicupt#; tohereupon feberaH fuit^ toereconmmencebmaup pear^* anbatlafiuia^agrcebbpaccfci
teiicc imto s,. Orlando Bridgman anb Serjeant Newdigate.
turn
Ca/e ippds this
William Courten Tenant in tail, Bargains and fells his Mannors of Aun-
tony and other Lands in the Countys of Worcefter and Gloucefter in the year
wnto S^, Edward Littletonznd his Hcyrs,andin the year 1^4j. becomes
Bankrupt. The Queftion was, whether the fiftate-tail, that paflcd not by the
Bargain and fale^ should beprcfcrved, by the Law, for theHeyr in tail or
whether theCommillioncrs Grant by force of the Statutes againft Banckrupts
(for the benefit of the Creditors J should barr the Heirs of Courten the
Bankrupt, ornot.
over
fierd
aSc
Cou
mg
Cou
Goo
hisR
cord
the 1
ofC
and
Can
whe
Amj
bcfo
L
that
©meltattjperg ojetenbeb that it toa^ Cafit omijfut out of the^tatute^,©ther#,that it toa#
toitftin the common tntenbment of the ^tatute^, anb true meaning thereof to barr the
' ifTueintafl; anb ^tteCommiffioner^h^ thefamepotocrbpanap'fignment to bare
me<i5flate-taila0 theteir bp a fine: hotoeber no purch^er tooulb beai toithout
theigcicdconcurrcnce,tohu®abbancebthep?ieefeb«aHpar^pi«rchafe.
^mheleSmanp Crebitor^, that fought their relief unbcr the Commiffion upon
the ^tatuted againfl 25anftciqtt^.toerebifrati^fiieb anb tooulb notconfentthereunto,
linlefd USr. Carew tooulb enter into mticle^ anb cobenant^ to profecnte .fPr. P«er
Boudaen, anbhi^peir^fb?anmcountof the flocltinCon^ai^toith S'. William Cour^, that tljep
ttSS«flinfflbiblbent^ thereout acco?bing tir^ faib cobenant^, anb alfoof all other Wnjl
William Courten aVhi ^^on^£»tponl>t6ffra, tDhcrcnntothe^eirbja^torenonnce hi^Jjight
®'^^SfSSmSl^inpufflSofthefaib1trtiric^afngncb^
M'.Car^ inall the^ction^anb pjetentioo^tohatfoebecmthe United Netherlands that belo;igeb nnto
M'. Courten.
prea
land
cafes
in fa
Hig
Jufti
was
accc
with
"swnh M' Carcw alfo bpconfentanboioaicemcnt of William Courten the dBtanb-chilb hab letter^^
.
^bminiflration
him,the faib Carew, nnber ^ealof the p?erogatibe Court of Canterbury .• bp birtue tohcreof thrfe foilotoing
l^joceffe^ toere infiitnteb.
7Ji
upo:
pror
zem
the
Lau
S .J
Lor
ng.
:ooo.
Fraud and Opprcffion deteaed and arraigned. ap
The Trocefi at the Hague.
The Qaje,
ooo George Carew Efq""* Plantiff
Jacob Tergens Merchant j Defendant.
500,
tSoo.
Cr. Gats , late Penfionaris oWoUand^ became bound at London^ ac-
' S cording to the Cuftome of England unto S^. Wijltam Courten Knight
^ by a Writing Obligatory dated the 2(f'-o^July, i^3i.inthepcenal
^00. fumm of 3C00. oc. Sterlingjupon condition indorfcd for the payment
of zo8o. oc of the like money on the la'l'- oi February followingi
which was continued at Intereft after the death of S'^. William Courten , who left his
7*^®' Son William fole Executor who afterwards (being infolvcnt) did by a Letter of At-
Com^ turney wxthan Affignment bcaringdate the 31. of 1643. transfcrr and make
longjl over the laid Obligation and Money thereupon unto the faid Jacob Tergens of Am.
"ta'a fierdamnndcT pretence ofadebt due to him. Whereupon obtained
nojial a Sentence in the year 1661. for the laid debt and dammagcs, in the Provinciall
'b. Court at the Hague againft S^. Jacob Cats and his Heirs fix years after the death of
gamfi Courten the Executor, from which Sentence they appealed to the High
arefes i Court of Judicature: Then, pendente lite, George Carew^ Adminiftrator of the
Goods and Chattels of S^. William Courten intervened in thecaufe and exhibited
; his Requeft by Bill of Complaint to the faid High Court fetting forth his Right ac-
cording to the Law and Cuftome of England, where the debt was contrafted and
■ the Bond made, and prayed that his intereft might be preferved, and that the Heirs
Ann- '• olCats might be ordered to pay the money to him in right of his Adminiftration,
year and t\i^x.Jacob Tergens might be condemned to deliver up the faid Bond to the faid
ames: Carew uncancelled , as an effc£t of William Courtens Eftate unadminiftred i
jr the whereunto Jacob Pergens made his Exception in writing, that he was a Burger of
il or ! Amjierdam, and fo not lyable to be fued in any other Court at the firft inftance but
rupts ! before his competent Judges at Amjierdam.
! the i U nto which M". Carew reply ed that Mr. Pergens was a free *Henizon of England^
I that he had his dwelling-houfe in theE^sfg^/ze, when he wasfummoned before the Su-
; pream Court of Judicature which is the High Court of Chancery in Holland, Zea^
T ^ejifriejland. That all Strangers by inftrudtions of that Court Q in fuch
\ &act cafes of Interventions} were to be admitted at their firft inftance, that the Sentence
t&out in favour of M^. Pergens before the Provinciall Court was erroneous: and that the
High Court of Chancery was oblig'dto give Sentence according to the Rules of
into, Jufticeand equity praftifcd in England in matters of the like nature. And that it
P«er fhe cuftome of all Nations to give judgement upon Obligations and Contradts
according to he Law of the Land where they were originally made. Yet not-
withftandingthofe afiertions and all other Arguments and Reafons that were given
upon pleadings j John de Witt, being a Kinsman of Pergens his Wife, the Lords
rlnm pronounced the Sentence following upon the i2'^ ofcJE/<y, 1663. to the great ama-
zement of the Advocates on both fides, in regard the Cafe hereafter was agreed by
the Court and fent into England for the advile and Opinions of the Common
tpjnj Lawyers, & Civil Lawyers there which was fiibfcribed by them in the preience of
S.J.Wright and Joh.t>ameli NotariesPubliquc. And them fent Exprcfly to the
Lords at the Hague,
H Cojm
onal
iJi'SS
unto
Fraud and Opprcffion detedcd and arraigned.
The <L/lc\mce Opinions, of the fudges, T>oBors &• Common
Lalcjers in England, upon the Cafe aforejaid, transmitted to the High
fourt ofludicatureatthe Hague.
I yijzfs Sempronius per Chyrographum manu fua fubfcriptutn Guiljelmo Courten Equiti Au«
: ratoinfummaduarum millium librarum atque fefe ad ufuras conventas PrasftandasadCa-
llcndisjanuariilongcelapfasobligatuserat; GailjelmmCourten, Eques Auratus Teftamen-
(turn condidit, in quo filium fuum, natu maximum Guiljelmum Courten, Armigerum,
Heredem & Executorem inftituit, & moritur. Poftea Guiljelmut Courten Filius, Haeres, & Execu-
tor inftitutus, faftus eftDecoftor (Anglicea^dncfcupt) & praedidtum nomen & Chyrographum
cum totis interefle & ufuris Cajo cMdvio, uni Creditorum affignavit & tranfportavit. Sed Sempronius
nullam partem debiti Cajo cMavio folviffefertur, fed totum manet infolutum,& poftea Georgio Carew
Hsercditas jacens, & adminiftratio de bonis non adminiftratis cum ultima voluntate annexa praedifti
GuiljelmiCourten, Equitis Aurati, decretoJudicisCommittitur.
Quaeritur lo. AnpradiBumdebitumvelChyrographum in quo Cajus Sempronius Jletit ohligatusper
leges Anglia Cajo Maevio affignari pojjet.
Quaeritur -rin Georgio Carew> cui Judex Litter as adminijiramnis de bonis non adminifiratis
ejf hareditatem Guiljelmi Courten Equitis Aurati commifit, pra^
diSlum debitum (jr Chyrographum juris debeatur.
dam
ton
lotoi
a.f»
ci'yal
Perg
piiqi!
judg
illl)!}
infjjt
■ Os afBrmamuspraedidum Debitum vel Chyrographum C<ayoC^^?womalcaffignatum, ac
praedidum aflignationem effe omnino inefEcacem, atque inanem ad agendum; Jure Angliae
poffet quidem Guiljelmus Courten, Filius & Hsres, Cajum cMavium procuratorc.ro pro
dido debitofuo nomine ad agendum conftituiftc, quod tamenmandatumcratrevocabile &
per mortem conftituentis, nullum&irritum.
Affirmamus Georgio Carew, cui Judex litteras adminiftrationis de bonis non adminiftratis, &
haercdiratem jacentem Dni. Gutlmi Courten Equiti Aurati decrevit, prxdidum debitum & Chy-
rographum cum totis ufuris & interefle jure Angliae rede debere. Signatumerat
G.Swkt. -i ■ Samuel Baldwyn,
Guil. Mericke. J. Vincent. tt
Ttm, Baldwyn L L Dr. Timo. Keatlewel.
bii ar
|tto
jljcari
jtclt,'
The Sentence of the High Court ofjudicature translated out oWutchjmo English
George Qarelo q.q. Plaintiff
contra
lacoh 'Pergens and the
L of Mi
' out 0|
jarat
Pete
Heirs of S'' Jacob fats
Defendants.
Court
He High Court ofjudicature in Holland have feen the Procefs and
Writings exhibited George Careix) appointed by the Pre-
rogativeCourtof£w^/^2»J, Adminiftrator of the Goods and Chat-
tels of Sr.William Courten Knight decealed fin his life time dwelling
in Londonj) Complainant of the one part, and Jacob Pergens Di-
reftour of the Weji-India Chamber Defendant on the other part. The
in pai
whicl
depol
tobci
Charj
andli
Court having feen theRequeftSjAnfwerSjRepliques&Dupliquesrefpedively.Upon
mature confideration of the Matter, doing right out of the Name of the High So-
veraignity and Earldom ofHoIlandy Zealand &cFriesland do admit the Exception,
propounded by the Defendant, and renvoy the parties before the Defendants com-
petent judges at Amjierdami and do compenfate the cofts of the Procefs on both
fides (forreafbnsj thus pronounced on the \ day of May 16^63.
In knowledge of me
J .'CoENEN, Regifter.
fife®
totgc
TheP
TheP
Tht
Fraud and Opprcfliondetcftcd and arraigned.
George Carew fmnnioneti tfte fai& Jacob Pergens, fefbre tlje o? S'ti&rre^ at Amfter-
non 'J"'"' ccnclu&cb in ©joccf^ t{)at tje ^fjoufO be conbemncb to pap tlje BJoncp anb 2nta-c(f, bue ucoit
i t(}t faib <!^b(i3ation to btra tl)c fatb Carew, a^ an unabminaiiftreb effect of William Courcens eftate , 81-
lotomg to Pergens, all cofl^ anb ebatge^ tljatlje bab eppenbeb about tbe pjemiffe^.
fett nebertbci'ef^tbe faibtisb of SjUbicatuce bib on tbe u'^^-ofOdober 1^64. pionounce
a.fjenteneeinfaboucofM'-Pergens tDberebptbef;o?becebtbet«r^ ofS'-Jacob Cats to papbimtbeppn^
dpall.fBoneii, 3|nterefl anb charged njljicbamoimteb unto tge fuin of+xoo.pounb^tedina, anb that
Au- Pergens ^bouJb belibec up tbe 25onb to tbe faib uncancelleb toitb a j^jocucation to fue tbe otbet ©blii
1 Ca-1 5^'^25onb.
; l^otoebet botb pattic^ p^ceebeb feberaU pear^ togetbec at A mflerdam bp Wnftoet^, Septicque^, ©u®
! plique,^, cejopnba-^, anb Cpcbangeb inpting^, gibing ober bebnction^ anb abbettifinent;^ of tigJit to tbe
■nm>: judges in Amiierdam. Jl^bicb ^^anfe i^ pet bepnibing tbete; Mr- Carew Ctpecting banin a Sentence
:ecu- • inbi^fabojftonitbeLordstbe<£aufebcing fo cieac anb plain to ah j'ubicion^ men tbat babe mabeanp
hum infpeetion into tbe faib pjoceebing^. SSnt Pergens continnailp obfirnctsS tbe fame.
onius ■ .
arew^ Hcrc follows a Bricf Namtive of the Proccfs concerning the
1 accounts of the Company.
Yfper'
I ■ f ^.l^^lBoudaehconcerningtbeflbbaccoiint^ranbtotecobetofbimanbbi^ifcics'ojiMiFofbecpd^
" '■ A bjbatfoebec, tbe nnabminisSfireb »t5ffect^ ofbr- William Courten, in tfjeitniteb j|e<
pra-}, If tberlanbsS, iubcreupon James Boevein tfje faibjaSontbofgjnlpabbjebebbimfelftotbefaib
[ Boudaen at Middieburgh in a fteinblp manner to fettle tbe faib account^, tbbotefufeb to
I coinplne tbecein upon anp tecm^.
' ®bcnJ ames Boeve feilt M' Deutrclaw a ^puWique .J^Otacp, tO inftlUtate bl^ qualitp unbet M" Carcvit
n autbentiqne?tct, anb cequitebabieto of tbe Companies aSooItgltept bp b'. Peter Courten, pjo«
, ac
I
1; ) bn an autyeuun«t w4-». > «•«« ui (.y(^ /i^uuit39 iteyt uy o'. reter uourcen,
° [ tefiing fot allCoftg anb^ammage^ fc. jnbetcnntotbefaibPcter Boudaen onelpanftocteb tbat be bib
bMtanbfee (a^aliaitigiou^ pafon^infucbcafe^bo) anbbeflcebaCopieoftbefaibinfmuatioiianbPra-
tcit, aceojbinglp.
James Boeve tljeit cailfeb tbe faib Boudaen to be fuinmoneb before tbe Burgermafters anb Schepeni
of Middieburgh: fo tbi^ ^jocef^ btteaftcr toa^ commeneeb on<J.of^eptemb. iddz. tobicbJ^ttanglateb
out of Low-dutch into English.
The Trocefi at Middieburgh.
pro
.le&
5, &
ilhy-
(ish.
f James Boeve Tlantiff.
Contra
Peter Boudaen Courten 'Deft.
Ve
lat-
antes Boeve impowred by Procuration from George Caretv tlf^r. being appointed by the
ii,-! p|-erogative-Court Adminiftrator ofall theGoods and Chattels unadminiftred
oi Sr. iVtUiam Courten, Knight, late of the Parish oi St.GabrielF anchurch in London, in
that quality. Plaintiff, againft Peter Boudaen Courten, Heir & Executor unto Sr. Peter
Courten, Knight , for that the laid WtUiam Courten, and Pieter Courten , and John tJMoney did trade
in partner-ship, ashy the Books, Accounts, and other Papers appertaining to the faid partner-ship,
•which are in the poffeffion of theDefendant, appears, that he should be condemned to Confign or
depofite all the faid Books, Accounts, and other Writings in the Secretarys Office in this City, there
ind ' tobcinfpeded, with cgrefs andregrefsthereunto, and to form an account thereout, at theGenerall
' Charge, and in Cafe of debate, demands Cofts of the Procefs, as alfo for hindrance, Colts, Dammages,
and Intcrcft fuffered already, and yet to fuffer, as by the proteft.
Whereupon Abraham Smith, Proflor for Pe«r Boudaen, infilled upon Caution fof
I Cofts of the Procefs.
[ (Cbcrt M'- Boeve bib Oil tbe ^ i- of I0ctober x66^. paf«S an autbcntiquc ^ct fo^i Caution In p?efrncc of
ion bfsl^ioctojjohnRymsdike, tobettbulje bounbbunfelfanbbiJ^«2fiatcbotbteallanbpcifonall (actqibiiig
gn m tfe cuftowe of t&t 'S^onntecp in caf^ of bebt) to be liable unto all Cofl^ anb Cjrpcnce^, tbat tbe Court
; atoarb oj conbcmn Carew i^e pjlnclpall i^emanbant to fatij^fie.
* 1' ExtraB out of the ordinary Roll of the Citieof
im- 1 Middieburgh i» Zealand.
)th I. TheProaoryflliwRy»?r<al/,le calls for acceptance bfthe'caution
on behalf of the plantiff,
The Prodor Abraham Smith does the like for the Defendant.
The Burgtrmapers &c Scheepens do order that other caution shall be given. Adum 8. of November 1 66z.
"signed Ad. V. Brandehooghen, inabfenceoftheSetcseXAX-^.
&cti * tereln
1
Fraud and Oppreffi6n detected and arraigned.
herein apjiear^ ttje greactfl 3lct of injufiice tftat rtcc toa^ offcreti to any ^trantjtr in tfje lifee
<£af0. ftttftongSjiti^tDcHftnotonto allperfon^ tJiatun&erfiani) tljeiaVo^ of England, anUtj^elatosS of
Nations; (Csjat Executors anb Adminiftratorsace not i^ubject toCofi^ in fuit^ of lata (| tfjcrefbte not
StiaWc to gite Bail o?Caution: get M'-Bocve being bcffcou^tocemobeanquefiion^ anbi§>ccu]ble^tijat
migbt an'i% to belan tfje ^tocef^ bib paf^ an art of Caution fojCof!^ infjotoa^notonelpanSSngabitant
of tijeCitie bnta Burger of Middleburgh, t&atbab&i^otonbtoeffing fjoufe tf)ecetoSetem|^ttua^feifebin
fee to ijini anb iji^ il^eir^. SSefibe^ Boudaen Ijab riianp t})oufanb pounbp oftii^ in Cnfi'obp at tfie fame time,
anbmoreobec Boudaen tua^bnoinnbpnwnp of tbe Magiftrates to be inbebteb to S'-William Courten foj
baf£fumm^afil9onep, pettftepo|bereb Boeve tofinbot&etfecucitp t|jattoere25ucger^ oftljeCitietgat
^bfafi<6cob^tl)a'e: Itnotuingtftat Boudaen beingaKieshccr of Middleburgh (tljati^onttSatcflOfetl^
tbeMagiltrates) aDiredtor oftfje Eaft-IndiaCompanv anb an<!eibee oftlje English Church, noCitljen
tuoulbingagea^cautionagamfi&im, tnfiogabfucfjan influence upon tljeJ^ucBet^. ^otljecaufcreficb
tnftatu quo. Itnb tf)e tuacr^ baitt) Holland coming on,Boudaen bieb before M'-
• Carew mabe anp fuctSer pjos
fecution tberein. '
■^n tf)e near 1670. tfie (fTrebitcp^ of s^- William Courten fjeacing tfjat Peter Boudaen fjablefi 900C0.
pounbj^i^ttcling ftgat 0 nine ton ofciBoIb a^ ttjep can it in tiie Netherlands) amongfl &i^,§on^ anb
5©aug^ter^, M^-Carew toa^ impojtuncb tofcnbagenerall procuration to M'-Mark Fletcher of Middle-
burgh .liBcrclfant, to rebibe tlje l^roccf^ againft ttje if eir^ of Boudaen, anb to profecute tlje action^ bepenb^
ing againfiJacob Pergens tijcirconfcbcrate, fojfcberaligreatfum^of.jBoncptbatfte ijabgottenimoiji^
iianb^ from tlje Eaft-India Cpmptny anb tlie lieir^ of bf Jacob Cats, upon prrtenbcb bebt^ bue to Ijim anb
colourable affigiiation^fronrM'-Courten. 25ut in regarbM'-Fletcher hja^ a 25urger of Middleburgh, ^
fjab fome bealing^ bjiti) Boudaens anb tijeir Jfrcinb^, g^e refufeb at tfjat time to pjoceeb anp otgerbiap^ tgen
bp JFreiublp perfbjation^ tugicl) conib not pjebail upon tljem.
^ntljepear KJyi. Hponnetoinfianc^anbccmpfapnt^ of tfjeCrebitor^totlieKinganbCouncell,
gi^ Mtjefty bja^ mofl gracionflp pleafeb to fenb tgefe itetter^ foHotoing to tfje States Gencrall anb
b'' George Downing {)i^ Ambaffador tgen in tfje Hague.
A Copie of the Letter from the of ^reat Britain
to the States Oenerall. A^. 1671.
and Mighty Lords our good Friends, Allies, and Confede-
rates, We are conftrained by the many Complaints made unto
Flag
to be
fati?'
©ec
i us from our loving Subje£ts Members of our Houfe of Com
mons in Parliament) Creditors of S''. WtUiam Courten and
Sr .'PautPyndar Ktf®- deceafedto fignifie unto you thatfemal
EfFcfts of their Eftates do remain in the hands of Mr. Jacob
Pergens, M^ Peter Boudaen, Sr. Jacob Cats and their Heirs
S'-E,
bfeff
inti]
pte
oftf
Con
Executors or h({\gns'^\\\>}Q^kso^theUnitedNetherlands, who|. fgjj,
>do unjuftly detain the fame from the Complainants, contrary
to Common Right j And more particularly we are informed by new inftance made
unto us by thelnterefled, that three feverall fuits have been depending at Law in Middk-
burgh, Amfterdam, VLwdthe Hague for divers years together, to the great grievance and
expence of the Creditors and Adminiftrators of S^ WtUiam Courten and SC PauP
Pyndar^ where they can finde no relief. And the Defendants do aggravate the Inju-' I
ries done to our Subjects by finifter ways and means in caufing Me James Boeve the'
Complainants Agentto be imprifoned and there maintain him purpofely toobftru£tand' I
delay the Demanclants proceedings: We cannot therefore conceal the refentments that'
We make of thofe indiredf dealings, more efpecially fince it reflefts upon our Honour
that the Laws of England are not permitted to take place in your ordinary Courts of.
Judicature upon English Contrafts, which (for the prefervation of Commerce and
mutual Society) is praftifed in all Nationsofthe World : Wee have given an order to ■
S"". George Downing our Embaflador to let you underftand the particular inftance j
withthecircumftances thereof; thatfpeedy andintire fatisfaftion may be given anfwe« =
rable to the Rules of J uftice: which we hold our felf obliged to Require. &c. ^
toaci
tljej
Con
attft
ftabsi
tafc!
facr
Com
Written from our Court at White-Hall, January 1671.
in the 24*^ year of our Raign,
Your good Friend
C %
A Copk
Frdud and Oppreflion detefted and arrajgned.
33
ACopieof the Letter t.o S'- (jQorge'T)o'\mim ^
his Majeflks EmbalTador at the Bagm. A°. i 6 i.
litaiit 1 ~ ~
fe&in ^
ame,. * C a\
infbr I
stgat
Rufiy and well-bdoved , yoii will herewith fece'tve our Letfet
repeij • States Generall, andfor your better Inftr unions in the contents
thereof. We have fent you a Copy of the humble Petition of our
loooo.' loving Subjeds, concerning the feme, which we will that upon
^ anii' the delivery of our faid Letters you fully reprefent in our name to
oimH ^States, with the particular grievances contained in the
tolji^r f^id Petition together with the fe?ice we more effeciaHy have fo
nan&j • long laid under. Andthatfor civil ABions, dependingat Law, iri
1ordinary Courts of Judicature, in the Provinces <?/HoIIand and Zc2\zx\d, being for
■ f matters not comprehended in the Treaty at Breda j FFc do expedi your bejt care and
ncell, diligence herein with a (peedy account thereof, and fo we bid you heartily fareweU.
.1 aiii»i our Court at White-Hall, 2(f''Jarmary-,x6yi.
I By his Ma™'' Comniand
. f J. Trevor.
tarn
25;tt h! rc0arii S'- George Downing coniS) not set aim anfbjei' to Memoriall conccrnins the
Fkgg, the States Generall pjfteitDuig thcp iuoulh g&e fotigTviction, if an other pjetcuc^taerc feoiight in /
to be together trcateb cti; S^- George Downing pjotefhus to tjabc €rpteij5 o:bcr to treat of nothnis, before
fede- fati^Tactioh nia&e about the Idagg; anb the States beclining (t, he titurneb fo| London, re infe£ta, anb a
iinrnI ^declaration ofioarr foon after iua^' publi^jei) in England.
^nior Neverthelefs, the (CrebltOt^ cfS'^- Williami Courten, ailb OjS alfo ofS'-PaulPyndar ailtl
jom-k S" Edward Littleton anb btbeifeOther Proprietors aiib mteretfcb pecfoii^ bib not fojbeat theirfucther ab*
! and! b^iefre^totheKinganbCoundil conccriu'ngthepjcnnfre^, thefcuetallpjaceebmg^tohereofarcinentloncti
it inthith'tefalioUungpage^.
:vcraip M'-Torriano, M'" Warren, M"-Weftcomb, anb Other It5erchant,^ of London mabe their Cont^
^acobl plaint^ anb ?Ebb,}e)fe^ alfo to the King, to recommcnb their gncbance^ againff the Weit-india" Company
Heirsl Netherlands, lul)a pjetenb to be aiSgreat ^oberaign^, a^ theB^cniber^ of the Dutch Eaft-lndia
, f Company: Chat barc^' fpoil their neighbour;^ ifthcii trabc Voith their »Cneniie^, ^ Coiififcate their <i5oob^
wno foj trabing toith their #rienb^. that no Nation can be fafe by fecure againff thofc Animals ."tuljo niafte
trary ' toarr ^ ^eace bjith the.fiatibe^ at^bleafure: Itnbare nolo upon fctlmgaColonytopfentthcnifclb,^ in
J*, of America intfje beff air Ilea* unto Conbenicnt Rivers anb Havens, fit foj Trade anb
Commerce, to pjejUbiCC the English Plantations: Chcir (JdobemoUJ M"^' Price , late English Minifter
ddle- at theHague,being a better ^olDicc then a pjcachcr anb more ^idHeb in i[iBecchanbi5ing,thm other j§>tnbie,^,
e and habing btoelt mahp pcar,^ in Braxiei nnbcr the tpiabernment of the faib Weft-iadia Company, ignbeabaiit^
p /. to fettle anebj Conunnntoealth in America, uitbcr the States of Holland, f^nt iuiH flottri^ in a pho^t time
ram tview England, if thcii bc not cropt in the bub: but more of thi?' hereafter in the thirb part of
Inju. I thf^SSooS, Vuhatinarcrceitcbthe States ptopofaH^toall iPlanta*^, anbrhclUbllractofthe Weft-india
'e the' Companies New Charterfroin the States General.
_ Obfervations Remarkabki
)nOUt He King of Great Britain that holds his Kingdomr onely of God Almighty, without the
rts of. leaft dependency of any Potentate whatfocver, may by the Municipall Laws of
e and hinder any of his Subjcdis (born under his Dominions) to depart his Realms to become
isr to being an planted in the Midft of the Ocean is envied by Some,
feared by Others, yet Liable to in valion by their Neighbours,
r The Laws of Nature, and the didtates ofreafon, and Common Policie, oblige all Men to defend
" theLandoftheirNativity, and the Heritage of their Fathers.
The King of England as Common Parent of the Country, that hath promifed to protedt his Subjedfs ,
maintain the Laws, and prefcrve their properties, would leflen both his povver and Prerogative, by the
lofs of diverfe Subjedts and their ¥!Lmi\\es,EnglkhiScotch,tSc (intended to be transplanted to America
by the Wefi-lndia Company and their Confederates) when they shall become both Strangers and Enemies
I being feduced to fwear Alegiance and fealty to the States of Holland , and the JVefi'lndia Company, who
* are now upon a Treaty with the Z#<i/W Proprietors for the purchafe of Sjrinam, to greaten themfelvs
againfl: any other quarter of the uni verfe.
I Tbe
Cople ,
^4-
I^raud and OppreiTIon deeded and arraigned.
The Order of Reference from the Kjng and CouncilL
Jt the Court of Whitehall, the 22^^- oj March i (>7[.
Frefe»t
The IQn^s moft Excellent Majefly.
His Roy all HighneJ^ the Duke of Tor k.
His Higbnef Prince Rupert.
Lord Keeper.
"Duke of Buckingham.
Duke of Monmouth.
Earl of Off ory.
Earl ofBridge-water.
Earl of Sandwich.
Earl of Bathe.
Earl of Craven.
Earl of Lauderdail.
EarlofCarbery.
Lord Bp . ofLotidon.
Lord Arlington.
Lord Newport.
Lord Holies.
Lor df Ashley.
M^. Treafiirer.
tjip. Vice Chamberlain.
Sr .JohnDuncombe. t'
Mafter of the Ordnance.
Kn*'
to if'
famt
Pen reading this day at the Board the humble Petf tare
tion of T homas Ifjnajhn, George Tolonejend Merchants^ thei\
George Porter Efqi"- & odiers, Firft Adventurers inl
the joynt flock with S^. William Qourten to the Eaf^.
Indies y of y. Richard Mauley ever Kn^- & Baron^- S^. John Igjio
Jyton Knt. George C^reio Efq*^- & feverall Others, Cre- Ster
ditors of S*". William (fourten, W'"- (fourten his Son,
Sr. Edloard Littleton,&c S^Taul Pyndar Kn"- deceafed,and of Nicholas Warren,^
Richard Wescomhf>c George Toriano Merchants,fetting forth the many great, {// q
LolTes &■ Dammages they have fuffered by the Subjeds of the United. Net
Netherlands in times of Peace, Some by violence in feizing thcPefifiO'
Tiers Ships & Goods in their trading-Voyagcs. Others by unjuft deten-;
tion of the petitioners Money and Goods gotten into their hands by_
Commerce and civill Contrads, for all which the Petitioners are left: com
without remedy or relief, but by his M.7/>y?/a Prerogative Royall h Am-
gracious Protedion , which the Petitioners moft humbly prayed his
Majefy would bepleafed to grant unto them, and to require latisfadion
& Reparation to be given to the Petitioners by the States Generall and their
Subjedsanfwerable to the feverall & refpedive Dammages fufteined Jaid
by the Petitioners.h.n6. that for the future a fummary cou rfe may be tak^ K
en for fpeedy decifion of all civill Adionsd Differences between his
Majepes Subjeds & the Subjeds of the States Generall by neutrall Per-i Gen
fons, to the end Right may be done them in the United Netherlands:
It was Ordered by his Majefty in Co ««c /7 /,that it be,& itishcreby referred
to the Rt-Hono^'^the Lord Jrtington, the Lord Ashley^ Mr.Treafurer,
Mr. Secretary Treyor, & d. lohn Duncomh , or to any three of thern,-to con-
fider of the Petitioners feverall 6c refpedive Cafes (a true State Avhereof'
they are to prefent unto their LoP^-) and what fatisfadion their LoP^-f
shall conceiverequifite for his Majefly toinfift upon, (when it shall be
feafonable) forthe faid Lo{res6c Dammages. And the fame to report!
to his Majejiy , that order may then be taken therein accordingly. ^
fohn fhQcholdi. f
The
whi
and
had
urn
jure
»?• J
IJ.
Frattdand Oppte/Hon dete£i:ed and arraigned.
The Report of th Lords Referees to the Km^purjuant to the Order of the CoimciU
table.
ance.
Peti.
lants'
rs in
Eaf
.John
Cre.
Son,
irren,i
;reat!
lited^
titio-
ten-l
s by
left;
[1
[ bis
tion
beir
ned
tak^
ibjs
Per-
ids it
•red I
K
irer,
on-
*eof
,OPS''
Ibe
lort
The
May it pleafe your z^lnjefly ^
N obedience to an Order made by your Majefty in Council the
of^sA arch 16/1. whereby it was referred to m to confider oft he
(everall Cajes ^'Thomas Kynafton, George Towncfend Mer~
chants., George Porter EJq''. and other s, fir ft Adventurers with
William Courten Kn^- deceafed ^ to the Eaft-Indies, and of
S'*RichardMaulevererA!'«'-tf«i^5^r<?»^'J S^'JohnAyton KnKand
others Creditors of the [aid William Courten and Williani
Courten Efq^. his Son^ S*"' Edward Littleton and S'^' Paul Pyndar
Kn^^- deceafed • and what JatufaBionwe should conceive requifite for your Majcfty
to inftfl on (when it should be reafonable^) for their Eojfes and Damrnages ■( and the
Jametoreport toyour Majefty, that Order mightthen be taken therein accordingly.
We therefore humbly repjrelent toyour Majefty, that as to the Cafe of the Adven-
turers with, and Creditors ofS''. William Courten and his Son, we find that two of
their Ships (the Bona Efperan^a, & Henry Boiiadventure} were in a trading Voyage,
betweeen Goa and Maccao violently feiz,ed, by the Dutch; The lojdand TOammages of
which Ships and their lading, and the Confequences thereof to theirfever all FaAories,
and Plant at ions fettled in Chlm^Lylnddz, & Japan, by Difappoint ment of Supplies and
lofj ofTrade, amounting to one hundredffty one thou [andfix hundred & twelve pounds
Sterling; as it appears ratified, and reduced by your Majefty under jour great Seal of
England, in the year whereby it was granted, and declared, thatthefaidDam-
mages should be reprifed in all times of Peace, or Warr, tint ill th: (ame "Debt s hould be
fatisfied, or a Compdfure made between the faid William Courten his Affigns, and
all Per fans interefied and concerned with him and Eaft-India Company of the
Netherlands.
Wee further humbly reprefent unto yotiir Majefty, th.it in all Treat ies & RsvolU'
tions of times, the Eammages aforefaidwere particularly infifted on for fat is fait ion.
TT c, further humbly reprefent untoyour Majefty, that m the fame Order of CoundJi
there is alfo referred unto us the Confideration ^Nicholas Warren, Richard Weft-
combe, and George T orriano CHer chants, who were Owners of the Ship and Goods,
Ann Margaret, of which ChiAcsSeLxmAen was Mafter which in the year i6y8.
were laden with Hydes, Bees Wax, andfever all other Goods and Merchandistes, and
in her Pa(fage between Txxnls&Ec^omQ whither she was bound, wasfet upon by a
JAutch Ship called the Gelderland, john Jacobfon Commander , feverall of her Men
wounded, the Mafler killed, and the Ship and lading taken and carried away: Which
faid Ship and lading, with the lofi of her Voyage andDammages fufleined was adjudg-
td by the Admiralty at thirteen thmfandpounds.
We further alfo humbly reprefent to your Majefty, that hy theTreaty at Breda
Anno 1 667. aUReparations are extinguuhedand cut off: Tet fnce that time the States
Generall of Netherlands have not onely been refraCtory in the performance of any
x ^greement concluded on, but alfo have committed many violences and ^Depredations ^
whereby they have wholly cancelled the Obligations of all paft Treaties & Agreements i
and left your Majefty andyour Sub jells as fee in alljuftice, and Equity, as if they never
had been made.
And therefore we humbly pre fame to report our Opinionsto your Majefty, that it
is now but jufi and f'eafonablefor your Majefty to infill on Reparations for your faid in-
jured Sub jells for the loffes and Dammages afore faid.
All which we humbly fubmit to your MajeJIies greater Prudence.
yune 167s.
Shaftesbury.
Clifford
1. Duncombe.
Tbe
Fraud and Opprefllon deteded and arraigned.
The Kjngi Letter to the of Buchlngham^ and the Earl
oi Arlington , in piirfiiance of the Report.
The Su^erfcripion
To our B^ghtEmfly 6> entirely beloved and to our B^ght Tru[ly
and laelheloVed Coujins and dounceilors and Ainhajfadors Extraordinary and
Plenipotentiaries to treat "tpith our good Brother the mofi Qhrijlian
King;, and the States of the Netherlands.
Charles R.
Tght Trufty and entirely beIovedj& Right Trufty
and welbeloved Coufins and Councellors we greetyouwell.
Whereas we thought fit to refer the confiderationofthefe-
verall Cafes of Bhomns Kynajlon, George lownfend Mer-
chants, GeorgePorter and others, firft Adventurers with
S'''William Knight decealed to t\xQ Eaji-Indks, and
o^S^'Richard Knight & Baronet, S^'J^hn Ayton
Knight and other Creditors of the faid WilliamCourten,
and WtUiam Court en Efq"^ ■ his Son, S^' Edward Littletoneind
S''" PaulPyndar Knights deceafedjan d alfo of Nicholas Warren^ Richard Weft combe
and George Eorriano Merchants, to fonie of the Lords of our Privy Coiincill, and
they having reported their Opinions to us, that it is now but jufl: and feafonable for us
to infill: on reparations for our faid injured Subjeds for the lofiesand Daramages they
have fuftained from the States GeneraU of the United Provinces and their Subjc(51s:
We have thought fit in purfuance thereof, and upon the humble fuit oftheperfons
interefled to recommend their faid Cafes to you in the moft: efieftuall manner, that in
any Treaty, or Treaties, which may happen to be made with the States GeneraU of
the United Provinces, fuch provifion may be made for their fatisfiidlion, as you
Judgeconvenient, & may confifi: with the State of affairs between us, &asisfuitable
to thejuftice of their Cafes, and our care to Protect our Subjects in their juft rights,
as wellas afliftthem in the recovery of them. Andfo Webid you heartily Farewell.
Given at our Court at WhitehaU they'''- day ofjuly 1672. '
By his Majefties Command
Clifford-
XN ani
Fraud and Oppreffion detected and arraigned.
-mr 43 piirftiattce toBmof M^. Carew, being tsefitcts bp all parties to go €rp?cf^ fo? Holland, toitfi Flijg Maiefties
I ter anO tije otfiet $ Papery concerning tfie faib claims, be pjocureo a gafpon from tije ^oniniiftmnprd
I of ti)e States Generall tijen at Hampton Court fo? Stmfelf anD fji^ ferbant^ tottabcl t{);ougf| the United Piovinc«
1 bJhich be OiD acco|Dinglp; but in rcgarb tljc Creatp at Utrecht bib not tabe an? cffect,Mr. Carevv.anb Mr John sh^l'
land, in Companp toitij him, retjirneb to the Hague, to abbifc toith Ibbocotep anb ptoctot^ that ha'b ftthefiVhe
faib Ca rew aiiD M'. Boeve in their p?occf^ at ICato; l®here thcp toere appjchenbeb a^ enemice to the Coimtren on the
6. of Auguft . 67 i. <©lb flile, (their ^Baggage, Papery, anb l©jiting^ tahen from them) anb bp ojoct of the Ltes of
-'olland hept clofe P^itonersi fo? thefpace of ttoentp.j|iaonth^. l iBjief relation bahereof appcairg in Mr carews
rtifment, anb JDjoteft, at the enb of thi^ 5Booh. Sin the J!13ean time all English men map remember, that at the
'iiilance of the Spanjard , anb other nbbjeffe^ mabetotheKing onthebefjalfof the United States, a peace teas haffiio
coiiclubcb toith the Hollanders, anb no faci^faction gibtn o? coiifiberation tahen of the Bona Efperanza , 02 fo2 the Henrv
BonaAdventura. i3otto!thfiait0nig alUhe p^oceebmg^ aforefaib, anb thofe opponunitied of^abbantane, that Great
Britain hab then in their hanb^, "
4iKanp of thetfcebito?^, anb other getfon^ intereffeb being furpjifcb at thi^ fubbain conclufion ofthcCreatnat
London toith the Spanish EmbalTador upon the States Procuration. I©hile the Lords Plenipotentiaries toere unon cnnt
fiiltation^ about the fame JLlatterp at Cologne. f 1 on?
(Che faib Crebitorsianb pjoprietojiS forthtoith caufeb thi^ foUotoing requcli to be iSrhtbiteb to hi« Maieftv at Lon
aonin name, miD pjinteO febcrall Copied thereof tohich thcp Delibcreb unto OibctfeSLorD^ anb Common^
To the Kings moft Excellent C^lajefiy.
The humhk petition o/Geofge Carew Efq^ Jdminiftrator of the Goodt and
Chattels (j/'S'^.WiIiiatnCourten^^wr/S^ Paul Pyndar deceafed. Affignee
ofS'. Edward Littleton Baronet^ the Commiffioners concerning Mr. Courtens
Efiate i on the behalf of himfelf^ and feveral others, Proprietors and Creditors t
your Majefties good Subjects /^England.
Sheiveth. g
Hat the Eap-'lnJia Company the Netherlands did in the year 1643. take the two Ships
Efperanza mdHenrj Bona Ad vent urn of London with all their Goods and Merchandize, upon
trading Voyages in theEag Indies- and alfo all the Books, Contradiis, Writings, Bills Of
Lading and other Papers eoncerning the fame, contrary to Juftice and Common right, which
proved to the Dammages of your Petitioner and other Proprietors one hundred dr -fifty tkoufand
pounds Sterling & upwards, as by the feyerali Depofitions, Examinations and Reports of the
Judge ot the High Court of Admiralty, and your Majeftfes Advocates General appears.
That in profecucion of Juftice and reparation, your Majefy v/ns moft gracioufly pleafed particularly to
own the faidCaufe, in a more Efpeciall manner in the Treaty Anno 1662. then all other Dammages of that
nature J toy our Subje£ls, in regard of the many ferviccs andSufferings ofS'.JViUtamCoarten, S'.Paul Pyndar
and other incereflea, that had lent feverall great fumsof Money to his late Majefy your Father (of eVer biefted
Memory) at ufuallintereft, towardsthe ordinary Chargeof the Crcww, before the year 1O40, which remains
yetunfatisfied; although moft part of thofe Moneys (belonging to Orphans and Widows) was taken up upon
the Creditof the faid Courten and Tyndar.
That during the late warr Anno 1672. Your Majefy moft gracioufly appeared again concerning the Dam-
mages of the faid Ships, holding your felf obliged injurtice and Plonour to get fatisfadfion from theprincipal.
Offenders for the fame. As appears by the orders of the & Reports ofthe Com micee of Cori/r,
intimating the Merits of the faid Caufe to your Majefy accordingly.
That notwithftanding all the orders, proceedings and efpeciall grants, under the great Seal of£«g/Wcon-
CCTHing the faid Ships, Goods, andFraights, theHoiy.»»«l^rrdoftilipretend, they are not obliged to give any
ratisfadfionforthefame, being madeadebtincumbentupontlieCrowwby the laft Treaty at JLWorr, whereby
eight hundred thoufand Paitacons are to be paid unto your Majefy by the States Generall, at four equall payments,
for which the Crown of Spain ftands obliged thatthey shall be paid accordingly.
Four Petitioner therefore mof humbly prayeth, that your Majefty would he mof graciously pleafed to
affgnfame part artd proportions of thefa'td Money, payable Co'yo«r Majefty by C/feStates untoyourPe-
tit toner, infatisfaBion of thefatd Dammages and Lojfes concerning the faid Ships as aforeJaid,or to grant
himfame ajfgnment otJ^erroays in lieu thereof i Or at leaf,upon cAe States ^ Spanjards nonperformance.
Permit your Petitioner with the other Proprietors and Creditors to reprize their fatisfaBion by the
natural force of your Majefties Letters Patents, granted for that purpofe.
And your Petitioner shall ever pray &c.
But what Reference and Report was made thereupon, or what fatisfadlionwaspromifed, is left to the in*
formation of thofe who were the Perfons that follicitdd in that affair.
SfB tje Month of May '1674. Mc George Carew, being bifcbargcb of fji^ impjifonment at tfje Hague, tociit
from tfjence to Mlddleburgh tofjete fje ficft applieb fjimfelf to John, Peter anb Henry Boudaen in a frcinblp manaet,
anb befireb t fjem to fettle tbe account^ of the Companp, toljo flill benteb the fame,
Carew in the Jnonth of June follotoing fent a gublique 43otacp to them, toho inffmiateb Carews qiialitp,
toith t^ former p;ocecbing^ of Mr. Boev6, anb pjotefleb fo| all ipammage^ anb <Cofl^ in Cafe of anpfurthcr Debate o|
belap^j unto tohtfh th® faibBoudaens bib anftoer onelp a^ their jfather fiflb bone (viz) that thcp bib hear anb fee;
anb befieeb asdopie of the niflnuation anb piotejl, tohich Mr. John Duyvclaer, thegublique jSotarp gate them on
the 18. of June 1 674. acco^binglp.
^oon after M'. Carew fiimmoneb all the ^on^ anb ©aughter^ of Peter Boudaen bcccafeb, before the Burgermaftets
anb Scheepens at Middleburgh, auD tebibeb the fojmcj: pjocecbing^ a^ folloto;
^ nrli A
38
raiid and Opprcflion dctcftcd and arraigned.
Trocefs begun Anno 1662. revived at <^A4. iddlehurgJo\ Ij
Anno 16 7 4• and, tranflated out of the Lolp-dmch Into EjigUsh. !]
I't
gjjjith
' Rytxis
ExtraEi out ofthe Ordmarie foil ofthe Qtk (^Middleburgh in Xealand.
TheCt
Int
Eorge Carew^ Efqi". appointed by the Prerogative Court of Enfant,
Adminiftrator of all the goods unadminiftred of S"". William CourtS
Knight, late of the parish of S^. Gabriel Fanchurch in London , irtj
which quality approving the proceedings a£ted hy James BoeveE
by vertue of procuration from him George Carew Plaintiff, againj ^
JohUi Tetevy & Henry Boudaen,^ and Abraham Bifcho^ , th(' v^,
husband oECatharin Boudaen^zW of them dwelling within this City, Item My.Wdlto l^L
MinifterofGodsWordin Amjierdam^ as alfo Dame Conftance Boudaen^
dwellingalfo in Amjlerdam,^l\ of themChildren and Heirs oEEeterBoudaen Courtei
their Father, who was Heir unto S^ Peter Court en Knight, in that, quality Defen'
dantSjto be condemned to accept the proceedings of the aforefaid Procefs,and to that
end to appoint their ProEor Acceptant, and accordingly to proceed with thtPlain
tijj purfuantto the M Ad, cum expenjisjin cafe of Debate.
Abraham Smithy for John^ Peter ^ and Henry Boudaen, as alfo for Abraham^
dclireth day , referving his Exceptions'and Defence. f
Fiat upon debar r, and authorifed to cite the other Defendants by letter to be dc-1
liveredby the Merchants Bode (^or Meffenger) within eight days after the receipt. |
Iand i
thatt
Abra
Rijm
Abraham Smith,, Proftor, deniech that the Plaintiff hath the quality which he afcribed unto himfelf in
this Procefs, and therefore propounds his Exception of Non-quality, and concludes, tor admit-
tance thereof, and abfolution of his Inftance with cofts.
lohn van Rymsd'^ck, Prodor, for the Plaintiff defireth day this 26*^ September. 1674,
ExtraSi out ofthe Ordinark foil ofthe Qt^ of Middlehurgh in Zealand.
toctet)«
ftom tl)
I tfjat tlji
3®erit?
m
bDtf) fis
' to^ole C
Georg
Peter
E
fe
P
ExtraSl out of the Ordinarie Roll in this Qty o/Middleburgh in Zealand.
George Carew, qualitate qua Plaintiffs
JohnBoudaen cxiruivds'Defendants.
lUrgermafters and Schepens, before they determine the propounded Ex-
' ception, do order the plaintiff to exhibit and deliver an Authentick Ex.
■ trad out of the Regifter of the Prerogative-Court of Canterbury
it may appear , that WtUiam Courten the Gjrand-child of S^, William
Courten Knight, did on the 15. oEJune 1664. appear within the faid
Courtjanddid voluntarily acknowledge, and confefs, that the Letters of Adminis-i
tration of all the Goods, Adions, and Credits, which belonged unto the faidif^aNi
Sr. William CourtenKni^t , unadminiftred, were lawfully granted unto the plaintiff |
George Carew , after due knowledge and examination of the matter, and that the | o]&erfri
Judge of the Prerogative-Court had ratified and confirmed the fame, and that the 1
faid George Carew hath thereby full power and authority,to ask,]evie,and receive all I untotoi
and evcrie the goods of the faid Sr. William Ctf«rrr»,asalfotofueforall andeverieof I
the fame, to the end the matter in difpute may be determined in fuch fort as shall be 1
thought fit. itofjrM
AEhm the 20. of Februarys i6yf. In abfence of the Sccretarie, figned by | 0""hM
JobanPieter vandeBrande, }\JLmot Schtcpen. | ^ijaUbt
Ex'
S3oohc
Soeve,
Jgainii
» th(
^altt
udaen^
'ourteti
)efen'
0 that
^lain
nham
be dc-
2ipt.
1
I.
iEx-
Ex,
rcby
Uiam
faid
inis-
faid ;
ntiffl
the [
the [.
eallf
ie of i
II be !
I
by i
Ex-
Fraud and Opprcffion deteftcd and arraigned.
JExtraBoutof the Ord'mark 1(ollof the Qty o/Middleburgh in Zealand.
George Carew, qualitate q«a ^laintiffi
John^nd Teter Boudaen^ cumfuis Defendents.
Smith the ProSior defireth Prolongation ofi^. days.
"S^yvcisdiickthat his dejire shouldhe denied.
Ihe Commijfariesgrant 14. days -without further delay^ the 19. oflnne 1675.
In the abfence of the Secretary, ftgned lyjohan Pieter van de Brande.
ExtraB out of the Ordinark of the City o/Middleburgh.
George Carew^ qualitate qu4 Elaintiff,
John and Peter Boudaen, cum fuis Defendants. Fol. 13
Braham Smitht Prodor for the Defendants and Excipients, having fcen
the Adts which are produced,Caccording to the Order and A ppointmcnc
I of this Hon'''^ Court, dated the 20. February laft^ by the plaintiff, faith,
I that although thereby it might appear, that the quality ofthe Plaintiff
which he afcribes unto himfclf as Admmiftrator of the pretended unadminiftred
goods of Sr. WiUiam Court en the Elder , were fufficient, that neverthelefs the Plain-
tiff cannot commence any fuit by or from the name of WtUiam Courten the Elder,
for ibzt William Courten the Tonger his Son Heir and Executor ofthe Eftatc of
William Courten thtElder ^ adminiftred the Eftate many years, and thcfaid Eftate
of William Courten the ElderCadditione hereditatisj is delcended on the laid WtUiam
Courten the Tonger his Son j by whom onely the Caufc ought to be profccuted.
Wherefore under Benefice of the faid means, and others to be deduce din this ProceJS
in time Cift'equifite) Concludes for abfolutionofthis inftance. Cum Expenfis.
Rijmsdijck the Prodfor doth debate the means alledged by Exception, as frivolous
and impertinent, Concludes that the propounded Exception shall berejedbed, and
that the Excipients shall be ordred ilico , to anfwer to the principall demand.
Abraham Smith pcrfifteth by replycque.
Rijmsdijck by duplycque. Adbum the o^Jtily 1675*. and was figned
Jacobm Peckius Junior y Secretariu^,
®f)cn febetan of tlje Perfon^ fntereffeft in England, gearing tgat fncg impertinent anb beratioujj erceptionjj
teete&jatiggrinfrom tim ta time,coiitrarptotge piactifc of all |^ation^,tljei|i piocnreb a Hetter of KetommenDation
ftont tljc Lord Major ailS Aldermen of London, to tge Magiftrats of Middleburgh, bateS 13. ofSeptemb. id/j-. Defiring
tbat tgofedFribalousijErception^ migljt be tejecteb, anb SBuiiice abmini|Iteb toitg all nBrpebition atto^bing to tge
ItSerir^ oftgeCaufe.
i©gereupon tgc Lords ojberebtgat^^ebuction^oftgepjocef^anb^Ieabing^bJitgabbcrtiftnent^ of riggton
batg flbe^ niiggt begtben unto tgePenfionaris o| Recorder Vander Helm, to rcpo?t gl0opinion tgeretipon, totge
togole College ot Court; anbinpnrfnancetgcreof, tgissfollotoing ^ententeh3a^p?onoiintebacco|binglp.
George Carew q, q. Plaintiff
Peter Boudaen c\xvs\ fuis Defendants.
THe Burgermafters vaASchepens doing right, do reject the?propounded Exception, and order the De-
fendants to anfwer unto the principall Demand, and fufpend Hating of Colts untill the end of the
Procefs. Ahum the zb. of Novemb. i6t^. .
Jrom bigicg ^cntcnre, tge Boudaens Sippealeb to tge Hagnc onclii to gain 40. bap^ longer belan, anb berationj
fiCgen publi^geb in pjintamoftfcanbalousSiSeqnejl, anba33oog tgjbuggout tge Pjovincesof Holland anb Zealand,
again)! Mr. Boeve anb Mr. Carews p^oceebing^.
ilbgereunto an anjbjer being alfo pjiiiteb bp Boeve anb Carew, tge faib Boudaens anb tgeirrHonfcberatc^ caufebtge
Englebrechs tge ^cout of Amfterdam,tDgete tgep bjere pHnteb to fcij upou nianp of tge ^3ools^,gabinB before gotten an
D^ber from tge Magiftiates of Middleburgh tgat tgep ^gouib not bepjinteb 0? piibli^geb in tgat plate.
grge 40. bap^ being eppireb •, (Cge Boudaens nottoitgHanbing tge ^entente aforefaib, toerc permitteb to pjopoiinb
more inipertinencie^ in l©jiting, anb anfmereb itnbct tge benefit of tgeit peccmpto?p Exception, a^ alfo of Prefcription
unto togicg Carew replpeb; tgen tgep b?ouggt in feberoll tging^ bp tnap of Reconvention $ Defalcation, anb drpgibitcb
biberfe Copied of bonb^, anb pqper^ in tge jIBontg of February 1676. dSetoJstile, (but bepogteb none oftgefBoob^ of
account, atco?bing to tge Demand in tge Procefs) togcreofcarevv toulb notgctanpautgentiqueiiropie^toinllrtictgi^
Advocatcsfo? pleabing; pet tgep mobeb tge Court in tge Jilbontg ofSeptemb ,folIotDing,tgattge Caufemiggtbepleabcb
togile Mr. Carew toa^ attenbing gi.S Procefs agatnf! M'. Pergens at Amfterdam togicg toa^ bjouggt on before Commifa
fioner^ to ejramine tge pieces anb repojttgeir C»pinion^ to tge Lords fo? tgeit finall Sentence anb Determination. 23ut
of tge CoiifequentE^ in botgCaufep, before tge Magiftrates of Amfterdam anb Middleburgh, particular account^
^gall be Qibeii in tge faib Advertifment anb Proteft gereafter mabe bp Mr. Carew- d^oto folloto^ tge ^econb gart of tgi^
53oi )g concerning tCreatic^ of Common Amity, Alliance anb Commerce, bctVbCen Kings, Princes anb States.
To
4.0
Fraud and Oppreffion detected and arraigned.
To the impartiall Readers.
Gentlemen.
T was generally obfirved in the days of Gluten Elizabeth, that
her Majejiiein all trans aidions at home and abroad^ gave it in
Charge to herCounciU-> that they should have a care of her Ho^
nour. In all Leagues or Treaties of Alliance and Commerce, the
benefits of either fide should be reciprocatl'. but noNationinthe.
JVorldhave been fo indufiriom of late to undo themfelvs as the
English ^ TFho/e Lands & rents are reduced, their flaple Goods
and CHanufallures undervalued, their Gold and Silver wafled
their trade&Commerce undermined ^ their Laws & Cujioms contemned & Violated,
tyind being Cheated of their Moneys & Cd^lerchandizesby their Neighbours inordu
nary traffic k, many of his Majefties goodSubjetis, are made contemptible & pore in the
midfi of peace and plenty.
In all regulations of trade& andTreaties Marine ^both parties should have their re.
fpelHve Confideratiftns of advantage Tet certainly many mifiakes have been committed
infeveiaUages andr evolutions of St ate in publique Contrail s upon the English account^
wherein the Honour and intereH of the King and Kingdom were mutually concerned ^
which might be regained^ mofi gloriously upon good opert unities. //^^English-men
had publick ffirits, and none would, be fo treacherous under a trufi, to preferr their own
particular profit,beforedny nationall concernments.
The Hollanders upon all occafions of difference and difpute England, doe fly
for refuge tothetreaty made between KingWtnryy the VII.Philip DukeofBur-
gundy, in the Tear i49f. long beforeSco^znd was united to the Crown, or that the
people of thefeven united Provinces, had fallen from their naturallVhnzes oft he Houfes
of Burgundy, d" Auftria,/«ro a Commonwealth by incouragments ofothers. And during
the late war in the Tear i6y^. the States m all their'declarations and Manifeftoes
appealed to theV-Alnnment of En^znd, as Umpires between them and the King-, one
claufe I cannot omit, in regard I find it published in print in their Netherland Hiflo-
rian fviz) „ We the States Generalldo hereby in i he uprightnef^ of our hearts, and
„ confidence of our integrityffubmit our defence to the Judgement of the English Nation
,, in gener all, and more efpec tally to the High and Hono'''^ Court of Parliament fas re-
,^prefenting the whole body of the Nation) whom we are not onely willing to make full
Arbitrators oft he unhappy differences between theCoutt of England and us,but should
j,alfo account it for the fpeediejiway to amoli happy accommadation,ifitheywouldtake
^,the painstomake aright difiinltion between the true intefeft of the Nation {whom
„ they reprefent ) and the crafty pretences ofeviUminded men. Now to meet them again
in their own way cannot be denied tis, without prejudice andpartiaUity.
Wherefore IhaverecoUeBed feverall Articles out of diverfeTreaties of State, upon
which I have briefly difcourfed,and made fome/peculations thereupon,andthenpro'
ceeded to the third Part, which concerns the improvemertt of Trade and English
ManufaBures, &c.
Which if they find a good reception in England, I shall make a further frogres
in the next Tear, to gratifie fome Friends at the gen^all Treaty, where the English
fait hough they are neither Principalis nor Parties') yet as Lookers onmayfeehow to
hit a blot, or take a point fooner then the Gamefters that plays.
tyImfierdamSeptemb.%^.i6y6. . •
I am your Unfaigned Friend
G, C.
Six
Severall remarkable obfervations upon
divers felett Articles in Treaties of Common
Alliance and Commerce, concluded between
Soveraign Princes and States.
Or
i
i:
The fecond Pan of the Treatife continued hy
^ the Juthour,
Article XV. With Spain.
Ifany prohibited Merchandife or Goods fhall be exported from the Kingdoms", Dominions and Territories of either of
thefaidKings, bytherefpeftivePeopleorSubjeftsoftheoneortheother, in fuch cafe the prohibited Goods fhall be
oncly confi&ted, and not the other Goods; neither fhall the Delinquent incur any other punifhment, except the faid
Delinquent fhall carry out from the refpeftive Kingdoms or Dominions of the King of Great Britain, the proper Coin,
Wool, or Fullers earth of the faid Kingdoms, or (hall carry out of the refpeftive Kingdoms or Dominions of the faid King
of Spain , any Gold or Silver » wrought or luiwrought; in either of which cafes, the Laws of the refpeffivc Countreys are to
take Place.
this ^rlicle is not infeneiamdngfl tie feleB Articles hetmen the CtoiDHS in ngdri hy the Bour.
gundia»Tre<«<jy, when the fiaplewas kept at CoXis,, TfieFlemmings<t»ii Walons in Brugis and Gant wrought for many
Engiiih Merchants of the ftaple: but fince they wanted a good regulation in the trade of old and new Draperies at home, feveralt
Englifh men haveuot onely lofi their Wool, but the Cloath and Searges with the cofl ofManufaSure and tranfportation,
^nd although it he death Spain and Portugail to tranfport Silver or Gold, as its felony t» England to tranfport Wool,yet one
is asfretiuently brought in, <£ the other is carried out. T his .Article is handled at large, in the proper place of the third part of this
Treatife,
Printed in the Year 1676.
: t
1
To the Merchants - Adventurers of
England and all other Merchants , fubjeds
to the King of Great Britain.
COUNTREYMEN,
Here is a common faying in thzLoh) Countries, that the/?;?/"«
landers have gon beyond all other Nations, in trading, treating
and accounting. And that there arc three men in the States of
Holland f all whofe names begin with B. (Viz J Beyerning, Eeu-
ningen and Beaumont have overreached the feaven Kings
of Europe (viz.) England, Trance, Spain, Portugal, Streden,
Denmark and Poland. There is no generall rule but may have an
Exception, which I doubt not but you will meet in fome of the fele<3: Articles follow-
ing, that concern onely Navigation and Commerce. As to other Leagues and confe-
deracics (thoie matters and rdafons of State) Imeddlenotwithallj The Hollander sure.
beft able to calculate the Expences ofthofe chargeable ofFenfive and ddcnCwt Alliances.
Its an of a very learned Authour, that there be many things ufefull to
wife men, which were impoflible for any man but a fool to invent, the fame fortune
I hope modeftly to obtain from my Countreymen that ponder well the obfervations in
the following treatife. It is poifible that Monfr. Beyerning who is at prefent the Hoi-
lands Plenipotentiarie at 'Nimy(>egen,^'Ci6. M.onk.Beuningen the States Extraordinary Em-
bafladorin and Monfr. the Principall Secretary to the States of
Holland, may underftand the intereft of their own Countrey with the intreagues of
trade and Exchange, better then many other minifters of State, that have not had fo
muchLeifurc, from their pleafurcs and recreations to fathom the depth of thofe
myfterics. »
"cou fi. The Seaven United Proyinces, having no materialls of their own, built their fa»
aTmrffEx trade upon feaven forcaign Principall bafes, whereby they raifed a ftrudnrc
change are paid in to fuch a Ptodigious hcight and magnitude that overtopt all their Neighbours, The firft
'which is worth 4 fupporterwas freedom ofconfcieme to ali't^mons wich brought in the Jews the ancient
Cr' Merchants and Fadfors of the univerfe, 2. The free 'fisheries upon the British
cajh. andfi rifii Coaft. 2. Thc Eafl'India fbice trade. 4. The Banck^t Am/ierdam. <*. The Gaping iVefl-
^ndfalls accord' ^ j* , . r ri. r t
ngtothecoarfe InAtaCompany. s.Toz (Zommow Hackricy Naytgattons, and y.LManujactures ox Wool,
'Ih^Banefft"'' from all whlch their excifes for the publique charge did arife and enabled
snern. thcm to cncountcr other Nations that have fuffered for theiit floth, credulity and wan-
tonnefs.
There is one advantage more that thc Uollandershave above all other Soveraign
Princes otStates. Their EmbalTadors and publique Minifters being all members of the
EaJl^nAweJllndiaCompanies, they treat both as Principalis and Parties upon all affairs
of State, who are likewife incorporated asthechiefeft in the States Generall, Yet
there may be three good adts & ordinances of Parliament which would shake all thofe
fcavenPrincipalls, without any ftroaks or blows, elpecially if the two grand Enemies of
England bQfn&XQdi to weaken each other a year or twolonger. While the Merchants
Adventurers and others take money for Cloathing and Vidfualling their Armies. For
there can not be a raorefuce andeafie conqueft then that which may be gotten by Peace,
'.Antwerp "Utovemb, 28,
lOjCi
I continue
Tour affelfionate Yriend
and Seryant
GEORGE
CAREVV.
Six
of
ds
Fraud and Opprcflion detcftedand arraigned.
4.t
iting
:s of
BeU'
ings
den,
e an
ow-
nfe-
fare
ices.
I to
unc
s in
m-
im-
of
5 of
i fo
lofe
rfa=>
:urc
firft
ient
cish
^efi-
Vool,
)lcd
an-
lign
the
airs
Yet
lofe
sof
ints
For
jcc. i
Six fele6b Articles, taken out of the treaty of Alliance
and Commerce, concluded at London the 24''' of February 1495.
between H enry the feaventh, King of England^ and P hilip
Arch-Duke of Auftria, Duke of Burgundy, 5cc.
SxtraBed out of the Original J^pt upon record in the Qhamber
of Accounts at Lifle in theT'roVince of Flanders.
A rtic . X.
Onventum eft, quodomnes Mercatores tamRegni t^nglia , F>ominu Hi-
herniay Villa & Marefcallia Calijiai&c. quam etiam Mercatores Terra-
rum & Patriarum Brabantiaj Flandria, Hannonia, Zelandia^ Villa 8c Ter-
ra Mechlinia, 8c aliarum Patriarum ScDominiorum Domini Archiducis ria,vtali»'
prtediftitam mercatores Lanarum,Coriorum, Viftualium, quam aliarum
Mercantiarum quarumcunque, nec non horum faftores, familiares, negotiorum Gefto-
res, 8c miniftri poterunt deinceps per terram pedeftres aut Equeftres, aut alio modo quo-
cunque armativel nonarmatifdummodoarmatifimul incedentes quadragenarium nu-
merum nop excedant} cum gc line bonis & mcrcantiis fecure gclibere iregc venire invi-
cemque commiinicare & mercari, emere, & vendere ac commercium facere & habere
tarn de mercatiis Lanarum, Coriorum, Viftualium, Armorum, Equorum, jocalium
quam aliis quibuscunque, ipfaque ducere & reducere, five duci & reduci facer© ad Eo-
rum libitum 8c voluntatcm de &: marchia ejusdem ac aliis quibuscunque parti-
' bus Regni Anglia & Dominii Hibernia in BrabantiaWi Flandriam, Hannomamt Hoi-
Undiantt Zelandiam^ Mechliniam, 8c aliaDominia prafati Archiducis 8c hcontrsLdiQ
Brahantidi Flandridt Flannonidy HoUandidy ZelandidyMechlinidy ac Dominiisprx-
fati Archiducis inVillam Sc Marchiam Calefiamy 8c alias quascunque Partes Regni
Anglia 8c Dominii FUberniay absque aliquoimpedimento, aut prohibitione quaciinque ^
in contrarium, 8c absque eo, quod propterea aliquam mulftam vel poenam incurrant, feu ordmueni-
quod per Dominos Patriarum, Terrarum,8c Dominiorum pracdiftorum hinc inde redar-
gui,accufari,puniri,vel mulftari queant jftatutis 8c ordinationibusLocorum femper falvis. w.
XL
Item conventum eft, quod omncs Mercatores Regni tHngliay Dominii Hiberniay iH'r uer-.
VtUaikMarchia Cdijiay &c. tam Mercatores lanarum ,coriorum ,viftualium, armo-
rum,equorum, jocalium, quam aliarum mercantiarum quarumcunque nec non eorum-v«w«r.
.Fa£tores,familiares,negotiorumGeftoresSc miniftri,Nauta:, magiftri navium, 8c ma-
rinarii poterunt navigate, ire, transire per marc, 8c aquas dulces eundo 8c redeundo con-
vcrfari, effe, 8c morari fecure & libere in Pattiis, Dominiis, 8c Terris prsefati Domini Ar-
chiducisy 8c etiam in Portubus 8c Littoribus Patriarum, Terrarum, 8c Dominiorum prx-
diaorumperipfum DominumvfrcA/i«f(?«(?authorifatisinVillis, videlicet, uhiCufu-
mar a 8c alii Officiary Archiducales funt ordinati ad vacandum 8c attendendum pro 8c ce»t Hibm
fuper introifu 8c exitu navium Mercatorum 8c mercantiiim, 8c non alibi, nec in aliis locis
cumEorumbonisMercantiis8cNavibuspr£Edi<9:is quibuscunque, 8c cum Mercatoribus
Patriarum,Tcrrarum, ScDominiorum prtefati Domini Archiducis feu horum Fafto-
ribusjfamiliaribus, 8c Negotiorum gcftoribtis 8c Miniftris, nec non cum omnibus ahis
Mercatoribuscuiuscunqueuationis exiftantSc Eoram FaStoribusfamiliaribus, negotio-
L rum
Sis
^2, Fraud and Opprefllon detected and arraigned.
rum sreftoi -ibns&MiniftriSjdcquibuscunqucMercanmstam Viaualiiim, quamaiiis li.
beremercari, emere,habere, &vendere ac mercantias fruercpoteruntque ad&inprae.
drftos Portus&r Littora Patriarum, Terrarum ScDoiuiniorum pticfati Dommi/frcAi.
duels tamEorum propria bona quamaliena ducercvcl duci faccre, & abipfis Pormbus
feu Littoribus quotiescunque, quandocunquc, & quotcunquc, volucrint fecurerecedere
Sc redire cum Eorum bonis Mcrcantiis Sc Navibus pr^diftis quibuscunque: Et pan mo
doMercatores Patriarum,Terrarum,ScDominiorum prxfati Domini Archiducts tatn
Lanarum, Coriorum, Viaualium, &aliarum Mcrcantiarum quarumcunquc nee non
Eorum Faaores,Farailiarcs,ncgotiorum Geftorcs ,& Miniftri,Naut^, Magiftri Navi.
urn & Marinarii potcrunt dccretcrofccure &: hberc navigare, ire, tranfirc, & rcdire mare
& aquas dulces, & eilndo & redeundo converfari, effe & morari in didis Regni
& Hibernta Dominio, Villa & Mar chid Cakfid, &c. in Portubus & Littoribus ipforum,
oer pr.^fatum Dominum Regcm AngUa authorifatis in Villis videlicet , iibi Cuftumari
m-& alii Officiani Regis funtordinati, ad vacandum & attcndendum pro&fuperintroitu
\saUi gccxitiiNavium, Mercatorum & Mcrcantiarum, & non alibi, cumeoriim bonis Mer.
offictarii. ^ Navibus prxdiftis,quibuscunque & cum Mercatoribus Anglt^y Hibernta,
CaMee & A/rfrc^i^ejusdcm,feu Eorum Faaoribus,familiaribus negotiorum Geftori-
bus & Miniftris,dc quibuscunque Mercantiis tarn Viaualium, quam aliis libere mercari
emere &vendereac mercantias facere, poteruntque ad& in prsdidos Portus Anglia,
ran,hn. eorumbonapropria,quaffletkmalicnaduceic, vel duci face
fre & ab ipfis Portubus feu Littoribus, quotiescunque, quandocunque, vcl quocunqud
'volucrint; libere &fecure, rccedereSc rcdire, cum eorum bonis, mercantiis,& Navibus
absque co,quodipfi propterea perDominos Rcgnorum,Dominiorum,Patriarum, &
Terrarum prrediaorum, feu horum Officiarios, quovis paao redargui, vel aUqud pceni
muiaari poflint, feu quod per cosdemipfis mercatoribus aliquod damnum, pracjudici-
4im vel impedimentum fieripoflit,perviam faai occafione guerrx vel depraedationis,
jL hu^hcnU .aut'attcntorum,Faaorum,velfiendorum,velaliomodoexwuf4quacunque: folvcndo
der
ad(
den
vel'
pra
cell
cart
dun
cap
tun
aai
cog
nati
ferv
diir
pof
me%
"Dej
Oxi
The
ntti
Loi
ban
bonis & mercantiis fuis jura 8c telonia, quae ante quinquaginta annos proxime elapfos,
^ ftatuta folita 8c confucta fuerunt, Sc non alia, 8c nihilominus poterunt utriusque partii
Z^aTeh'ma Prlocipcs in Dominiisfuis, quoad fubditos fuos talia jura 8c tclonia, quae folverintde no- ? ^
imponfre. voinftitucre : poteruntetiam,nonobftantibuspraedidis,caufanccellitatis Viftualia&j ^ r
jufta 8c rationali caufa prohiberc 8c defcndere , ne tak genus viftuaHun, quod eis magj 4
mejfmu. videbitur expedite a Dominiis ex trahatur. |
j JJu
XIV. moi
I The
Tifcamibui Item conyentura eft,quod Pifcatorcs utriusque Partis Partium pr^diftarum cujusl arm
tamenquantum attinct ad Mercatores, utriusque partis partium praedidarum pro rebuj ( P**'
i,iriHiiu€ cunque conditionis exiftant, poterunt ubique ire, navigare per mare, fecure pifcari, absll jer,
que aliquo impedimento, licentia feu falvo-condufto; Et u contingat aliquos ex Pifca| Ebi
Ftimifis toribus unius partis per fortunam,tempcftatcm maris,vim hoftium, aut alio mode conif beru
fubditutam pgiji intrare in aliqucm portum vel diftriftum alterius partis, ibidem pacific^ 6c amica| co, i
P rm»m biliter recipientut8c traAabuntur,fblvendo in locis ubi applicabunt,jura 8c telonia praf CU
liberum difta, 8c ab illis portubus 8c locis potcruntliber^ recederc, & rcdire cum eorum Navibu| niftl
^(Zmfo're. 8c bouis, fiuC impcdimento vcl coritradiaione quacunquc, dummodo tamcn per ipfo|
Pifcatores non committatur fraus neque dolus, feu per cos aliis damnum minimc fiat.
XXII.
tcrci
fuor
24.
min;
Item conventum eft, quod Nautse, Magiftri navium ,8c Marinarii {ubditiprxfato-l
ramPrincipumpoft advenram ipforum ad pottus unius vel aUeiius Frmcipum Eoruitf
ramUb.rta- ' ' - ' —,
fern habirft
}
I
t
Fraud and Opprcffion detected and arraigned. 4^
dem ,poteriint libere imponcre & ligarc corum naves, tam oneratas & non oncratas, qiiam
ad querram difpofitas dummodo non fucrint piraticae in eifdcm portubus & lictoribus eo-
dem modo, quo potcrunt ipfius Principis Subditipropni.
XXIX.
Item conventum eft, quodomncs & fingulse littcras Rcprcfalliorum, aut dcmaria Preterita
vel contra maria ex Cancellaria, vcl alia Curia Principum prsedidtorum, aut eorundem^^^^^^
prxdecefforum, adcujuscunqusprofecuticnemvcl ob caufam quaracunque ante con- biamur.
ceftje vel emiflk in fufpenfo tenebuntur, nec poterit earum aliqua fieri exccutio nifi fuper
earummcritishabitaccgnitioneindifta ad hoc peripfosPrincipes fpecialiterdepuran-
dum, aliter fuerit ordinatum, & pari modo cmnes Sc fingula: deprajdationes &: violentae
captiones fuper marehinc inde ante diem Oftobris dccimum tertium ultimum prseteri-
turn faftjE fimiliter tenebuntur in fufpenfo, nec poterit fuper iisdem aut eamm aliqud
aftio intentari aut admitti; nec litterse Reprefaliorum dari nifi fuper horum meritis habitd
cognitioneindida ad hoc peripfosPrincipes fpecialiter deputandura aliter fuerit ordi-
natum.
XXXV.
lUTHy ad fecuriorem & firmiorem tam amicitiarum quam Mcrcium intercurfus ob- ohUgati»
fervantiampraefatusDominus i?eA;,perfuas litterasmandatum dabitfpecialeReveren- cwltmum^
diflimo in ChriftoPatri Domino Cardinali Cantuarienji y Archiepifcopo & A- Angiorum
poftolicae fedis Legato, Reverendilfimis inChriftoPatribusDomino Richardo Vunel-
w^>^Epifcopo, Cuftodi privati Sigilli, Domino Thoma Wintonienfi Epifcopo, Joanni
De«^<2»^Thefaurario Angliac, Thoma Domino Marchioni Dor/*?? , Joanni Comiti
Oxonienji magno Camerario, Edmundo Comxti Suffolck , Thoma Comiti Arundel,
Thoma Comiti TTerbia , Georgia Comiti Saluburgia , Joanni JVallis Vicecomiti
Dabneyy t^/EgidioX^ommodeT)abneyy Joanni PrioriDomus San£H loannujerufa-
lemmAnglidy nec non Majoribns,BailUvis Civitatum ac Oppidorum fcquentium , Kommaa.
Londinumy Eboracumy BriJloUium y Wmtonium y Cantuaridy Rochejiria , Ao«/-
hamtoniay Santwicumy TTohertumyhinnay TTerthmouthyTlemouth y HuUay Winchel-^'"'
fa y Bojlonia, Termouth & Berwicum, quod fc obligabunt & quilibet eorum fe obligabit
informam fequentcm : Omnibus Chrifti fidelibus praefcntes has litteras Infpe£turis,
Vifuris, & Audituris, Joannes Cardinalis Cantuarenfis Archiepifcopus, Richardm
Dunelmenfs Epifcopus, Thomas Wintonienfis Epifcopus, loannes Dynhamy Tho-
mmM.zx(ii\o'T)orfetyjoannesyictzomts Oxonienjis , Edmundm Cotats Suffolcky
Thomas Comes Arundel y Thofnof Qora.csT)erbia , Thomas Comes Salts bur ia, Jo-
annes Welles Vicecomes, c^yEgidius Dabneyy Joannes Prior Domus Sanbiijoannis
JerufaleminAngUdy nec non majores,Baillivi Civitatum leu Oppidorum de LondinOy
Eboracoy Briftolioy Wintonioy Cantuarid, Roehejlridy Southamtonia, Santiz'ico, Do-
berioy Lindy Dormouthy Rlemouthy HuUay Winchetfay Boftonidy Termouthy & Berivi-
CO, falutem in Domino fempiternam. Cum inter IlluftriflimumPrincipem HENRI-
CUMy Dei gratia -tAngliayFrancia^ Regemy 8c Dominum Hiberniaycyi una, 8c Sere-
niflimum Principem^'Lf/L/PP£/Af, Dei gratia Archiducem^ Burgundia
Ducem y^c. ex altera partibus qusedam amicitiarum, intclligentiarum &: Mercium in-
tcrcurfus,mercatorumque communicatioac alia etiam eofdem Principes 8c fubditorum
fuorum,Regnorum,Patriarumque utilitatem concernentia, T raftatus 8c fcedera de Data
H- die menfis February Londini , inita, conventa, conclufa, 8c finaliter deter-
minatafuerint,quosquidcmTraaatus amicitiarum 8c Mercium intercurfus vidimus 8c
intcllcxiraus,ac hie proinfcrtis habere voluimus, noveritis nosi^ridxitosjoannem CaV'
dinalem
44
Fraud and Opprcffion.deteftcd and arraigned.
Heminit
Procerum
Pel^arum,
dinalem, ^^Archiepifcopum Cantuarienfem, Richardum 'Dunelmenfem Epifcqpum,
&c. Et majores,Baillivos Villarum five Oppidorum prsediftorum adRcqueftam & man-
datum prjefati Domini Regis^ ac adfuarum littcrarum nobis in ea parte direftarum &
deliberat arum, quas hie pro infertis habere voluimus contemplatione in bona fide pro-
mifilfe, ac nos, & quemlibet noftrutn, hxredes & fucccflbres noftros praefato Uluftriffimo
Principi THILIPPO, ArchiduciAnfiriee^DuciBurgmdiai&c. ejusquehaeredibus
^fucceflbribusfiibhypothecaScobligatione omnium bonorum noftrorum praefentium
&futurorumobligafle,ficqueper prasfentes promittimus & obligamus, quod effedua-
liter procurabimuSjinftabimus, ac quantum in nobis erit, efficiemus quod idem Domi-
nusRex hacredes & fucccflbres, omnia & fingulapracdifta,tam amicitiarum
quammercium intercurfiis, omniaque & fingula eisdem contenta & fpecificata bene &
fidelitertenebunt, &obfervabunt,8cperimplebunt,acper nos fubditos, Vafallos quan-
tumEosconcernit,acinpofterum concerner benb &: fidelitcr facientteneri,obfervari&
implcri,incontravenientesjuftitiamminiftrabuntfcuminiftrarifaeient. In cujusrei te-
ftimonium &c. Et pari modo Illuftriffimus Dominus Archidux per fuas litteras manda-
tumdabitfpecialeRevercndiflimoinChriftoPatriDommo de Epifcopo Came-
racenjiy Carolo de Croy Principi de Chimay , Philippo de Burgundia Domino de
Beures, JoanniDommo deBergisy Joanni Domino Egmundo Gubernatori HoUan-
diay WtUelmo de Croy Domino deChievfey Antonio deR^Uin Dommo de Emmeriy
Baldwim de Lannoy Domino de Molembais, Francifco de Bmleyden Domino Prae-
pofito Leodienfi & janBi P)onatiani , ac Joanni de Tinas DenteviUe Domino Capita
J--'-"'- — — —
ntode Brugis , nee non Burgimagiftris Villarum feu Oppidorum de GandavOy BrugiSy
lyNieupoorty Antverfidy Bergisy DordrechtyVelpy Leydejiy Am.
JpereUyDunkerken^- , - o— . ^ -
JielredamyMiddelhurghyZierickzeeyVeerenyMeklindy BruxiUdy& Brieldy quod fe
obligabunt, & qu ilibet eorum fe obligabit fecundum vim, formani & effedum obligatio-
nis praediftae, mutatisque in ea parte mutandis : quas quidem omnes & fingulas obliga-
tiones modo & forma praemiflis conceptas decimd quinta die CMay proxime futura
idcmVikAni^miiis Rex Anglicy in Ecclefia Bcatje Maria: Virginis Deputatovel De-
putatis difti Domini rif trader, delibcrabit, 8c tradi &deliberari faciet, &pari
modo llluftrillimus Dominus Archidux omnes & fingulas obligationcs modo & for-
ma praemiflis conceptas If. die cJ¥<r^praEdiQ:a, in Ecclefia praedifta Deputato vel De-
piitatis ejusdem Regis tradet &:deliberabitaut tradi 6c deliberari faciei
£oIlationnefur unc minute du fm de Traite, qui eBgardk dans la Qhamlre
des Qomptes de Lille en Flandrejpar moy fouhjtgne Consider ir Hiflo-
riographe ordinaire du l^y, {^ommis par Ja Majefie d la Garde ds*
(DireB'ion des Litres Qhartes, ds" jfrchipes ddille Chambre , k x2.
luin 167-5.
tmprc
lish^
Cl
)ort, B
ilfafebei
SeProv
andgfjo
u&jcct.^
lijtinctic
aaijer
ttcrceS
CarlOor
3uke of
i?eceben
ticebifd
lourani
General'
dates. :
lartitfi:
D enys G odefroy.
TM
Thi
Arch-
before
concer,
ofeith
hourec
PHili
am
tflE
nmthiu
fbjFran
Cjofcnt
ajainfi
JJEtnme
Spain ai
Fraud and Oppreflion dcteded and arraigned.
^he fatd Philip , Arch-Duke of Auftria and
Duke of Burgundy, "H^as the onely Son and Heir ofM.3indL^tV2X[ois Dutchels
ofBourgundy, ^j«<iMaxmilian Arch-Duke of Auftria Husband, "^ho
■^as Son and Heir of Frederick Emperour of Germany.
He fame Fhilip, afterwards in right of Ime his Wife, the Daugh-
tcr of Ferdinandol, andlfabelU King and Queen of Arragon, and
C^pU was crowned King of Spain in the year 1501 , who left
two Sons, by the faid lane, named Charles and Ferdinando, the
Eldeft was crowned in the year i5'i9 by the Name
Charles the of that Crown, and in the year lyao was
crowned Emperour of Germany by the Name of Charles the fifth:
His Son Philip the Second fucceeded him in Spain , and the 17,
Provinces &c. and his Brother in the Then
0 de fhilip theThirdlxxccccdcd in Spain; and zfter him Philip the Fourth: and now Charles
Uan- fheSecond , KingofSpain, (that was begotten oiK ^nnaiJ^aria Daughter of
ferdinando theThirdEmperour of Germany,) who is now married m Maria Jerefia the
rrx. Daughter Leopoldus the Emperour of Germany , which he bad by his Firft Wife
pita- ^^argaret the younger Daughter of the faid Philip the fourth.
; Letfis the Fourteenth of France having married the Infanta Maria , the Eldcft
^aughteroftheraid ¥dn^Philipbj jfahella the Dnuohtct of Henry the fourth of France,
• faid Lewis the French Kingwo'B' claims the Spanish Nerher-Iands, or fome
itio- r p^jrf thereof in right ^Maria his Wife, as Heir, at LeCW or for ivant of her marriage por-
tura f ^bie Pyrenian Treaty upon renouncing her Right in Bourgundy to the Spa-
De-
pan
for-
De-
im,
an-
1 &
)ro-
mo
Bus
um
:ua-
mi'
um
c &
tan-
ri&
i tc-
ida-
me-
Tht
lish Monarchy, Ushkhatprefent [by an overruling Proyidence) ts brought yery loia,
rllefai&Bourgundian Treaty, (toljcrdrt atl tf)e t/. Provinces Were inriutieti') tua^ ratifieti anb cotillrmei) 6?
Charles the Fifth, attij Henery the Eight, tojo houttti tjemfelb^ atib tfjeit fucceffbiir^ fa| <tEber to tf)C perfbimatice
thereof j "JUnbCbenDibetfeoftljenobilttpmtfje Low Countries, ano <tritie^ of Amfterdam, Midlebourgh,
5ort, Bridges, Antwerp, Gant, Zirrickfea, Leydenfc. aili) tljefcfuCCeffO?^flaitij ObUgeiJ a^ <!5ltarantCe^; 3EniJ
ilfafeberanoftfjejSDbilitpanbCitie^mEngland. iltljougSitfje <©obcrnment be cfjangcbj in tfje Low Countries
i)t Provinces aiib Cities remain; anb tfjere 0 tlje fame Juftice anb Equity ttjat all tlje fiibjcctsj anb mgabitant^ of Eng-
?{loulb injoja t|ioferigi^t^^^ibifeD3e?anb^.remption,^m tfje i7» Provinces p^obtDcD bp tfjat ®reatp, a^ tfjc
ubjcct.^ anb Snijabitant.^oftfje 17. Provinces Doe rcfpecttbelnlnjop in England imtljout any exception re)irictionoj
lillinction tobatfoeber.
l©I)srefoeber tifz Souveraignity of tlje feben Uniteb Provinces remain^. ?llll jubgment^ 3Iublciall act^ anb
itcrceS of tfje fupjeam Court of ^lubicatiire at tbeHaguebo rtafSintfjenameoftbe IJigfj Soveraignity of tfje
lEatlbOm^ of Holland . Zeland anb Weft-Fricnand; anb in Gclderland #C. tlje UftC ; tbptfjtoeretljC titled oftlje
5uke of Bourgundy. Slnalltfjeir affcniblte^of tlje States Generall, ebcro Province tafeiS place accojblng to tljdr
yecebctifp bearing-t|jc fameCoat^of^rme^ of tfje Dukedoms, Marquifits, anb Earldoms, fo tJjep cannot in^u»
tice bifdajim tfje antient cobenant.€ anb contract^ bctitb England, fiince beep up tfje titled onb r babge^ of i?o*
lour anb Soveraignity Of tfjc Provinces bjfjicbbjerc in tbcpcrfon^of Princes before tbcpgabeaffignation to tlje States
Seneialtnfjoreton^act^ toitfj England .in tboBourgundian Treaty a^ to tfjofe Provinces arc incumbantlipon tfje faptl
itates. Jl^ljicljif t|cp^^allbcnp, tbere are fiirti^crconbincing argument^ to reacft tljem at tlje enb of tfii.^ feconD
lart j tfjat fome rcafon^ are hot put in pjactife in tlji^ juncture of trouble^ in €|jji jlcnbom,
FhefaidTreaty concludedbetlveen Henry the VII. King of England andthefayd Philip
Arch-Duke of Auftria and Duke of Bourgundy containedfix and thirty artides, the fix
before mentioned related chiefly to the reflation of trade, isfavigation and Commerce, the refi
concerned the peculiar interefis of Princes (yiz,) that no afiijiance should begiyen to Enemies
cfeither fide, no Rebells to be countenanced, butremoyedandbannishedt no Pirates haf
ioured, (^c.
PHilip^efeconbconfirmebtfjefameHniance, ibitftEdwardthcSixthatibQueenMai-y (toitSi tofjom Fjecontracteh
amarriage) anb alfopiomifcbQueenElifabeth to fenb fjeraib anb affiflance tobiarb^ regaining of Callis from
ttje French pet fjebept not f)i.^bJo?b, butontfjccorttrarp fbmenteb g?cat trouble^ in Ireland, fefjile tftc French
ttntinuallpincouragcbtije 'Scotts to inbabc the Frontiers of" England purpofelpto mabe bibctflon from ejrpebition^
b|France: t(jcn aCibiUbjart btoab out in the Low Countries in tfje peare J 572. tofjerc fcaben of tfje Provinces fjabing
Wen olb William of NaflawPi'inceofOrange, to be tfjeir Captaine'tiSeneraH toaffert tfjeirrigfjt^ anb ^libilebge^
tfje innobation^ of Spain, stfter nine pear^ contention in Slrme^/ the United States rcnoiinceb tfje Spanifh <©o«
oemment. in regarD Queen Elifabeth coufb not pjebail bp all her inbeabour^ anb ,Jl® eDiation to reconcile the K'"S
Spain anb fte States.
JiR ®hen
^6 Fraud and Opprefllon detedcd and arraigned.
•larijcn t^cp OffcretJ tljenifeltl^ nutltljeic Provinces to fteiinbertfjefoberaignitp of Hemythe third of France,
refiifcb to fe incunibeb toitb futft a generation. Queen EUfabeth alfo bcnpeij anp ^ouberaignitp at 3£anb
tjofe States, 6nt after mann fupUcationS , her Majefty tohe tfjcni into fjer ^joteetion in tijepeareiyss .to.
' upon an open taarrfollotoeijljetbjeenEnglandanb Spain, anbintljepeare 1588. CfjeinbinciWe Armadotoa^bij
fcb bp tije Engliih dfleet, pet tfje toarr continneb baring Ijer Majefties Kaign.
3[[n tfje pear 160 2. tfjc United states erecteb tfieir Eaft-india (ffompagnp: anb King James toa^ at tfjat time pjoclai
latofuU beiranb ^nceeffour to tfje Crobin of England, tofjotooulbneberintreague Ijimfelf in Xeagiie^ bjit|
Hollanders, tljat bjere at IMfc bjitij all tfieir jSeigbbour^, but mabe a peace toitl) Spain anb eontinueb tljecCom
3llllianccfbj.#labigationanb<£ommercebJitf)all ttje 17. Provinces purfuant to tbe Bourgundian Treaty. 25ut
Scotlandl)i.^Majeftiebenianbebannuallteibute^fo?tbeirifi^biii0 snb bjping ti)eir net^ at Sintljo? upon tfte Sc'
tCoafl: tlje fame ougljt to be bemanbeb upon tfte Englifl: account, if tfje J^jibiltbge^ g?anteb bp tlie Bourgundian t
(initiebJthereof)be notcontinuebtotljeEnglifh dlfearcljant^in all tlje Cities, Ports, Harbours, Roads anb N
gable Rivers oftlje 17. Provinces, fince tlje Hollanders anb Flemings bO refpcctibclp illjop tfje fame in England b)i
anp rejtraint bjljatfoebcr.
3intfje§eare 1609. King James anb Heneiy the Fourthof France ajS UKebiatojsl pjocurcb atruce anb ceflfatioj
3lrm^ foj 12. ifear^ bettoeen Spain anb ^e Hollanders.
(Clien tfje states of tfje United Provinces pjefetitlp entreb into a HeagueofTenfibeanbbefmfibe toitJ) France
all cbenf0 againfl England anb Spain, to maintain tljeir Iree dfi^bing upon tlie Coafi of Great Britaigne.
buring tlje fapb cefl'ation of 3llrm!S, foon after King james ijab belibereb (tlje ltep.S of Holland anbZealand]
Cautionarp tobin^, Briel, I'lulliinganbRammekins. utoar b)as)fomeuteb in Bohemia at tlje fame juncture
tJjeEaft-india Company of tlje Netherlands ,bib time tljcir buflne^ to fpopl tlje Englifh dfEarcbaut^ of tljcir ^lantad
^actori?^, anb J>picetrabeatAmboyna, Tacatra(Jc. CljcjMn^of toljofeblonbbjill neber be toa^ljeb atoap.
true being enbcb in tlje jdcare idai .tlje Hollands erecteba Weft-india Company bp JSiatent to tabe tlje Spanifh p
peetp anb to mahcnetoConquefl.^ in America. Anb alfopjofecuteb tlje toarr in Flanders fo|tfjeirJFrontier (Cobj
3£fter tlje beatlj ofKing James, King Charles tljefirfl in tlje ®eare 1625. mabe a HEeagne toitlj t^e Hollanders offt
anb bcfenfibe againfc Spain anb Auftria,anb at tfe fame time fent a dulcet of^ljip^ to reliebe tlje bifirefleb J^ioteflan^
Rochell: toljitljer tlje Dutch fcnt 20. ^^ip^ of toarr (.intenbeb ^ainft Spain) to t&e aftijtante of France tljat befeatei)
Majefties fojce^ Ut tlje Hie of Rhee.
SIntbegear i63o.tfiespanjardsbef[rou^ofagoobcojrefponbcncptoit!j England, offereb fati^faction to tfje Ki
bemanbsS, but tfje Hollanders tooulb not be inclubeb in anp treatp: fo a ^eace toa^ conclubebatMadridbettoecn
lip the Fourth of Spain, aub Charles the Firft ofGreat Brittaign, toitfj fomeabbitioit^ tO tlje Bourgundian Treaty.
rCljcn tlje Hollanders applieb tljemfelb^ to cardinal Richelieuw, anb renetoeb tfjeir league offenftbe anb befcti
toitb Lcwistbe ij.tfjattljepljabmabetoitfj Iji^ dfatfjer Hencry tlje 4. toljerebp tlje Spanifh Netherlands toere to
tiEguallp bebibeb bettoeen Holland anb France, toljile England jtoob ffill anb remaineb neutral, 33ut after fc
pear^, tfje Hollanders gjotoingjealou^offuclj4Seigijfaour|, tfjepinclinebtoaCreatpatMunftcr, togerafpon
toa^ a peace conelubeb in tfje ^eare 164S. bettoeen Spain anb Holland, leabing tlje French King to ^biftfo? fj'"
tofjo continneb tlje toarj toitlj Spaine anb Auftria untill tlje Pirenean Treaty in tlje ^ear 16 59, toljerc tfje Hollanders,
tljeir otonbefence, tooulb Ijabefomuclj of tfje 5930101 Netherlands a^ tljep fjflb l^/ to remain aji a SSultoojl!
tbemagainfi France, anb fopjomreb tfje act ofrenunciation from i^e infanta of all IjerHigljt/ aub pjetence to
Bourgundian Title; Hetrefufebaftertoarb^, to fuller tfje French King to feije tfje Spanifh JDIate jFleet fO| pap
of tge dllSarriage f option, tfjat toa^ ^jomifeb toitlj tlje infanta upon fjer renunciation tofjicfj i^ pet unfatWieb.
Wherefore in Tuftice and Equity the Ko/f;<»dcrr, or Spain ought to pay the Portion, otherwife the Erench K'
hathanaftionofunldndnefsagainftthem both: And under favour of the Honourable Author of the life
Swte C" in his Arguments j.pag. 10 andyi: Sotiveraigns have Prerogatives above private perfo
who are tyed to formalities ot I.aw : Pn«cesinfuch cafesfandinallcafts of injurie) give their own deck
tionsatthc head of an Army: And having no fupream, tliey are their own competent Judges: yet Neij
bouring Pn'Mcer, as moderatours ought to interpofe fo ferr, that upon payment of the Principal, the Pcna'
fhould not be exacted.
Idti tljC Hear 16 54. at tlje enb of tfje toar J bettoeen tfje Long Parliament anb tfje Hollanders, Oliver Cromwell
clubeb a treatp toitfj tlje States Generall, conlbimabfe to tlje Bourgundian Treaty, to^ercbp lall tfjere diJabig
Kiber^ toere mabe free to tlje Englifh toitlj all otfjerPjibilebge^ toljatfoebcr, a^ ample a^'tfjep toere bp tfje f
CreatpintljeHear 1495. l©ut cromwellpjefentlprnabeatoarj toitlj Spain, arib fo objlructeb tlje Engliih
gation to Antwerp, Gent, anb all otljer Spanilh J&ojt^ in tlje Netherlands nntill tje pear 1660. ^^ebertfjelef^ in
30. Article of Oliver crorawels treatp it toa^conclubebtljat all bammage^ anb injuries bone to tlje Englifh in tie e '
Indies, Mufcovia, Braziel, atib all Otljer place^, fmce tfje gear 1611, untotlje||eari652, pfjoulb berefcrrebto
beterminationofCommifjioner^, tof|orecetbebali|iofall5^ammage.^, bntbetermineb onelp tfjatof Amboyna
85650 pounb^ .Stalingtotoarb^fatipfaction of tfje i|eir^ cErecuto?^ anb affigne^ of fbofe perfon^ tfjat b
murtljereb, anb fpoileb at Amboyna tofjicfj toa^papbaccojbinglp; anballtfte re|i toere referreb totj&ej^jote^
Cantons of Switlerland tofjO ticber met,
tfjeHear i658,apoungmanintfje<trit{eofHambourghtf)|eto affoneat one of tfje jKercfjant^ abbentur;..
calling Ijim anb all Englilhmen fon.S of Sogue^, tfjat fjab murtfjereb ti^eirKing: tofjereupon tijeillSertlant ^plpeb Ij'
felf to Mr. Bradfhaw ,* cromwells Jfiefibent tljcrc, tofjo compfaineb fofjigfjtp totbeMagiftratcs.tfjjeatningtfiem
Sf^dlRaffer^ljoalbblocftuptfjeBiberElve, anb burn tbeir^fjip^ in tfjeir barbour iffjc fjab not fatijSfaction
tfjataffront: fotfjeMagiftr.itestoerefo|cebtobeliberuptfje^erfontobefacrifi;eb at fji^pfeafure, tobo upon fo
intreatiejj eaufcb bim onelp to be tobipt ttoice tb?ougb tbe Crcbange at noon bap,
Jf great Brittaign mat [0 terrible abroad in the time of an Ufurper, what should it be now ^ whentl
Lawfull Souverain Lord and King Jjtf upon his Throne. If thefubjcBs hpew their ownfirength,
uttderjiood their own intereft}
Fraud and OppreflSon detected and arraigned.
47
BtJtitwlllbeobjsftedj thatfincethe BourgundunTtenty the 17. Vtavinces have been difinembred and divided into
feverallGovemnentsand JiiriPdiftions, ioinebelon'in^to5/>«i«, OzherstotheSMfej of the 7. United Travinces
• and a part unto fMac?. And that even in F/ftwdec/and the two Maritine Vrovinces, thz Hollanders
hai"'ottenbytheii'Coi|aed:3 5i!«:e, Safs van Gent, ~4rdenl>nrghBreda, Hulft, Bergen oj^ Zoom, and other Frontier-
Places, which were confirmed to the States by the Treaty at Maafter, when the King of Spain rcleafed his rinht therein
. to the HaW<««d?rs. And that the hath fincegotten bypurchafe and conqueft in thofe two Provinces, Duin-
kirke, Winoxherg, Houvaay, Tournay, Lijle, Oadenaarde, Cortrick , ,Armentiers , ^ylfi, Conde , Majlricht, &c.
Many whereofbytheTreatyat^yxCitpe/ewcreconfirmedtohiitibythe Crown Spain: thisis anfwered before, that
they are all raenibersoFBa«r|M»!dy, and if they expeil any ofthe Priviledges and advantages of the Bourgmdian Treaty
with they inuft reciprocally anfwer the like ; butthe laid Treaty Marine with ahdthe Treaty at M (tdrid
with Spain puts all the chief matters out ofdoubt.
As it was the intereft of England,, in the time of VhiUp the Second', to curb
the pride of Sl)am ("in dividing his Powers) by aflifting the poor diftreffed
States of Holland &c. So it is now the Intereft of Great 'Brittaign to hinder the
growth ofthe/i/o//tW^rr that are fwelledfo high above their Neighbours by
the fpoils of Other Nations, their Eafl-lndia trade, Fisheries, &c.
yhe Hiftor) ofthofcTimes is fresh in the memory of many thoufands that are tranfported tnith monder and aflo'
nishment, to hear that the Ho\\d.ndzrs, did lately fight with the two Royall Tleets e/England and France iti
the open Sea, and feverall Armies at Land. When they canjider the days of old and read the records 0/England
/jaw R.ichardr/;e^r/?eo«^«eredr/be Kingdom of Cyprus J <i»dHeneryr/)e Sixth nt as crowned King o/France in
the Citieof^ixis-
%He generallkno^djnM.axme Is that Kings can
donolprong, therefore no aSiion of injury lies againft aSoVeraignVrince.
They fee loith other mens eyes and hear loith other mens ears , and
their Minifters are onely accountable for all Errors, loho fometimes ha'Ve taken
lorongmeajures otherlpife they could not commit fuchgrofs^jf palpable miflakes as
appears in their tranJaSlions concerning the rights and properties of the fubjeSls
mentioned in the 15. Article of Veace and Alliance betlc>eenC\\3.xhst[-icSeicond
King of Great Brittain and the States Generall of the United Netherlands
taken out of the Treaty concluded at London the 4. ofthe Septemb. i 66 l . and in
thefollo'Hoing Articles of th^Treaty at Breda.
Article XV. Translated out of theLatin Original.
IT is alio agreed and concluded between His laid Majefty of Great Britain, and the (aid Lords States of the tjnited
Netherlands, That the Ifland ol Pularon fliall be reftored unto His (aid Majefty, or unto them whom he fliall thereunto
appointbyaCommiffionundertheGreatSealof£«^Z<t«d; and that fofbon as any one provided with fiich a Commit^
fion, fhall arrive there and demand the (aid reftitiition: Which that it may be effeftcd with the more ea(c and certainty,
Commiftlonsneceflary for that end fliall be delivered unto Him from the States General, and the Netherlands Eafi-India
Company, immediately after the Ratification ofthisTreaty. And that by the reftitution of the (aid Iflandof Pa/itrott, all
aiftions and pretenfions wherein the Subjcfts of either Party think they have tight for Lolfes, iniuties and Offences commit-
ted upon each other in India, and taken notice ofinBw^/i^tjd before the to of fanuary 1658 (with this Exception, That they (Hoeexcepto
who fry they have fufferedlofs in Two Ships, to wit, the Bonaventura and Bona Efperan-:pi, may profecute the •Suit al-^""-^(idicet qui
ready begun) fhal ceafe, be extinguifhcd and annulled ill the manner following; foi dicunOn^
That all Offences, Injuries and Lofles (except before excepted) which one part hath fiiffered ,or can any way pretend duabusnaVibus
to have fuffered from the other in the , whereofany notice hath been given to the Englishat London, or to the (viz}BonaEfpe-
i^etherlanders at the Hague, before the Twentieth day of , 1659. New ftile, or the Tenth of , 1658. ranza & Bona
Oldftllc; but in other parts ofthe world on this fide the Crfpe, if any aftions or things whatfoever, that hapned before Adrentura.
the publication and notice of the Peace concluded between both Nations the 4 day of Match 1655 fhall remain utterly Potcrum litem
Cancelled and extinguifhcd, fo as neither party fhall trouble the other for any fuch Damage, Offence, Injury Or Dgtri- E"-®
tnent (except before excepted) but there fhall be and remain a pcrfeift abolition ofall and every one of them, and all Suits
and Aifions upon fuch account fhall be void and null: But other Damages, Offences, Injuries, and Detriments, which
the English Nation either upon publik or private account, can affirm to have fain or been brought upon th em by the Go-,
vernment of the United Netherlands, or by the Companies or private perfons fubjefts to that Government; as on the other
fide what the United Netherlanders can upon pu'olick or private account pretend to have fain or been brought upon them by
the Government of the or by the Companies or private perfons fubjed thereunto , in the Eafi-Indies, before
the 10 day of 1 6 58 oi' at leaft whereofthcre Hath no notice been given at London, or the Hague before that day; and
in other parts of the world after the publication and notice ofthe afbrefaid Peace in the year 19 54 without any further diftin-
dion or e.xception ofpeifons, place or time, fhall be fubmitted, asby this Treaty they are fubmitted , unto the E.xami-
nation. Arbitration and Decifion ofcommiffioners or Arbitrators, after the Manner, and under the Conditions following.
That Commiffioners be appointed onely for matters paft , but not at all for matters to come, which may happen after
the day whereupon this Treaty is concluded.
That tljeir Conimiffion direded unto paft things onely, <ts hath been already faid, is not to contain any general Claufe>
but to be cxpreGly confined and limited to a fpecial Catalogue, which fhall be annexed unto the Commiflton, fb as they
may by no means take cognifance of any other thing befidcs the Adions fet do wn in that Catalogue:
48
Fraud and Opprcflloii deteded and arraigned.
Bat that they may mutually agree thereupon, a Catalogue fhall be made by both Parties, and interchangeably delivered^
that it may be punctually and duely examined by either fide t And ifthere be found in either of the Catalogues, any things
whatfoever relating to the which were known in £»»do» before the lo of lamary, i658asto Aftions oftlie
£^»7s6oratthefametimeatthcA«gKe, as to Anions ot theUnitedProvinces, or which hapned in other parts of the I
world befpre the publication and notice ofthe fbrefaid Peace in the year 16 54 , or other Aftions of fuch a nature as may not I
be thought fit to be referred unto fuch^rbitration, they fhall be re jefted and expugned out of the Catalogues. I
Wherefore after each fide is agreed upon thefe Catalogues, a whole year fhall be appointed, wherein all bufinefles con-
tained in thofe Catalogues may be accommodated and compofed by friendly Conferences between his Majeffies Minifter,
and the Commiffioners oftlte States General at the; And the Pretenders or their Deputies thereunto appointed by
foecial Letters ofAtturney, fhall be bound to make their appearance at the Hague before the end of the Sixth moneth in the |
forefaid year: But that year being expired, all thofe Aftions about which the Pre
: Pretendersi or their Deputies were at the
//<rg«ewithanaimorpurpofctohavethembroughtuntoafriendly i(Iue(whichthcy fhall be bound to prove by a lawful I
tcftimony ofthe King ofGrerftBwVitzVs Envoy, and the Commiflioners of the States General, orof either of them) and!
which neverthelefs have not been by that time brought to fuch an iflue, fhall be referred to the faid Commiffioners, that
they may be at laft conrpofed or decided bv them; which Commiffioners, after the laid year is expired, if there remain
any Aftionsuncompofcd in fuch friendly manner at that time, fhall to that purpofc meet at London, and they fhall be
Four on either fide, inftruftedand provided with Authority •, and thenceforward this fubmiffion and progrefs in and
through all things, fhall be carried on in the fame manner as it was in the year 1654, But fo as the Arbitration upon thcfe
/natters be not referred to theProteftant Cantons of Smffirland,
*Poteruiit
Litem in -
ceptam
profeciui-
'F ter this Treaty, was fo concluded; Theperfotts interefedinthefaydtwo Ships Bona Efperanza
Bona Jdventura J perfued their memorialls at the Hs.g\xs depending before the States Ge-
aer^WupontheYdngsrecommendation, buttheEiAlndiz Company pretended that the words
*weretobeconJlruedastoafuitebegun by Sr. PaulPyndar at .dmllerdam _/()r gilders j
that Izcob^ergens had gotten by compofttieuoftheEzSilndizCompany upon a fubfequent bill
offale is" procuration from Mr. Courten , fotheyputMr.Czvcve toa vajl trouble and Expence
in RoWznd whereupon this certificate followed, which the States flighted and fayd they l^new
how to deal with Englifhtnen upon all accounts whatfoever.
The Certificate of the Kings Commiflioners, concerning the originall words.
^oterunt litem inceptam profefii.
underioritten Commif loners for his Majejlie o/Great Brittain in the Treaty concluded
the fourth of September 166a n/ London Taith the late Embajfadors of the States Gene,
rail of the United Provinces of the Netherlands doe hereby Tejlifie ajftrmeand declare, that
/Ac "B'ortid^Poterunt Litem inceptam profequi) the fifteenth Article of the JaidTreaty
relatingto the Ships BonaEfpcran zac/ Bona Adventuta, haas by us meant andintended that
lAsbegun and nolodependingat theYiz^wcin a Pollitique loay betloeen Sr. George Down-
ing Knight and Barronet his Majcfties Envoy extraordinary, and the Deputies of the faid
States and no other, Kjind that there ivas no mention eyer made of any other Lis begun and
dependingthenthat. And as to the conjlruing of thefaidloords to have Reference to any Lis
pretended to be nolo Incepta at Amfterdam before the Efcheyens there. Wee the faid Com-
mijfioners do further Teftifie and declare, that there loas not any mention made duringthe
time of the Treaty of any fuch Lis incepta at Amfterdam, hut indeed the faid Embafja-
dors didparticularly andearnefly preffe that the bufnefs as to thofe tloo Ships might have
been left to the ordinary Courfe ofluflice in Amfterdam, lahich mas abfolutely refufed by us
the faid Commifloners in the name and by or der of his faid Majeftie , andby his faid Majeftic
himfelf^as he declared in Council) inConferencemith the faid Embajfadors, and that mith
this Declaration ^ that this bufnejje should not be removed out of the may it mas depending
upon the fey er all memorialls & proceedings at the Hague Ma.]c&ics order and direBion
givenin that cafe to Sr, George Downing mhich mas mutually agreed accordingly. In tefti-
vaovrymhereof, mehaye hereunto fubfcribed our names and afixed our Scales this nine S"
Tmentieth dayofCMay inthe fifteenth Te^r of the Raigtt of our Soyer aign Lord King Charles
the Second, Anno Domini, 1663.
id) Pi
isifth
It Law
Propri
men,
would
ihetiife
requiri
of the]
Tappear
Albemarle. L.S.
E. Manchefter. L.S.
Denzell Holies. LS.
Cha. Berkeley. L.S.
G. Carteret. L.S.
Edw. Nicholas. L.S.
■^ill.Morice. L,S.
iin the
'^hitak
)earin{
Irabarc
ft was i
remain
mages
Large:
Minift
ces, g
by Kif.
The
ivcrcdi
■ thing
i of the
I of the
nay not
:s con-
inifter,
ited b'
tin the
at the
lawful
n) and
> that
■cmain
tall be
in and
1 thefc
ranza
s Ge-
words
'ilders
U bill
'pence
knew
rds.
'-tded
ene,
that
eaty
that
?vn-
and
Lis
oni'
the
fja-
ive
us
tic
ith
ing
ion
(ti-
&
les
le
Fraud and OppreflTioh detcded and arraigned!. 4^
An Apologie for the Originall Proprietors j and
adventurers ^ as alfo for the Creditors of S' Wtlltam Courten, S' Paul Pyndar^
and S'" Edneard Littleton.
N this cafe of the Bona Efperdnza , and Henry Bond tXdventurd of Ldndon^
The King appeared, fo highly for a Soveraign remedy and fatisfadioii
beyond all other cafes whatlbeverj that when the StatesEmbalfadours Mef-
fieurs vanHoorn and van Gogh defired their Credentialls to be gon re infebta
in the Moneth oi^Augufi 1662. unlets his Majefty would Mortifie and Ex-
tinguishthe injuries Lolfes offences and Dammages concerning the faid
two Ships Efperansja and 'Bona Advefttura. His Adajefly prefently
ordered Sr. Wdliam Morice to prepare the Letters Credential! for his Royali
Signiture, which was done and iigned accordingly, whereupon the Em-
bajfadours defired another conference with the Kings Commiflioners, pretending their Maflers
lad given them further inftruftions by the laftpoft, to accommodate the difference by anExpe-
dient: Which was a claufe fent by yohn de JVitt in Latin to follow after the Mortification of all
other injuries and offences &c. in thefe Words: Hoc excepto quodfciiicet qui fe jaBuram pajfos diomt in
duabtts navibus (viz,) bona Efperanz^a Cr Bona Adventura, Potermt Litem inceptam Trofequi. Which
wasa very flight Expedient to be accepted after 15. Moneths vigorous profecution by memorialls in
the Kings Name for fuch an injury andoffence committed againff the Laws of Common Amity,
iVhereby the trading voyages of Courten and Company to China and Japan were fpoiled; A fouii-
dation laid by Patent for an Indian Navigation beyond all enterprizesthat ever were undertaken by
one English men before Sr. Wtl. Courten and Company.
The Treaty being fo concluded at The Kings Minifters both iii England ^T\d Holland
)refred on for an acgommodation of that affair according to his tSiAajellies intention, but the Eafl-,
^ndia Company of the Netherlands ^onldnot come to any account for fpoils (pro confequentia) having
brfome reafons not onely killed and wounded many of his Majeflies Subjeds in the Bona Efperanxja
mt difapointed the fadories by taking away their goods and embeazling all their books and writings,
' It is provided in the 15. Article that the Com miflioners should not meddle with any Dammages or
affences to come after the T reaty was concluded, and alfo that the progrcfs of all thingsbfought be-
'ore the Commiflioners and Arbitrators should be carried on in the fame manner as it was in the year
(1^4. who concluded nothing (but Amboyna) of the great lift of Dammages, fo that the Dutch in-
tended nothing as they reported at the Hague but to outwit the English.
The Kings Minifters nor any ofthe perfons intereffed and injured could get no other anfwer from
\t States ot Eaji-India Company, thofe qui fe pajfos (although the fad was confefs-
) Poterunt Litem inceptamprofequi onely for the money; due upon Sr. Paul Pyndars aflignatioil
if there w.anted a Treaty of State to impowerany Englishmen to profecate theEafi-Indta Company
icLaw in the ordinary courfe of Juftice upon any pretence whatfbever. Then the Creditors and
fProprietorsrefolved unanimously together that the should not find them Children but
len, ax\A Englishmen y that would not be contemned and derided by any Nation in the world, and
ouldasfoon lofe their lives as their livelyhoods, Honours or reputations: Wherefore they applyed
herafelvs again to his and alfo complained inwho voted to aflift the King in
squiring fatisfadion accordingly 5 afterwards the Lord Chancelour deGred a conference with feme
)fthe perfons intereffed to underftand the merits of the cafe. Then Francis late Earl of Shrewsbury
appeared perfonally before his Lordship and protefted that 2500 o€ Sterling all the money left
Jn the Family was lent to Mr. Co«rre« upon the account, Sr. lohn Ayton and Charles
^hitaker did the like, Mrs. Bartlett Sifter of Endimion Porter, George Townfend and many others ap-
tearing for themfelvs , anddiverfeOiphants and Widdows, whofe portions and Eftatcs were all
imbarqued with Courten, Pyndar, and Littleton which aggravated the offences and InjUrie fo far, that
it was found abfolutely neceffary by the King and his Councell to pafs an Efpecial Grant forR eprifall to
remain effeduall in all times until! fatisfadion and reparation should be made for the debt and Dam-
nages awarded for the faid fpoils injuries and Loffes, as by the Letters Patents in the %y. Page at
Urge appears, whichis fuchan indifpenlibiead, thatcannotbe violated; And feverall neutral!
Minifters of State in Forraign Courts upon perufing the faid Patent, and waighing all circumftan-
ces, gavethisCharaderofit J Thatit wasan Adpaffednotonely by K <«g Charles the^reatf but
by King Charles the Ju(i.
Fiat jujlitia f treat mmdus.
$L«
p Fraud and Oppreffiondetedcd and arraigned.
Six fele£t Articles of Peace and Alliance be<
tween Charles the Second ^ King of Great'Brettaign 8cc. and the States Gent
r^i//of the Seaven United taken out of the Treaty Conclude
at!Sre<idthezi. of July Old Stile, i66j.
III.
Lib, that all OfFcnjes, Injuries, Dammages, LoIIcs, which His faidMajefty and HisSubjedfe,
or the fbrefaid States General and their Subjefts have on either fide Iliftained during this Warr, on
any time whatfoever heretofore, upon what Caufe or Pretence foever, be buried in Oblivion, an
totally expunged out of Remembrance, as if no fuch things had ever paft.
IV.
Moreover, that all Ships, with their Furniture and Merchandife, and all Moveables, which
ing this War, or at any time heretofore have come into the Power of either of the forementioni
Parties or their Subjefts, be and remain to the prefentPofleflbrs, without any Compenfation or Reftitution; fo as a
. one become and remain Proprietor and Pofleflbr for ever ofthat which was fo gotten, without any Controverfion,
Exception of Place, Time, or Things.
V,
Moreover, That all Aftions, Suits, andPretenfions, whatfoever they be or in what manner foever they have btt
reftrained, circumfcribed, defined or refervedin any ArticlesofPeace or Alliance already made, (and efpecially in t
fifteenth Article ofthat Treaty which was Signed in the year 1662,) which His faidMajefly andthefaid States Genaal,
their Subjefts, m.ay or would profecute or move againft one anotner about fuch matter or things as have happened durii
this W ar, or in any former times as well before as after the forefaid Treaty of 1662, until the day of this prefent Allianci
be and remain void, obliterated and difannulled; As His faid Majefty and the laid States Generall fhall declare, and th
do hereby declare, That by vertue ofthefe Prefents, they will for ever totally renounce, even as hereby they do renounci
all fuch Aftions, Suits and Prefenfions] for themfclvs and their Succeflbrs, fo as in regard ofthem nothing more ml
or ought ever to be urged on either fide, and nothing to be moved thereupon hereafter.
VIII.
It is alfo Agreed , That under the forefaid Renunciation and Stipulation, all Letters whatfoever of Reprizal, Marqi
and Counter-Marque, both general and particular, and otliers ofthat kind, by vertue whereofany Hoflility may bee
crcifed for the future, ought alfo to be reckoned and comprehended ; and by the Publick Authority of this Alliance th
are inhibited and revoked. And ifanyperfons of either Nation, after fuch Revocation , fhall neverthelefs, under pn
tence or authority offuch Letters or Commiflions already revoked, defign any new mifchief, or aft any Hoflility, af
the Peace is made , and the times fpccified in the feventh Article are elapfed ; they arc to be looked upon
difturbersofthe Publick Peace, and punifhed according to the Law ofNations, befides an entire reftitution of the tliii
taken, or full fatisfaftion of Damages, to which they lhall be liable, notwitftandingany Claufe whatfoever to the c9
trary, whkh may be infcrted in the faid Letters revoked as aforefaid,
XXIII.
That in cafe it happen during this Friendfhip, Confederacy and Alliance, any thing fhall be done or attempted by ai
of the Sub jcfts or inhabitants of either Party againft tills Treaty, or any part thereof, by Land, Sea, or Frefh-wate
That neverthelefs this Ami^ and Alliance between the faid Nations fhall not thereby be broken or interrupted, but fhl
remaiH and continue in its full force; and that only thofe particular perfons (hall be punifhed, who have committed ai
thing contrary to this Treaty, byLandorSea, or other Waters, in any part of£Hro/ie, or any places within the 5tM)(
oi'in^merica, or upon the Coafts of , or in any Lands, Iflands, Seas, Creeks, Baj's, Rivers, or in ai
places on this fide the Cape o/Goodaope, withinTwelveMonethfpaceafter Juftice ftiall be demanded,- And in allpla(
whatfoever on the other fide the Cape (as hath been abovefaid) within Eighteen Moneths next enfuing after demand
Juftice fhall be made in manner aforefaid. But in cafe the offenders againft the Treaty do not appear, and fubmit then
felvs to Judgement, and give fatisfaftion within the refpeftive times above exprelfed, proportionable to the diftancco
the places, they fhall be declared Enemies of both Parties, and their Eftates, Goods, and Revenues whatfoever, fhi
be confifcated for due and full fatisfaftion ofthe injuries and wrongs by them offered; and their petfons alfo, when tin
come within the Dominions of either Party, fhall be liable unto fuch punifhments as every one (hall deferve for his refpfl
live offences.
XXXIL
It is alfo agreed, If at any time it happen (which God of his mercy forbid) that the Differences now compofed betwci
His faid Majefty and the faid States General, fhould fefter, and break out again into open War, that then thofe Ships
Merchandife, or any kind of Moveables of either party, which fhall be found to be and remain in the ports, and uni
the command of the adverfe party on either fide, fhall not for all that be confifcated, or made obnoxious to any inconvt
nience ; but the fpace of fix moneths fhall entirely be allowed to the Subjefts and Inhabitants of either party, that tk
may have leifure to tranfportfrom thence the forementioned things, and any thing elfe that is theirs, whither they ft
think fit, without any kind ofMoleftation.
Seyerall K^rguments raifed upon thefe Articles, and diyerfe objeliions thereupt
anfseered in the 5 3 ♦ page hereafter folloiving^
T
Fraud and Opprefllon detected and arraigned.
5"!
Three feled Articles of Peace and Alliance be-
tweienCharlesthefecondKin^ofGreat'Bnttai^nJ &c. and Prederickthe third
King of Denmark and Norlioay , taken out ofthe Treaty concluded at Preda,
the 3" of July , i66-/, , .
1.
Irft, It is Covenanted, Concluded and Agreed, That there be from this day a perpetual,
firm, and inviolable Peace between the moft Serene and moft Mighty Prince Charles the
Second, KingofGreitt BnVwi», and the moft Serene and moft Mighty Prince JPrederick
the Third, KingofVenmarkzniNorway, between their Heirs and lucceflbrs, and their
Kingdoms, Principalities, Earldoms, Iflands , Cities i Forts ^ Lands, Siibjeas and
Inhabitans of what ftate and quality foeverAnd fo as to maintain and promote each others
good no Icfs then their own, and to aveit and hinder with all poffible ftudy the damage and
deftruaionofone another. Andinthisrefpeait fhall be freeforthe Subjeas of eitherKin»
to exercife a Mutual Navigation and Commerce without moleftation, and with their Mei>
chandifes to come to each other Kingdoms, Provinces, Marts, Ports, and Rivers, and
there to abide and traffik.
III.
It is alfo Agreed and Concluded, That all Differences on both fides, Sufpidons and ill will, both on the part of
the moft Serene King of Great Britain, and on the part of the moft Serene YJiagotDenmark, &c. and likewifefor
finguhn -theMinifters, Officers, and Subjedsof them, be buried and abolillied by a perpetual Oblivion. And further
ftomthisprefentlhall expire, be annulled and for ever cancelled all Damages, Offences, Injuries bv word or writing,
that either the one has done the other, or has been fuffered by the one from the other, from the verj'firft beginning ofthe
nowceafmg Warto this day, and the determined point of time wherein all Diflcntions; Difcords , Differences and
Enmities (hall ceafe and be laid afide; Byname, the Aflault and Defence made at Bergen in Nortpaj, and in whole,
whatfoever either followed from thence, or does thereupon depend; infuchmanner, as that neither of the faid Parties
by reafon of any damage ofthis kind, offence, or charges, do under any pretence whatfoever caufe the other any trouble,
much lefs for this caufe endeavour or attempt any kind of Hoftility.
V.
All Ships, Goods, orthelike, that in this turbulent feafon, in the heat of this very War between both thcabovc-
mentioned Kings and their SubjeRs, have been taken by the one from the other, or that either Party has confifcated and
fcizcdontheGoodsandPretenfions.ofPerfonsorSubjeftsofthe other Nation; asalfo all the Expences of War on both
fides, ilrall be compenfated by alike mutual Abolition. Infuchmanner, as are together comprehended in this Compen-
fation, thofe Debts oftheSubjeasoftheKing of whichhave been on the part of Denmark confifcated;
butinthisfenfe. That whatever Debts of this kind unto the Tenth Day of Old Stile, and Twentieth New Stile, by
vertueofConfifcationorReprtfalshave/beenby Subjeds paid and received, do remain utterly abolifhed and fatisfied^
andthatitbenotlawful for the Creditors offuch Debts for the future to pretend any thing upon this account, much lefs
to urge payrnentoffuch for any reafon, or under any pretence whatfoever. But offuch Debts, as on the faid day have
not been paid and received, it fhall be lawful for the Creditors , Subjcds of the King of Great Britain, to demand
and profecutc'.the P.iyment , by the ordinary way of Juftice. Excepting neverthelcfs 120000. Rixdollars, more or
lefs, (namelv accruing from a certain Controverfie, which arofe between Chrifiian the Fourth of moft glorious Me-
mory, K.ing'oi Denmarkznd Norinaj , and the Parliament of England, by reafon offending Aid to Charles the firft of
moft glorious Memory, King of Grejtt I!Wt<t/«)forwhich theKingofDe«iM<tr^and Norway bound himfclf, and gaveJiis
Bond to a Company of certain Englifh Merchants Trading at Hamburgh, and there either now living, or that have hereto-
fore lived; Which claim of 120000. Rixdollers or thereabouts, being confifcate, fhall be now by vertue of the prefent
Treaty accounted as null, dead, and utterly abolifhed, infuchmanner, that the Creditors of that Debt are not either
now, or at any time hereafter therefore to demand or pretend any thing. In like manlier as is alio Covenanted and Agreed
in moft finnificant words, ThatnoPretenfion fhall be at anytime made, by reafon of Ships and Goods fo feized, and Debt
or Money lent, infuchmanner as aforcfaid abolifhed and confifcated; but that all fhall on both fides by a Solemn Com-
penfation be for ever accounted as null and void: Yetfo, that Land, and immoveable Goods be not comprehended in
theafbrefaid VoidanceandAnnullation, but that they be without any difficulty or impediment reftorcd back to thofe,
who before the denouncing of the prefent W ar were the Pofteflbrs and Proprietors of them;
Six feled Articles of Peace and Alliance be-
tweenC/'^F/eF the Second King of GreatDrittain y &:c. and Le-t\>is the Four-
teenththe moft King, taken out of the Treaty , conluded at
©F^f/ritheii. ofjuly, i66j.
I.
HattherebeanfTniverfal, Perpetual, True and Sincere Peace and Amity between the
moft Chriftian King and the King of Great Britain, their Heirs and Succeffors, and be-
tween the Kingdoms; States, andSubjefts of both; and that the fame be fb fincerely
and feriouflyobferved and kept, that one fhall promote the honour and advantage ofthe
other ; and that a faithful Neighbourhood, and fecure obfervation of Peace and Friendfhip
may flourifh again on every fide.
III. .
That all Offences, Injuries, Dammages, which either ofthe (aid Kings or their Sub jeift^
have fuffered from the other during this War, be buried in Oblivion; fo that neither in
aegardofthem, nor for the Caufe or Pretence of any other thing, neither party, nor the
5ub-
^-4 Fraud and Opprcfllon detcded and arraigned.
Subjcfts of either, fhall hereafter do or caufc to be done or made, any Hpftilitv, Enmity,' Moleftitlon or Hindrance w
theothci, by hunfelf^or by others, fecrctly or openly, direftly or inditcdlly , oy colour ofRight or way^ofFadt.
IV.
ThatfhcufeofNavigationandCommercebefrecbetweentbeSiibjcdtsof both the faid Kings, as it -was anciently in
the time of peace, and before the Denunciation of the late War j fo that every one of them may freely come into the
IK-ingdoms, Frov'nces, Maits, Ports and Rivers of either party, bringing their Mcrchandifc , and Converfing anj
Trading there without Moleftatioth
XVI,
That all Letters as wel bfReprizal, as of Marqnc and Countermarque, which hithertho have been granted on either
fide for any caufe, fhall be and be held null and void ; Nor fhall any the like I.etters be hereafter granted by either of the
ftiti Kings againft the Subjefts of cither; unlefs it be firft made manifeft that Right hath been denied, and unlefs he who
defires Letters ofReprizal to be granted unto him, do firft draw and prefent his Petition to the Minifter redding in the
Name ofthat Kingdom againftwhofeSubjeftsthofe Letters are defired; that he Within the (pace of Four Moneths, or
fooner, may eiiquire into the contrary, or procure that fatisfadion be with al fpeed made from the party offending to the
Complainant. ButifthatKingdomagainft whofe Subjefts Reprizals are demanded, have no Minifter redding there,
Letters ofReprizal are not to be granted till after the fpace of Four Moneths to be reckoned from the day whereupon his
Petition was made and prefeirted to the King againft whofe Sub jeds Reprizals are dedred, or to his Privy Council.
XVII.
Then to cut off all matter ofQuarrel and Contentions, which might arife in regard of the Reftitution of Ships, Merchan.
dife, and other Moveables , which either Party may complain to be taken and detained fi-om the other in CoUrttrcys and
Coaftsfardiftant, after the Peace is concluded, and before it be notified; All Ships, Ma'chandife, and other Moveables
which fhall or may be gotten by either fide after the Subfcription and Publication of the prefent Agreement, within tht
(pace ofTwelve Days in the Neighbouring Seas j within the (pace of fix Weeks from the faid Neighbouring Seas linto tht
CapeofSs. r»»ceKt, then within thefpaceofTen Weeks beyond the faid Cape on this fide of the JEquinollid Line, or
Mqmor, as well in the Ocean and Med»/err<«»e<t« Sea, aseKewhwe; Laftly, within the (pace of ffx Moneths beyond
the bounds of the forefaid Line through the whole World; fhall be and remain unto the Pofleflbrs without any exception
or further diftindson of time or place, or any^confideration to be had of Reftitution or Compenfation,
XVIII.
But if (which God ofhismercyfbrbid) the Differences now compofedbetweenthefaidKingsfhould at any tlirie fefter,
•ind break out again into open War, the Ships, Merchandife, or any kind of Moveables of either Party, which fhall be
found to be and remain in the Ports, and under the Command oftheadverfe Patty on either fide, fhall not be Confifcat-
cd, or made obnoxious to any inconvenience, but the fpace of fix Moneths lhall entirely be allowed to the ^ubjeds of
citherofthe(aidKings, thattheymay carry Jtway and tranfport the forefaid things, and any thing elfe that is theirs
whither thay lhall think fir, without any moleftation.
Seven feledt Articles, of Pe^ce, Commerce, and
Alliance, between the Crowns of Great (Brittain and Spain ^ taken out of
the Treaty concluded at Madrid the May, i66-j.
i ^ I' ^ -.Agreed <t«d Concluded That from this day forward there lhall be between the two
Crowns of GrMt and Spain, a General, Good, Sincere, True, Firm ancLPerfea
? Amity, Confederation and Peace which fhall endure for ever, and be obferved inviolably
aswellbyLand«sby SeaandFrefh-waters; and alfo between the Lands, Countreys, King
doms. Dominions and Territories, belonging unto, or under the obedience of either of
them. And that their Subjedfs, People and Inhabitans refpeftively , of what condition,
degree or quality foever, from henceforth reciprocally, (hall help, affift, and fhcw to one
another all mannerof Love, good Offices, andFriendlhip.
VIIL
That the Subjeffs and Vaflalsof the Moft Serene King of Great Britain may bring and carry
to all and (Ingular the Dominions ofthe King ofSp(t«», anyFruitsand Commodities of the Eaft-Indies, it appearing by
teftimony ofthe Deputies ofthe Company in £.oado», that they are of, or have come from the English Con-
quefts. Plantations or Faftories, with like priviledge, and according to what is allowed to the Subjefts of the United
Provinces, by the Royal Ced«/KrofCo»rr<«r;i««i(» bearing date the 27. o&ae, andthe 3. ol luly 1663. and publifhed on
the 30, of lune , and 4. of luly the fame year. And for what may concern both the Indies, and any other Parts whatfoevct
the Crown of SpaiadothgranttotheKingofGrearBriMtMandhisSubjefts, all that is granted to the United States of the
Low-Countrycs and their SuV'jefts in their Treaty ofMnw^er Point for Point, in as full and ample manner as if the fame
were herein particularly inferred, the lame Rules being to be obferved, whcreunto the Subjefts of the faid United States
are obliged and mutual Offices of Friei*lfljip to be performed from one fide to the other.
That
Fraud and Oppreffion detected and aftaigncd. j j
IX.
ThitthcSubjcilsofthelCuigof Grtat Wtuitii fraJin^j buying andfellinoin any of the KingJoms, GovernnientSi
iflands. Ports or Territories ofthefaid King of fnall have, ufc, and enjoy all the Priviledges and Immunitici,
whichthefaidKinghathgrantedandcoafirmedtothe2!#gi«AMerchantsthatre(idcin ^niak^ia, by his Royal Cniul.ii
orOrders, datedme 19. day ofthe 26. dayofl«»e, andthe9- day of ifovimber 1645. His Gatholiquc Majefty
by thefe prefents reconfirming the fame as a part ofthis Treaty between the two Crowns. And to the end that it be manifcft
toall, Itisconfented. That the faid Schedules (as to the whole fubftance thereof) bepafleJ and transferred to the body
oftheprefent Articles, in the nameand favour ofalland fingularthcSabje£l:solthe King of Great Brttitin, rcfiding and
tracing in any Places whatfoever within his Catholique Majefties Dominions.
XX.
And to the end that all Impediments be taken away, and that the Merchants and Adventurers of the Kingdom of Great
jriMiti be permitted to return to Brabant, Flaniers, and other the Provinces of the Low-Countries, under the Turif-
iaionoftheKingofSprfi», Forafinuch as it hath been thought convenient, that all, and any the Laws, Edifts, and
Ad; by which the Importation of Cloth, or any other Woolen Manufafture, of what kind foever, dyed, or iindycd,
niill'd , orunmill'd, iato Flaniers, or the other Provinces, hath been prohibited, be revoked and difannulled, and
that if any Right, Tribute, Impofition, charge or \doney, hath been, with permiifion, or othcrwife , put upon
cioatlis, or any ofthe fore faid Woolen Manutaflures fo Imported (except the ancient Tribute upon every piece of cloth,
and proportionably upon every other Woollen Manufacture, agreeable to the ancient Treaties and Agreements between
thcth:nKingsof5Mgte.I, and the Dukes of Baar^ntidy, and Governours of the Low-Countries) the fame fhould tbe al-
together void, and no fuch Tribute or Impofition from henceforth impofcd, or put upon the faid Clothes or Manufactures,
for no caufe or pretext whatlbever; And that all the English Merchants, trading in any of the faid Provinces, theit
Faftors, Servants, or ComtniiHoners, (hould enjoy from henceforward, all the Priviledges, Exemtions, Immuni-
ties, and Benefits, which formerly have been agreed and given by the aforetaid ancient Treaties and Agreements, be-
tween the then Kings of England, anditheDukesofBo«rg««dy, and Govefnoursof the Low-Countries; It is therefore
agreedThatDeputiesfhallbenamedbytheKingofGrerftBwMia, who meeting with the Mirquefs of Boirigo, or
the Govcrnour of thofe Provinces for the time being, or any other Minifters ofthe King ofs^ain, fufficiently authorifed i*
thisbehalf, (hall friendly Treat and Conclude hereupon,- and alfo fuch further Priviledges, Immunities, and neceffary
Exemptions, fuitable to the prefent flate of Affairs, fhall be granted for the encouragement of the faid Merchants and Ad-
venturers, and for the'fecurityoftheir Trade and Commerce, as (hall be agreed upon in a fpccial Treaty, that fhall be
made between both the Kings, touching this Particular.
XXVIII
And that the Laws ofConimerce that are obtained by Peace, may hot remain unfruitful, as would fall out if the 5ub.'
jefls ofthe King of Gre,« Britain, wlaen they goto, come from, or remain in the Dominions or Lordlhips ofthe King of
Sfain, by reafonoftheir Commerce or other bufinefs, fhould be molefled for cafe of Confcicncc, therefore that the
Commerce be fecure, and without danger, as well upon Land as at Sea. the faid King of fhall provide, that the
Subje£tsofthefaidKingofGrM«BnV,«r»(hallnotbeagrievedcontrarytotheLawsofCommerce, and that none of them
fhillbemolcfkedordifturbedfor their Confcience, fo long as they give no publique fcandal or offence; and the laid
King of Great fhalUikewifc provide, forthcfimcrcafbns, thatthe5ubie£fsoftheKingof5pat» fhall not be mo-
lefted or difturbedfiir theit Confcicncc, againft the Laws of Commerce, fo long as they give no publique fcandal Or
offence.
XXXIV.
TliattheGooisandEftatesoftheSubjeasofthe King ofGreat Br/ta/», that fhall die without making a Wil in the Do-
minions ofthe King of fhallbeputiutoluvcntry with their Papers, Writings, and Books of Accompt. by the
Couful or other publique Minifler ofthe King ofGreat Bita/«, anideaofited in the hands oftwo or three Merchants that
fhall be named by the (aid Conful, or publique Miniftcr, to be kept for the Proprietors and Creditors; and neither the
CratAit, nor any other Judicatory whatfbever, (hall intermeddle therein; which alfo in the like cafe fhall be obferved in
England towards the Sub jcfts ofthe King of Spain.
Arguments upon the 3, 4., 5, and 8. Articles of
the Treaty concluded at Great'Brkain, and the
States Generall.
He Governourt, VireBoHrs and high Participants of the Eilk and Weft Indian Companies ofthe Netherlands
are the Magiflrates of the chief Cities and tonrns in HoWmi and Zealand, tnhofe Oficers and Minijkrs abroad art
thofe perfons that have aBed and caufed to he done all thofe injuries, offences, dammages, and loffes mentioned
in the Third Article ofthe Treaty at Breda.
..4nd all aBions, Suits, and pretences whatfoever, mentioned in the fourth and fifth ..Articles of the treaty,
proceededfrom the faid Injuries, offences, Vammagesand Lojles, and tvere to be profecuted in the Kings Name , at
(crimen Laefae Majeftatis) Capital Crimes againji the Publick Peace.
But under the notion of thofe Injuries, Offences, Dammages and Loffes for fpoils and depredations, cannot be comprehended
any private or particular dealings between Man.ani Man, nor any Covenants, Obligations, ContraBs , or Merchants Accounts
yettheHoWinietsandZeciknierswouldhave themapplicahleto the Generall Words 0/ all Aftions, Suits, and Pretences
whatfbever, without dillinBion of place, time, orthings, .w;»tI(eC.r/e4ef»'re» Fletcher 4«dPergens (wherein the States
©fHollandhavebytheirOrderonthe TO. of September laft prohibited the Magiftrates of Amftcrdam, the Provintiall
Court and the Supream Court of Judicature at the Hague from doing any ordinary Tuftice for money received upon a
Contraa, and Affignation of 5 ;oo pounds as hereafter appears) andfoat one blow would deflroy all mutual Society and Cont'
nirte. If the words should contain {or be underflood) all pretences generally whatfoever, noBills of Exchange, or debts con'
4^ tra^ei
54
Fraud and Opprcffions detected and arraigned.
iralied on either ftde ought to have been paid, that were contraBedor oweing before the Treaty. Ni) ^Bion upon d particular ,
Civill account can be extinguished bygenerall words in a Treaty utilefs a conpfcation thereof be firfl exprejfed in terminis ,orfp^
tially as the King of Denmarks, debt upon obligation to the Merchants adventurers o/Hamburg, who may expeS in due jni:
fomeanfwerable reparation, from the Crown ofEtyghnd. ^
me anjwsraoiz repartiiiun} y/ywjwc wwwwty
Jt iss agaitipthe rules ofJujlice andEquity, and all Morall principles to hinder any rhan the ordinary courfeofLaw f'ti? t, (.5,3
and particular .ABions. Its granted that Sovcraign Princes and States may renounce for themfelvs and their fucceffburs all /«
^Bions, Suits, and pretences whatfoever that artfe upon Injuries, offences, Dammages and Lojfes where they are brougi
1025
;oa9i 0
@aiterj
in the'Name of the Sovcraign Power or that muff be nioved in a way of State.
In all . aBs ofGenerall Pardon there are feverall exceptions (and a falvo Jure) to particular'mens intereffs.
In cafes ofMurther .Appeals are brought fometimes at the futts of the party after acquitall in the Kings Aftiort.
EefidesthereisaCourtofConfcienceinall mens breafls, and no Sovcraign Power intheWorldcanhinderanymanfromti
miniffringlujlice and Equity to his party, wich remains in his own power to do-, when he is convinced, that he hath don hk
wrongj Bw fie Weft India Companies o/tie Netherlands; will neither do right of themfelvs, nor be compelh
thereunto by others, for any thing in that great Ufl ofDammages againfl them mentioned in the is- Article ofthe Treaty 1662.
Now as to the -Articles, John de Wit wanted words to mortifie that fpeciall aBion, which remain upon record: Yet he faitli
it ought to be reckoned and comprehended under the GCnerall Notification and extinguishment, (words never fouud out beff
John de Witt was Chancellor o/Holland, which came home to him C ifir Brother at laft:) Put how a Patent under the Great Sb
ofEns(i3nigr.wted fuch waighcy confiderationcanbe revoked, John de Wit con/d find no prefident without fatisfaBion.
It K true all other Injuries, offences, Vammages, and Lojfes remained'ianvih'ihasandnothingwas made cleare and redua
to a certainty but the EonsLEfpet^nzz, Henry Bona Adventura , which without all doubt, willyetmake agoodvoya^
in time for the remaining EffeBs although they have met with marry fiorms and tempefis.
The Copy of a Patent containing fet>eral Graciqm VrWiledges lately granted ty tk
High and Mighty Philip the Fourth, IQng of Spain, <s'c. Tranflated
out of Spanish, in the year e I<>45. renelt)ed2L'a^confirrnedh.miOi<^<^j*
letfon^
&2ratic
niSclig
itctifws
ON PHILIP, by the Grace of God, King of Caftile, Leon,
Arragon , the two Sicilies, Jerufal em, Portugal, Navarre, Grana
Toledo, Valencia, Galicia j Majorca , Sivilla, Sardinia, inpj^
iCordua, Corfega, Murica, Jaen, theAlgarves, Algefira, Gibral
tar, thelflands of the Canaries, the Eaft and Weft Indies, Iflands
^and firm Land of the Ocean Sea, Arch-Dukc of Auftria, Duke
Burgundy, Brabant, and Milan, Earl of Hafpurg, Flanders, Tirol, and Batcel
lona, Lord of Bifcay and Molina, &c.
iii5h
lunic,
l)e01»
ffliiifmu
©jrcji
nofut&i
(Ut. t{)
twuhle
tbegtit
mit of Ct
i:otnt&
"ftrt^erea^ on ^ebefjalfofpou Richard Anthony, Confulof tSie€n8li#dSationfb|!poiirfcIf, onb fntge^a
VV oftfje^iihjcctsioftfjeJtUig of Great Britain, it ijatJj been ^Jetoeb unto u^, (Cfjat bpbertne of t|e gea
concliibeb in tfji^ anb tfjat iSealm, poii 5o reflbe anb tcabe in Andalufia, anb fpeciallp in tlje €itic^
sivil' 5t.Lucar, Cadiz;, aiibMalaga, bepcingu^tobepleafcb to Confirm luito pou tije p|it)ilebge^, cremptioi
anb faculties tofjicfj bo belong unto poua.6toeIt bp tftdrticle^ of tfje faib geace, a^ bp tlje <lEon|irmation^ tterei
anb otfjer jfabour^ anb <0|ace^ bjfjitf) our lEojb anb jfatfjer ofgloriou^ mcmorp bib g^ant unto pou, anb all fu|
otjer^^.tofjicf) Ijabe been giben pou bo tfje Croton^ of our iSealmsS of caftile anb Portugal, anb to comntanb tfjat tfit
map be in, anb foj all t^ing^ obferbeb anb accompli^fjeb unto pou toiUjout anp limitation, anb fb? furtljcr afluratii
togjanttl^cmanebJimtopon, toitfjtljegualitte^, ampIitube^anbbeclaration^toljicJj ^Ijall bcmoft conbenicnt fojl
poll; anb to fct^enaltic^ upon fuel) a^^ljallcontrabict, anb not obferbetljem unto poit; anb to tljcenb itriiaptii
hnoinntoljattljcparc, to gjanttfiem Copied thereof, o| of tliat our faboiir ^Ijall be : Unb toe taftingtit
J^jemife^intoconfiberation; anbbecaiifefoitScoccatton^tofjicfttoelabe fb?ourS©ar^, poufjabe offerebto
ub toitli 2 5oo.©tifsct^of,|>ilber, tobcpatbonerCj&oitfanbreabp monep, anb tlje remaining one Clioufanb |il)!
Jjiinbjd) in tljC j®onetl) of April oftfjib gear; toljereof tlje 3ticentiate Frauds iijordio, to|^ in reberfiori of Don
Anthony dcCampoRodondoy Rio, ituigljtofffje<0|berofSantiago, oheofoutConcil aiib iCljamber, anboftflJ
(Creafurp, in pour name, anbbpbcrtueofpourpotoer bib acbnotolebge a J©?iting of Obligation in Itjjm bdow
lohnCoitezdelaCruz, oiir jfiotarp, toebol^olbit fbjgoob; ainb bp tftefe ^jefent^, of oitr oton motion, atili
certain hnotolebge, anb iSopal anb abfolute gotoet, tolji^ toe in tlji^ b^alf totll rnalte ipc of, anb bo ufe a^ an ab
folate liiiig anb 3tojb, notachnotolebgingaiip^uperiojinmattcrpiCcmporal, bo confirm anb app?obe t|e
bllebgesi , nf remption,^, anb dracnltie^toljtdb bo belong unto pona^ toel bp tljeSllrticle^ of tfte faib ^eace, a^b?
tlje iToivfirmatioa t&ercof; anb alfo tfje otljer fabour^ anb graced tofpc& our ttojb anb jfatljer bit geant unto pou ani
otfjer# tojatfocber, tol)ic{jljabebeen^benbpour€roton#bfCaftileanb Portugal unto t&e faib ^itoject#, iuaiO
fo|alltl)tng#a#tfjeretn, anb cberptfjing anb part tl)ereofi#fpecifieb, contained, anbbeclareb, totljecabtfiepmap
befirm, liable, anbofbalue, anbbeobferlKb, bq^t anb ffl:compli#{)eb unto pou: jpo| one bellberate intent ant
toillt#, tbatalltljofeoftfjefaibjaatian#ljaIIenjoptSereaf toitljoiitanp limitation, in fuclj manner, tftat burins
tlje time tlje faib 0rtgli#bmen#ijallreribe in Andaluzia, neitfjer pouno^tbepmapbecijargebtoitlj anp Office oj pu<
bitchCfjargc, noi^ffouncil, ®utoj#f)ip. Oirato|#{jip,!5ecelbcc#02®reafurer#,altljouglj ^ep be of Cuflomc^
anb .ilKillion#, o; other ^rbice# tohtch concern our Bopal Creafurp; anb mucfj lef# t§tp map bemanb of pou 3113
3£oan#ojOonatton#, o|taheff:ompouanp iSlght#, o| pour Sent#, igoffe#, o| ^labe#: ^ to bo pou tlje
more faboiir o| g?ate accojbiug to that tohich t# agtecb bp tJje faib J^ace, toe bo toill anb p?omife tijat pou #hall anb
mapbcalanbtrabefreelp, anb fell pour .iBerchahbife anb Jfruit#, anbbuptljofe of mp iSealm#, anb carrp tfjeni
fonh, obferbing tfjattoljich »# ojbafneb anb commanbeb bp the Hato# anb Statute# tohitfj mafe mention thereof,
Biibpapmgtooiirlilopal®reafurptheOittie#oj€uflom#tohicfjou]^httobepaib; pjohtoiting, a# toe bo prohibit
anb commanb, not to tahe from pou bp fbjce anp dHaerchanbife#, iBhtat, 0? 5BarIep, although it be fo| the mahiiis
reabpo^ffiriH^hinsourHlrmie#, jPIeet#o?OalIion#, no|fbj^urbepo?#'Dj J»tetoarb#i anb the J^iibifebge# are
to
3(nbf
'Out
a
:epcrn
leinfo,
ifthehe
fcfeeinii
Ciillon-
iatche#
fiool
Ipoihtoh
Itoichbo
ilnbfoi
%
[Officers
jnfsivil,
Ihte#,
other €:
foeber,
manner
^hallbe
as much
accomp!
toiitaini
no2 bda
pchbebi
ferhatio
thofctof
tent toe
a3|abgs
urn
tie# anb
man be I
feOlatti
, totheei
SInbje I
Slubged
the time
<taiirt,
legate h
Fraud and Oppreffion dcte(3:ed and arraigned. 5 ^
: , Jto 6c cattcemiua t^e t© 'leat anU i25 aclcp accoj&ing to tfje ($att; ana concecning: tJjc ot&ec t&mgS ana HaercSanaife^
, ®|i<?tjou^i)alcon£lnae ana agree: bntt&enmannottahet&em out of pone g>offefrion until tj^ep ftabe paiafoj tfietit
V,Z{-^W f"! tbe fame tijece De leaoe gtnen/ tfjat tfjep Da nat maleU ana tconaie pan. 3lna farafmncft
'"'""^s'manpofpauaotceattobjaigmtotfje^o^t^ofAndaluzia, tljetfitp of 5ivil, ana otber placed, g?eat auantito
in O'lb £>t{)et fojt^ of a^p ana faitea jpi^fj, becaufe tljen ate ©ictual^ togici^ ate been neccffarn •
l/z r pi" P"" "^^S^tge^, ana ate mncg ttouWea, C©e Do toiH ana conmana to be beat
,1 ■'*'jt^i0eatnanceoftlje€itpofsivil, togetebp it i€ ojaatneb, tfjattfjofetogicfjcomeiubjitl) bap o? faltcaifi^i^,
■ "^•toalnbtbeanpl^^jiceoiaacefetuponttjent, .bnttgep^ijallbepctinitteatofeU at fnclj a ^?ice aS tj^ep ^all tbinlt
fcooa; anait^fjallnot be neceffatp to manifejl tljem ann mote tfjen unto out »©jficee^ biljicfj teceibe out Sopal
anbiftbeljIjip^bjgeteintrjefaiadFi^bt.Sbiaiigfjtbegzeat^fjip^, tftatt&ep cannot go up tfje aibet, ana
^ SEigljter.^, tfje SJubgc of tfje Jllamitaltp no| ann otftet pctfon map not put anp
j'J'^j.TOaitet^ o| fiieepet? into t&e 25atque^ oj ftigfjtet^at tfje cfjatge of tfje ©bJnetjS of tfjcm.
Til I Hiibtoeaoalfocommana. (aCfjatift^efaiajFi^fj^fjallappeattobetotteri, ana tfiat it cannot be fpent, tfjatitbe
/ ^■.pnit, o| tfjjobjn into tfje J»ca; anbtbatfoitfjijlcaufct^ete^fjallnotbe anp (iCanfe o? Action commenceb aaainft
^ r"m©tonet^tbeteof, ojperfon^bjfjicfj.^ballfellit. noitfjep^ballnot be impeifoneb, no| infbimea againll. 3Ena
' r/'Tfezafmacfj aeS tfte offitet^ of tbe CultomS , anb ptfjetii of Dibet^bntie^ bTfjicS ate teceibeb fb^ tfje jrtuit^ ana
'%®3tcganaifc.^, aoufebjfjenanppetfonaat& inform, tofjabctftebefenbantintpjifonea bjfjic&^betoetfjbimfclftobe
, lattp. bjgetebpfjappenetfjtomenofiCtabegreatbifctepit, cfjatge,€«nabetati0n^; <©utbjifli^, anb bjebotom«
" n«tb, (Cbatintgefaiaanfoemation tfjete^fjallbeonelp pioceebebagainfifijejiiaetcbanbife^, anb notaaainftth#
W^rfon^; but tfjeo ^fjalf be pecmittcb (a.^ toe bo petmit tfjem) to mabe anb ^fjall mabe t|eit Defence^ in tfie faib
fetation. 3llnbfa?afmHcfj alfo, a.^ accoibing to an 3Stticfe of tfje faib ^eace, tofjicfj mabetfj mention of mattet,^
niicligion, nottoitfjttanbingtfjatinfome^uit.^ tfjen^goulbbeclateto^tfjettfjepbe Sioniati <iratfjolitjue.0 o| not,
Jtaifrng tfjemfelb.^ to gibe faitfj to otfjetiS tofjicft tfjep tabe aj! pattie.^ oj toitneffe^.
hj tk
:ed
.eon.
iibrai
unebaalfacommana, Cfjatconcetnfngtfji.^mattettfjete&enotbone, no?tfjece ^fjall not be bone, ann tSing
Ditfjtfjafetobicfjatcboinintbefaibaealm, butonelptbattfjefaibConbitionbe bept anb accompli^Sbeb, anbtfjat
lofuebquejlion^beputuntotfjem, gibing unto tfje oatbs! tofjicfj tbep^fjall tabe in 3iubgement €outt, anb toitfj«
5Ut, tfje famefaitfj anbctebit tofjicfj ^fjonlb be gibcn in cafe tbep toete Spaniards, anb fjetein pou ssgall not teceibe ann
ttouble oj mole nation no? tfjete ^pall no gziebance be bone unto pou: tSnb bj^tea^ fb? t^e juftification of fome caufe#,
tfje gubgc^ anb Siflice^ bo P?etenbtfjat tfje Jl©etcfjant^ of tfje faib .j^ation ^fjoiilb ejr&ibit 55aob^ of tfjcit contract
T ra n J bealing,^; toe bo toill anb commanb, tfjat tbe 25oob^ of tfje jimetcfjant^ of t|^ faib jSation jSball not be tabeti
. . (lit of tfjcit fjanb^ fo| anp canfe tofjatfoebet, but tfiep ^fjall beep anb ^beto tfjem in tbeit fjoufe.^, to tabe out tfte pact
linia, nfjiclj ^fjaUbcappointeb.anbotfjet^^fjaUnotbebeinanbcboftfjem, no| tfjete ^fjall not be anp otfjet g>apet^ tabert
■ ■ ■' torn tbem, upon penaltp tfjat fje tobicfj ^fjoU bo fjere againfi ^fjall be puni^fjeb acct^bing to 3tato.
iitie^i
iptioiij
tbeteef
all futj
at tf|(!
futanfl
.ent fi)!
maph
ingtiji
3 ferte
lib p
f Don
Oft^l
befoK
1, aiiti
anal)<
e
a# (I
(uanii
iuaiiD
pmaf
It ati8
mtins
jj pu*
:ortic^
aaif
at tfje
laniJ
tfjcttt
tteof.
ifjibit
tbiitg
Bi are
to
3tubfo|afmucfja^tfje.lliaetcfjant^bobifpatcbtfje.l|®etcfian&ifcfcomtfje€ii(iomfjoureof tfje faib Citp of 5ivil of
1 i©utie^, anb becaufe tfjete ate manp tofjicfj bo mabe up a sffjeet. tobicb i^ ^ubfctibeb anb ,|>igneb bp all tfte <©ffi«
t^, anbtemainctfjintfjefjanboftfjeAlcaydeoftfje4ruffom-boufe; fb|tbacbp bettue tfjcteof, tje j®etcbanbife^
"flcepetmitteb go to fojtfj, to|icfj ate in dfarbel^, f&acb.S, fStunbiS anb €afe.S; anb afcectomrb^ toljen tjiep babe tabeW
'|erafo|tb. anb put tfjem into tbeitfloufe^ anb i©ateboufe^,tbecbicfl!»eepet of tbeCuflomboufe, anb t|^ <®fficec^
iftbe balf per Cent, bo bifit tbe l|oufe anb "^ob^, ttoubling anb molefKag tbem, bemanbing of tbem tbe bifpatcbe.^,
itfeeining unto tfjein, tbat tljep map betain tbem, becaufe tbep left tbe bifpatcb in tfje banb^ of tbe faib Alcayde of tbe
€u|lom-boufe; toe bo prohibit anb commanb, tbat tbe boufe,^ of tbe faib .HBetbeawt# ^boH not be bifitcb, no? tbe bif^
patched ^ball not no? map not be bemanbeb of tbem. in tegatb tbep babeibein not in cbeic banb^; anb tbto i^ to be uns
iEtlloob. anb ii unbetltoob of bonfe^ tobicb ate toitbin tbe i©afl^ of tfje faib €il^; anb to tbe enb it map be bnotou to
jiou.tofjicb are of tbe «Bngli^b .©ation,tbetc icf to be belibeteb unto pou copied of tfje faib f^?ibiiebgc^ anb <J2tetttption^
toicb bo concetn pou, anb tofjicb toete granteb unto pu; a.^ toefl bp tbe 'Sllcticle^ of^eace, a^ bp anp otfjct manner;
Inb fo? erecntiort anbaccompli^fjment of all J0?emifire.^, toe bo commanb tbofe of out Council, anb tbofe ofout Couu^
til.^, ?liTemblie0 anb iCttbimal^ ofout Coutt, anbtbefpretlbent^anbSfubge^ of out Siubience^, Akaydes, anb
"©fficct?! ofout f oufe anb Coutt, anb Cbancecie.^, anb tbe Segent anb ^ubge of tbe Court of !Peg?ec,^ of tbe Citpi
ofsivil, anb cfjief Alcaldes of tbe l^jecinct^tbcteof, anballtbeCorrigidors, ?6}fi|lant^ anb <i5obetnoutsS cbiefSlu?
IlitesS, .anb'©?binatic.^, a^toeUintbefaibCltie^ofSjvil, Cadiz, Malagar, anb St. LucardeBaramcda,, a^ofall
ntber Cities, (CatonS anb ^lace^ oftijefe one iSeafmS anb li^ominion.^, aiib ail otber Slubge^ anb ^uffice^"tobat*
foebet, of tobatqualitpa?conbition foeb?t tbep map be, tobom p?intipattp o? incibentallp map concetn in anp
manner tbe ampltobtoent b?petfo?mancf of tbat tobicb i^containeb in tbM patent, tbatp?efentlp fo foon asS tbep
^ball be bp hertue tbetcof tequiteb, o? tbe Copp tbeteof J>igneb bp a .©otatp publiclt, tbat tfjete be tbeteunto gibeit
a^mucbfattb, a^untotbe^Pciginal: anb tbat ebetp one in tbe place tobete it^ball concetn fjini bo obfctbe, anb
accompli^b' anb caufetbe fame to be obfetbeb, accompli^beb. anbececuteb, in anb fo? all tljing^ tbetein i^
containeb,. anb tbep ^balf not in afl no? in part put upon pan ann impebiment.^, no? ann otbet bifficuttie^ o? bonbt^,
nojbctaftptbingagain(ltbeteno?anbfo?mtbeteof, noiconfento? gibe toap tbat it be intetp?etcb, limiteb o? fitf^
pcnbeb in all oe in part, o|tbattotbeconttatpbegibenannSedidas, pjqbifion.S, o? otbet bifpatcbe^; but fo? ob-
fcrbation tbeteof, in tbe pface tobicb ^ball concetn ebetn one, tbep^!ja!lgibeo?bec, anb o?bamtobelibetuntapau
tjafe tobicb .^ba'J be ueceffatp; anb fo? mate fitmnef^ anb balibitp'of tbe fabout anb g?ace tobicb bp tbi^ our ga^
tent toe bo g?ant pan, anb tbat at all tinie^ tbi^ fabout man be certain anb fute unto poit, pon ate to fteep o? babe
aSInbgeConfetbko?inAiidalufia, efpeciaI{pintbe.faiSCitie.^of sivil, Malaga, Cadix, anb 5t. Lucar dcBaramc-
ti', unto tojam toe ate to gibe fufFicientCarhmiffionfo?fteeping anb accoinpli^bing tbe faib ^?ibileDge^, ©bet"
tie.siaub€,temption.^, tobo^ballconfttainanbeompellall anb tobatfoebet petfon^. oftobat fo?t o? qualitp tbep
map be tbat ^bancoucetn tbe faib jSation, aStoelltbofetobicb^ballbe ^efenbant^ accufeb, ^ tbofe tobicb ^ball
fej^iaintiffo; altbougbtbepetfonStojicbSbaflaccufetbem, anb tobicb ^fjallbe accufeb'bn tbem, babepribate
Slnbges, di toefl bn confent a^a'geeeinent tobicb tbep man Ijabe mabebpp|ccminencco?p?ibilebgeto'bicbtbepbolb,
totbeenbtfjefaibSJubge Canrecbato?manoaelptal»eftnotoIebge p?ibatelp of tbe faib Coutt.BS. anb not anp otber
^atije a? Ccibunal, altbongb it be on toau ofetcef^ o? notorious 3?a|lice, o? in ann otbet matter o? fo?m; tobicb
Slllb'je Confetbato? i^ noto ® acta? Don Franclfco de Vergara, SJubgC of Oltt CoUtt de les Grados, of tbe Cltp Of Sivil
t^e time tbat be ^bail affijf tbetein, anb in bl^ abfencetbe S.icentiate Don Franclfco de Moirano, Slnbge of tbefame
Jianrt, tobofonbefuit^tojicb^ballbecommcncebintbefaibCitie.^ of Cadiz, Malaga, & St. Lucar, ytofnbbe'
legate bi:o Canfetbatoj.sfbip > iu "tbcpctfan tobicb bp tbe f aib .4®ation &e pjopounbeb o? nameb, tbat be map effect,
tfie
^ 6 Fraud and Opprcfllon dctcdcd and arraigned.
fame to tjc tontIu|ion, mit> tJicji ^Ijall &e tefcnrcb unto j^im to be betmnintb: anb of tgat totjfclj fjt betenr.^
Uppeal to be mabe to our Conntil, anb not to anp ottjer Court.
ainb fbraftnucb our taifl . tfjat eberp one in {)i^ time ^(jal! fjabc pjimitibe Commiffion, anb ^Jurifbietion tt
j»2otect anb be^ib pou concerning ail tije content^ of ibi.€ our patent, tijat all tJjc fame map be ftept anb accompli^^el
in tfje fojm In^icb toe bo offer tf)e fame unto pou, toe babe founb goob to cijarge, bp tljefe pjcfents! toe bo cbatji
tbemtojtbtbcpzotectionanbjbef^nte hereof; anb toe bo commanb tljem to fee o?perufcti)i| one patent. anb§
qualities, conbition^, p?e-emincncie^, anb amplification^ therein containeb. anbtocaufe allthefametobebqit,
acconipfebeb anb eremteb, in fucljfoim anb manner, anb accojbing a.^ therein i^ contalneb anb beclareb, toitljoit
confentiiigo^ gibing toap, tftatinall^ o| in part there be mabe unto pou anpboubtojbifficnitp, anb befbrethefaj
Doa I'l-ancifco dc Vergara, oj itt h¥ abfence before the faib Francis de Modrano (anb not before anp other 5I[ ubge) pj
faatelp in the ftrffinftance. aretopaf^;, anbbefollotoeballthe caufeS anb fuit^v tohich concerning the pjemiffc^,
D| anp th :ng oj part thereofsShaU be mobeb anb caufeb, anb the ejcecution anb puui^mtat of thofe tohich ^hall«»
be obedient; ^|ourtoiHi€, that the bnotolebge anb betermination of all the content^ in our J^atent, i^ inal
thingd phlJ^tclp' to concern, anb ^hall concern them; pjoceebing in all thing:^ againff tho|e tohich ^hall be cuipal,
anb erecucing fo^ the fame the penaltie.^, tohich arc mentioneb bp lato, referbing a^ toe bo refcrbe, that e^ellationi
tohith.^hollbeputinupontheiract^aubfcntence#, to ourCouncil, anb not anp other Court, toithoutthataip
nfothcc our Councils, tribunals. Courts, Chanceries, oj anp other SfubgeS o| StufficeS of our iSealmSit
^ominion^, oftohatfoeberqnalitpthepbe, mapmebbie, ojShalmebblcSheretoith. oj in the life 0| etetcife
the "Slnrifbictlon pjibatibe in the faib firff inffance, tohich bp thiS our patent toe bo giant unto them. bp toap of »
ccfs, appellation, oj anp other rccourfeo? manner; thetohichanbcberp ofthem, toe bo inhibit anb holb fh? ii'
bitcb, thefmotolcbgethereof, anbbobedarethemfajintompetentSInbgcSthereof: foitohicfjanbeberpthing,i
part thereof, toe bo gibe them the mofffufpcientpotoer, anb moff ample Commiffiou, tohich acco|bing to 5tali
is reqnircb anb neceffarp, toith the incibenteS anb b^enbencieS, anneritieS; anb affer them the faib EngUfti Nation
ofthefaibCitpofSivil, mapnameiuthefaibCommifltononcofthe ^hbgeS of ^c faib Sllubience, tohich th® fnil
4&ation Shah chufe: anb toe bo commanb the 5^|efibent, anb thofe of our Council of the Chamber, tfia
Picfcntlng before them their nomination (the cafe hsh'P'Jning) to mabe boib the faib Commiffion
bp promotion OJ bocation of the faib Don Francifco de Vergcra , anb Don Francis de Modrano, 0| tO
bifpatchit, in anp other manner, bp <©^binarp, to hi"* that ^all be therein nominateb , in thefbim®
tombing, anb aSbn'thiS one patent iS beclareb. 31inb that it map be the better accompIlShcb' toe bo from thiS tii»
gibe^cmpotoaanbauthoritp, that^epmap ^iifabelegate, anb thep Shall ^ubbelcgatc thlS Commiffion, fb]
the buffnefs anb ^nltS toijich Shall be offcreb in the faib CiticS of Cadiz, Malaga, anb St. Lucar dc Beramcda, in ^
perfon tohich bp poH Shall bepiopounbeb unto them, that thep map fnb|Ianttate tfjem fo| a conclufion, anb remil
the^uitSanbCanfcSuntothemtobcbetennineb, in fuch manner aS then Shall finb goob anb conbcnicnt, fbi th
fccuritp of that tohich iS containeb in thiS "at patent. Stub toe bo charge the moff erccKcnt gjince , Don Balthafar di
Charles, oiir moff bear anb moff belobeb ^on, anb bo commanb the infants. Prelates, Dukes, Marqueffes
Earls, Riehmcn, Commanders, and under Commanders, Governours of Caftcls, ftrong Houfes, and Plaim,
and thofe of our Council , Prefidcnts , and Judges of our Courts , Alcaydes , and Oificiers of our Houfe,
Courtand Chanceries, and all the Corrigidors, Affiftams , Gouvernors , Alcaldes, Majors, and Ordinaries,
and whatfbever Judges and Tuftices of thefe our Realms and Dominions, to obferve and accomplilh , am
caufe to be obferved and accomplifhed, this our Patent, and the favour or Grace which thereby we do grant
you, and againft the tenor and form thereof, not to do orpafs, now, nor at any time, in any manner perpetuail;
for evermore; to confent o| gibe toap to be limiteb 0| fufpenbeb unto pou all 0| part thereof, nottoittlanbini
tohatfoebeclEatoSo|,Statutesofthefe our fSealmS anb ^ominiouS, <©|buianceS> Stile, ^fe, o| Cuflomn
thefaibCitieSofsivil, Cadiz", Malaga, o|St. Lucar, oianpothcrthuigtohichlS 01 map be to the coutrarp; t|
tohich fo| this time, foifomuchaSconcemcththiSmatta, holbing the fame here fojinferteb anb incojporatcb, at
ittoereto3|bfa|too|bbj;'itten, toebo bifpence, abrogate, berogatc, eaucet. annihilate, onb mabe boib anb o
none effect, reinafmng in full fb|ce anb effect fo| alt other things hencefo|toarb, Ulnb fo| thiS our f»ateut , Jeronimo
deCanence, 3llubito| of eBccomutS. inour cljief <©fffce of IccomptS, anbourSrrretarp of the Medi.tenate Sh^I
*Maraveci- " toi*®0"i^opp, attohofeChargebitheaccomptaiibreafoti oftljiSright, Stnbtoebobcclarc. tfjatfiJithiSfabourpoii
Spanishcorae" hobcpaibthebUtpOftheMediaenatc, tohicJj mBOUntCtfjtO thirty and five thoiifand one hundred fifty and five *Mara'
whereof 31 ' vediz in S 'toer: tohich fnmme pou are topapfrom fiftcento fifteen pearSpei^etuafip, anb in cafe thep boacconf
film contains bcac hiS chargcS > tohich fjr Shall enjop fo? ijiS iabotir o| pains in the' faib biiilnefs before pou Shall rnjop thereof,
s °erh°nff tohichiSto appear bp liTertiffcate of the <©fficcof thiS ii^utp. <i5iben in saragofa, the nineteenth bap afxMardi,
thercabowl Anno 1645.
Three feled Articles taken out of the Treaty
of Peace and Common Alliance between Charles the Second, King o(
Great 'Britain , and the States Generall Concluded at London theFebruary,
16^7^ with the Preamble and deputations to the Commiflioners of both
parties taken from the Originalls in Latin and French.
Uandoquidem, ut cxtingueretur fiineftum illud bellum, quod inter ScrenifllmumacPotentifli-
raumPrincipem, Dominum, Crfro/H»w Secundum, Magna: Britanni®, Franci® & Hiberni® Re-
gem, fideiDefeiifbrem, See. 5c CellosacPr®potentesDom; OrdinesGcnerales Fcederati Belgii;
nuper exortum, ctiamnumflagrat, nonfblumtotiusfercChriftiani Orbis fufpiria effligitavcrint,
fed pixecipue Sereniffima Dom: Regina Regens Hifpani®, ex intuitu antiqu® illlus neceflitudinis &
Amiciti®, qn® inter Coronas Britannicam 5c Hifpanicain fcmper intcrceffit, eo operam fuam cu-
, ramque adhibuit ut diffidiis omnibus inter Regnuin Magn® Britanni® 6c Fcederati Belgii Provincias,
prorujsfiiblatis. Pax quantocius reftitueretur; Quumquc Pr®didi Ordines Generales Fcederati
Belgii fupra nominatiim Sereniflimum Dojn'num Magn® Britaivii* Rcgcm turn per Litcras fuas
quai
Fraud and Opprefllon defected and arraigned.
S7
(juamper nuncia repefita fleftere conati fint, ut conditionibusPacisauremaninmmqueaccommoctarcvclictj Atque ut
Padfiaa negotiatio fiicilius feliciurque ad bptaturn exitum perducerettir IlluftrilUmo ac Excellentiffimo Domino Vetro Per-
iitndc\de louar S^ Vchfco Mitrchiont dePrefne, Majeftati fux Catholicsea Cubiculis intimis, Et 5crcni(Emi ac Potcn-
tidimi Priiicipis Domini Qfo/i Secuaii Hifpxniarim, See. Regis apud euiidem Sereniffiinum Dominum Magna: Britan-
nis, &c.Rcg;tn legato extraordinarioplcnampoteftatemdederint, ut coram nomine, atqiie ex eomm parte pacein
proiis, cum pracfato Sereniffimo Domino Magna Britannia Rege traftaret & concluderet, toties memoratus Sere-
nidimus Doniinus Britannia Rex, qui lion nififirmiacduratuKcPaciscaufii hoc bcllum primo fuicepit, inter-
pofitioncm fupradidba: Sereniffimae Dominae Regina Regcntis Hifpania tanti fecit ut defideriis praememoratorum Ordi-
mm Generalimn in hac parte libentcraccederevoluerit, adeoquc ac Pacis Traftatura inter Majeftatem fuam diftofquc
Ordincs Generalesineundum conficiendumquc DeputatosCommidarios ScProcuratores fuos plena poteftate Munitos no-
minavit&conftituitperquamfidclem & prxdileftiim Confiliarium flium intimum Baronem Pinch dc Da-
veiitrii, Magni Anglix Sigilli cuftodem, pcrquam fideles Jc prxdileftos confanguineos 5c Confiliarios fuos Intimos Tho-
iitw Vice-Comitetn ClitiMier , fummum Anglix Theraurarium, lacobmn Ducein de Equeftris Turmx pro
ciiftodia Majeftatis fux Capitaneum, lacoium Ducem Orntondia, Hofpitii Regii Senelchallum, Henricum Coiiiitcn*
(lc.^rfi»^to«primariorum Majcftatisfux Secretariorumunum, 6c perquimfidelem 5c prxdileftum Coniiliarium fuum
intiiinim Henricum Coventrii Armigerum , Primariorum Sccretariorum alterum j qui quidem Commiflarii acDeputati
cum Prxfato Domino Marchione de Ere/ao parcma prxdictisOrdinibus Generalibus Foedcrati Belgii Poteftatem habentc
congrcrti 5c collocuti in hxc dcmum pacta capitulaque Tra£latus 6c lubfequentcs Articulos concordibus animis mutub con-
fenierunt conveneruntque.
VII.
Chiod Traftatus Breda conclufus Anno Domini 1667. ficut etiam omnes alii prxcedentes Traftatiis per illiirri Traftatum
connrmati rcnovcntur, 8c maneant in plena vi ac vigore, in quantum prxfenti Traftatui nullatcnus contradicunt.
VIIL
QuodTra£tatus Marinus inter partes utrafque Anno Domini i66t. conclufus continuetur pro fjia-
tio novcm menfium , poll hujus prxfentis Traftatus publicationem , nill petj fubfequeiitem Traftatum aliter
provifum fiicrit, intereaautcmutconliderationovifliperhacre Traftatus ad eofdem Commiilarios rcferatur, ad quos
commercium per Indias Orientates in Articulo proximc fequenti refcretur, QuoT fi tales Commidarii intra trcs menfes
poft priimim congreflum llmm in novum Tra'datum 3vrarinum ex voto non confenferint, tunc res ilia quoque ad Arbitrium
acdifpofitionem SerenifOmx Vom. Regina Regentis Hifpania referctur, eodcm plane modo, quo Commercii Orienta-
lis rcgulatio ad Majejlatis fux arbitrationcm in iifto Articulo proxime fequenti refcretur.
ix.
Eo quod a mutua 8c non turbata commercii ac navigationis libertate non folum opulcntia, fed pax etiam utriufquc na-
tionisuimmopercpcndet, nihil magis curx eflc debet utrique parti, quam jufta 8c xqua commercii rcgulatio, 5c prxci-
pue inlMdiij Orientalibas, 5ctamenquiares cfl:maximimomenti5cmultumtetnporisrequirecutfirmi ac duraturi Arti-
culi ad (atisfaftionem 6c fecuritatem fubditorum utriufquc Partis cbnScianturj Cum tamen languens 8c poene intermo-
riensplerarumqucEuropx redonura conditio non minus quam duarum partium in hoc bello implicatarum ad prope-
nmhujiisTraftatusconclufionemanhelet, fupramemoratus Scrcniffimus Vominus Magna Brittannia Rex votis 6cde'(i-
deriis pi-xdidlorum Ordinum Generalium accedere dignatur, ut ejufdem confideratio xquali numero CommifTariorum
abutraquepartenominandorumrcferatur, eifdem Ordinibus GeucM/ite fpondentibus , ut illi, quos ipfi nominavc-
smc Londinum mittantiiradtraftandumcumiliisquosMajeftasfua paritera partefua deputaverit, idque intra
fetium trium menfium poft hujus Traftatus Publicationem ; Numerus item Commiflariorum utrimque nominandorum
lex erit perfbnarum; fin autem poft tres menfes quam congrelllfuerinteorumconatus non tarn feliciter fucceflerint, ut
Traftatusinde concliidatur, capita inter eoscontroverfa ad arbitrationcm 5ereniflimx Domina Regina Regentis Hifpa-
wiereferemur: qiix undecim Commiilarios nominabit j Etquodcanquemajor eorum parsdetcrminaverit in differentiis
non prius compofitis id utramque partemobligabit, provifo femper quod judicium fuum declarent intra fpatium fex men-
fiumadieqiioprimumcongredientur, quod etiam intra fpatium erit trium menfium poftquam Serenisfima Vomina Rf-
gina Regens Hifpania prxdiftum arbitrium in fe fufceperit.
Aftum Weflmonaferii die Februarii, Anno Domini millefimo fexcentefimo feptuagefimo tcrtio - quarto.
Signatum 8cSigillumerat,
(L-S.*) H.FinchC.S.
(L;S.-) Ldtimer.
(L:S:) Ormonde
(L;S;) Arlington,
(L:S:) H.Coyentry.
o:// Marquis elFrefno.
{US)
Sequitur tenor Commiffionis feu plen^ pote-
ftatis a parte Sereniffimi Domini Magnse Britannise Regis datae.
AROLtTS Secundus Vet gratia Magnx Britannix> Francix 5c Hibcrnix Rex, Pidei Veftrl-
1 for, cc. Omnihtts frngulis ad quos prefentes litera pervenerint, Sdlutetn. duandoquidem Jlluflrifitntts
C Excellentipimus Vomintu Tetrus Pe rnandei^ de louar Cf Velafco, Marchio de Prefno, Majefati fua Ca-
tholica a Cubiculis intimis. Of Serenifimi ac Botentifimi Vrincipis Domini Caroli Secuhdi, Hifpania Regis
^apud ticsLegatusExtraordinarius jam ameaperMemoriate Hobis lo.die Decembris nuperelapftexhibitum
V cixpofuit quantum Serenifima Vomina Regina Regens Hifpania defidiraverit, ut Tax inter Hos CSf Celfos
q acTrapotentos Vominos Ordines Generates Farderati Belgii refiitueretur, in eoque Metnorali cert as quaf-
■j demconditionespradiciornm Ordinum Generalium nomine pro Tace cum iis reflauranda Nobis obtulit:
Cumque deinceps per liter as c mncia reiterata diHorum Ordinum Generalium ad Nos tnijfa melUxermtos
Jp £M
^8 Fraud and Oppreffions deteiStcd and arraigned.
EispenjKOmobnixicupm, utdifiidiainterHosatquecos fKborta compondntuf, Cf inimkiiiis cenfopilis, amis iepoptis»
Face redintegtatapriftina quant fupra-nominati Ordincs Gcnerales Nobifcum toluerunt amkitia c bona conefpondentia remvt.
tur: Etcumtidem Domino MaYchionideVreCnoplenam ex eorttmparte[uperpieediBa Face reflabilknda Flobijcum traSandi c
eoncludendi Potefiatem jam noFifiim^ dederuntprout ex Commifiione five mandato fpeciali ea de re diBis Dominis Ordinibus G(.
ncralibusfr.e/t<o Domino UdrAioni de Frefno conceffo , data Hass-Comitis luodecmo die Februariinunc inftantis juxta fiyln
novum apparet ; Nos quidem qiiibuS nihil magis cordi fuit etiam m initio hujus Belli quam ut Vopuli utriufque Nationis bent^
do Pacts CF" Commercii libertatefecuri CF- aqu^fiuerenturpro fummo quo fupra nominatam Serenifimam Dominam Regina®
Regeiitem Hifpanic honoreprofequintur, bancpradiBi Domini Marchionis de Frefno interpofitionem ex animo amplexamur 9
fropofitionibm db illo profeBuris obviam libenter imus. Sciatis igitur quod Nos fpeBatifiimd per quam fidelis CP' pradileBi Co«.
filiarii tPofiri intimi Ficncgaiij Baronis Finch de Daventrii Magni Noflri Angliae Sigilli Cufiodis, perquam fidelium C praii
leBorumConfanguineorumcr'ConfiliariorumNoftrorumintimorumThotnx FtceComilis Latimer ftimmi Angliae Thefauran,
JacobiDw/rdeMonmouth, FquejlrtsTurmapro Cufiodia FfoftraCapkanei, Jacobi D kcj's Ormondiae, Hofpitii ElojiriSett,
fchain, Henrid Cowi«fde Arlington, Primariorum Secretariorum Nofirorum unius, <p' perquam Fidelis ey PradileBi Con
filiarii Noftri intimi , Flenrici Coventry, ^rmigeri Primariorum Secretariorum tJofirorum alterm, fide, prudentia, inik
jiria ey integritateplurimumconfifi, Eofdem fecimius,OrdinavimmO'Deputavimmacperpriefemes facimus, Ordinamttto
Deputamus veros cy indubitatos Commiffkrios, Deputatos ey Procuratores Floflros i Dantes zy concedentes iifdem omnilt
five quibufvis quatuor velpluribus eorumplenam zy omnimodam Poteflatem zy authoritatem pariter zy Mandatum generale«
fpeciale cum Prafato Marchione de Frefno ad hoc fufiicientem Poteflatem habente de zy fuper Pace ac Priflina amkitia inter Ni
zy pradiBos Ordines Gnerales reflauranda renovandaque, nec non de zy fuper Commercii zsu Navigatiouis libertate flabilietilt
utiliflmis zy maximi convenientibus ^rticulis zy Conditionibus comtnunicandi, traBandi, conveniendi, zy eoncludendi, u
teraque omnia faciendi qua ad prediBos fines faciant zy conducant ■, atque fuper iis ^riiculos, Literas zy Inflrumenta necefit
rid conficiendi, zy a memorato Domino Marchione dzFteCno petendi cy recipiendi; Denique omnia ea qua ad pramiffa tj
tircaeademeruntneceffaria zy opportunaexpediendi i Premittentes bona fide cy in verbo-Regio Pios omnia zy fingula qua inn
diBos Noflros Procuratores, Deputatosac Commiffkrios auteorum quatuor vel plures atque pranominatum Dominum Marchk
nem de Frefno inpramiflis faBa, paBa zy conclufa erunt, rata grata zy firma omni meliori modo habituros nec contra ipform
aliquid aut aliqua contraventuros, quinpotius quicquid nomine Pfoflropromiffum fuerit fanBb zy inviolabiliter obfervaturos 9
ebfervaricuraturos. In cujus rei majorem fidem zy teflimoniumhafce literas manuNofiro propria Signatos Magna PZoflro
gila Sigillo communiriJtcimus. Qua dabantur in Palatio Noflro de Whitehal quinto die Februarii Unno Domini millefimo fexcet
tefimo feptuagefimo tertio fzcundum flylum Anglicanutn, Regnique Hoflri vicefimo fexto.
Signatum erat,
CAROLUS R.
Tenor Plense poteftatis a parte Dominoruni
Ordinum Generaliumdatae.
LE s Eftats Gcneraux des Provinces tJnies des Pays-Bas 5 A tout ecu* qui ces prefentes lettrcs vcrront, Salut
Commc ainfl foit que pour fortir de la funefte guerre dont prelque toute la Chreftiente le trouve affligee 8
quiacommiscetEftatavecfaMajefte de la Grande Bretagne, Nous avonscru devoir profiter des foinsqii
la Reine Regente d'Ejpagne, a bicn voulu prendre pour fairerenoverentre fa Ma jefte 5c cet Eftat cetteai
ciennc amitie qui a efte u avantageufe al'un 5c a I'autre. 11 a plu a la Majefte d'employer pour cela Monfia
Don Pedro Fernande:^ de louar zy Velafco, Marquis del Frefno, Gcntilhomme de la Majefle Catholiqiih
& fon Ambafladeur Extraordinaire au Rqji de la Grande Bretagne, lequclyafait de fi bons offices 5c y a agy avec taj
dedexteritc5cdeconduitte, que nousavonsfujetdc nouspromettreuntresheureuxliicccsde la fuitte oe fa ncgociation
fur tout 11 Ibn Excellence vcutbien prendre la peine dejoindreaux offices de mediation qu'il a employes julquesicy, ccai
quireftentencoreafairedenoftrepartScennoftrenom; Etd'autant que Nous nepouvonspasdoubter qu'elle ne velil
volontierscontribuertoutcequidependrad'elleaprOcurerunfigrandbienqueccluyde la Paix, 6c de Ibn repos, non
avonsbien voulu requerirleditSieur Marquis de/fre/Bo 5cenraelmetempsrauthoriler; Ainfi que nous le requeronsJ
authorilbns par les prefentes; luydonnantspleinPouvoirSc authorite fpecial de conferer, negocier 8c traitter avec fi
diteMajefte le Roy de la Grande Bretagne, fesMiniftres, DeputczouCommiflaires une bonne Paix aux conditions Is
plus utiles 5c les plus avantageules que faire fe pourra, d'en convenir, les refoudrc, arrefter, conclurre 8c llgner, 8c d'c
pafler les Aftes 5cInftrumentsneceflairesen bonne 5cdeue forme, 5c de faire gencralement tout ce que nous pourrion
iatre fi nous y eftions prefens, quand mefme pour cela il feroit befoin de Pouvoir ou de Mandement plus fpecial, Promct'
tans fincereinent 8c de bonne foy, d'avoirpour agreable ferme 5t liable tout ce que par le dit Sieur Marquis aura efte ainl
fait, negotic, promis, accorde, arrefte 8c figne; Comme ayant pour cet effeftplein Pouvoir de nous, 8cdcl'obfa
vcr, accomplir 8c executes inviolablcment en tous fes poinfts, fans jamais aller au contraire direftement ny indireftemca
enquelquefaqonoumaniercquecefoit, de I'aggreer, I'approuver 5c de le ratifier en la meilleure forme que faire 1
pourra; 5c dans le temps qui feraexprimc parleTraittc, nousenferons expediernoslettresd'approbationd'aggre'emff
8c de ratification fans en fiiirc faute. Donne a la Haye en Noftre Aflemblee fous Noftre Grand Sceau, Paraphc du Pret'
dent 5c Signamredel'undenosGreffiersledouzieme jourdeFeurier de I'An inil fix lent foixante quatorze. Paraphc,
Gafp, Fagel. vt. Plus bas, Par Ordonnance dcfdits Seigneurs Eftats Generaux.
Signe,
H. F A G E L.
Theft
Slf Wanufai
^oftis i)
la renovt.
txndi c
libusGi
■tafiylm
is bemfi
Reginan
<amur ©
leBi Coj.
V pr<eii
tfmrmt,
ojlri Sm
ieili Cot
a, i»d^
namufo
I o»j»(S|
•Kerale t
inter Noi
}abilieiii
lends, <1
■a necel
miffit till
qti^e ma
Mar chit
a ipfom
at most}
tflro ^1
no /exiit
'UIT
, Salut,
ffligee
foinsq#
cctteaB
VIonfiei
tholiqu
ivec m
odation
icj', ccul
iC veiiii
)s, HOIS
aeronsS
avec fi
itions k
•ourrioi
Promet
:ftc aint
; I'obfa
ftemcB,
: faire li
jreemce
du Pfcli'
'araphc,
Fraud and Oppreffion dctcfted and arraigned. 5 ^
Six feled: Articles of the Treaty-Marine con-
eluded in the year i <j74. between Charles the Second, King of Great 'Britain^
and the States Generally with the Preamble thereunto, to be obferved in all
parts ofthe '^orld by Land, Sea and Fresh waters.
Here as by theTreatte Concluded at Wefiminfter, the 9 ofFebr. 1674.
betireenthelUuJlriousandmojl mighiie King, C\\nt\cs the Second,
by the Grace of God, King of GTeatBtixain, France, and Ireland,
Defender of the Faith &c. And the High and cJMightie States Gene-
rail of the United T^therlands: it is agreed, by the Eighth, and
THineth Articles, That fix Commiftoners to be named on the part of
the faid lllujlfious King ofGtczt Britain, toith the like number on
the part of the Lords the States Gener all, to be fent to hondon, A
Treaty shouldbe made,and frhereas Thomas Lord Culpeper,George Downing Knight and
Baronet, Richard Ford, William Thompfbn/<:»/^/&«, ]ohn|ollif,4«dIohn Duckworth
Efquires, are to that End appointed, by the aforenamed Illujirious King of Great Britain,
Cks alfo that lohn Corver, and Gillis Jautin , Schepen, and Councellof the Citie of Am-
fterdam, J'amuel Seyct, 4WAndrewvati Voffcn , Councell and Recorder of the re-
jpeBive Cities o/Rotterdam, and Enckhuyfen, Pictet Duyvelaer, late Bargermajler of
Middelburgh, Michel Michelfon, Schepen and Councell of the Citte 0/Flushing,
Commiponers fent to London, on the part of the Lords States Generall, ha-ve had feyerall
meetings, arid debates touching that matter , haye finally by vertue of their full polners
[tothemrefpeStiyely giyen) in order to the aforefaid Articles unanimoufly Con fented, and
agreed on the following s^r tides of a Treatie of Marine, to be obferyed in all the fit-
wrall parts of the World, by Land, and by Sea.
Avtic. I.
T Hat it fhall and may be lawful!, for all and every the Subjedsofthe Moft Serene and Mighty Prince, the King of
Great BriwiM aforelaid, with all Freedom and Safety to Sail, Trade, and Exercife any manner ofTraffique, inail
thofe Kingdoms, Countreys, andEftates, which are, oratanytimehereafterfhallbeinPeace, Amity, or Ncu-
trality with His (aid Majefty i So that they fhall not be any ways hindred or molefted ir heir Navigation or Trade, by the
Military Forces, nor bythe Ships of War, or any other Hnd of Veifels wltatfoever, belonging either to the High and
Mighty Lords the Statet GeneralofthcUuitedNesherlands, orto their Subjefts, upon Occafion or Pretence ofanyHofli-
lity or Difference which now is, or fhall hereafter happen between the faid Lords the Stases General, and any Princes or
People whatfoever, in Peace, Amity, or Neutrality with His faid Ma jeffy: And likewife, that it fhall and may be law-
fill for all and every the Subjeftsofthe faid High and Mighty Lords the States General of the United Netherlands, with all
Freedom and Safety to Sail, Trade, and Exercife any manner of TrafKque in all thofe Kingdoms, Countreys, and
Eflates, which are, or at any time hereafter fhall be in Peace, Amity, orNeutrality with the aforefaid Lords the States;
So that they fhall not be any ways hindred or molefted in their Navigation or Trade, by the AMilitary Forces, nor by the
Ships of War, or any other kind of Vcffels whatfoever, belonging either to the Moft Serene and Mighty King above men-
tioned, ortoHisSufsjefts, upon Occafion or Pretence ofanyHouility or Difference, which now is, or fhall hereafter
happen between His faid Majefty, and any Princes or People whatfoever, in Peace, Amity, orNeutrality with the faid
Lords the States.
II.
Nor lhall this Freedom of Navigation and Commerce be Infringed, byOccaflonorCaufeofaiiy War, inanykind of
Merchandizes, but fhall Extend to all Commodities which fhall be carried in time of Peace; thofe onely Excepted which
follow in the next Article, and are Comprehended under the Name of Contraband.
HI.
UnderthisNameof Contraband or Prohibited Merchandizes, fhall be comprehended onely Arms, Pieces of Ordi-
nance; with all Implements belonging to them. Fire-balls, Powder, Match, Bullets, Pikes, Swords, Lances,
Spears, Halberds,. Guns, Mortar-pieces, Petards, Granadocs, Mufquet-refls , Bandeliers , Salt-pctrc, Mufquets,
Mufquet-fhot, Helmets, Corflets,Breaftplates, Coats of Mail, and the like kind of Armature, Soldiers, Horfes, and
all things neceflary for the Furniture of Horfes, Holflers, Belts, and all other W arlike Inflruments whatfoever.
pv.
Thefe Merchandizes following fhall not bereckonedamongProhibitedGoods, vic{, all kind of Cloth; and all other
Manufaftures Woven of any kind of Wooll, Flax, Silk, Cotton, or any other Material; all forts of clothing and
Vcftmcnts
6o Fraud and Opprcffion detcded and arraigned.
Vcftmetits, to^'-thcr with the Materials whereoftheyufe to be made; Gold and Silver, as well Coyned asnotCoyncd,
Tin, Iron> Lead, Copper, andColes; asalfo Wheat, Bailey, andallotherkindofCornorPulfe; Tobacco, and
all kind of Spices, Salted and Smoked Flelh, Salted and Dried Fifh, Butter and Checfe, Beer, Oyls, Wines, Sugars,
and all fort of Salt; and in general, all Provifion which ferves for the Nourilliment and Suftenancc of Life; likewile all
kind of Cotton, Heriip, Flax and Pitch; and Ropes. Sails and Anchors ; alfo Mad and,Planks, Boards and Beams of
what fort of Wood foever, and all other Materials rcquifite for the Building or Repairing Ships, but they (hall be wholly
reputed amongfl; Free Goods, even as all other Wares and Commodities which arc not comprehended in the next prece-
dent Aiticle; lio that the fame may be freely Tranfported and Carried by the Subjeifts of His faid Majefty, even unto Places
in Enmity with the faid States; as alfo on the other fide, by the Subjefts of the fliid States to Places under the Obedience
of the Enemis of His faid Majefty ; Except onely Towns or Places Beficged, Environed, or invefted, in French Bloquies
on invefiies*
V.
And that all manner of Differences and Contentions on both fides by Sea and Land, may from henceforth Ceafe, and
be utterly Extinguifhed, ItisAgreed, That all kind of Ships and Vellels whatfoever, belonging to the Subjeftsof His
fiiid Majefty, entring, or being entred into any Road or Port under the Obedience ofthe Lords the States, and purpofing
to pafs from thence, ihall be oiiely obliged to fhew unto the Officers ading in the Ports of tire faid States, or to the Captains
ofth: States Ships; or of PrivateMenof War (if any happen there to be) their Pafsport, commonly called a Sea-brief
(theFormwhercofisaddedattheendofthefeArticles;) nor fhall any money, or any thing elfe, be exafted fiomthem
under that Pretence; But if any Ship belonging to the Subjefts of His Majefty of Great Britain, fhall in the open Sea, or
clfewhere, out of the Dominions of the faid States, meetthe ShipsofWarofthefaid Lordsthe States, or Private Men
ofWaroftheirSubjeds, the faid Ships ofthe Lords the States, orof theirSubjeffs, fhallkeepata convenient diftancc,
and onely fend out their Boat, and it fhall be lawful for them onely with two or three Men, to go on Board the Ships and
Veflels ofthe Subjefts of His Majefty, that the Pafsport (or Sea-brief) ofthe Propriety thereof according totheForm
hereafter (pecified, may be fhewn to them by the Captain or Matter offuch Ship or Veflel belonging to the Subjefts of His
Majefty; and the Ship which fhall fhewthe fame, fhall freely pafs, and itfliallnot belawful to Moleft, Search, Detain,
or Divert the fame from her intended Voyage: And all the Subjects ofthe Lords the States fnall enjoy in all things, the
fiime Liberty and Immunity, they in like manner fhewing their Pafsport (or Sea-brief) made according to the Form pre
fcribed at the latter end of this Treaty.
XII.
And whenfbcver the Ambafladors ofthe faid Lords the States, or any other their Publick Minifters, Refident at tht
Court of His Moft Serene Majefty of GfMtBr/Vitiw, fhall complain ofthe unjuftnefs of Sentences which have been given,
His Majefty will caufc the fame to be Reviewed and Examined in His that it may appear whether the Orders and
Pratcautionsprefcribed in this Treaty, have been Obferved, ai/d have had their due Effeft, and will alfo take care that
the fa me be fully provided for, andfthat Right be done to the Party complaining, within the fpace of three Moneths; And
likewife when the Embafladors, or other Publick Minifters of His Majefty, Refident with the States General, fhall coiH'
plain ofthe unjuftnefs of Sentences, the faid States will caufe a'Reviewaitd Exaiuinarion thereof to be made in the
ofthe States General, that it may appear whether the Orders and Precautions prefcribed in this Treaty have been Obferv-
ed, and have had their due EfFe£t, and they will likewife take care that the fame be fully provided for, and that Right bt
done to the Party complaining, within the fpace of three moneths: Ncverthelefs, it fhall not any ways be lawful to ""
orfJnladetheGoodsinControverfie, cither before the Sentence given, or after it, during the Review thereof,
cither fide, unlefs it be with the Confent ofthe Parties Intereflcd.
IN Tejlimony and Confirmation of all and fingnlar the Vrtmifes, We the Commifiioners of His Majefly, and the Lords tk
States General aforefaid, being frfiiciently Imponie/d theaemto, have to theje frefents Sub fcribed Our Names, andSeah
themwith our Seals, London; the Firfi day of December , 1674.
(L. S.) Tho. Culpeper.
(L.S) G. Downing.
(L .S.) Richard Ford.
(L.S. Will. Thomron.
(L.S.) johnjollife,
(L.S.) john Buckworth.
(L.S.) I. Corver.
(L.S.) G.Sautyn.
(L.S.) J'anauel Beyer.
(L.S.) And. van Voffen.
(L.S.) P. Diivclaer.
(L.S.j M. Michielfon.
SOveraign Princes cannot fludy greater mprovemtHts fir their SubjeBs, than to provide good Rules and ContraBs,inPublk
Treaties, fir the freedom and fecurity of their Navigation andCommerce. But when Englishmen shall tnillingly let ^
thofe benefits and advantages (through their own defaults) which are made Nationall rights by fuch Treaties, they
not onely negleBtheir own pr^t, but flight their King and Countrey that are able to proteB them.
There are other things to be obferved in thefe feleB ..Articles of the feverall Treaties relating to trade and Traffique which it
left fir the prefent unto the mofi ferious confiderations of the Reader, untill I come to the third part of my difcourfe concernin
the further improvement o/Navigation and the Englilh Manufaiftures: I shall onely add this ; T hat after King James in the yet
1616. quitted the twoEn^Yifh Garifons at Flufhing Rammekins, tie Hollanders and Zealandersiegn» <0 flraightendi
Wheelings, and fit a watch upon that famous Navigable River the ScbAd, (that God and nature had made free) untill t
lafi the Hollanders built a Fort at 'L'A\o,andfince confiantly kept a man ofwarr in the River, to obftruB the freedom of all EngiiH
Ships in their paffage to Antwerp; Which plaee the States Generall might have taken, asaljo Gant by their forces at Land, It
it was not their buftnefs to take thofe Cities, but their trade, and to lejjen the Englifh Navigation (by improving their own)
whichisnowfettopenagain andmade freebythofeWoribfUaxriotsoftheirCovmiiythatwereComrnmioncrsfir the Kk!
e/Great Britain'tM the two lafi Treaties with thelioWundcrs in the yeare 1674. .although the Bargain was upon hard tei*
fOrelcaJ'earegulationoftradeintheEslilsodiesfiraTreMie-Minneand freedom to the Flemish ports which were in ComtnH
jufiice and Equity by the Bourgiindian Treaty and Spanifh treaties open to the Englifh before.
SOME
Fraud and Oppreffion dcte£led and arraigned. 61
Some further Speculations concerning the faid
Treaties, with feverallAnimadverfions thereupon.
jiialltfjeSJrtide^of tfjeBourgondian (Ccfatji tjjere no mmtion matieof tltilting
tlje jflags to tJje Kings regatD itVnag; fucg an Ancient right andCuftome aSficmit
to the Croton of England, that it ioa^ nccbkfg to ^.rjJrcf^ fiirij a Prerogative that bi^ ton^^
fcquencc toa^ iltiplpcb, hotocbrr the Hollanders maijc it a Moot point toithCromwril;
fChc States hailing refitftb to llnhe unto the icng Parliament tljcir iioiinge!; IS^cthef?. get
.ftEbcrthcIcf^itVoa^agiTEDinCromwclls itoatp , that the Hutch ^g>h¥^ of toart anb
dl5erchant?>hoiilt) nrihe to the Englift ,U3cn of loarr; infen-iiig from thence, that
thcp tocre to gtlie honor to tljc dilation, from the olD iS>ictate, guatuor Maria v indico. inD
the loojti^ in Cromwels ritTrcatii toere, that the states Generall anb tljeir Jmhjcct.^ ^honlo
ftrihe in fnch .JlUanner a^ tua^ nfcb in anp fo|mer tiinc<S lohatfoeber.
_ Sin the time of Qtieen Elirabeth,itihEn aiip One of her Majc{lics^man ,?>hip^ nttitu
cb at Rotterdam beating the ^tatibarb of England, all the Dutch ^h'P^flruch their jsiag.6" in the l§artioiiranb5Ictor«
cb tljcir . although there toajS no 3trtitlc to that pnrpofe in the iCreatp anb 3Ieague bcttoeeu tlje
(iueen aub the States ; bitt thofc aiicieut rights loere ohferbcb out of rcfjiett anb honour bne to tlje Croton of England fo|
Itccping the fea^ fr'ec fron#)orate,^ anb Kol)cr5S,luhcn theBourgundians hab not a man of toarr to reffrl them from bragi
ging alyajj the ^hh'?' out of their J)anb]ii anb bangcroit^ roab^anb llatbonr^, anb foj ^Ijeltring them in harb anb tem^
pefuon? ilBcatljer in habeiifi upon theEnglish <tioafri>. ®nt bccanfe the Hollanders lucre fa nnmannetlu anb fojgctfull in
late bapei of their btitp anb gratitnbe, thi^ follotoiug 2lrticle toa^ agreeb upon in the iCreatp tonclnbcb at Jtcubcn 9 of
.fcbruarp 1673. oldstik.
Prxdifti Ordincs Gcnerales Unitarum Provinciarum dcbite ex parte flia agnofcentcs jus Kipramemorati S.erenillimi Do-
mini Magna; Eritanniae Rcgisut vexillofuoin maribus infra norainandishonos habcatur, declarabunt & declarant, concorda-
bimt & concordant, quod quarcunque naves aut navigia ad Praefatas Unitas Provincias fpcftantia, live alite eaique vcl linnulx
V'cl in Claffibus conjunftaj.in ullis maribus aPromontorio Finistcrra; ditlo ufque ad medium punfttim terras van Sraten Jiclx
in Norvegia quibullibet navibus aut navigiis ad Sereniffimum Dom: Magnx Eritannix Rcgem fpectantibus obviam dederinr,
liveillxnaves lingulx lint, vcl in numero niajori li MajeftatisluxBritannicx apluftrum live vcxillum JACK appellatunx
gerant, prxdidlx Unitarum Provinciarum naves aut navigia vexilliim limm c mali vcrtice detrahcnt & fupremum velum
dimittent, codein mode parique honoris tcftimonio, quo ullounquam tempore aut in iillo loco antehac ulitatum fuit
verfus ullas Majeftatis fux Britannicx aut Antccellbrnm fuorum naves ab ullis Ordinum Gcncralium fuorumvc AntecclTbrum
navibus. Perr Peter Valckonier, inhis Hifloryof the warn of (ince the year 1600 printed <tf Ainfterdam, in
the year 1 67 p Sttjj it is an infolency in the English Nation to infifi upon the Flagg and Jack.
5!ti.5SacIinolnlcbgcbanbagreebbpalISlnigboni^anb dSation^ in Europe, that the King ofGrcat Britain t^ the niofr
atifoliueSoveraigninhisj^ominion^, inregarb hi^ gobcrnmcnt i€ not bibibeb bnanw fupjcmacp ofthePope. get
5! bo not friib that there i^ anji piobifion mabe in (STreatie,^ luith the Hniteb States of the Seven Provinces , that the
tlpbor ©ibine.^ of England fhall be jjcnnittcb to pjcach anb p?ap in the aEngli.sSh Congregation.^ in Holland accojbing to
thcrighh^ OBb Ceremonies of the Church of England j but on the contrarp, the English Congregations in Holland arc flips
plicb luith .Uon-confojniill^, toho site alfo boimbupbpthc||®agi|irate^tothcJ^xepbiferianj|to?msjanb ®actrtne,
luhich rcnbcr^ the King anb Ueberenb Cla-gic fo much bcfpifeb anb foigotten, a^ if there luf re no fnch thing a^a Church
ofEngland.
Inb the reflection f.dfo much the greater, inregarb the Roman Catholicks, Aejcws, Lutherans See. are allotoebto
life their pjoper Jf o^m.^ of iBoi^Jhip i" their Jipnagogue^ anb Churched at Amftcrdam, anb other Citic^ in Holland,
tben a.€ in England the ©ntch jKinifler.sS are not barrcb from their J&?cs?bUerf an fo?m^; being luithont anp pjohibition
of the Bishops in their refpcctibe '!©iocefe.^, luhcreiu the Dutch Congregation# bo affcmble (bfr.) at London, Norwich,
Colchefter, Sandwich &c. Jl^hcrcforc in 5f«!Hce. tCquitji anb J|ononr, the fame 35ight.^.^|ibilcbge.^ anb libcrtie#
' ought to be granteb to the Cngli.dh in the Hnited Provinces a# are gtben o| granteb to Dutchmen in England.
®ut if# objecteb bp the Horiandcrs, that the Dutchmen in London &c. C>o pap tljeir olun juainifier#, anb purcfrafe
tljcirotoiChnrclje#; anbonthcContrarp,the^tote.^bopap the Cngli ^h .tiUinijler# at Amfterdam luithallolnance
of Chnrchc.^ grati#, anb repair#, therefore both .HUinilter# anb people are fubject to their C)?bei#,anb p?ap fot the States
a.^ their XaVofull ^oberaign# before the King ofEngland, lu^om tljep bo rather hate then lobe. manp of them habing
inarrieb into Dutch jfamilie.^,lohofeinterettthepftnbp more then the loelfare of Great Britaign: anb pet canbefoim«
pubnit to e,rpectp?otcction from the King in time# oftronbletuhomthepboill nut obcp ui time# of peace.
Sit might be anftuercb, that if tlje King bib fenb able ©ibine# into Holland anb JlUaintain them out of the pnblith Sie^
benue of the Crolmi, it Inonlb anfluer the Coft# anb Charge# of the King anb Kingdom in manprcfpcct#, luhich might
be hifenfiblpraifcb out ofthc paper-bill hereafter p?opofeb to the Parliament: (SThen there toonlb be a bijiinction mabe
bcttoeeu jfrienb# anb oEnemie#, J>ubject# anb jJranger#, efpcciallp tohen all English men abtoab #honlb libe unber a re=
gulation both in K-eligion anb Commerce confb|mable to the lato# anb ftatntc# ofEngland, tuhofc Chilbren bom beponb
tlje fca# arc jfratnrallfreb bp act of Parliament in purfuance of their Kopall Charter to Merchants advet «urers.jljere9f can=
not omit the mentioning of one affront offereb to the Cnglisfj congregation in Middleburgh (that once Ijab a Churclj in
the Chief ftreet luhtn ^e .iffSerchant# abbentnrcr^ heto their Court in Zealand ) i©hcrc the .iBagiffrate# habe taftcn
half the It^onfe belonging to the ^biot^anb.j|iaabmenaubgibcnittotheCngli.^h>irongregation to afTemblein. anb
tonbertebthe olb4Engli#hChnrchto an 5|ofpitall.
Sit i# no bigreff'ion from the .lUatter of (Crabe to abb one ^^aragraph concerning the Sfnbicatnrc of Holland upon ci«
bil action# anbbiffercnce# of Mcum et nmm betluccn man anb man. luhcrcof there i# no pjobifion mabe fcj Crpcbition
in thcCafc# ofitranger#, a# i# pjactifeb in manp other nation#; (iChc toant luhereof hath occaftoncb bibcr,^ loffc# anb
oppteffton# to the ,§tlbjctt# of Grca t Eritai n. '
Manp hunbreb inffance# map be gibcn, luherrin feberall Cngli.sljmcn habe guittcb jiiff Claim# anb ptetcnce#,
ratfjcr then thep luonib enter into pjocef# toith 25nrgcr# of Amftcrdam Scc, foj that '25nrger# bp the pfrbtlebgc of
tfjcir Cities cannot be arreffeb. ^ tohen thep are fnmmoneb anb the Caufe put upon thc>0?binarp roll iti#yfnallp s6
month# befrirc it come# to a triall. 3 after a ^tntencc,it# common^i carricb aluap to the Provinciall Court bp a Manbes
mcnt. 4 after that,thep fb? ftirther bcration to ftranger# luill appeal to the Suprcam Court of Swbicatnre at the Hague,
bJhere it i# htib up feberall pear# longcr,anb at laft come# to a revbion.
<© St
6z Fraud and Opprcflion dctedcd and arraigned.
raaniiti'mcsSJjapjjeu^tfiattl^e Magiftratcs bin pcrrtnatrc&cit&paitic^atfirjitocefBrrtfjeccintroterfis^ to gool)
men, tfjeti call t^em, in Amftci-dam(VDfjicf) are cljofcn tfje Magift! atcs)UJi)o toili neticr gibe an EngUfhman nmre
«nefjaIfofi)i^DeraaniJ53,Iett^caiifeanD©animagebetDijat it boOl. IBfjerejbretoabopi) all bclap^, bejration^ anb
oppJeflloiT^, afqserateanEipjobifionali 28rtitle oiigjbt tobemabejtijatalilirangerfibo^Engliihmcnanti Hollanders
f IjoiilD refpectibclp in 42aclj <Eountren Ijabe a (innniarp toap of pjoccebing before Comiffioners ofneiitrall perfonjS fti»
'C-nDing of ail action^ ano controbcrfieci tijat inigfjt arife concerning trade an&£onnnercejbJi)ofc determination^ f bonJa
be finallbJitijOUtfurtijer appeal. Unkfs to the Sovcraign Prince or State of the injured Subjeds where the Matter in qucftion
■fhall exceed the value of 500 pounds ftcrling.
But here follows an infolent Prefident beyond all
Example, in an order of the States of Holland dated the lo. September i6j6.
(upon Mr. Marh Fletchers cafe hereafter mentioned) diredted to the fupream
Court ofludicature at the Havue, the Provincial! Court of Holland, and
the Schepens or Judges in Amjlerdam. Without hearing of Mr. Fletcher.^
his Councell or Atturneys, or any Englishman concerned in the Caufe.
Tranjlated out of Loir-Dutch into English.
The States of Holland and Weft-Friesland.
Slight Hemmhlc,
Ec have Caufcd to be read in our affembly the Petition of Jaeeh Vergms Citizen and Burger of the City of
.^mfterdam, relating, that although by the fncccflive treaties between this State and hisMajefty theXiwg of
Great Britxin begun and Ended. The caulcofAftion and pretence which fbtnc of the inhabitans of his faid
Majefty pretended to be due unto them fbrl>ammagcs which the Officers and Servants of the Eafi-India
Companieofthefe lands fhould have done many years fmceinthc Indies unto two Englifli Ships and their
Lading belonging to (ubjccts of England whereof the one was Called the Henry Bonadventure, and the other
*hc Bona Efperanifi was iaily agreed and Concluded, which notwithftanding one AirfrCe EiercierEnglifhman dwelling in
ACidife/iiMrgionthebehalfot .Sr. Pi««/PjMd^r dwelling in had been pleafed of late to revive that Matter, and Parti-
cularly to cite the Petitioner (who by vertue of Power and Authority granted unto him had in the year 1649. long before the
laid rcfpcftivc treaties received of the dircdfors of the £«^-I«dMCompaniefuch funis ofMoney as by the foregoing agree-
Hicnt was Concluded and Promifed for the (aid Pretence and Dammage) before the I.ords Indges of .Amfierdam which the
Petitioner thought veriefttange being plainly againft the faid rcfpcftivc treaties: Whereof the Petitioner thought he might
Transgrefs by Entring into any fuit with the faid P/etcfier before the Lords the Padgej ofthc faid Citty of.,!P»jy?crdd»), even
as his thoughts were Confirmed by the advilc of Scverall perfons learned in the law, but in dutic bound to a cquaint us there-
of, fithcnce the faid PZerftifr had attempted the vioLition and trespafsagainfl: the (aid rcfpcftivc treaties whithin the City of
under our Dominion, to th'End as it behooveth us to maintain thefe and all other treaties within our own Do-
minions, an d to Hop, hinder and defend whatfbever might be begun to theContrary fo we might by the knowledge thereof
be moved to provide by way of State againft the defigns of the fiid Fletcher, And that the Petitioner giving knowledge
thereof by the laid petition, andaddingthat Although by the 15. Article of the Trcatie between this St«te and his laid
concluded in the Y car 1662. The Caulc of the faid pretended Dammage on thofc two Ships and their Lading were then Ex-
ceptcdoutofthe GenerallClaufeofAbolition mentioned in thcfaid 15. Article and libertie given to the pretended Intercf-
fed to profccutc their Ptocefs begun touching the fame : That ncvcrthelefs afterwards the faid Matter by the following
Ttcatic concluded at Bredit in the Year 1667 had another afpeft and was then finally Ended. In fitch fort as by the faid
treaty in the Year 1667 in the y Article more Efpecially was declared ; That all Aftions and pretences whatfoever referved
by any fbrinet Treatic of peace and Efpecially by the 15 Articlciof the T rcatie of the year 1662. for which Either partie or their
fubjefts might inftitute their aftion, fhould from thenceforth by vertue ofthe faid Treatie be made nul, obliterated and ofno
cffcft , So that neither for that or Generally any other matters or Goods which not ouely inuring the w rr but alfo at any former time
before or after the Concliifion ofthe faid Treatie ofthe If ear 1662. To the day oFConclufion ofthat following Treatie fhould
never be moved by the one or the other lide hereafter: more clear or larger Exprefions to Annul, make void and obliterate
for ever the Petitioners caufe could not be uttered then was by the faid 5. Article of the faid Treatie of thcfaid Year 1667.
And where.as after new differences arifen again between this State and his faid Majeftie, another Treatie was made in the
Year 1674. At which time the faid Treatic concluded at Breda in the faid Year 1667 was again more particularly included,
and confirmed bv the fcavcnth Article ofthe faid Treatie, faying that the faid Treatie Concluded at Breda and all former
Treaties fhonli thereby be revived and of full force : fuithcrmorc the Petitioner praying that wc would pleafe to take this
his caufe into Confidetation and in purfuancc to provide that you fhould be writ unto and ordered in no wife to receive the
fnid Marke Fletcher or any other petfon whomfoeveir in ludgement touchiHg the pretences for the faid two Ships and their lad.
jni', butto rcCufe them all the waysof.lufticetouchingthe fame, to the end the faid E/sccZier and others may learn to rc-
verencc the Treaties made with this State, and at lead not to violate and infringe them before our face, which being taken
into our Confideration we liavethoughtGaod and refolved to write thefc unto you , and to order that you do not hereafter
receive the faid Marke Fletcher or any other Perfon whomfocvcr in judgement touching the faid Aftion or pretence, nor ad-
mit them, but to refufc them all the ways of Juftice, The moving ofthe faid aftion or pretence being a publick and M.anifcft
breach ofthe faid Treaties of peace Concluded in the Year 1667 and 1674 refpeftivcly. Vfhcrcunto trufting, wcCommic
vouScc. WrittcnintheHrfjMethe lo.ofSeptember 1676.
The States.
If the States of Holland dare he fo hold inthis ImUure of time to make fuch orders in particular cafes
(■wherein fo many Eminent member s of Parliament are concerned) what would not they do if they had
continued thofe Ancient leagues and Alliances with the Crown ofF ranee that were eontrafled with
Lewisite 15. thisprcfencKing.?
A Brief Dedudion of the cafe depending between Marke Fletcher of Middle-^
burgy Merchant, and lacoh Pergens of AmHerdam.
With the quejtions and refolutknt thereupon,
illltam Counen Eiquire , and Sr. Eiwdti Littleton Baronet by their deed" of Affignment under
Stheir hands and feals dated the i9ofDeceinb. 1642. for valuable conlideraiions therein mentioned
' did grant and transfer (reterrflia) the fum of 3000 pounds Sterling unto Sr. Taul Tyndar his execu-
I tors and adminiftrators out ofthe 5hip named the Bona Efperan'\a and the (um of ayoo pounds out of
, ihcHemj. that were upon trading Voyages in the Eafl-Jndtes.
I Intheyear i64j. the£(t^-lMdirf Co»jj>(«jMoftheNetherlandstook Ijoth the faid Ships and their
> Lading into their pofTeffion and converted them to their own ufe, without any procefs at Law.
I Intheyear i647»Sr. VaulLyndarhy Jonas\,Abeels demanded the faid 5500 pounds of the £4/?-
India Company, unto whom he infinuated his right of Affignation.
In the year 1648. Jacob Pergens takes a fubfequent deed ofafUgnment of the faid Ships and Lading from the faid William
Co«rfe« upon pretence ofadebt of 1000. pounds dueto him from Sr. wI/MMjConrtew upon an obligation dated in the year
1634, and covenanted to account for the furplus to fuch perfons as had right to demand the fame from Courten.
Intheyear Jacob Perge«s made an agreement with the Company for 8 jooo. gilders, and gave caution to
fave the Company harmlefs againft Tyndar.
Afterwards, George Cdreiv Adminiftrator of St. Tad Tyndar affigned the faid 5500. 'pounds with intereft unto Jrlarke
Fletcher-, in conflderationoffeverallBillsofExchangeacceptedand other paymentsta be made upon obligations; who
brought his aftion for the faid money againft Ii«co6Perge»{ before the Magiftrates of .dmfterdam.
Whereupon IitcoAPergeBj in the monethofAuguft 1676. waved the jurifdiftion of the ordinary Juftice in .^mfterdam
upon pretence of a Treaty made in the year 1667. Breda, and applied himfelf to the States ofto ftop the pro-
ceedingsatLaw; whofent their order dated 10. Septemb. 1676. to interdift the Magiftrates of.^wjlcrdittw; The Provincial!
Court of Holland, and the Supream Court of judicature at the Hague prohibiting them refpeftively from doing any jufticc
therein. '
Itbeingalledged inthefaid order, thatall injuries, offences, dammages and loffes that the fubjefts of England had at
any tinie fuffered by the Eafi-Jndia Company ofthe J^etherlands-befote that Treaty, were extinguifhcd and difcharged.
And moreover that all adions, fuits and pretentions whatfoever for the fame that were any ways reftrained , circum-
fcribed, defined or referved in any former Treaty whatfoever, efpeciallyin the ly. Article of the Treaty concluded in the
year 1 662, were alfo renounced by the Kmg,\and therefore it was a violation ofthe Treaty to profecute Jacob Vergensfot the
faid.money.
Then Mitrke£toc!ier in the mdnethofDecemb.laft exhibited hisrequeft to the States of Holland lettmgfonh the mis-
takes and ungrounded pretences in the faid order, and prayed that it might be revoked and the merits of the caufc left to the
Law, as a particular action, no ways relating to the faid Treaties.
And notwithfljanding the Xi«^ had formerly written to the States Generall in the moneth of January 1671. exprefsly de-
daring that the faid $ 500. pounds was not comprehended in a,ny Treaty; And that T he right Honorable Heneage Lord Finch
Lord high Chanceior of England. Sr. Richard Rayns ford Lord CheifJuflice of England, and Sr. Francis Horth Lord Cheif
Juftice ofthe Court of Common pleas, had fignihed their opinion to his Majefty under their hands (upon a reference) on the
J. of November 1676. thatthe faid y 500. pounds and other effeds of Sr. PuM/Pyjiditrj, and Sr. William Courtens Efrates
unadminiftred ought to be'profecuted at Law. The Copies of all which were annexed to the faid requeft to the States
of Holland, withtheopinionsalfooffeverallmoftEminentAdvocatesintheNetherlandstothefame purpofe- Yet the
States ftill refufe to give any anfwer to the fame; and the Magiftrates alfb of .Amftierdam deny to proceed inthe faid caufe; al-
though they are dayly follicited thereunto.
The queflion is
I. Whether theSmes of }flo\hnA are competent l^udges inmatters ofLaio ornot^
II. Whether a particular aBion againft Jacob Pergens upon his covenant can be applicable to the offences,
injuries, dammages an d loffes mentioned in the faid Treaties or not ?
III. Whetheritbelaivfnllforhlls.tckeFletchtrtoprofecute his aBion at Lattr, inthe ordinary Courts of-
juftice againft Jacob Pergens Jir the faid ffoo pounds and intereft, without any violation ofthe peace ,
or not ?
RESOLVED
1.
Tl^attfjcoffence^, injuries, Iofr«.danbbammage^mentfoneti in tfjefaibCreatie^, to 6eboneanbcom«
niittcb bp tfje Eaft anb W eft-lndia (ffompanie^ of tlje JSetfjerlanb^ againf! tijc King of Great Britain aitb
#>ubject^, tDcceunbertfiec^otfon of capitall crimed anblmtfbemeanoj^ agaiii|I tje common 3Wiance
anb publique peace, anb are obHterateb anb bt^anulleb bp tfje King in fabouj of tfie fafb Companies; no
toap^ concemiiig Pergens 0? f)i^ particitlar cafe,
S©f(en Jacob Pergens in fjf^pjibatecapacitptntfje peat 1 649. treateb concerning tfje faib ^fjip^ anb <J3oob^ tmtfi
tfje Eaft-lndia Company fo| 8 5000. gilbert, niabe it f)i^ oton particular act toitb tfje Companp, anb fo became ac^
countable fo7 tfje faib monep (anb tftetrufirqfofeb in fjim) acco|bing to fji^ cobenant anb contract toitfj Courten.
2llnb tfje piocefl of Marke Fletcher cannot be anp toap^ conf!rueb,intcrp?etcb 0? intenbeb.to be compjefjcnbeb in anpJtr^
ticle.^ of tge Creatp at Breda, being a tibilf action rebuceb to a certaintp, no biapsS circiimfcribeb, b^ineb, reftraineb
02 referbeb in anp mrricle^ of f>eace tofjatfocber.
III.
Sfanp o?ber of tfje Jitatc.^ (Ex parte) o| of anp Soveraign Prince unbert^eirobJit conffruction ^fjoulb be of fojcc
to interbict Sfubge^ in tfje ojbiiiarp courfe of Slutiicc, tfjat are fbtoin to bo rigfjt bettoeen tfbe Soveraign anb tfje ^ubs:
jcct, a^ bjell a.^ bettoeen pjibate perfon^, it tootilb not onclp intrencfj upon tbe Cibili ^ubicaturc of Cities, anb Na-
tions, but upon €|Iate^ anb p?apertie^ of particular perfjn^. 3!t i.^ gzanteb tfjat tbe ^ubject.^ of tfje States Generall
are parboneb anb acquitteb of generall action.^ anb pietence^ ariffng upon fpoif^ anb bep?ebation.^ before tfje
(Creatp at Breda, (fucb ofence^, injuries, bamniage^ anb loffe^ being ertingnf^bcb anb obliterateb ex plenitudine po-
teftatis bp a pjerogatibe remainmg in tfte King) stub if anp action ^fjoulb be bjougftt bp tge jmfbect^ of eitfjer fibe,
upon anp fucbpietcnce oflof^ oj bammage^, tfje befenbant^ migbt pleab tfje 3Crticfe^ of^eiCreatpatBreda.in
bar as an erception to tfje action. Knb tfje Courts of jiibicature are tjfje competent Slubge^, tofjctj&er it be a partial^
lar action, oj jncfj a pjetence, tfjat conipie&enbeb in tjc peace at Breda, o? not,
A Schc-
A Schedule of adions depending in the ordinary Courts of judicature in
Holland and Zealand ^ not comprehended in the
Treaty at
s. d.
TheaSion depeniing at the fdt of George Care w (aiminijlfator of the goods and Chattels of Sr. Willi amT ^
Coin'ten Hnadinm(lred with his spilt anncxeed) in the ordinary Court of Itidicature at Middlcburg !
in ZealJtsd againft the hej/rs o/Peter Boudaen deceafed , for one hundred twenty two thoufend one hun- Pi22l38!i956
dred therty and eight pounds nynteen Shilling and fix pence Sterling. Theballanee of accounts in the i
Linnen trade cr Exchange &c.o/i>r. William Courten and Company,is a particular adion upon a civil 1!
account no ways comprehended or included in any Article of publickTreaties whatfoever. J
1000: 0:0
uoo: o:
..<lndlikewife theaBionin Mid'ilehm'gagainft theheirs of the [aid Peter Boudaen for 1000, pounds ^
Sterl.givenby jotmlAoac^ as a Legacy to WiWinmCoancn Efnuire deceafed. »
../is alfo one other aBioit for too pounds Sterling given as a Legacy by Sr. Peter Courten to his Srothet L
Sr. WdXsAcaCoane.a, both profecuted at the infiance of the faid George. Ciscw. \ >oo: o; d
Ulfo one other aB'ionfor I zjao gilders depofited by the direBors of the Eaft-India. Company, into the^
Lumbard or Banck of Lending at Middleburg, as the proper money o/David Goubard deceafed,againfi *
whofe heyrs the fuit depends, at the injiance of the faid Carew. '
.Alfa one otheraBion for ^000.pounds Sterling againfi Jacob Pergens for money lent by Sr. William^
Courten, unto Sr. Jacoh Cuts hAteVcaCiomLris of HoWmi upon obligation, which depends in the ^ 3000: o: «
ordinary Court of judicature at Amfterdam, atthefuite 0/George Carew who folicites there dayly\
for fentence.
Likewife another aBion dependingagainfi the heirs of ^eter Boudeanie/ore the high Court of ludkature^
attheKngiieupon an appeal brought by old Peter Boudaen yron? fentence againfi him at Middlebiir^l
atthe fuit of lanaes Boeve.for theportionofhiswifegivenbyJo\'iaMoacy-,iphich,withprincipall,tn-f 7O00: 0; O
terefls and cofis, amounts unto 7000. pounds Sterling and upwards. J
.Asalfothe aBion aforefaid againfi Jacob Pergens atthe fuit of Morke Fletcher for $$00. pounds,
and interefi thereoffince the year i6si.y.amauntingaltogetherto the fumua of 12000; o: o
1"
12000 t ot o
X4()438:I9:6
Upon all which anions theraidr(«co4Pcrgs«f and the heirs of PMef , and the other Defendants have u(ed all
dclatory means and (Iniftcrpraftifes many years togerher,purpofely to detain the goods andmonies(gotten into their hands
in truft) to the oppredion and mine of many Families in Englandas as by the printed deduftions of the feverall cafes at large
appears: And are grown fo wicked and reprobate to report, thatthc fai J aftions and fums of money (arifing upon couenants
contrafts, Bills ofExchange, obligations and Civil Commerce at Land) are extinguifhed atld difcharged by the Treaty at
Sreda under the notion of ^oyls and depredations upon his Majefties Sub jefts at Sea and forraign parts of the W orld,
luHke deUyedis luHice denied .y and "Cohere there is a ^erfiflency in it/^j^a^
tions as fftell as particular perjons are concerned. The greildances and
opprelltonsrefleTm^ moreupontheSofDeraignVoloerthatfujfersit^ then
upon the ordinary Courts of judicature lahere fuch pra^ijesarepermitt
ted.
.ABum 24. of Decemb, 1676.
Fraud and Opprefllpn detected and arraigned.
Sever all Advertlfments y concerning the Hollanders,
in reference to their performance ofContraSisand agreements in ISlationaU
Treaties and Adminif ration ofjuflice in thefe modern Times.
He French King, having granted Licence to a Company ofMercliants of Die^, to tradetotlic
Eafl-Jndies, did fa forth the Ship calledd'£j|^ftit»ceboiindfof where haviitg bought
her Lading ofPeppcr, the Dutch Eaft-India-Com^any fcnt fome Ships, 6c fired the faid Ship,
which was burnt with all her Lading ; whereupon thofe ofDiep demanded fatisfiicfion by their
Procurator lnqnesUceb. A Sentence was pronunccd at^}»j?erd<t«jonthe20ofjune 1625.
whereby the Eaft-tndia-Company were oncly cotidemned to pay for a tliird part of the Pepper
laden and burnt with the Ship, each bale ofPeppcr valued at 4. pieces of eight, asalfoone
third part of the Cuftoms 6c charges paid in Lading them for their tranfportation, fromB4»-
tarn , wherewith, the Merchants being unfatisficd, the Matter was left in flatu quo.
2. Inthe Year 1648. by thegeneralITreatyconcludedatM«»]?er, Itwasagreed, between
the moACatholique King, and the Lords the Generdl of the United Provinces, that a
Chambre my party fhould be ereded with power to decide all manner ofdifFercnces, and
difputcs which were between the Subjeds ofcithcr fide, and thefe were to hold their meetings or courts interchangably. Firfl;
for a certain time in the and then the like timcinthc States Dominions, which was executed tor a wliile,
Ln;t alterwards came to nothing; intercft and paflion overruling, they decided very few difputes. The Hollanders mould have
1 all things interpreted to their own fence: Frefuming that theftrongefl party could make the Lefi conftruBkn of dubious Matters.
In the Y'car 1660. the Admiralty Court of ^»t/?erdrt»j confifcated a Ship belonging to XKieck, upon pretence of car"
rving contraband Goods to Psrtttj^it/.not withftanding the Maftcr made it appear that he was bound for Calitia 6c not Pertugalli
and the Owners having obtained a review of the caufc, All thefeaven Delegates adjunds, which were all ofthem Eminent
old Experienced Advocates and Lawyers, declared joyntly, that the Sentence was Erroneous yet thofe of the Admiral-
ty pcrfifted and maintained the Sentence againft the opinion of the Adjunds. true Example of Faf ion attd Interefl ; vide
./tytiema, in his 9. Book, Fage 108 2,
4. In the Y'car 1654. the Por/»!j<t//s took the Reciji in from the Hollanders, being the oncly place that the XVef^In-
dia Compatty had left of their Conqueft in that Country, which was caufc ofa warr between them a nd Portugall. In the Year
16 59. the good Ship called the Golden Sun of Hantes, Capt. Nicolas la Breton, being at Lisbon in Vortugall, was fraighted by Mr.
.Abraham Jacobs ctciLn^Sthh ndcox, rcfiding there, andladen with fait for Kwb deIe«fro , inBraifll, from wencc he was to
return again to LdioB withfugar, Hides, Tobacco and wood j being ailofthemfreegoodsofthegrowthcfthatCottntiy;
and notwithflandingtherc was a Provitionall 'Xreaty of Marine agreed between the French King and the States Generall, in
the Month of June 165-7. Art. 3. (fi'x,) thata free Ship fliould free all the Goods laden within her, though they belonged to the
Enemies ofEachothct; Provided they were not contraband, nor bound to any place befieged 8c blocked up; Yet this Ship
was (cized at feabv 4 Zealand private men ofwarr, and fcnt to Flushing, and the whole Lading confifcated. BiitMonfr.
deThouthe PrcMci Arnbaffadorthenat the Hague, complaining thereof to the States Generall, declared that the King his
Maftcr would give vepVifillsagainfl them, ifthey repaired it trot, whereupon the Ship and all the Goods, properly belonging
to the Captain and Marriners, werereflored , and his Fraight paid , but all the beftofthe whole Lading, whereof a great parr
belonged to the Englilli Merchants, and Fadtors, remained confifcated without fatisfacfion.
5. Ill like manner the {aid Zealanders vizCapt.FlAlip RasToufeinle fage, Matthew Huaerts and .jlben Janfen,Capers in
comp.any azainidFortugalCdzeitheGoldmSun St. Malo, Experience , and the Golden Falcon o( London, in the year 1660. all
laden with fugars, from Bra%ill, bound for Lisbon (upon account ofEnglifh Merchants 6c Faiftors tcfident in Loudon and Lis-
hm, \iz .Mbrahiwi Jacobs, Robert Carr,Thomas Rofock, IVilliamVeche, Robert Farker, Roger Fradhill, ChriflopherTrenchard .
William Nottle arr.1 William Trtfell) where they were obliged to pay the Kmg his Cuftoms, brought them into Zealand, where
the Ship.s and Goods were confifcatea Even as the Ship called .Hnn and .Var^itret,belonging to Mr. George Torriano,U- .Richard
Weflcomb, and Mr. Nicholas XVarrenladcnwhh Fees Waxand Hydes See, wastakenby Commander of the Ship
c.illcd theCelderland and confifcated againft all.!uftice andCommon right,to theDamtnage of the Englilli 50000 pound fterling
and itowards. Jnfolencies and Robberies beyond all Examples of other Nations.
6. IntheMonethofAuguft, in the Year 1672. there was l.idenin an Englifhbuilt Ship called the E/yzB^A'irreo/LoMtiow *
whcrcof'CaptainTfioBZiijF/rfEewasMaftcr, Scverall fats of copper Kettles, hogsheads of fpice and packs of Linncn Cloath
to the value of40oo pounds fterling and upwards bound for London from .Amfierdam upon account ohMr. Henry Hampfon ,
Mr. Peter Harringhook, Mr. James Bremn, Mr. Hovener, Mr, Jofeph Hill ,Mr.Thtmas Mayden and others all Englifhmen born,
who fhipt the fatd goods by the confcnt and permiffion of the Lords ofthe Admiralty in .Amfierdam, and paid Cuftome for the
fame. Yet the Lords ofthe Adiniralty of Eriesland fcized the faid Ship in their Harbour in her paflage to the Sea and confifcat-
cd the fiid goods contrary to the gaAiticleoftheTreatyatBredit, Notwithftanding all the Examples and prefidents ofdivers
Ships and goods of both fides that were delivered by the King of great Mritaign and the Stales Generall in couformity to the faid
Article, after that time.
7. Intlie Year 1674. A peace being concluded on the 9. oFFcbruary , between the King of great Britaign and the States
Generall, It was agreed that all Afts of Hoftility fhould ccafe at the Expiration of 12. days after the Publication (which w.as
thee. ofMarchfbllowingfrotntheNcfsinNora'zt)', totheSoundinosoftheEnglish Channellwddward, andfrom theticc to
Tangier'm fix weeks. Y'et Notwithftanditig, two private Men of warr of FiiiQiing (viz) Veter Marcus Commander ofthe
hmb, znd Vankl Schuyer, Commander ofthe who had knowledge'of the Publication oithcpeace^andhada
printed Copie thereof aboard , did on the 10. of April following feiz and take the Ship called Jofeph of Briftoll, whereof
Willam tones was Maftcr (coniingfi-om VifpniA 5c bound for t^riftol) within the Soundings ; which faid Ship with her lading
ofTobacco they c.arried to E lushing ahorcfa'td, and obtained an order ofthe Admiialty Court to fell both Ships and gooos,
without hearingthc Maftcr or Clainiors ofthe faid goods, contrary to the 16 Article ofthe Treaty of Commerce and Peace ;
And fome inoncrhs afterwards confifcated the Ship^Sc goods, to the dammagoof the Maftcr and Owners 6000 pound fterling
& upwards j althousih they gave in, evidence 5c clear Proofs that the Ship was taken within the Soundings j w heicupon the
Claimers obtained an order for a review of the Sentence, which review by agreement in the laft T reaty of Marine, Article 12.
isto be made bcforea Committee ofthe States Ceneyall^tthc Hague, and not before the I^ords of the Admiialty ai Mid-
dleburgh : yet the Lords Magiftratcs of flushing (fome ofwhich are Owners ofthe Capers) will not fubinit thereunto: pretend-
ingthatthey confented not to any fuch Article in the faid Treaty: fo the Cr.fe remains in flattt ^ as it appears at large by a
printed Dcduftion thereof.
64
Fraud and OpprefTidn detected and arraigned.
S. In the Year 1662, by a iolemn Trcatj^ it was pohtJvdy agreed, that the Ifland Toleron was to be delivered upon demand •
And that fatisfaftionfliould be made by Amicable conferences for the two Ships and//ewry '
but neither of themwas performed. W hereupon Special! Rcptifals were gi-anted under thegrcat Seal of England concerning
: party obligeth to obferve the conditions, jpojlicaraiicc i<J
110 Papmcnt 2£nD tlbf« noticing can be fcflauratibe 0| Ijealhig to tj^e fubjcctp" of England in niaiiii cafr^, but a fo-.
bcraiijii rcmcbfiiiPailiamcntfcnljeir rclcif.
9. I n the laid Trc.ityol Peace concluded at London, 167+. It was pofitively agreed by the 9. Article that there fhould be
a rc'ntlation ofCommcrcc and Navigation in all parts of the world, Efpccially in the Eaft-Indies; W hich the Hollanders fay
isimplicitly done 8c provided for by the y. Article in the Treaty Marine concluded in the fame Year : And that they have a
declaration apart from his Majeftj or bis Minifters of State that It is Satisfaftory concerning the S 5c 9 .Atticles ofthat laft Peace
made 5c ratified between the Kin? of Great Britaign And the States Gencrall, which mentions nothing of the fpice trade where.
ofthcfKvh'j&Coni/'itijhadathirapart by Covenant, nor of any tribute for fifhing upon the British Coa(i, (which the
7 /(rf/««derj{ay wasfiifpendcduponthcPr/KCf o/Or<tKgehis account) onely It is diretlly declared by the wordsofthe 5 Article
that the fubie£tsof£Bg/it»d may with all Freedom and fafety Sail through all Navigable rivers unto any Harbours or Ports of
?r;»cej and SMtfs in Amity or Neutrality with or the States Generall whereof the Flemish Ports cannot be Exempted,
or the Navigable Rivets to them be ftbpt up , without an apparent breach of the peace. More clear or larger Fxprepions could
not be uttered to open the Scheld, than is demonflrated in the $. Article of that Treaty Marine.
.0 tftciicar t666. 3S jfllJ-boat laDentoitfjfaltanb 25 ?antip boHtib fb? Amfterdam toajS frijeb near Portland.
Bay anbbjoiigljtinto Chi'chcfter (bp Captain Tyrence Byrne unbcc afpcciall flfngli.e'f)ComifTion fo? Kepjifall^
agaiiild tljc Hollandeis) iBljcre tlje di ©a|ler anb jiEiarincr# upon €jraniination confeffcb tftcp dnercbouub fo?
Amfterdam, tfjatloa^ Dutch built, anbfatclpnanieb tf)e Godtlieve ofBrugis , tljatinott oftfjcfcanicti
tocrc JdoUanbcrsS born anb infjabitant^ tfjere; ||et tfte ^fjip anb goob^ tocreclaimeb bp Peter Gcrrard on bcfjalf of
Mr. Michael vandcr Plankcn, Andreas vande Bogard anb Jolian Neitz of Briigis; ildfjcrfupon tfjC .Judge of tffS Admiralty
crccbtf)attf|ci'eioasS30obtaufeoffd5iire,an5tfiattl)e,t>f)ipanbgoobs!^f)oulbbeix!toreb upon®apI to abibc tfjc fem
mice upon fjcatnig tfjccaiifc, unto tofjicfjtfje captors tonfentcb, buttljeClaimeis rcfufebtotahctje^flip anbgoob^
accojbinglp, fjabing arrcireb tfjc Captain fbj 1000 pounb iPammage^ bp torit out oftfjc Admiralty Couit, tofjo fjab gibiiii
fuffitient ®apl to anflucr tfjc.^uit : IfterVoarb^tfie^flipanbgoob^tDcreilfreEbaubreftorcb. CJjen Peter viftorine
rcdatmeb tljc iJPamniage^ on bei^alfoftfje fafb p^etcnbeb ^jopnetor^ of Brugis ( JBabiug tfje ^?ocef^ againft capt.Byme
upon tfjearrefl) anb epljibitCb 2firticle^ again!! Sr. Edmond'Tumor anb George Carew (toljO^ tfoniniiffion Byrne fjab
tagaintttj^e States Gencrall and their Sub jefts) Ilia neVugjOCe^ jopntip toitb Byrne anb Jonathan Froft <©lljnfr Of Byrne
fftip, anb pjotureb Mr. Fiancklyn anb Sr. w alter Walker to iPrauie an impertinent Sentence fb| i soo ponnb ttcrl. (©ann
magc^toSiel) toabp?onouncebagain|laII fbnrfb?fpoplingtf)c©apage, Keabage ofiBpneanb fomc imfaesilinent of
fait anb; Eiope^ altbongl) it appeareb tfjat tfje to&ole labing colt not 3 00 ponnb lierl. 5P |om bifiitl) fentence Bym an b Froft
appcaleb to tije <©?binarp ©elegatc^. 23nt Tui-nor anb carew appealeb Ipecialtp bp tfjemfelb^, anb 5B>eIegate^ toitft 3Cb:
innet^ (.1 udges oftfjc toninion Jtatoj being appointeb, tfjep erabeb a millitp of tfje .Sentence againfl tfiem biitfj (JToft? fb?
beration, more ;^fpecialfpfo?tfjat it being repugnant to lain anb reafoutljattfjirb perfon^ ^fjonlb fnfferfo| perfonalf
ininrie^tof)entfjeofidiber^(iftf)cpitierecuiIp)f)abgibengoobtantion to an|tocr tfje ^^animage upon tfje arreft; aif
lDt )itfj b ^cnb }f hi Statu fb| tfje Judges refolutioil upon tfje 30?otef^. This cafe is only added to fhew what Favors Flemmings
aiid Hollanders find in the admiralty of England, notwithftanding Englishmen are fo unkindly treated at Flushing and Oaftend,
T is very remarkMe that at the generall Treaty in Munfter A Peace it>as
concludedbefween Spain andtheSt^tcsof the 7, United Provinces on
the so. day of Fanuary cxf memorable ohfervation t That the
Spanish King, Duke of Auftria, and Bourgundy, should extinguish
and relinquish his right a>td Soyeragniiy in thofe Provin ces on the fame
day that King of Great Britaign laas maliciously cutoff from his
Crolvn and Kingdoms by his oDon Subjects : s^nd that the French
King , Tvho had fo long continued in leagues offenfive and defenfifue
'ivhh the Hollanders againfi Spain, should he excluded inthatTreatyand left in a Bloudy
Tvarrlouh Auftria andS^a.\n,contrary to the Dutch covenants .And that noto the^teneh King
l»ho,claims theioholeS'p^nish Netherlands(/»n^/?/o/'Mary daughter ofPhilip thefourth his
Wifeyheir of the houfe of Bourgundy) tvas before content by agreement to dhide thefame inith
Holland. Indignities offered to Princes are not often remembredyet feldom forgotten. The Pri-
y Hedges granted to Englishmen for difcoyering the North-Eaji paffage to Ruffia "^ere taken
atvay at Arch Angel by the Grand Duke of Mofco unhappily upon a letter from a Prince in
Exile, to the great Vammage ofthe Ruffia Company , tfhofe trade isfincefpoiled by the Hollan-
dcrs. Eyenasthe EaJlCountrey-trade,theSw.yxn^-trade^ the It^ihn trade, and all Othcts.
Whofoeverfh.all enjoy the Soveraignty and Dominion oC the Spanish Netherlands , or any part thereof, muft be
obliged to Ratifie and confirm the Bourgondian Treaty with the Crown o^England, or be abandoned from the
Liberties, benefits, and Priviledgcs upon the EnglifttCoaffs, and the Advantages of thpfe ufcfull Harbcntrs,
Ports tpid Havens, upon all occafions or Emergencies,
Hereafter follows the third Part of thisTreatifei
Severall neceflary Advertifments con
cerning the improvement of Navigation
and Trade.
^More efpecially the <^ManufaBures of
England, called the old and new
Draperies.
, ALSO
Twelve {eleB Articles of the Treaty at Munfter concluded in the year 1648. {hetieeen
the King o/Spain, and the States of the Seven United Provinces,) ■vi:^. t^th lo.
iz. 14. !?• I<5- I7' ^3* <54' ^7' Articles t which mcroach-
ed fo much upon the Spanifh Netherlands, and the rights if Pri-
"vHedges of Eaglmd in their trade and Navigatim,
rroperly deljated apart in this following Treatife.
lus pemianct femper nec unquam mutatuf ^
Lex vero fcripta faepius.
Printed in the Year 1676,
To the Honourable Knighrs, Citizens
and Bur geffes in the Parliament of England.
Worthy Senators
iritain 1
ira«.
3l!pai
lapacc
t, ar
Cttl>ei»gtheTh{rdEfiate of the Land J and moji concerned to M
into the mjjlcries of trade and commerce; I prefetmed to dedicate thil
Thiid'^Zttofmy Bookto the frofpe£i of your mo(i piercing fights ani
underjlandings. Pardon me that I begin teith an Allegory to tell
you , that Trade the fair mijirefs of the Tear Id hath been courted
diverfe Princes and Po tcntates of the great eft Kingdoms Empirei
that arenoHf antic^uated^ or through their oTtin neglect firfaken\
Old Rome and Carthage difputed the guarrell a long time for tk
favour of that fair Emprefs untill one ofthem fell by the fscord. Grand Cairo Toas the Man
of the Eafi, before the Portugals found out a more Eafie la ay for the eonduB of her Men
thandiz.es than by Carayans. The \^ncient State ofSf enice, that conquered three Kingdom
in their flourishing time of trade mas firfl lefsned by Lisbon ; i ^fterfrards Brugis a,
Anrntr^mere the chief )\iagaz.ms for goods and sJHerchandiz.es of all forts,unttll Holhai
blockt up thoje Elemmish ports from the English navigation by Sluys and Lillo. Tet this Beats
tifullLady mill not beforced^ she is as fubjeSi to change as the yarious habits difpofittons
men are fubjeSl to alter, wherefore of late, she refolved to remove her fiation from Hollam
into abetter climate amongf people ofgoodtempers& conflitutions, andatlajlioas inclinedti
Jettle her felfinEn^had •. knoTvingthat Gtczt Bdttaicntfas bejl able to vindicate her homttm
andreputation in all quarters of the Earth, iftheyiaould not fall into factions, prejudice
pafion at home, but court her like true Englishmen that are both Soldjers, Gentlemen^^.a
Merchants. to leaye the Allegory, & come to the fubflance , there is a fair opporti^vi\ti
nity to lefsen the Hollanders by keeping doirn Amfterdam y>ith a riftng bloie. It is moji
tain that England can fubfifi of it felf better then any other Kingdom mhatfoeyer: Cdnd^^tat
the Ambition, Avarice and Envic of other Nations hadmtprompted Englishmen to dcfem "
themfelvs by force of Kyirms and ^ayall poTver, the lofty trees might have remained flill <1
Ornaments in the Groyes and fields, and the Earth had not been fo often ript open for Lead
Iron to pierce thebolpells ofpoor Mart alls.
But fince the Laies of Nature teach all mn to prefrye themfelys, and by pyoyi/ion to
yent any others that might inyade their interefs and properties, I haye made bold tohif^ioW
fome things in thefe following Adyertifments concerning the better improyement 0/
gationand English Manufazures,that may be yery ufefull toypards the more Honourable
port of the Crolpn and Government, theincreafe of the publique ypeal, and t he diminutk
ofthofePoDersthat haye been both pur Enemies already , and are likely to be fo again up
any tccafion they can find for adyantages to break iPith the Crolpn o/England, There i n
old By-TPord in Spain, iphen they nould afrighten or quiet their infants, Beware-Drake'^rfoi
France fortloat purpofe they fay,but the HoW^^ndtis dread nothingmon
thenanumon of the three Ejiates o/England in Compliance ipith the King, lobich Go(
grant may continue for the accomplishment of thofe^ASis i lehich Itill Eternize the Gkn
%t\i
if)ic||tD
memory of this Parliament to all future ages.
Right v^orthy Patriots
I am
Antwerp Diumh. ifi
1676.
Your mofl: faithful!
and obedient Servatit
GEORGE CAREW.
Scvcrall
Cf)ip
011^ a?
inqueca
Spain tni
tie retui
fublicHi
®f)cr
wgmcni
nebcrtfjc
SSIeac^e
•Booller
Jponlon
liaebnt
^icc
^^abii
Wibfte
witfj am
:ns
d.
to
tte this
Hs m
toui
ted
mpiri]
yfaken,
forth
e Af/tri fSTfjc great mcouragement fo| tlje fetting up tlje l©ooIlen JlBanufacture^ in England p^oceeDeb ^om tlje multfe^
tube of SBojftitien, anb tljeir toibc^ anb €t)ilbjen tj^at fleb out of Brabant anb Flanders. Ji^fjereupou all tfie jf lenii^lj
©oniEiJ at ftome bo malidou^Iptepoit of tlje female fej: in England to tf(l^ bap, t^atttjcpaveEajte, 9tiquorig!)anb
iodoms leatiietou^, anb bo eben repjoad) tlje <Jgnglip& in Flanders toltJ) eating tl)e fat of tlje Eanb, anb bolng no toojlt,
■? j^ttenbing tftat otfter Clopflet^ bo mote tfien get ttjelr bgeab, altfjou^ tfjep are of tfie befi families In tfic Low-Coun-
; IS am rks anb fnfflclcntlp inbotneb toltf) Eanb^ anb rentj befibe^. 25ut tfje Irgument 1^ agauifi tljem: foj ftitnning, bnit^
ting anb fotuing are arrlbeb to fucft perfection^ in England, tfjat no j^ation in tlie ai^ojlb ejrceeb Englilh s ©omen in
^fe art^. f et a firange fate attenb^ all Englifh jBanufacturc^ tobicfi arc fallen m tlieir balue^ to a toonbet, anb
cannotberaifcbagaintotljeirfojmerpjiccbutbparegulartoapoftrabing.
oUan(
tfom
ollani
lined /( W' anb tljjobj boton tfte Bancks anb Styles tjjat toere latelp fet up to tl)e piejubiee of tlje publicls.
homtn
lie earn
me Hi
!>portH
ojl ca
Andy
dcfen
ft ill /)
to htft
Navi
le
n
gmon
Glon
vcrall
Fraud and OpprefHon^detefted and arraigned. 6 5
Severall neceflary Advertifments concerning
the improvement of Navigation and the "Woollen
Manufadurcs of England.
Enry tfjc fburtfj of France, foou after |^e tamc to tge €roinn, abbifeb initf) W tounteH fjobi be
miglitabatetijepobjecanbfplenbo?oftlje Flemings, tobicb fo often gabe biberfton^ eoitlie
French: j©f)treupon oneoftlie3lo?b^ ofd)e€ouncillan^bjereb bim, tbat bi^ Majefty ^ilb
cut of all tbe 3©omen^ tbumb^babobiougbtinfucb an infinite treafnre into tbe Netherlands
from Spain anb otber .^ation^ bp tbeir fpinning anb toeabing: 25ut fince tbat time tbe Hollan-
dersanb France babe fo bifmembjeb Flanders anb Brabant tbat remainebpooi anbinbufiriou^.
tobile tbe <!&?abe€oimcill at Madrid fufferebmofi part of tbe refi to be loft ratber tljen tbep
tooulb enter into a Steague offenftbe anb befcnfibc baitb England againfi tbeir Igerebitarp «i£'
neraie^; toben France, tiolland anb Denmark tnere all in open toarr againfi tbe King of <!5jeat
Wtain in tbe pear 1666, UHtill tbe ®reatp at Breda tobidltbe Hollanders recojb in tbeir ainnalf^foja moft glcribu^
31 particular JiHercbant^baBI nebetraife tbe p?ice of Colchefter^ape^ again, tbat a Corapanp in a ^bo?t time
niapaccompli^b- ®belibcmapbcboncin<rioatb, ^erge^,^ Uterfie^fc. ifmenbJoulbgotberigbCbjaptotbejJKar#
iClje gteat objection.^ at London muft ftrfl'be taben abjap before 31 come to tbe pointy of regulation in trabe; (iTom^
janie.d bdng generallp loobeb upon in England as> Monopolies toben tbe trabe i^ carrieb on toitb a fopnt flocb, tubicb
biilgar errour. 3S^ alfo a gjanb mi^tabe in tbe Cloatbier anb otber^ tbat erclaim againfi tbe 4®ercbant^
tofjo Deal btitb tbeir oton flocb^ refpectibclp unber a regulation. Cbe '!5?afliertbcjFcrmertbe<irioatbierIt9eaber
gfiicber fc.bo flill allebge tbat fiicb dlBercbant^ bull not onelpmabefo^raigiier^^cirfiibjcct^, but uEugli^bmen
^tir^labe?? unber a regulation; tobere tbep toill gibe tobat tbep pleafe for all goob^ tbep erpogt, anb fell tbeir
i^ercbanbifesS irapojteb fb? tobat tbep liflttbofe ^ball be an^creb in ojber after tbe piopofall^ ftjj regulation;anb ^en
tbiDent bemonflration^ be giben tbat all trabe not tegularlp goberneb toill foon becap o? be fpoileb, 3| b tfie "lean time
ifltfe tbing^ map be toell obferbeb a^ fblloto;
®battbel®erebantnebergotmorebp€ngli^b|Cl^aBBf3Ctnre^tbenbebibm tbofebap^toben be gabe a goob
J J pjite fc| allgoob^ atbome, 2, ®bat moft men of jubgemcnt fmb tbe g?eatefl incouragement to bnp toben tbe
eaa Cltoiniuoijjtje^tij^Englandareupontberifing banb. 3. fCbe gieateft loffe^ tobicb babe fcanbuloii^lp bapneb to tbe
Cngli^b Merchant^ in Jate pear^, babe come bp obcrtrabing anb eloping tbe dliaarftct^ at borne, anb abroab;
iDljicfj mifcbief ertenbeb to all men tbat bab anp bqpenbcntp upon trabe. 55iit tbere 3 meet toitb anotber objecion tbat
top"' tffepooj muft be bept at toojbojelfe tbep toill be mutinous o?peri^bfb|bmi0ec; a^ tocbi^ 3?^ball alfogibeanim^
- ' ' tollable an^toer; anb libetoifepjefcribe an infallibleremcbp againfi rtjat bigtemper, to tbe quiet anb fati^factioti
of all partiesi botb ticb anb pooj.
Sti^giantebtbatbptbeolbrulcin^Hanufacturc^, aquantitp of H^ool dfat toft at tbe fttft banb an «3nglfdb
^ffilling, toben it toa.^ tomiigbt into (ffloatb fit fo? «l;,rpo?tatjon, peilbeb fir ^biHifS^: fo tlje publicb got y cleare,
'iicb toa.^ abbeb to tbe ftocb of tbe d^ation,altbougb febcrall perfonjl migbtlofe bp tbeir ill management in trabe.
ffibi^ rule batb latelp met toitb febcrall fab erception^ In England : altbougb it totH bear tbe teft in otber i5a»
. ^ion^ a^ to fcfaerall dlKanufaetnre^, efpeciallp in France (tbe <iCancftc? of Europe, tbat laugb^ at all tbe J®o?lb, in
:e 4n\ Cmque cant fouce per ton) ^fo? erample, in fine iPotolace^ ^ilb, <iP?uget^ anb otber jprenctj jiKanufacturesS fent fo?
Spain in great qnantitieji to be ttanfpo?teb fiom tbence to tbe spanilh Weft-indies,tbe dfrenibdlKercbant^ toill not tabc
ti)e return^ 0? anp part of tbe effect.^ in .-fliaalago JBinc^. jtruit^, >©pl.^ i|c. but in 25illsi of <lE,rcbange .anb pieced
five Shillings
perron is payd to
_ -o —-o jc —' -1 'i.- -1. — - - a - ^ . . the French king
uOiftifei^t tbat inricbe^ a Kingdom more tben tbe importation of anp goob^ tbat arc confumeb aniongft tbemfclb^. SBiit upon a 11 stran-
gcrs Ships that
taks Brandy,
Sslt. Wines 5cc.
from Fnnch.
ii^toiUalfo meet toitb a matcriall objection a^ to tbebiminii^bmg oftbeKingsCuftoms,tbebeftftippo?tetinfbc
fuUicb charge of in tbe nabie^ ropall. Cbi^ libetoifebc an^reb in it^ proper time anb place.
(Cbe Hollanders in tbe fine tbreeb anb Itincn (tobereof tbere i^ a great confumption in England) mabc a greater
•ugmentution bp tbe art anb labour of tbe toorbmen tben tbe Englifh bo in anp binb ofi©oollcn Cloatb^, o? ^tuf^i
nebcrtbelef^ tbe ©utcb toill babe tbeir monep remitteb fir or eigbt monetb^ before banb to pap 3®eaber^,
®eacbec^,apmaltcr.S, fc. fotbat tbere i^ a baft bifproportionbettoeen tbe sPutcb SCinen trabe, anbtbe4fnglifib
®nolien trabe. ®be tjollanbef^ fet tbeir poo? at toorb toitlj »!Bngli^b ftoeb > anb tbe uEngli^b goob.^ are folb for time
®on long papment.^ in manp platc^, tobicb begger^ botb tbe Cloatbier anb JlSeccbant SSeftb^ tbe abbantage^ giben
fletefaptoforraign jftation^, tbatbabingfomucboftbeuEngli^bftoeb in tbeir banb^, oftentimes mate tbe King
ftilD to bi^banarable conbition^ in treatiep of peaccto prcferbc bi^ ^ubjeet^ goob^ anb monies ft:om confifcaticai.
<?¥ice anb^icbleb llerringsS (tbofe ttoo ©ntrib l^inerall^) tooulb fupport tbe Hollanders if tJjep bab no otber trato
'r^abigatfonto fufafift upon: tberefore<ifngli^bmentbatarefombulgenttotbeHollandersbo notrigbtlp ^pre«
WiD tbe cafe, dftutmeg^, Clobe^, Cinnamon anb Jiaace, (tobitbarcaHforciblpingroffcbbp tbc®utc|)tabcone
wiiNnotbct, coft tbe Eaft-indiaj Companp 5 ftiber^ apounb, anb ate folb fbij-5 jiiber^reabp monep ftiBanck:
ii 'anb
66 Fraud and Opprcffion detec^:ed and arraigned.
aiiljCommuiiibusannis tljeftiite bjtng^ in 300000 poimti^ into tl^e Countrep bp €a^i) from all ^ation^, to
hmflbupfomnci)in95anc{i-monepfojrt)c€onipanp. fCl)e<iraUitoe.5Santiotf)er3?nbian naanu^ture^, 5^ju|
Jolqjctcr, (©in ano Copper fc, tl)i^ pear impo|cetJ in i f ^t)ip^ amounteb to more tljen a million of Sterling nu®
befibe^: ajS appear^ bp tlje generall Cargo of tlje ^Ijip^ auD t{)eit Eabing hereafter mentioueb.
bal'E obfcrbeb in Mazeland-Sluys , Ddfs-havcn , Enckhuyfoi, Zierickfca, Flaerding, Schiedam ailb oil
5ri .5&ing -©aUjn^ in t^e Waited Provinces, tofjeit tbe i ^erting 23upfe^ antt ©ogger-boat^ rcturneb ftam tfteir ©ojn
, tljcre t€tl)e fame regulation in tbe^ale of tfteirjFi ^l), a^'i^obferbeb bp tlje Spaniards in tljc Weft-indiesati
arriball of tije ^bip^ out of Spain fo| tlje Pate. Jfirfi. an inquirp i^ mabe bp tje <i5tnerall in tfte Weft-indicste
goob.dareb|ongBti tIjenfucl)apjiceanbbaInei.iSfetupontbemaccojbingto qiiantitp of ^ilber tgat i^ gott
tbatpearoutoftbeHiaine^. 3[fitpjobe a plentiful! pear foj^ilbet, tljen t&ere i.^ a goob p|ice fo| tfienaanui
turc.Sanbotljer,Jl©ercfjanbi5e^: ifnot,iti^otl)ertoife,
(Clje ilerring^ anb J>alt Cobb i»ben tlje dfi^ljermen tome Ijome bmfl be pjefentip folb, anb tfje J©agi|irate^ ofi
refpectibetoton^fettl)epji?e,^acco^bing to tlje quantities tljat are tabeu, anb tljep are all folb in a bap o| ttoo,
tl)cretoerefiftp ^l)ip.^labinganbuptoarb^ata fapis in regarb tJje monep mullbe biflributeb amongfl fon®
fjunbJebpeopleinebOTpplate; a^ to Brewers, Bakers, Coupers, Smiths, Ship-Carpenters, Net-makers, Tanm
Ropemakers, &c. befibe^ tljepoo? JFi^fjenuen fb|tl)eir toage^, accojbing to tijeir Ijire o? abbenture^ oftljeir lalm
being botf) ^eamen anb jpi.^Ijermen. Unb it'^ free at tfjofe generall fale^ fo? anp man to bup tljat batlj reabp mot
o,ureaitin1J5ancb. (Cfjentfit JiEertfjantsS compute togatquantitp toill ferbe fo| tfte confumption of fbeir ol
(Coton^ in Holland, bJl)icl) are fet apart; tljerefttlorebupin ^acb-ljoufe,^, anb againjl 9£ent-d®arfiet^ tfiej;
fent into France, Germany; Eaft-Countrey, Spanifh Netherlands, See, iCfji^ laj^eac tfit Jpi^bemien mabebul)
bifferent ©opage^; tlje ,#»ljurh^ tljat bantcb afrer tlje Ulerring^ bib fo fpoil tljeir jlet^ anb bebour tljeir fl^. jftt
Scotland aiib Ireland great quantities of ^alt. Salmon anb licringSarc tranfpojteb toitlj biberfe iKaiiin
tureS. anb otljer jt^lc goobS oftljofe Countries unto Rotterdam anb Camp-vecr: 3Mtfjougb tlje Cftief tonfumptit
fo J tbofegoobS are in Flanders, Brabant, ailb tlje reft of tlje Spanilh Netherlands anb confines of Germany. (®j
couftberiiigtbefebcralltollSupontlieminpalTingtbjouglJtbe^tateSterritorieS. befibe cuftomeS. inbjarbS.«
toarbS. anb alfo into tbe Spanilh pojtSaftertoarbS. anb all otjerpettp charges. lo per centiSloftoutoftfjepjii
pall at t^e firft toljitft migfjt be allfabeb if t&egoobS bjentbirectlp to Brugisoj Antwerp, iinber a regulation 1
finb reabp monep at tlje a®arbct pjice fb| tfieir labing.
J©ljereaS nobj tlje goobS being left in tlje IjanbS of Hollanders fbj fail, 6 per cent iS pjefentip allobjeb fo? nto»
abbance to bup Dutch flight ^ftipS . ropeS. anb tabling, iifla,r, ^ice anb ©jitgS tc. lti| returns; tljat injcoii
fiontoljenaceountSaremabeupattljenertbopage, bjfticljtlje poo? scotch anb irifh are obligeb to mabe untoi
famepo?tS (o?lofetljeircfffectSlefttljere) tljepftnbfamanpfaabbebtS anb otljer bejalcationS; tj&at upon tlje man
bJitlj all tljeir dJftercSanbife anb Commerce tSep bo but toil anb bJO|b onelpfo? tlje Hollanders.
Engiandougljttobetlieiil&aga5infa?Scotlandanbireland, in tegmrb tlje Croton of England be^bS ffjrtn 61
at J>ea, anbcanftirniSbtfiembotljbJitSallfojraigngoobSmucljtljeaper tben tljep Sl)all ;fttcljtljenifromHoliai
toljeremanptimeSt|^eparcfrojenup3 0j4 monetbS in t&e pear, anb babe fpent all tljeir monep tljep got in
fommer bJitbtbeittbin-ftbeb.^ljipS of SardambJljofetenberJSibbS are often b?oben toitb tlje S|ce in tlje ^out|
^ea. (Clje Scotch ijabinglibertp to fail in fberaign-built J>bip^ bJill neber builb anp goob ©effeis at borne k
tljeir obin people at toojb upon anp matcrialiS tbat are ufftill fo? Navigation, ©b® are aS bab, anb babe tbe fn
qualities in bejIropingtbeEngliih Navigation bp naturalijingiPutcb^b'P^' 3I1S to mp bnobjlebge, a J®agi|!t
ijf Limbrick being at Flufhing in tbe pear 167 $. gabe 13. pasports unber biS b.anb anb feal of biS office to feberall Zeal
dersfo?tbeir.^blP^topafSfreeaS©efrelSbelongingto tbatirifhPort. ®ut aS fo? tbe Scotch, tbeparefobertn
in tbat art, tbat feberall bunbjeb pasports babe been giben out at Rotterdam anb Campheer in one pear toitb bbi
fbj tbe names of tbe lI©afterS. 36 French gjibateer in tbefpate of one monetb met biitb feben anb tbjentp
faounb to France anb Flanders all from Kercady a 00?t in Scotland; altboit^ ? pattS of tbe Jieameii toere i^utcp
pet a s cotch Mafter birebfcom Rotterdam colourS botb .^bip anb goo^. i^brrefare if tbere be not acts of Parliam
mabe in Scotland anb Ireland aS biell aS iiiEngland ftj tbe better regulation concerning tbeirNavigations bjbrre aUtl
^bip^ anb ©pnaceS ougljt to be regiftreb in eberp po?t, anb all teamen anb jfiSbermen from ^e age often peaj
feabentp, bttip entreb toitb frbere penalties anb puniSbmentS upon all perfonS tbat S boulb tranSgrefs againjltj
rules anb ojbinanceS tberepjefcribeb, tben Forraigners toill ftill plougb iobb Engbfc. s cotch anb irilh beiferS.
®otototbegrcatSbanteof fncljEnglifhmcnbeitfpoben toboab borne anb abroab babe ufeb all tbeir enbeato
poffible to fpoil tlje Englilh Navigation: ^mongft manp bunbJeb erampleS. 31 toill bemonftrat 8nc,tobcrebp tlje Kk
map tabebiSmeafureS concerning tbe reft, anb fee boto Englilh men tbat Sboulb babe taben oppojtinutp of
times to inricb tbemfclbs anb tbeir oton Countrep, babe giben tbe abbantage to ^trangerS- 31 uni untoilling tt
minatein ffjiS place feberall berp conftberablc ijlftercbantS iu ixjndon tobo babe bireb out tljeir nameS at Rottcri
Dunkirk, Oaft-End, aiiD febetall otbcr f^ojtS tobere^trangerS goobS babe been Sbipt unber tbeir cobertS.
ebcn tbe ©effelSotonebfbt Englilh tbat neber toete in anp Englilh 3po?t; pettbepbabepaffeb courant oftentinie^
free ^b*?^ anb free goobS.
A Brief relation coacer/fmgCapi.Edwivd Cottercll, and feverall Merchants
Rotterdam, Middleburg, Flushing, Camp-VeerWDuinkitk.
AptainEdflJitrdCoKereWanEnglilhrnan who had formerly ferved in one of his Tdajefties Frfi
beingatRofferditwlnthe moneth of Dccemb. with a Merchant Dogger-Boat about a
ton whereof he was calld both Owner and Mafter, which V eflel he had named the Bdwari and i
ofXeMdoM was fraighted at Rotfcrditw by two Brokers that dealt for frenck Merchants, and tool
hisladingof Salt, Salmon, Soap, Sugar, Barrell-Codd, fine black iyidens Cloath , Xf)'
Stuffs and Stockings with feverall forts offpice and other goods to the value of 3000 pounds ftcil
and upwards, who figned all the bills of ladingforP««itir/t whither he was bound under theN®
ofafrceShip, yctmoftottheChief goods, werelhipt (as they pretended) upon Merchani>
countr living m Lcndon, and lb bills of loading figned accordingly.
\
Fraud and Oppreffion deteded and arraigned.
The Sliips Company confifted of eight men and a boy, befides captain _ Cottmll himfelf, one reamer
one Dam, two French-men, three £ngli{h-men and the boy. The Ship fetting fail for Vuni^ir^ in the month of
fannary, upon expeflation to meet with a feafonable Lent-market, met with many ftorms at fea, and was
driven into the road before Cawp-Krer in ZM/awd j where the Captain went on fhoar to get fome provifions
(or the Ship , and was queftioned for feveral duties belonging to the town , as Bouy-money and Anchorage,
for breaking the ground in their road: Whereupon difputes arifing , one Mr. Thyjin came to the knowledg
of Cotterell , and demanded Thirty pound of him, that was lent upon Bottom Ree of another Dogger Boat,
under the lame name ; but was confifcated with her lading m the River for (hort Entrys of Goods'
where the Vellel was fold and broke up. ®
Cotterell having no money nor credit in Camp-Veer yni arreHed for the faid debt, where the charge of the
Scout and his Officers in ten days exceeded the principal demand of his Creditor. During which time the
chief SMCfkr of Middleburgh belonging to the Cufloms came to vifit the Ship, and Bills of Lading, to fee if
there were any Goods that had not been duly entred at, Rotterdam. The zealanders being at enmity againlf the
Hollanders ; thofe of Middleburgh, Flushing and Camp -P \er exclaiming againfl Amjlerdam, Rotterdam and Vorty,
for giving incouragetnent to Merchants to frequent their Forts, where they are fuffered to make Ihort Entries,
and fmuckle Goods, (that is Healing the CuflomJ which have fpoiled the Zealanders Trade.
The Searcher having found cloath. Stuffs, Stocffings and Spice, to the value of Five hundred pound, not en-
tred, made a feifure of them ; thenMr. Kfl/r, one of the Brokers of Rotterdam that fraighted the Ship, came
Exprefs into Zealand, and compounded with the Admiralty and the chief Searcher for One hundred and fifty
pounds; and fo the Goods were delivered aboard the Ship again, and 'paiA CottereUs Debt and Charges,that
he might proceed on with his Voyage for VuniffrJ^-, yet threatned him with a Procefs for all the Lofs andi
and Damages fuftained.
, The Wind continuing Hill contrary, and the Owners of Cotttrells Ship living in DunJ^irk, and the Merchants
there, who had the property in all the Lading, came alfo to the knowledg of thofe difaflers, then they fenc
away one Lerven Vander Feyden prefentiy by land, who was a Hmkir^r born , and a Privateer, well skilled in
avoiding the Sands and Banks upon the Flemifh CoaH,to be n Pilot unto cotterell, and to obferve his motions.
This Vander Feyden had a Chamber in Pirjer, where his Wife lodged, and he himfelf could fpeak Englifh
indifferent well; fo the Magillrates at.Dover, for fome rcafons, naturalized him for an Englilhman , and a
Publick Notary there had given a certificate that he was an. inhabitant with his Wife and Family in Dover,
although he fpent moft part of his time in Duni^iri^, and other parts.
; Now by this time Cotfrre// being divided in his own thoughts how to proceed in his Voyage, he adviled
with fome Englilh Gentlemen that he met in Middleburgh what courfe he (hould take; who, upon the firff con-
ference, direfted him to get a certificate from a Publick Notary at Camp-Veer, attefted before two Magillrates
there, that he was driven into that Road by flrefs of Weather, aud that the Wind had continued contrary
ever fince he arrived there: Whereupon cotterell carried both his Englijh Pafsports, and a Spanijh one, to the
Notary, to make a Certificate accordingly.. But the faid Notary, upon perufal of the Writings, knew that the
Ship mentioned in the English Pafsport was another Ship , having done bufinefs for cotterell concerning the
fame ; fo the firfl; difcovery was made: and information being then given to the Magiftrates that the Ship and
Goods belonged to the French,
Captain Cotterell defifted in getting a Certificate, and confidering the feveral afts of Providence that had
attended his indireft deCgns, he defired another conference with the Engiijb Gentlemen, wherofi my felf
was one, unto whom he difcovered the whole intreague, as follows.
Captain Cotterells Relation.
I. "T? Dward Cotterell declared, that in the late Wars between England atki Holland one of His Majeflies Frigats
fallen a Dogger Boat, called the Hound e/Sirick Sea, that was built jor Fifhing, which Dogger
was transferred to him by the Commiffioners of the Navy , and had a Pafiport for the fame from the Cuftom-houfe, figned-
by Sir ]ohn Shaw ; the faid Cotterell having named her the Edward and Olive of London ; in which Paflport
jairly ingrojied in Parchment was recited how the Ship had been taJ^en and made Vricce, and that in purfuance of twa
feveral Ails 0/Parliament (in fuch cafes) therein mentioned, it was lawful for the faid Edward Cotterell and his
Aligns to navigate with the faid Veffel as a free Ship belonging to His Majejiies: Port of London.
•. 2. The faid Edward Cotterel further declared , that he having lofi the Hound of Sirick Sea in the River of
Nantz, for fhort Entries as aforefaid, he travelled to Dunkirk,wfofrr he met fome acquaintaince, who told him, if he
had an old Paflport, Mr. Roufe and other Merchants there had feveral Vefftls that Were lately tal^en as Pritesfrom
the Hollanders, and confifcated by the Admiralty o/France, end he [hould ta^e his choice, and go- Mafter of fuch x
Veffel between France and Holland. So he found a Merchant Dogger, about the jame burthen that the Hound the
Fifhing Dogger was , whereof he tooi^ poffeffion, and gave her the name o/Edward and Olive, and left an authen-
tici^ Copy of his Pafport with his new Dunkirk Owners, and fo entred upon a voyage for Burdeaux, with fuch Sea"
men as be found in Dunkirk for his turn. After he had tafin in his Lading of Wine, Chefnuts and Brandy for Rotter-
dam , he proceeded on in his Voyage accordingly ,and at Rotterdam he received a Pafiport that his Owners had.
procured in his own name for him from Bruxells, to fecure his Ship (although pretended Englilh ) from ehe Offend-
ers, which was written in Spaniffi conformable to the contents of his Englilh Pafsport: A great dilhonour put
upon the King and the Crown of England, to have fuch Pafsports for Englijh Ships, that ought to be free
from the leaft moleffation in thefe times of Peace and Neutrality over all the world.
9. Cotterell/arffcrr difcovered, that Thomas Berry a Broilers Son 0/Rotterdam had been lately with him,
who was privy to all the faid paffages, and told him, that he contralled with two Burghers of flulhing, who had
a commiffion from the Prince of Orange and the States, to ta^e French Ships and Goods; and tVathe had provided,
a fmall Pinnace with n Guns and 20 Men, who (hould take him as Prixf, and that if he would comply with him
therein, he and his men jhould not only have their wages , but fome part of the Goods , which he rtfufed to do : How-
ever the faid Pinnace appeared the next day in the Road of Camp-Veer, and affrighted all the Fijhermen, and drove
them in with their Pinks, thinking that he had been a Dunkirker.
The next day after, Captain Cotterell deftrted his Ship, and took ^'■s opportunity to be gone in another Veffel that
Was bound for England , and left the Dcggcr and her Lading in the poffeffion of Lewen Vander Heyden, fc tak*
fortune of the Sea.
S Then
68 Fraud and Oppreflion dete&ed arid arraigned.
Then one of.the Gentlemen , who thought himfelf 'obliged to difcover thefe Frauds, and (iniller
Fraftices, applied himfelf to the Magifirates of Cm^-Vttr in order thereunto, and informed them how the!
i\ing of Gr(at Britain had been abufed by his Subjefts, and the Subjefts of other Nations. And if they would
befo juO, as to bring thofe EugU(hmtn'to condign Punilhment that were under their power, he would difcorer
thofe matters of fatt to them, that Ihould confifcatc the Ship and Goods to their State as free Prize. Pro.-
vided that one half part thereof fhould go to the perfons that Ihould be the Difcoverers and Profecutors there.*
of, according to a Placcart or Proclamation of the States in fuch cafe made and provided. Whereupon,
Monf. John de Maungnault Lord BalUw of Camf-Vesr agreed thereunto, and fubfcribed this Contraft following^
whereby he obliged himfelf, his Goods and Eliate to render one half of the proceed of the faid Ship and
Goods to Mr. Aaron H>.right, or. his Order, which was fighed in the prefence of Giorge Cartw, and Araeld
kyx Publick Notary of Camp-Far.
fhe Contra^,
Veer February 18. 167^. New Stile.
'3iCb ©nbetgetthtn llSelohc te betalen acn Aaron Wright oft fpne o^bethe tccftt htlft Dan tg'trat
31cb faU aacrc?pgtn Sntgena febet gbtp cn labtng l^etr Jleggentic cn ontbtcbt^ ®ae? toe Jcb betbinM
inpn fDetfocit en dSoetiejcn geen ^dptgc fonbett to t? conbe (©etepbent ale boben,
signed in the prefence of . ,
Giorge carew, T [) Maurcgnault.
Arnold Ryx, "
. The fame day the Raylnv with his Officers feized the Ship and Goods, andtbokthe Bill^ of Lading out of
the Captains Cheft into his pofTelfion , which were all figned for Dunl^iri^ , brought the Ship into harbour,
and fecured Fander Heyden and the Seamen.
The faid Baylew having by him all the relations afqrefaid in writing drew! interrogatories, and examined
Fander Heyden in the firfl place, who confefled the Ship was lately taken by the Vunkyr^ers , and made prize,
but was fold to him and other Merchants; that he was a T)un\irl^er born, and had married his Wife frotn
Rlufhing ■, that he was ari inhabitant at Dowr, where his wife at prefent lived, and Ihewed a counterfeit Pari-
port from Da-urr concerning the faid Ship which the Bay lew took away from him : yet perfifted that the Sfiip
was a free Ship 5 and therefore the Goods free alfo. Then the Seamen and others were examined to flic
particulars.before mentioned, who told the truth, and fatisfied the Magifirates therein : Whereupbii the Sifiiip
was unladen, and the Goods put up in feveral warehoufes, the Seamen paid their wages and difchargedL'
The Fifh were delivered to Mr* Bon de Later and Peter van Rofemale upon bail, to abide the Sentence of tTie
Court, and anfwerthe value j fo in order to a Condemnation, Admonitions were fet up in writing in feveral
places in Middleburgb, eanip-Feer arid Rlufning , that all perfons, who had any thing to fay or pretend to Ship
or Goods, they fliould appear before the lafl: of March, \6i6. or be condemned ih perpetual filence ; The
next Port from V.ngland after many common Claymors appeared in Englifhmens names, t«V. for Smith, Miies^
Caro\a,&c. and made protefls againli the Bay lew for Damages of the Ship and Goods: ButtheBay/fw fufiain^
that the Ship and Goods belonging to French,.both the Ship and Goods were prize; fo they were put to a
non plus : Then they combined together, and made Friends to Fenjionary and feme of the States Deputies
at the Hague, who writ to the Lords of the Admiralty, and Council of State in Zealand , to interpofe by thei^
power, that the Ship and Goods (hould be delivered without any Procefs at Law, or any Examinatioti of the
matter, in regard the Prafiice would appear fo grofs and fcandalous; fo the Lords and the Bay If tn by confcnc
left the bufinefs to the Arbitration of two commijjioners, who drew up a formal Order to reflore Ship and
Goods, to avoid the COntraft of the Saylew, who neverthelefs got his own fhire and moiety from the Claimdr's,
as the Brokers oi Rotterdam repotted, and left Mr. Aaron might and the reft of the perfons concerned to fue
the Baylew, or to lofe their time, cofls and expences without any other compehfation, but a reproach upon the
finifier praftices of the States of and Zfa/a«rf.
The Reader may infer from the pretiiifcs what manner of people the Hollanders and zealtnders are, even
from the Magijlrates to the raeaneft Burghers of all conditions, who are neither of them fenfible of any Honor
being a people that for their profit will encourage all manner of Forgeries and Frauds j and according to theif
old Dutch proverb value all perfons according to their wealth.
ISenjc ^cficlttt, of benje IDicf
i^ebt ghp gelt icb Ijfb u Ktf.
The meaning is, B< yi a Rogtie, tPhore or Thief, if you have money they love you.
Now the main End of this Difcourfe being to prevent all fuch praftices for the future, and to give the
greateft encouragement to Englifh Navigation; It is neceHary to have a Marine Regifter fettled by Aft of Par-
liament in all Sea-port Tov/tiiofEngland.Scotland zad Ireland refpeftively, from whence thefe advantages would
naturally follow to the King and his Subjefts.
i; That by an exaCi accomft i^ept of all Ships, Finaces, Tfetchts, and other veffels that are built in every fucit |
ports and places thereunto belonging, the number, jirength and value of all Shipping would certainly be '
^nown. j
2. By a retrolpeii made into all foreign built Ships belonging to Englifhmen , a perfeii difcovery would, be 1
made how much of the StocJ^ of the Nation is laid out with Foreigners, and what the penny amounts
unto that is paid unto the States a/Holland upon the fale of thofe Ships, I
3.' A i
Fraud and Opprefiion detefted arid arraigned! (5cs
3. A plrfiB d'ecompt in the fiid Regijler of dU Ships and their Lading that have been either lojl by florws of
fallen by Enemies , the Lofs aitd Damages of-the Subjiils c/England would appear, and ejpeciatly that the
Hollanders in the lafl war (-begun on ehe year 166%.) tooifi 1500 jail of Ships jmall and greati with their
Goods and Lading belonging to the King and his Subjtiis,
4i That if all Seatnen, Eifhermen and Ship boys, fkom the age of 10 years to 60. belonging to every Sea-port' or
places next adjacent, were duly regijlred in every fuch port wheremto they belong, with their feveral qLlia
fications: The Strength and Naval Power of England would be exailty \nown , and His Ma;efiies Fleeti
upon all occajions fuddenly furnijhed upon Jhall advances to poor families.
5. If all original Bills of Sale ,-md other i affignments of parts of any Ship or Pinace, &c. were entred in the
faid Regifler,-paying the $otb penny to theKiag^ to be imployed for the'better maintaining the proper Ports,
all Frauds tvould be prevented^ and the Banil^s^ wharjs and Bridges better repaired,
6. Taat all Abjlrads of Charter-parties , and Contrails for Bottom Ree being entred in the faid Regilltr, Monies
may be the better fecund ufon Ships and their Voyages than at prefent they are,
7. That all Ships failing with His Majefties Subjeiis , on the greater number, of them, under, the notion o/Eng-
lifh, Irifh or Scotcli Owners, which are not entred in the proper Regifler of the Port whereto the faid Ship is
pretended to belong, jhall be made pfitt, both Ship and Goods, let the property be in any perfons wbatfoever.
• f ^ ^
8. That it fhouldke Felony for any o/His Majeflies SubjeBs, Captain, Mafter or Mate, that [haU after fuch aday
certain, wiUingly or wittingly colour any foreign-built Ship upon any Voyage wbatfoever, under the notion of
p. free Englifli Ship , that is not bona fide fo by AB of Parliament, or by fomt other fpecial Grant of the
King J and alfo entred in the faid Regijier accordingly.
f. That all Englifh common Seamen, under the. degree of a Boatfwain, that (hall willingly ferve in any fuch foreign
mfree Ship , that goes under the notion of an Englifh Ship, fhaU be condemned for the firft offence to fujftr-
fix months Imprifonment, there to wor\for poor aged Seamen-, and for the fecond offence to be fentto Tangier,
or Jamaica, to yvort^feveu years without Redemption for benefit of the faid poor Stamen.
10. That from and after fuch a-timt certain, it jhall not be lawful for any of His Majeflies SubjeBs to buy any
new Ship or Veffel whatfaever foreign built, excepting they be within tbemmber of thirty Fly^boats, to be up-
pointed only to fetch Mafis and long Plants from-Hovvnyiand parts adjacent. And if any perfon wbatfoever
(after fuch a time certain) jhall notwithfiqnding offend againji fuch a Law, he or they (hall forfeit the faid
Ship, with her Tackle and Apparel, one half thereof to the King, and the other to the Informer j moreover,
and bejidts One hundred pounds to the ufe and beneft of poor and aged Seamen,
By thefe means Englifh Builders would be incouraged, and the Hollanders difappointed of'
the 4otfi penny taken from us for the States benefit upon all Dutch Ships bought of them 5
England would become the great Magazine for Shipping in the world ; Land would be im-
proved. Rents of Houfes increafed, all Foreign Workmen invited to come for England, and
snany thoufands would be confiantly imployed about Cable-yarn, Sail-cloth, and all kind
of Manufaftures, and Utenfils belonging to Navigation, which now draws away the ready
money out of England.
■ But it is objeded by Englifhmen , and even by the Colliars at ipfwich, the chiefeft Town for the Newcaflle .
Trade , that a Ship which cofl,.i2oo pounds flerling, built and fitted at Surdam in Holland, with Sails, Ropes,
Anchors, Cables, &c. vvill better fervice (pro tempore) than an ipfwich. built Ship of the fame burthen, that
mufl cofi 2400 pounds flerling and upwards; fo diat 1200 pounds may be; faved -in Cafh , to be: otherwife-
imployed. And they further affirm, that the Foreign built Ship, being made of lighter-timber, draws not fo
much water, fails falters, tacks about eafier, and is navigated with fewer hands, and fo may perform a Voyage
at a cheaper rate by the confequence of lefs Viflualling and Wages.
Admitting all this to be true , yet it doth not confifl with Reafon, or good Policy, either for the I^ng or
Kingdom to fuffer Foreign built Ships to be bought abroad, and brought into England, _ j
There,is this one Argument in Anfwer to all Objeftions wbatfoever , vi-x.. That aooo pounds.laid out and
expended in building a Ship at Ipfwich, or any other Englifh Port, is of moreconfequence and advantage to the
Common Wealth of the Kingdom,-ihoti if the Merchant could buy a Ship of the fame burthen out of theNa-
tion.for.a tiprd part pf the money : fbt in the one cafe, fo much ready money is imployed at home in a cir-/
cular motion, many hundred people kept at workjthat carry,a:h'& money to Market again , the Farmer gets a
better price for his Corn and Cartel, and the Landlord a better Rent for his Farms,when the common people
are conftantly kept at work in their own Counties.
The Interefl of England is the Naval Power by Ships of their own building , and Seamen of their own
making. The Hollanders are of that principle, not to fuffer any Dogger boat, or Herring burfe, to be brought
into their Country for ufe of their Fifhermen upon any terms whatfoever, notwithflanding they im ploy 1800
for Cod and Herring every feafon, and have not a flick of timber growing in their own Land towards the
building of a Boat. , > .•
The Dutch Excizes would fuddainly fall to nothing , if there were not fo many thoufands confiantly im-
ployed in building, and working upon aU kind of materials for Fifhing and Seafaring, who makes fuch a great
cohfumption of Corn, Wine, Beer, and all forts of provifions, that raifes the Revenue to the State.
'Cficrc in -pet another flDbjctffon ratfct bp Englifhmeri , that there are net places enough no? Car=i
penters fufftctent to builtf the ^hips that thcte are occaCon fo? at t3?trent in England, inhtch is a gooh
fault, anb tnap be Inell reinebieb; l^oufc=€arpenters, 3Popncr®3 anb all labouring men that tnant
too?fe, tooulb help to heto, cut anb fall) at fuch a bcab lift. llBut inanp ate of opinion, that iijme
Carpenters get mo?e menep in England bp tticnbing olb Dutch ,^hiPS'i than bT buUbingncli)
S s anb
•?(D Fraud and Oppreflion detefted and arraigned.
snt> tl)eTefb?ettioultiftiU encourage d^ebui'tng of Dutch ; l^otoebcr Englifh a^etchantif fount) tt
bt fat> tl)t0 laftcaitntcr, hoto tl;e ^ce in the 5)0uti)Cttt 5)ea, bettoeen tfje Texelanb Amfter-
dam, beat the thin Cneb JFl^i^llgoat of John Keble in piecea, to the Steat lofoanb bamagea both of the
5Ftaight« ant iLabing.
. But abovi ill this, Englifhtren, Scotchmen,, Irirtimen, Spaniards, and Frenchmen would forieirrumngti
Snrdim and othtr places inHolhttd to buy Ships, the people there would [oon cry H'or^for a Ship-Carpenter, andleavi
the Low countries to come and dwell in great Brittain or Ireland.
There are feyeral things that may be further (aid in defence of English built Ships, and Engli(h Se3,tnen, which
have the reputation in the Mediterranean Sea, beyond all others in the world, and can fooner get Fraights
for Trading Voyages, from Port to Port,than any other Nation whatfoever,for tliefe Reafons following,
J. In regard Englijh Ships being flronger built, they will induce the bloWs of Jrgier men better than any
Dutch bottoms.
2. That Goods are preferved in Englijh Ships better from damage of Salt water, and carefully flowed> by
more hands than are in Dutch bottoms to work.
3. That Englijh Ships, being better Manned, they feldom lofe a Ship ^or want of fighting, which the
Hollanders will often yield up by their fmall numbers of men, and little courage in defending Mer-
chants Goods.
4. An Englijh Ship will indure twice the age of a Dutch bottom fo what is got in the Hundred, is loft itt '
the shire. \
y. An Englijh built Ship cannot be Counterfeited,neither can an Englijh Seaman change his Countenance
or alter his Dialeft without difcovery. Wherefore under a good regulation in Shippiiig , no man can
lay out his Money with greater fecurity or advantage.
6. At Eiga and other places in the Eajl-countrey, the Hollanders hnv'mg fpoiled the Trade, mofr
of the Pitch, Tar, Hemp and Mafts, are bought up by the Produfl of Dutch pickled Herrings, and their,
own Spice ; The Englijh Woolen Manufaftures being undervalued, and neglefted , we are forced to
go to Market there with ready Money for all kind of Materials for Shipping.
7. Therefore it is moft convenient and neceffary, that all Heaths ,and Barren Grounds (in Sufolf^, Norfoll^,
Lincoln, Torl^, and other Northern Counties) within ten Miles of the Sea, (hould befet orfownfor
Groves of Firr-trees, the foil being as proper for it, as Norway, Denmari^, or Sweden, and other
Ground as ufeful for Hemp as any part of the Eajt-Countrty.
It would be of great confequence to England, if Ships of War might be fitted with all things
of their own growth •, but fome perfons will be ready tpobjeft,thatit would not only hinder
the l{ing in his Cuftoms for Pitch, Tar, Hemp, and Majls, but Seamen in their Navigation to
thofe Parts from whence they are brought into England. As to the Imployment of Seamen
and Shipping, it would be rather more than lefs, befides many Thoufands of Labouring men
fet on worki Fraights from Northern Parts in England would be conftantly had as they are at
this time from Norway and the Eajl-countrey, and to all Parts of Great Brittain. And as to
the Revenue that Ihall be wanting to the Crown in the Cuftoms of what Goods fhall be
expended at home, of their own growth, may be compenfated fome other way; And England.
being an Iftand, the Inhabitants ought to ftudyall advantages to preferve themfelves, and
imploy their own People at home, rather than to let them fell their Skins to the French and
Dutch for Stivers and Sols Marks in Foreign Wars.
- '. J' • . '
Imperator Maris efi tgrrie Domintis. And although tdonfiem peter fTall^inier in
his laft Hiftory of the Wars in Europe, fays. It's an Infolency beyond meafure in the
Ejiglijh to demand fuch a Duty of Obfervation to the Kjngs Ships from the Hollanders,
and wonders from whence it had its Original or Prefcription, which is the grcatcft
Argument that can, be againft him, it being beyond the memory of man, or any
Records to fet forth the Original of that Veneration, andrcfpeft fuccclhvely fticwa
to the Emperor of the Seas, r«fiding in Great Brittain.
To
Fraud and Oppreflion detefted and arraigned; yr
To hisExcELLENCYSir Lionel fenhjns, Judgeofthe
'Prerogative Court, and the High Court of Jdmiralty
of England^ and one of His Majefties Plenipo-
tentiaries, as Mediator in the General Treaty at
3\(jmegen.
May it pleafe your Excellency^
S Dominion and Soveraignty remains in Kings and Em^erours ; fo
there is a . property rejiing in the Snbje&s. It is not mknown to your
Excellency^ that the Laws of Nations, and more particularly the
Laws of England, are Ledges and Ditches to the Rights and fn-
tereJlsofEngYiihmen, even as the Ocean and Naval Lower are the
Trenches and Bulwarks of Great Britain. There is a Law and
Cuftom amongji Merchants^ that if any mans Goods he thrown over-
hoard in a jlorm or dijlrefs of weather to preferve the reji, the whole Le ading is brouq^ht
into a common Nvarage, and every man pays his proportion according to the value
of his Goods. It is Ukgwife fo in cafe of hire, although a Lotife being pulled down
to fave other from the flames^ the Neighbours adjacent are brought into a Contribution
towards the rebuilding : But what Jlrange fate and misfortune the two Ships the Bona
Efperanza andWemy Bona Adventura are fain into between Fire and Water^ isd jub-
jeU both of Grief and Wonder.
When I conjider the feveral Millions of Founds jlerling which were raifed in the
Tears 1665, 1666, 8cc. by the Commons England to repair the Damages of thoje
two Ships, and other Loffes fujlained by His Majejiies SubjeUs, which were proved
in Larhament. I prefume there was fame good hope in that Adventure of fo much
Money advanced (whereof the due Fees to one Officer of State for receiving and
iflliing out the fame, amounted unto Fourfcore thoufand pounds Sterling) yet no
Returns came to the Owners and Lroprietors of the Bona Efperanza and Henry
Bona Adventura.
Afterwards in the Tear 1672. Thofi two Ships were put to Sea again with frejls Sup-
plies from theLarliament, and the Kings Royal Word and Signature, that SatisfaHion
fjouldbe returned to the fujfering Larties in that particular Cafe of the Bona Efperanza 5
being the only Debt ajcertained and injured for reparation under the Great Seal of
England ; yet no EffiBs came home to the Lroprietors in this Age of forgetjulnef.
Tour Excellency may well remember the particular Infru&ions given to your L,0rd-
Jl)}p by fpecial Orders from the King and Council, for full Refiitution in that Affair,
during the Treaty at Cologn, when your Lordfip was there one of the Embaffadours
Extraordinary from the King of Great Britain : And that a Treaty was concluded at
London in your abfence, upon a Lromife and Covenant from the Queen of Spain and
the States General, to pay Lis Majefly 800000 Lattacones', yet no manner of accompt
thereof hath been made for the Bona Efperanza and Henry Bona Adventura.
I will not trouble your Excellency with any Repetitions in the feveral Cafes afore-
-faid, only refer you to the AbJlraUs of the refpeUive L roceedings j and more particularly
to the matters contained in the "Jth and Sth Lages of the frf Roof, relating to the
furisdiUion of theLrercgative Court of England; and to the 14/A and I'^th Lages
of the lame Boo f, concerning the BaUance of an Accompt, whereuponfujiice could not
be obtained in YioWmd. or TLe Annli , although in Cafes of Contra&s , and Civil Cam-
inerce at home : Then pleafetoperufi the Letters Latents for efpecial Reprifals, recited
T in
y2 Fraud and Oppreffion detected and arraigned.
in the 1'yth und iSth '^ages for lAaxitine Ajfuirs abroad^ and your Excellency wili
find that xve could neither get our Right by Zjund or Water.
Jt fcen/s a very uncharitable to the Creditors of Sir William Courten and
<57r Paul Pyndar, and contrary to all Moral Z'rinciples, that a parttcular Right
fisould be given avpay for a general good, without any reward or compenjation tothe
Rarties grieved. And that CourtenV Right, with the rejl of the ^Proprietors m the
Bona Efperanza, fijould be made ufeful to create a War, and the fame Right fufpended
to make a Peace. And even again that very Right revived towards a fecond War, and
fufpended again for a fecond Peace, without any SatkfaUion or Reparation in the
leaf towards the Principal Debt, Colis, and Damages fiijiained by the Perfonsinte-
rejjed and injured j which plainly demonflrates that there was a great Qmijfion on
both (ides.
I am now obliged to j'W/r Excellencies further patience to perufe Page 61 in
the fecond Part of this Book^^ wherein your Lordfdip may find a P refident of Infolency
from the States of WoWznd, in their Tetter to the Courts of Judicature in Amltexdam
and the Hague , exprefly forbidding the Judges there to do any Jufiice to Sir. Fletcher
or any other Perfons whatfoever, or to receive them into Judgment upon their particular
Actions depending at Law, and mentioned in the folio following ■, and Jo at one blow
would dcfiroy all Commerce and Mutual Society by their own forced Interpretations
of the Treaty Breda, and the lafiTreaty at London.
Ifioall not mention any mans mijlakes 5 yet think^ it convenient to intimate thus
much. That it is the interejl of thofe Perfons who have made their Fortunes by Dutch
Wars, to contribute their beji Endeavours tocompcfe the Civil Differences between the
SubJeUs <?/England and Holland, fo long depending as aforefaid. There h one Qbje-
Uionmade by a very Eminent Perfon, who fays. That the Claims beingthirty years old
Jhould he forgotten. The Argument is fo much theJironger againji him, and our grie-
vance fo much the greater, having lived under a Government, where in regard of
our Loyalty we could not be proteUed, notwithjianding we continually purfued our Right.
And fince the Kings Reflauration, have daily cryed out for Jufiice, and cannot yet be
heard, or find out the man that will do us any good. A mofl miferable condition for
Englifhmen, if fuch Accompts for Childrens Portions, drawn out (^England ^ Bills
of Exchange, Jlxould be put upon the back/ide of the Book;
1 will not hold your Lordjhip any longer upon perufingwhat is written in the two
former Parts of this Book., but proceed to the laji Part, and acquit my felf tothe
World, both in point of Trufl and Diligence, for thofe Orphans and Widows that are
iunder my Care and Charge,and mentioned in the Schedule of Creditors hereafter recited 3
onlyl befeechyour Lordjlnpfirji to cafiyour Eye upon the Twelve SeleU Articles of the
General Peace concluded at Munfter on the (^/January 1648. with my Speculations
thereupon,and thofe other Patents and Difcnurfes following that concerns the improvement
of Navigation andTrade, which being (eajbnably confidered and applied in thisJunAure
of time, with the Approbation ofParliament, they may prove more fuccefsful towards the
jufi Reparations from our Proud and Malicious Adverjaries, than all other courfes what-
foever attempted heretofore againji them, and will mofl certainly anfwer the ExpeUa-
tions of all men, who defire to promote the Eonour and Interejl of England , amongli
whom your Excellency, the Generality of Great Britain,w highly ejieemed a Principal
Votary , and more particularly by him that is.
Right Honourable,
' Antwerp
ApriUj. lOTj. • n I 11 n
Your Excellencies molt humble Servant
Georee Carew.
Fiaud and Oppreffion dete&d and arraigtled.
Twelve Seiecft Articles taken out of the Treaty of
Peace concluded the Thirtieth day oi January, 1648. in the Town oEMunjiei
in Wejifhalia, between Thilip the Fourth, King of Spain, and the States General
of the United Provinces, with (bme Speculations thereupon.
H E Navigation and Trade to the Eall2X,&vi>e^-lr.dit$?cA\\ be maintained,its conformity to
thofe Grants or Patents given or to be given by the StattsSor (urety whereof fliail fcrve
- this prcfent Treaty, and the Ratification of it, and under this Treaty (hall be compre-
htndtd all Potentates, Nations, and People, with whom the faid Stutesi or the Eafl
and iveft-lndia Companies in their naine,vvithiii the limits of their Patcnt,are in amity
or alliance. And the laid King and States ihaW refpcftively remain in poftflionof all
tliofc Lordfhips, Towns, Caftles, Portrefles, Commerce and Trade, in the Edjl and
Wefflndies as alfoupon the Coafls of Erafd, ^fia, Africa, and America, that the faid
King and States do now hold. And in this Article are particularly comprized all thofe
Places and Forts, that the l'ortugue(es ever fince 1^41. have taken from tlie States •, as
alfoarecomprehendsd all thofe Places that the faid States fliall hereafter take, conquer and poflcfs, without
infraftion of the prefent Treaty. And the Curators or VirUiors of the Eaft and Weft-India Companies of the United.
Provinces •, OS alio the Officers,Agents,Soldiers, and Mariners.being at prefent in the Service of the (aid Companies,
or having been fornlerly employed by them*, and all fuch as being now out of their Service,and do live within the
juriidiction of the faid Companies, (hall remain free and unmolcfted, in all places under the obedience of the faid
King in fwropSjand may travel, trade, and be frequent inall places, as all other Inhabitants of iht States^ Befides,
it has been Stipulated and Agreed, that the Spaniards retain their Navigatiofi to the Eaft-Indies, in fuch manner
as it is now for this prefent time, without the liberty of extending themftlvesany further. As alfo the Inhabi-
taius of thcfe Provinces (Itall abftain from frequenting the Places that the Caftilians do pcfTefs in the Eafl-Indies.
The Direilo'^s of the Eaft and tfefl-lndia Companies by their interefls,influences,and (hares in theiiovernment o/HoIland
and Zealand, dp govern all the States General. And thofe DireUnrs having the Adminiflrations of the Stocf^s,
prefer their oytn Friends in all manner of refpefis wbatfoiver. And its a grand injohncy in them to fay that
the Spaniards fhall retain a flavigation to the Eafi-lndies (their ancient right by Viicovery, vpithout fx-
tending themfelves any further. They have not only given Lavas to Spain concerning the indies, but to moft Parts
of Europe, through the negleU or miflakes of feveral Princes and States that have fuffered them ^ jo to infult
and encroach upon their Rights and Interefls.
X. The Subjefts of eacli (hall refpcftively enjoy all freedom of Jfeagts, that they were in poffefTion of before
the beginning of the War.
A Peage is an old Saxon word, fignifyinga right 'to tal^e toU through a paffageby Land or Water, in any,
particular mans Lordfhip or Royalty. This the High and Mighty Lords thought was a. very great Condeflentiort
in them to fufl'et, after jo many Vibtoriis and Cinqueftj over the Burgiindians,
XII. And after the day of the conclufion and ratification of this Peace, the faid King (hall no longer enjoy,
upon the Rivers of A'foiKC and thofe Cuftoms or Peages, which before the War were under the jurifdiflion'
of my of the United Provinces-, particularly, the'Pcage of Zealand, which (hall not be levied for his Majefty,
neither in the City of Antwerp, nor any where el fe; upon con diticn that from that day forwards, the States
of z ealand lhall take upon them to pay the annual Rents, to thofe to whom the faid Pcage was mortgaged, before
the year i y ys. which alfo the Proprietors of all other Peages, if they be charged with annual Rents, (hall do.
Here the States would ta^e the Royalty to themfelves, againji the Laws of Property -, and would become Tenants
to feveral perfons, whether they would or not out of a deftgn they might be Jaid to he Conquerors of the Sea
as well as of the Land, by (hutting up that famous Navigable River the Scheld, and [hutting out the Eaglifh
from Navigating therein,
XIV. The Rivers of Scheld, as alfo the Channels of zas and zwin, and other entries into the Sea thereabouts,
fhall be fimt up by the States-General on their fide.
This Article doth impofeupon the Ring of Spain, but not upon the Ring ofEoghnA -, who grants, reciprocal
Advantages to Flanders, Holland and Zealand, for the Freedom of the Ancient Navigation, to Antwerp, Brugis,
and Gant 5 witnefs thofe, Priviledges allowed in the Free Fijheries upon the Britilh Coafts,
XV. The Ships and Goods coming in and going out of the Harbours of Flanders, (hall be taxed at the fame
rate as the Ships and Goods going upon the ScfoeW, and the, Channels named in the above-written Article; and
the proportion between biith Parties (hall be agreed upon hereafter.
This Article is made [o General, as if it jhould concern the Englifh Ships as well as the Dutch although
Great Britain neither Principal or Party concerned in that Treaty, as theFreneh were, (although excluded
from any benefit) which they yet very well remember to this day.
XVI. The Anfeatic^orHantc^Tovivs, with all their Citizens and Inhabitants,fhall enjoy, as to Navigation and
Trade in Spain, and all the Kingdoms «nd States thereof, all the Piiviledges and Immunities granted at prefent,
or that (hall be hereafter given to theSubjefts of the United Provinces. And reciprocally all the Subjefls of the
(aid (hall enjoy the fame Rights, Franchifes, Immunities, Priviledges, alid Capitulations, as vvell foe
the eftablifhing ofConfuls in the capital Towns or Sea-Ports of Spain, as for their Merchants, Faftors, Mafters
of Ships, Mariners, or others; and that in the fame manner that the faid Anfeaticl^oT Hant7.TovitK in gencra!,or
in particular have heretofore praftifed or obtained, or (hall hereafter obtain, for the fafcty and advantage of the
Navigation and Trade of their Towns, Merchan 'S, &c.
Obferve here the Hollanders Pride. H amburgh, Dantzick,Riga,Breamen, LubeckjCh'c'. [hall enjoy the Liberties
andfreedom of Trade and navigation ^aSpain by the Grace and Favour of thofe Highand Mighty Lords, whofe
Ufurped State is not no years old-, pifhermen yefierday, and now Princes and Emperors of the World', It waq
. hightitne for Soveraigns to tai^e down thefe infolent Boars, and Upfidrts of a Rebel race. XVII,'
y4 Fraud and OppreflSon detefted and arraigned.
XVII. Likewifethe Inhabitants of the Countries of the faid States, (hall have the fame liberty in the faid
Sing's Dominions, that the Subjefts of His Majefty of Grwt Brzfaz« doenjoy, by the Articles in the laft Treaty
of Peace made in fecret, with the High Conftable of Cajlile.
Ihis is an Impofition beyond all reafon, or meafiire of common Civility. The Hollanders will have the fame
Friviledgts in SfUnthat the EngHfh do en]oy , although tho/e Liberties are enjoyed by jpecial Grant to the
Subjeds of Great Britain in the Province o /Andelu(ia ,iZBzi were Purchajed for a valuable confederation of Money
advanced to the Tsfing of Spain by Engli^ Merchants ■, befides^ the Hollanders have no Ports to gratifie the
Spaniards in Europe, as the Englifhhave, z"« rfiz Eaft-Indies they obliged the Spaniards to abandon any
Trade with the Englifh, efpecially to let them have any Spice, In a general Peace at Nimegen, thefe things
ought to be better conjidered, than they were at the Regulation of Trade at London, AnnoxSyiy,, which was
tuned only into aTreaty Marine, after all the Blood and Treafure fpent for an Aromatical regulation,
LXIII. The limits in F/iZK^rn and other Places, (hall be fetoutfo, that the Parties mayexaflly know under
what jurifdiftion they are.
The Hollanders by their Jtirifdiilion in Brabant and Flanders, have not only [polled the Trade of the Chief
Cities there, which the'EngViih formerly frequented-, but have made zz/.( Brabant aai Flanders ffcrzr Frontiers,
and a Bulwarl^between the States and France ; fo that zzow Flanders is eaten up by Armies of both fides, while
the Hollanders keep themfelves free from thelnjohncies of Soldiers all the Sommer, and afterwards ta^e away all
their Money for Winter quarters.
LXIV. On the fide of the faid King of Spain, (hall be demolifhed near the Since thefe following places and
Forts, vir^ the Fort of St. Job, St. Donas, the Sfar-Fort, the Fort St.Terefe, Sr. Frederic^, St. ifabelia, St. Paul,
the redoute Papemuts. And on the fide of the States General, (hall be demoli(hed the following Forts -, the two
Forts in the Ifland of Cadfar.i, called Orange and Fredericl(_, the two Forts de Pas both upon the River of
ontheEaft-fide (^except izTzo^ and the Fort a K,ze(irf^» cdWeA Spinola, touching which Demolition, it
fhall be agreed between the parties to fet out an Equivalence
Mojl Nations applaud the Policy of Holland by [lopping up fne River Scheld; hut do not lefs admire at the
Councelsin Great Britain fo fu^er it atfirfl, and much more fince the Kings Reflauration, and now moflof all
fence by the fifth Article of the laflTreaty Marine, the Scheld is fet open and free to the Engli(h Navigation j
notwithftanding any Ships of War, Forts, or Caflles whatfoever.
LXVI. The jurifdiftion of the 'Water fhall be left to the Town of Sluce, as it hath of right belonged to ir^
LXVir. The Dz'^af traverfing and flopping up the River Zozzf, near the Fort St, Dozz<w, (hall be taken away by
making a Zas, touching the Giwde of which Zas it (hall be agreed upon, as touching the Demolition of
the Forts.
There is a Deceptio Vifus in thefe two Articles (jSIuce^ kttpj the JurifdiUion of the waters belonging to it,
■which was anciently the Port ofEngM, but now [iopt up- Tet in Times of War with England, St. Donas is
the only Port of Trade -, all Goods from Holland and Zealand, to avoid danger, and talking at Sea, go that way
foOaftend, and from thence to England, and all other Parts •, fo the Hollanders Traded freely by that Road
■without difcovery,but now France Fights both with Spain and llo]hnd,The Englifh Ships are become the Holland.
Drudges, and EngUfhmen jell away their Birth-right for Pottage to Jews and Pagans, by Loune dragging.
LXVIII. In this prefent Treaty of Peace (liall be comprehended fuch as before the exchange of Ratifications,
or three months after, fhall be named on both fides; in which time the faid King (hall name thofe that he (liall
think fit: but by the States are named thefe following •, the Prince Landgrave of Heffe-Cajfel, with his Countrey,
Towns,elff the Count of 0()/?/rze5t^f, the Tovin of Embden, the City and Countrey of Ocftfrieii^e, the Anfeatici^
or H<z«f^ Towns, and particularly Lzzkc, Bremen, Hambourg. And the faid Sfafra do referve to themfelves, to
name fuch others as they (hall think fit in the time prefcribed.
It is very remarkable, the Hollanders did not nominate Fnghr.d, Scotland, Ireland, or any of the Dominions
belonging to Great Britain in this Treaty -, they had a Jealoufie of them for the Injuries done to the King and his
Subjebls, having taken all advantages in the times of Inte^inewars and Troubles in Fsi^avA to make their
own Fortunes out of Englifh RTiines-,yea,even to fpoil the Bona Efperanza ahroad,and the Henry Bona Adventura
in the year i6/r^. while the SubjeSs of GrcatFutmn were weltring in their own Blood at home, thathadbefore
fpent fo much in the Service of thofe injolent and ingrateful People, who indejpite of the Crown of England
dragged the Kings Colours through the Streets of Batavia, that were granted as an Enfign of fpecial Grace and
Eavourjo he carried by the Proprietors in the Bona Efperanza, and other of Ceurten'i Ships. And now at lafl
after the Expence of fo much Blood and Treafure for regaining a SatisfaClion or fomeReflitntionfor all the Injuries,
Loffis, Damages and Offences before the year 1674. there is only 800000 Pattacons to be refiored by the lotb
Article of the lafl Peace. Tet the Hollanders would have it go in Satisfa5iion to the Prince of Orange, for
Debts contracted in Amfierdam by his Father and Grandfather,(for Arms and Ammunition fent to England)i(z(«
to their Subjects -, And leave the Proprietors and Sufferers in the Bona Efperanza, without any hopes of Satisfa-
Clion or Reparation whatfoever.
The Hollanders will lofe no time or opportunity, either in Peace or War, to benefit themfelves ■,
as may be feen itrthe Patent following, granted by the States-General to thcWejl-lndia Company;
Two Advantages they propofed in that Junfture; The firft. By reafon of the Wars in the Coun-
tries adjacent, the impoverilhed People would gladly take any Imployments for fctlingnew
Colonies. The fecond, That by reafon of decay of Trade in their own Provinces, many rich
Merchants who had gotten their Eftates by the fpoils of Nations, would be willing to employ
their Stocks abroad, rather than let their Moneys lye dead at home ; Englifhmen ought to lay
hold now of thebefl: opportunity that ever was put into their hands, to curb thofe infolent
and covetous People.
The
Fraud and Oppreffiori detected and arraigned.
The PATENT, Granted by the Hig h and Mighty
Lords, the States General of the Vmted Provinces , unto the Weji-India
Company, Dated the 20^'^ of September,, 1674.
TranJIated out of the Dutch Origiml into Englifh.
States General of tflO United Netherlands, 2Coall tO thofo |S?rfent$
Cian come, Greeting : SDo Certifiie that toe haOe founo by djcperietice, tljat the
toelfate ofthefe Lantio,Doth confitt berpmuch hj» the i^abtgation anb Commerce
of tho goob 3lnhahttantis x ^nb alfo, that the faib i^abigation anb Commerce
to remote ^Latibo anbtDtllrttfO, canttoteafflj beabbanceb, pjotecteb, anb matntaincb bJtths^
out the common help anb afftftance of feberal conCberahle 3nhahttanto, unlteb together foj
that purpofe x Sto bohtch enb > m habe h^tttofoje by a fpecial patent erecteb a Central
Weft-India Compan? of the fato Snhabitanto. i£ttt finbtng the affair of the fatb Companp
becapeb, through feberal ^ifaftero, anb that the Parttctpanto are fnhollp bifcourageb to
continue the fatb Company t lilllhcrefoje toe habe thought goob Coat only) not topjolong
the fatb patent, toljtch erpireth the laft of September, 1674. but to btffolbeanb aboltlh the
faibCompany i yet toilling that our faib 31nhabitants, anb efpecially the participants anb
Crebitojsof the afojefaib Company, Ihoulb be pjeferbeb not only in thtir afojefaib il5abtV
gation, Commerce, anb SCrabe v but alfo that their Crafficfe, ilabigation aitb tho ^aleof
Manufactures of thefe iLanbs might increafe as much as poIfible,efpecially in Conformity of
the 2Dreaties, Alliances, Agreements anb Cntercourfes> on the ^rafficfe anb d^abigaticn
toith other Princes, Mepublichs anb jpations heretofore mabe ?> which we will that they be
pundually obferved and followed in every particular : toljerefore Ijabing buly COnflbereb
thereof, 2Chat toithout the help, affillance, anb means of a Ceneral Company, little fruit
can be reapeb, protecteo or maintaineb in thofe parts hereafter befigneb, by reafon of the
great ©a^arbs, Pyracies, Cttortionsoj othertoife, tohich happen on fuchlong tKoyages.
§n confiberation tohereof, anb for other pregnant Keafons us thereunto mobing, toe habe
after mature beliberation in Councilrefolbeb, That the Navigation, Trade and Commerce
in the Parts of the tVeji-Indies, Africa, and other places hereafter defigned, from henceforwards
fhall beufed in no other way than by the United Power of the Participants, and Creditors of
the aforeiaid Company, which ihall be willing or incotiraged therein, or others inftead of
thofe that are unable or unwilling to furniih their Moneys, being Merchants and Inhabitants
of thefe Lands: Anb to that onb ad^etoCcneral weft-lndia Companylhall bo orccfeb j
tohich toe, out of our Cngularaffertion to the common toelfare, anb to preferbe the3nhabis=
tants in their 2nrabe> toljom toe toil! maintain anb alfift toith our help, as far as the pjefent
Conbition of the Countrey toill permit. Anb to that enb grant unto them fufficient potoer,
toith Pjibilebges anb Coemptions, hereafter follotoing, viz.
Chat coittinuing this pjefent Age, that is, until the year 1700. incluCbe, no Native or
Inhabitant of thefe Countreys, othertoife than in the name of this tKniteb Company, Ojall
d^abigate OJ iCrabe out of thefe United Netherlands, or other Places toithOUt the fame, to
the Coafts anb Lanbs of Africa, to be accounteb from the TVay/co , to the height of
Thirty Degrees Southward of the Equinocftial Line, toith all the 3iflanbS fcituate anb lying
in that biftrict on the faib Coatts; anb namely. The lilands St. fhome, Annehn, Ifle of
Vrincipe, and Fernando Tola , aS alfO tho plates of Ifekfbe and Bammerona, laying on the
Main of America, as alfo the lilands Cmacoa, Aruha, and Buonaire : P^obibeb that the further
Limits mentioneb in the foregoing patent fhall be open anb free unto all the inhabitants
of thefe Countreys toitljout any referbe, to i^abigate anb snrabe unto the fame at their
pleafure. Altoayes pjobibeb, that tohenfoeber the Eaft-India Company of tljefe Ptobinces
Wl i^abigate unto, ano Cccupy befoje any other,the iflanbs fcituate bettoeen the Coafts of
oifrica and America from the Afcenfion Southward^ iChat then a Patent fiE)all be granteb UntO
them, Excluding all others foj fo long time as they (hall effetftbely polfefs the fame^as alfo in
lihe manner C[)all be granteb unto the fatb weft -india Company , all oj any of the afojefaio
tin illanbs.
7 6 Fraud and Oppreffion detected and arraigned.
fCiatiug, tn cafe tfjep fljail firtt t)ai3e tlje real anu actual ^offeFien tljereof, cj by defcd: of
both, Dj leahiug of t^etr ^offefCon, tlje faio S^anoa fljall remain ano appertain to tlje place
of tlje fecono Chilis, inbicb map be 315apiga.teti by particular Perfons paping l^.eccgni'jance,
referring to uo tbe potuer of granting patent, to anp particular Subabitant? of tbefe
Countrepo mbicb fiiall fettle anp Colonies initbin tljefaib ILimito toljere tlje faib Com.pa^
nie? babe no real noj actual ^olfelfion, in fttclj fojm ao me Ciall tljinb fit.
^jobiaeo tbat tbe fain particular SCraoerb, trbo fljall SCrabe unto anp of tbe places befoje
tttentioneb, toitljin tlje faio lltmitgi, mitbout our particular JLicence, fljall in fucb cafe
acbnomleog tbefaio weft-lndia Companp, anb be obligcb to pap unto tflem fucb S?utp of
Cuflom, bp map of Keccgni^ance, ao tbefaib Companp botlj attljio time receibe, bp reafon
of tbe faib STrabe, Viz. For all Goods going to Nerv-Netherlands^ and coming from thence,
three pfr Cm, And for the Wares going to the Wefi-Indiet, and coming from thence into
thefe CountreySj twop£T Ce»t. And moreover, five Gilders per/o/f for the Ships which fhall
Navigate to the further places in America mentioned in the old Patentjas well going as coming
refpe6fively» or fo much more, or lefs, as we ihall hereafter think fit to ordain. Provided alfo,
that the faid five Gilders per laii ihall not be levied,for Ships which fhall fail to the Cariby Jflands^
■which fhall pay the ordinary Cuftom due, to that Court of the Admiralty from whence they
fliallfet fail, ^nbrnojcobet, tbe faib particular 2Crabcrb fljall be obligeb to gibe fufficieiu
^ecuritpunto tbe faib Companp, tljattbeir §>bipbfl)all not touclj at anp place mitbin tbe
ilimito mentioneb in tbe ftrft ClaiFs, mljtcb is® onlp granteb unto tlje faib Companp mitb
Cjccluflon to allotberb.
And whofoever fhall Navigate or Trade to any Place within the Limits granted unto the
faid Company, without their confent, Iball forfeit both the Ship and Goods , which ihall be
found to have Traded on the faid Coafts j which the faid Company fliall lawfully fcize and take
in all Places, as being forfeited to their ufe. ^Ub in cafe fUCb ^bipb OJ CcobO miglft be folb,
cj gone unto anp fojeign Lanbo oj|@o?tb, tbe SDmnero of tbe faib ^bipis anb CoobO flail be
refponftble foj tlje fame, noj fliall anp ^onep oj Coobo be giben upon ^ottcmerp upon
^bareg of p?offt, noj anp alfuranceo mabe to anp tlje places mbere tbe faib Companp babe
tbeir pjibate JErabe, bp anp l^erfon mbatfoeber, mljetber Subject of tljio ^tate oj not, ttpcn
penaltp of forfeiting of tbe faib ^onepo or (Eoobb unto tlje faib Companp. 0nb in cafe
anp fucb ^greementis migbt be mabe mitb or for ^trangerb, tlje Partp mljo fljall babe mabe
anp fucb Agreement, fljall be refponflble for tlje mljole §>um contracteb mitlj, or for fuclj
§)tranger t ^nb all ^btpb mbiclj tbe faib Companp fljall emplop to STranfport tbeir Cocbsi
Cmljetljer Negroes, or anp otber spercljanbi^e, to anp place mitljin tljeLimito of tljeir
patent) fljall be tljetr omn ^ijipe, or at leaft fucb ao fliall be i?raigbteD bp tbem,anb mbereci
tbe spaflero, anb sparinerss, fljall be appointeb anb paib bp tbem.
A'
thefe Pre
A R r. I.
N D to the end this New mjl-lndia Company, fhall have no Community or Relation with the Old mfl-
India Company, which we do hereby difiblveand abolifh, nor liable to any of their Debts, nor have j
_ any the leafl fhadow of mixture of the EfFefts of the Old Company, We have Ordained, and do by '
hefe Prefents will and Ordain, That all the Goods and EfFefts which this New Company may receive from the
Old, (hall be duly eftimated and appraifed by fuch perfons as we fliall appoint for that purpofe.
Furthermore, That all Intereftsat twoper Cent, per annm,nni yet owing by the Old Company to their Credi-1
tors upon Bond, fliall equally be paid by the feveral Chambers alike, until the laft of Dtcmte', 1671. when the
former Patent expired, and from which time we declare the faid Old Company difcharged of all the principal
Debts owing by them at Intereft ; Provided notwithflanding, That all the Aftions of the Participants, fhall
be valued at fifteen and entred at that rate in the new Books, andttiatthe principal Sums due unto
Creditors, fhall be valued at thirty prr cent, and at that rate converted intoadions, andfo to be entred in the
Books of this New Company.
And to the end the faid Creditors fhould have fome reafonable Satisfaftion for their faid Interefts. The
Diredtors of the Old Company in their refpeftive Chambers, fhall account with their feveral Creditors until
the lafl of December, 1671. and give Obligations unto them, dated the firftof January, 1672, for their Sums
due, with Intereft at four per cent, per annum, for the payment of which Sums with the Intereft, all the Effefts
of the Old Company fhall be obliged, and the faid Direftors are hereby authorized fo to do.
And to the end the faid Intereft fhould be duely paid in ready Money or other expedient ways. We will and
command by thefe Prefents, That all Moneys which fhall proceed by the Goods and EfFefts which the New
Company fhall receive from the Old by Bargain and Sale, orby Appraifement j for the doing whereof, we will
authorize three CommifFioners, who fhall afl'ume unto themfelves three experienced and underftanding Mer-
chants or others, who fliall receive the fame, and imploy it, in payment of the faid Interefts, in fuch fort as
the faid CommifFioners fhall think fit, after hearing of the interefted Creditors.
As alfo all the Moneys proceeding from the" Million of fait yearly, for as much thereof as is due unto the
faid Old Company, or from the remaining and unpaid Moneys due from the Crown of Portugal, or by pretences
againfl the Eaft-lndia Company, all which Sums to be imployed to no other ufe; and CommifFioners which
fhall be thereunto deputed, fhall diftribute to every Creditor who fliall defire the fame , fufficient Orders for
the fetching of fuch proportion of Salt yearly as aforefaid, as each Chamber fhall be iaterefied therein; Pro-
^ vided
Fraud and Oppreffion detefted and arraigned. 77
vided that the faid Orders being delivered as aforefaid, fhall be a fufficient difcharge unto the faid Company'
and in cafe it ihould happen tliac all the before-mentioned effefts were not fufficient to fatisfie and pay the faid
Debts, then all the Moneys which the New Company lhall receive by way of Recognizance, fhail be obliged
and imployed thereunto until fuch time as all the faid Interefls lhall be fully paid and fatisfied ; Provided
alfo, that thole Creditors which have beenlongeli unpaid, lhall have preference before others that have been
paid longelf.
II.
That the faid Company within the limits before-mentioned, lhall have Authority in our name to make
ContraSs and Alliances with the Princes and Natives of thofe Countreys, as alfo to build Forts for Security,
place Governors, Politick and Military Officers, and all others for prefervation of the Places, and maintenance
of good order in Policy and Adminillration of Juflice and all Sentences which lhall be pronounced within the
limits of this Patent, whether it be between Inhabitants, or between Inhabitants and Strangers: As alfo all
7ranfgrefj'ors againji this Patent,piall be held as Sentences pronomcedhere by the Supream fudges, and whereof areview
[hall only be defiredfrom us, or our Deputies , and not be fubjeSi unto any other fiidg or Judicature. As alfo for the
advancement of Trade, Difplace and Surrogate others in their Head, as occafion lhall require; furthermore tO
plant all fruitful and inhabited places , and to do all things to the increafe of Trade, and Service of thefe
Countries, and the faid Company lhall fucceffively Communicate and deliver unto us, all the Contrafts and
Alliances which they lhall make with Princes or Nations; as alfo the condition of the Forts, and Strengths, and
Populations which they lhall take in band.
III.
Provided, That having chofen a Governor General, and drawn his Inftruftions, they lhall be approved by
us, and CommilTion granted accordingly ; and that fuch Governor General, and all others Vice Governors,Gom-
manders, and Officers lhall be obliged to make Oath of Fidelity unto us, as alfo unto the faid Company.
IV.
And in cafe the faid Company lhall in any of the faid Places under colour of Friendffiip, beguiled or ill
treated i or if out of confidence they lhall have trufled any Moneys or Wares, for which Satisfaftion or Refli-
tution could not be had, Phey [hall in fuch cafe endeavour their reparation by fuch ways and means, as [hall be mojl
Convenient and requifite to the matter.
V.
And whereas it will be neceffary for the Planting, Security and Defence of this Trade, to fend fome Military
perfons, mwill [urni[h the faid Company with fuch Commanders, S«»W«rr,and Engineers as lhall be needful ; Pro-
vided that they lhall pay and maintain the fame.
VI.
Who lhall, over and above Oath make unto us (and his Highnefs) Swear to obey the Commands of the faid
Company, and toailift the furtherance of their affairs according to their power.
VII.
That the Provoft of the Company lhall feize and take all Souldiers or Military Perfons that are in their Ser-
vice, in all Cities and Towns of Jurifdiftion within thefe Lands wherefoever they may befound,and carry them
on Shipboard ; Provided the faid Provoft ftiall acquaint the Officers andMagiliratesofthe place thereof.
VIII.
That we will not take any Ships, Ordnance or Ammunition belonging to this Company for the Service of this
land, without their confent.
IX.
Furthermore we have granted, and do grant by thefe Prefents unto the faid Company, free paffage with all
their Ships and Goods by all the Tolls belonging to thefe United Provinces •, and that they lhall enjoy all the
freedom that free Subjetts have; Notwith(ianding any unfree Perfons may be Participant in the faid Company.
X;
That all the Goods which this Company lhall Export out of thefe Lands to the wefl-lndies, Africa, and other
Places within the aforefaid Limits ; as alfo all the Goods which they lhall Import from thence, [hall be free fron
paying ofcuflom during this Patent,
XI.
And to the end this Company may be well governed for the Profit and Satisfaftion of all the Participants,
We have Ordained, That the Government lhall confift in five Chambers of Direftors, One in Amfterdam,
who lhall have the Adminifiration of four ninth Parts; One Chamber in Zealand, for two ninth Parts; One
Chamber on the Mafe, for one ninth Part; One Chamber in North-Holland, for one ninth Part; and the fifth
Chamber in Groeningen, alfo for one ninth Part: In like manner as the Old Company did according to our
Refolutions and Orders given unto them, and fuch Provinces and Cities in which there is no Chambers, lhall
have fuch direftion divided in fuch Chambers, as they have had in the Old Company.
XU.
78
Fraud and Oppreffion detected and arraignedi
xit
That the Chamber of Amfltrdam (ball ccinfft of teti Direftors, over and above thofe of other Towns of
Provinces under their refort; the Chamber of Zealand, of fix ; theChamberof the Mafe, of feven; and the
Chamber of North-HoUand of fo many as they fhall think fit and agree upon ; and the_ Chamber of Groeningen
of To many Direitors as they have had of old, or as the Lords the States of that Province fhall think fit to ap-
point in the faid Chamber j and in cafe it were hereafter found, that the Affairs of the faid Company could
not be governed other wife than by a greater number of perfons ; in fuch cafe the faid number (with the advice
of the Al'cmbiy of ten, and our Approbation , and otherwife not} fhall be augmented, the faid Chambers
to refide in tlie fame Cities where they have refpeftively reftded, or in fuch places where the intereiled
Chambers fhall think fit.
XIII.
And the States of the refpeftive United Provinces, are hereby Authorized either by themfelves, or by
their Deputies in Ordinary, or by the Magiflrates of the Cities within their Provinces, to appoint fuch Order
for the Entry of all Undertakings; as alfofor the Eledingof Direflors out of a triple number, to be nomi-
rated by the Head Participants, as they fhall think fit: Provided, That one third part of the Direftors of this
Mew Company be elefted out of the Old Direftors, one third part out of a triple number to be nominated by
the Creditors, and one third part out of the like triple-number to be nominated by the Head Participants
(which Eleftion fhall be made by thofe who were qualified to eleft the Direftors of the Old Company) who
fhall be Direftors of this New Company; unlefs fome Cities or Chambers, byreafon of their fmaller number of
Direftors, could not conveniently follow this Order ; in which cafe, the refpeftive Magiflrates of fuch Cities
or chambers, who have two Direftors in the Old Company, fhall be obliged to appoint one of them to be a
Direftorof this New Company; and thofe that have but one, fhall if they pleafe continue the fame, or place
another in his Head , as they think fit. Provided howfoever, that all the Old Direftors who fhall not be
elefted to ferve in this New Company, fhall keep their Honour, Title, and Place; but only have the faculty
and direftionof clofing and liquidating the Books and Accompts of the Old Company, and generally to do
and aft whatfoever is in their charge as Direftors, and might be required at their hands : Provided alfo, That
if any Old Direftor which (hall happen to be elefted one of the New, happen to deceafe, another Old Direftor
fliall be placed in his ftead ; and fo continue as long as any of the Oltl Direftors are yet living. And moreover,
thit any of the Old Direftors may be nominated and elefted to_ ferve in other vacant Places, wherein Head
Participants are P'deftable, and fhall receive their equal proportion of Salary with the New Direftors, or the
one Moiety of the ten per cent, to be mentioned in the apth Article; And moreover, the like Sum out of the
Old Company , to be divided proportionably amiongfl thofe that have afted for the Old Company; to the
end that every Old Direftor , who fhall not at the firfl inflant be made Direftor of the New ; may everyway
be equal unto them in Honour and Profit,until fuch time as the lafl Moiety be fully equalized, or by us otherwife
provided. Provided alfo, That no Perfon (hall be elefted Head Participant, or Direftor in theChamberof
Amflerdam, who hath not of his own Four thoufand and two hundred Gilders in Capital Aftions; in the
Chamber of Zealand, Tvvo thoufand eight hundred Gilders; in tfie Chamber of the Mafe and North-HoHand,
the like Sum of Two thoufand eight hundred Gilders in Capital Aftions, all of them being reduced to thirty
and fifteen per cent, as Is expreffcd in the firfl Article; and what concerneth the Chamber of Groeningen before-
mentioned, that in the faid Chamber there (hall be no diflinftion between the Creditors and Participants; as
alfo that the Eleftion of the Direftors, and qualification of the Head Participants, fhall remain as of Old , or
otherwife difpofed of by the States of the faid Province.
And what concerneth the continuation, or difcontinuation, and making of new Officers, it fhall be done by
agreement of all the Old and New Direftors; but in cafe they (hould not agree,the difference fhall be decided
by the States of the refpeftive Provinces where fuch Chamber (hall refide ; to wit, that as foon as the Admini-
flrationof the Old Direftors (hall ceafe, the faid Old Direftors (hall have no Command of the faid Officers; but
the whole difpofal from that time forward, (hall be in the Direftors of the New Company.
XIV.
That the Direftors (hall ferve during life, unlefs fome Provinces, Cities, or Chambers, have fome other
Cufiom, in vvhich cafe they may continue the fame, and that inflead of thefe who fhall deceafe, or for other
reafons quit their charge (foir as much as it is not limitted in the foregoing Article) the Direftors, and Head
Participants, which will be prefent at their own charge, fhall nominate three others, out of which the refpe-
ftive Provinces,their Deputies or Magiflrates fhall make the new Eleftion, and fupply the vacant Places fuccef-
lively, flill obferving that the major part of the Direftors be wel-experienced Merchants and Traders.
That no man fhall have the Priviledg of a Head Participant in this New Company, thati he that fhall from the
firfl commencements have had fuch Stock in the Company as aforefaid; or otherwife had fo much on his
Accomptthe fpace of two years; except Children and Heirs of fuch Perfon who hath fuch Stock on his name,
fhall immediately after his deceafe be qualified thereunto; the Head Participants fhall ( each in their own
Chamber) eleft one Direftor by plurality of Voices, who (hall be under Oath, and have Adminiflration with
the other Direftors, and fhall be obliged to communicate unto the Head Participants their concern, and preferve
their right in the Aflemblies of the Direftors, as need fhall require, call Aflemblies, and obliged unto the Head
Participants alfo revocable; but all other Direftors (hall Succeffively be eleftive as aforefaid.
In like manner the Head Participants in every Chamber, (hall by plurality of Voices over and above their
Direftor, appoint one Prefident,Vice-Prefident, Secretary, and two Accomptants; if they jndg it neceflary
for their Service.
VVheniocver the AfTembly of ten (hall meet, the Head Participants of each Chamber (hall eleft their Direftor,
who (hall be one of the four Direftors in the faid AfTembly for the Chamber of Amfltrdam ; as alfo the Head
Participants in Zfit/atii, (hall eleft their Direftor; who (hall be one of the two Direftors in the faid AfTembly
for their Chamber : And moreover, the faid Head Participants of the refpeftive Chambers of Amfltrdam znd
Zealand, may eleft one of their Accomptants to aflift their Deputies with an advifing Voice in the faidAfTera-
blies; but (hall not have any concluding Voice.
And
Fraud and Oppreffion detedted and arraigned. 7^
And to the end all other Chambers fhall have knoWledg of all the Refolutiohs of the faid AfTembly, the
Afiociates of Amfterdam (hall advife the Head Participant of North-Holland and Groeningen thereof; and the
Alibciates of Zealand, thofe of the Maje ■, fo far forth as ought to be communicated.
None fhall be EleftedDireftor that is in Service of the Company, nor any two tl.at have Relation
in Blood, to the fourth degree ; nor any Father and Son in Law, at one and the fame time.
That in all the Allemblies where Directors and Head Participants, dr Head Participants by tliemfelves alone,
(hall advife together ; their Nomination, Depiitation, and Eleftion (hall be done by one name Sealed in a Paper;
and delivered unto him that (hall Prefide, or in fome other fecret manner; but the Chamber of Groeningen fhall
abide by their Old Cuflom, unlefs the States of that Province (hall think fit to make any alteration therein 5
which (hall then be followed accordingly.
XV.
That alfo the accounts of Equipage or fetting forth of Ships, with the dependencies thereof, (Hall be made
within three Months after their departure, andfent within one Month after unto us and unto the refpeftive
Chambers ; as alfo of the Returns and the Sales thereof, as often as we (hall think fit, and they (hall be required
by the other Chambers. All which Accompts fhall be made in due form of Trade, unto the Deputies of the
Head Participants to be nominated and admitted under Oath ; unto whom the charge of making the faid Ac-
compts, and the true payment thereof is repofed, and whereof they (hall at all times make their Report unto
the Head Participants in their AfTemblics, without revealing any thing which VireSiors are to ^eep fecret.
And the faid Deputies (hall have power to examine all the Books, Invoices, Letters, Notes, and other
Papers -, as alfo, vifit and fee all the Merchandizes as often as they fhall pleafe.
As alfo. That two or three Direftors (hall be prefent at the buying of any Wares; and in cafe of abfence or
other hinderances (and otherwife notj afiume as many out of the Head Participants who are under Oath, as need
fhall require, without employing any other Servant or Officer of the faid Company : Ahd they fhall always be
obliged to prefer the Mamfailures of this Ceuntrey, being for the fame ufe before any other whatfoever.
XVI.
That every Chamber, fhall every year at the firft Affembly of ten, bring in an Accompt of all their Debts;
as alfo of what (hall be owing unto them, and of their other EflFefls; to the end that an equalization be made
between all the Chambers, and that the next following Equipages may be ordered accordingly.
That new Books (hall be made every three years, and a general Accompt of all the Equipages and Returns;
as alfo of the Profit and Lofs of the Company, vh. One of the Trade, and another of the war, which fhall be
kept feverally ; which Accompts fhall be done publickly after affixion of Bills, to the end that every one that is
concerned therein may be prefent; and in cafe the Direftors (hall not render an Accompt in form as aforefaid^
before the Expiration of the fourth year, they (hall forfeit all their Provifion or Salary for their Service for
the time pafl, which fhall be given to the Poor, and they obliged neverthelefs to render an Accompt within fuch
time, and under fuch penalties, as we (hall appoint againfl the Failers; and for the better performance hereof,
the deputed Head Participants who are under Oath, (hall ufe their diligence to the end aforcfaid, and make
their Reports in the Aflemblies of the Head Participants, under penalty as in the like cafe is made or fhall be
made againfl the Direitors.
xvii.
No Perfon (hall during the time of this Patent, take out any part of his Stock which he (hall have laid jn
this Company, nor (hallany new Participants be admitted, but in cafe (after this time (hall be expired) it be
thought good to continue this Company , or to efiablifh anew one, a final Accompt and Efiimation by the
Allerably of ten, and with our knowledg, fhall be made of all the Goods and Effeas which belong unto the
faid Company; as alfo of all the Charges which mufl neceflarily be done: which Accompt of Liquidation, and
Efiimation being done, every one fhall be at liberty to take out and receive fuch Stock as he hath therein, or as
much thereof as he fhall pleafe; and the following Company fhall be obliged and be chargeable with the red of
the faid Liquidation and Efiimation,and thofe Participants which fhall not be willing to continue their Stocks in
this Company , (hall be paid at fuch times and payments, as the Affembly of ten with our knoWledg (hall
think fit.
XVIII.
As often as it (hall be needful to call a general Affembly of this Compaiiy, it (hall confifi of ten Perfons;
whereof there (hall be tour from the Chamber of Amflerdam, two from Zealand , one from North-Holland, one
from the Mafe, one from Groeningen ; and the tenth, or fo many more,as we (hall think neceflary,fhall be deputed
by us to help and a(fift in the faid Allembly the management of Affairs of the faid Company.
XIX. _
By which general A fiembly of the faid Chambers,all matters which concern the faid Company,(hall be treated
and concluded, and as for matters of war (being refolved)a«r Approbation fhall firft be dcfired,-'
XX.
The aforefaid general Allembly being called and alTembled, (hall refOlve, when, add how many Ships (hall be
Equipped for every Place, for the common benefit of the faid Company, and do nothing but what (hall be
refolved by the General Affembly, whofe Refolutions they (hall perform; and if any Chamber (hall negleft fo
doing,or do contrary to their faid Refolutions, it (hall be nul and invalid as to the Company; and the Direftors
of that Chamber (hall be Chargeable and Accomptable in their perfons particularly unto the general Company,
under penalty of One thoufand pound Flemifh. And we do hereby authorize the faid Aflembly, to caufe fuch
defefts to be repaired ; wherein upon requefi, they fhall have our affifiance.
XXI.
The faid General Affembly (hall be heid_ the firfi fix years within the City oi Amflerdam, and two years fol-
lowing in Zealand ; and fo from time to time in the faid two places Succelfively.
XXII.
The Direflors of the faid Company, who (hall be deputed to gcrto the faid General Airembfies, or any other
X places,"
$0 Fraud and Opprellion detected and arraigned.
places, fhall be allowed for their cxpcnces four Gilders psr befides all Fraights by Boats or Waggon:
Provided, that thofe Direftors who fliall only go from one City to another, to aft as Direftors in that Cham,
bcr whereunto they appercaiUj (hall have no allowance from the faid Company.
XXIII.
And if it (hould happen that any very weighty Affair fhould offer in the faid General APTembly, wherein
they could not agree, or that they (hould be agrieved by any cahing Vote, it (hall be left to our decihon j and
Whatfbever we (hall think fit to appoint therein, (hall be done and performed accordingly.
XXIY.
The Participants of this New Company (hall (after Bills to be affixed publickly) within one Month after the
date hereof j be forewarned that they do within three Months from thefirft otOflobsr, 1674. declare them-
(elves at the Chamber where they are InterefTed, whether they will continue their whole Stock which they had
in the Old Company, or how much thereof they will adventure in this New Company.
And fuch Sum as they (hall continue (hall be by them augmented, and paid in feven payments; namely, one
per cent, of the old Original Stock before the firft of jfmuetry, 1675. and over and above that, three per cent,
which (hall be paid in (ix payments, every three Months one half per cent, of the whole Stock, which they (hall
have declared to participate in the faid Company; and thofe who (hall pay their Moneys before the time
appointed, (hall be allowed eight ptr cent, for rebate; and if any perfon (hall fail, and not perform his promife,
the Chamber wherein he is a Participant, (hall within (ix Weeks after the time (hall be elapfed, offer and fell fo
much of the faid Stock as will fupply the faid Supplement; as alfo all the Aftions or Stock of thofe that (hall
negleft to declare themfelves, and pay the Sum before fpecified within the times limited as aforefaid; yet fo,
^at whofoever (hall incline only to keep part of their Stock, may fell and difpofe of the reft, and the buyer
(hall be obliged to pay the rates before-mentioned to be augmented. And the faid Direftors (hall fell no more
of the faid Stock, thanwhat will ferve to fupply the faid Supplement, leaving the reft unto the Owners thereof;
and whatfoever the proceed of the faid Sales (hall amount unto, over and above the Charges thereof, (hall be
reftored unto the Intereflcd : Provided thit this Order (hall not tal^e place againft Outlandi[h perfons, to whom the
knowledg of publifhing and affxing of Bills in form as aforefaid, could not come within the faid time of
three Months.
XXV.
The Ships returning from their Voyages, (hall come to the fame Ports from whence they failed; and if by con-
trary wind, or ftrefs of weather, they be forced to put into other Ports, virc. as if thofe of Amfterdam or North-
Holland fhould put into Zealand, and thofe of the Mafe or Zealand in any Port of Holland, or thofe of Groeningen
in any other Port; which notwithftanding, each Chamber (hall have the Direftion and difpofal of fuch Ships
and Goods by them Equipped and fet forth. And that no other Chamber (hall intermeddle therewith, under
any pretence whatfoever: Provided, That the Direftors of thofe Chambers from whence fuch Ships were
Equipped, (hall in their own Perfons Tranfport themfelves to the place where fuch Ships (hall arrive, and not
ImpIoyanyFaftors; but in cafe they cannot without Inconveniency Tranfport themfelves thither, they (hall
then leave the Direftion and Adminiftration thereof unto the Direftors of that Chamber, where fuch Ships
(hall happen to arrive.
XXVI.
When any Chamber (hall have received any Wares in return from any place within the Limits before-
mentioned, whereof the other Chambers have none; they (hall be obliged at their requeft, to furnilh them as
occafion (hall require; and when they (hall have fold them, to fend them more.
In like manner, the Direftors of the refpeftive Chambers, having occafion for any perfon out of any other
Town or Chamber to affift in their Equipages; they (hall defire the fame from the Direftors of this Company,
and not imploy any Faftors therein.
XXVII.
And in cafe any Province (hall think fir, to appoint an Agent to gather and receive the Sums payable by their
Inhabitants, and to bring them in one Mafsin any Chamber, or otherwife to receive their repartition; fuch
Agent (hall have admittance in the faid Chamber, to be informed of all the Payments and Receipts; as alfo, of
the Debts and Credits : Provided that fuch Agent Jhall have brought in a ^oc^ of One hundred thoufand Gilders
or abovty (that is about of 00 1. Sterling.)
XXVIII.
The Direftors (hall altogether have for their Provifion or Salary ten per cent, of what they (hall diftribute
yearly unto the Participants, or when the Ca(h may afford it: Provided, that ten per cent, do not exceed
yearly the Sum of Sixty thoufand Gilders; which Sum is thought fufficienc for all their Salaries, although the
repartitions (hould be never fo great; Provided alfo, that no repartitions (liall be made or refolved to be made,
before the Books of that year be made perfeft , and all Accompts clofed: And whereas the repartitions are to
be alcertained by an e^ual number of the Head Participants, who (hall be under Oath, with thofe of the Dire-
ftors; yet no repartition (hall be made at any time of the main Stock, which (hall be thought needful to main-
tain the Trade at large, and at lead fo as this new Stock (hall always remain intire.
And the Accomptants of the Head Participants (which are to be experienced Merchants) (hall have amongft
them two thirds of the Profit which every Direftor of the fame Chamber (hall happen to receive particularly;
in regard it is afcertained that the Chamber of Groeningen (hall have one ninth part of the ten per cent- or Sixty
thoufand Gilders as aforefaid; and for that the faid ninth part is to be divided amongft the Direftors and Ac-
comptants of the faid Chamber, in fuch manner as the States of that Province (hall think fit.
XXIX.
/tnd for the better iocouragement of the Direftors of the other Chambers, in theexcrcife of their charge.
The one Moiety of the ten per cent, (hall only be divided amongft all the Direftors of the refpeftive Chambers
in equal parts, and the other Moiety amongft thofe who (hall have been prefent at all their Meetings, and afted
in the Affairs, whereof an cxaft accompt (hall be held for that end and purpofe; Provided, that the Direftors
which (hall be difcharged or happen to dye, or their Heirs, (hall have their (hare in the firft Moiety proportio-
nablc to the time they have ferved ; and in the fecond Moiety, according to the proportion as they (hall have
afted; yctfoas the Direftors which (hall be deputed out of Cines where no Chambers are, or their Heirs,(hall
Fraud and Oppreffion detefted and arraigned. § i
be confidered in the diftribution of the faid ten per cent, as if they had been prefent, in all their Aflembliej
and Aftings, without any intermiffion,
XXX.
The Advocate, Book-keepers, and other Servants, lhall be paid for their Salary by the Company.
XXXI.
The Direftors, or other Servants of the Company, fhall not Let any Ships, nor fell any Goods or Merchati-
dizes, which belong unto them in part or in the whole, unto this Company; nor buy any Goods or Merchan-
dizes by therafelves or others, or have any part therein, except fuch Goods as fhall be fold in publick i^nor
fhall they drive any Trade to any of the places within the Limits of this Patent, for themfelves nor others,
direftly or indireftly •, nor fhall any Direaor, or Chamber take any Moneys upon Bottomery, upon any Ship
or Goods, or make any agreements with particular Perfons, to Trade to any Place, rrhere the Company have the
fole Trade ; and in cafe it fhould happen that; any Moneys were taken upon Bottomery or agreements made,
they fhall be null and void, and of no effeft as to the faid Company, and the DireSor onely liable, who (hall
have figned and made fuch agreements; and in cafe it be found that any Ships or Goods be fent to any placcj
within the liraitsof this Patent, which belong unto any Direftor or otper Servant of the Company, in part, of
in the whole, diredly or jndireftly the faid Diredors or other Servants fhall over and above the forfeiture
mentioned in the firft Article, lofe their Places, ipfo fado, and pay Six hundred Gilders to the poor; to which
end, every Direftor thereunto required by the Affembly of ten, or when any particular Chamber fhall require
it, fhall purge himfelf by Oath, whereunto the other Servants (hall alfo be obliged, at the pleafure of the Head
Participants, under whom they refort or belong.
XXXII.
The Direflors fhall be obliged to give notice by affixing of Bills, as often as they intend to fell any Wares j
to the end that every one may have timely notice thereof, before the Sales be made.
XXXIII.
And if it fhould happen that in any of the Chambers, any of the Direftors fhould come to decay , fo as they
fhould not be able to difcharge the trufl repofcd in them with Honour, and that the Company might be dam-
nified thereby; the damage fhall be fupported by them that have fuch a Direftor in the Company, who are fpe-
cially obliged for their Adminiftration, which alfo fhall take place, in regard of all the Participants, that might
be Debtors unto the Company for any goods fold; for which their Original Stocks fhall be refponfible,and held
as mortified from the beginning.
XXXIV.
The Direftors of the refpeflive Chambers, fhall be refponfible for their Cafh, and Book-keepers.
XXXV.
That all Wares which fhall be fold by this Company by weight, fhall be delivered by the weight of Amflera
dam , and that it fhall be lawful for them to weigh any Goods within their Ships or Ware-houfes, without
paying of any Excife or Impoft thereof: Provided, that when they are fold, they fhall not be delivered other-
wife than in the Weigh-houfe, where the Excife or Impofl thereof fhall be paid,as often as they fhall be altered
of property, even as all other Goods do, which are fubjefl to be weighed.
XXXVI.
That the Goods or Perfons of the Direflors fhall not be arreflable or incumbred, to have from them an Ac-
comptof the Adminiftration of the Company, nor for the payment of any Wages, due for aiiy Service done
unto the Company, but all fuch Pretenders fhall be obliged to fue them , before their ordinary Judges of
Magiftrates.
XXXVII.
When any Ships fhall return home from their Voyages, the Generals or Commanders of fuch Fleets, or Ships,
fhall be obliged within ten days after their arrival, to come and report unto us the Succefs of their Voyages,-
and give it in writing under their hand,if requifite.
XXXVIII.
And if in cafe any body might obftruft or hinder the Company in their Navigation and Traffick contrary td
common right, or againft the content of the aforefaid Treaties and Entercourfes,tf be lawful for them to de-
fend, and govern themfelves according to the Oftrultions which we fhall give thenr.
XXXIX.
And we do hereby promife toproteft and defend this Company in their free Navigation and Traffick, againft
all perfons whatfoever : And to that end to ajjift them with Two hundred men, and Officers, which fhall be charged on
the State ofmr of thefe countreys for the (pace of eight years; for maintenance of thofe Coafts, where their
Service fhall be thought necefTary. ^
And in cafe of any powerful and continual obftruftion of the faid Navigation and Traffick, whereby the
Afftirs within the Limits of this Company might be brought to an open War : we will as far forth as the conve-
niency of thefe Lands will fuffer, affift the faid Company with fixteen Ships of war, whereoftheleaft (ball be of the
burthen of One hundred and fifty Lafts; and four Pinnaces, whereof the leaf! fhall be of the burthen of Forty
Lafts; provided with all manner of Ammunition, Sails, Anchors, Cables, and other Cordage, fitting to be ufed
in fuch like great Expeditions. Provided, that they fhall be Manned and Viftualled at the charge of the faid
Company, fo far forth as they are able; and that the Company be obliged to equip the like number of Ships of
War and Pinnaces, furnifhed in like manner according to their ability, and jointly to defend their Traffick, and
do all Ails of war ; Provided that all Ships of War and Merchants Ships, which fhall be Equipped and Manned
to the fame end,fhall refort under one Admiral,whom we fhall appoint after advice of the faid general Affembly;
and fhall obferve our Commands, as alfo the Refolutions of the Compaiiy , and fhall be ufed jointly in War, if
need requite : Provided tharthe Merchants Ships fhall not hazard their Lading, without neccf fity.
XL f.
Bi
Fraud and Oppreilion deteded and arraigned.
XLL
And in cafe it fhall happen that thefe Lands are confiderably eafed in their charge, and that this Cowpsny
flmdd be hetvUy charged with a War. We do promife by thefe ptefents, to augment our aforefaid afTiftance, fo
far forth as the Confiitution of thefe Lands will fuffer, and the affairs of the Company fhall require.
XLIL
Furthermore we have ordained in cafe of War, that all Prizes taken from the Enemy, or other Virats within
the Limits of the faid Company, or by thofe who fhall be joyned to their affiflance, as alio all Goods, which by
virtue of our Proclamations fhall be feized,deducting all neceflary Charges, as alfo the lofs which the Company
may have had in taking each Prize, with the right due unto his as Admiral, in,order to our refolution
in fuch cafes made the firft of April, Anno 1602. and the loth Article of the Officers, Mariners, and Soldiers,
that fhall have taken the Prizes, fhall be at the difpofal of the Diredors of the faid Company : Provided that
they fhall be obliged to render an Accompt thereof, feparate from the Accompt of Traffickand Commerce ;
and that the proceed of the faid Prizes be imployed in the Equipage of Shipping, payment of Soldiers, Fortifi-
cations, and fuch like matters of War and Defence, by Sea and Land, without making any diff ribution thereof 5
unlefs that proceed were found fo great, that without weakening of the Defence,and after all the charge of the
War fhall be paid, fome confiderable Sum might be divided, which fhall be done apart, and feparate from the
dividends of the Commerce, of which dividend one tenth part fhall be paid for the common good of the
united Netherlands, and the refl unto the Participants of the Company equally,according to their Stock therein.
XLIII.
Provided that all the Prizes and Goods which fhall be feized by virtue of our Proclamations, fhall firftbe
adjudged by the Council of the Admiralty, under whofe jurifdidlion fuch Ships fhall be imported , and unto
whom the lawfulnefs or unlawfulnefs of fuch Prizes doth appertain; during which Procefs, the Adrainiflration
or Dif'pofal of fuch Prize-goods, after due Inventory made, fhall be in the Company ; and provided the review
by thofe who might be grieved by the Sentence of the Admiralty, in order to the inflruSion given unto thole
of the Admiralty; And provided alfo,that the Vendu-Mafters,and other Officers of the Admiralty, fhall have no
right or pretence, which fhall remain unto the faid Company, and wherein they are not imployed.
The Direftors fhall not levy any Moneys at lntereft, nor give any Obligations for Wages or Salary due, tior
for any old Debt for what caufe foever, without common advice and confentofthe Direftors and Head
Participants.
In like manner, no new Capital Aft ions or Stocks fhall be made,or the old augraented,than by common con-
fent; under penalty that all the Obligations or Aftions which fhall be otherwife made, fhall be anfwered by the
Direftor particularly, who fhall have fubfcribed them.
In cafe any matter happen, out of which. Suits at Law might arife, to the differvice of the Company, the
Direftors fhall labour to reconcile fuch differences amicably, ifpoffible; if not, they fhall communicate the
affair unto the Head Participants 5 to the end the common advice, and befl advantage of the Company may be
followed} as fhall be requifite.
X L I V.
The Direftors of this Company fhall folemnly Promife and Swear,that they will comport themfelves true and
faithful in theirAdminiflration,give a juflAccompt of all their dealings,th3t they will indeavour the Profit of the
Company, and fave them harmlefs as much as they can poffibly; that they will not favour the greatefl Partici-
pants more than the lefs, in Contributions or Dividends of any Sums; that they will not favour any one Debtor
to the Company more than another. That they do^ participate for their own Accompt, and during their Dire-
ftion, will participate fuch Sum or Stock asis Ordained by this Patent: As alfo, that they will to the utmoff of
their power, obferve all the Articles therein mentioned ; and all further Orders and Difpofitions, which we,or
the Lords the States of the refpeftive Provinces have heretofore made, in favour of the late Company, or fliall
be made hereafter.
_ XLV.
All which Priviledges, Freedoms, and Exemptions; as alfo all RefolutiOns and other Difpofals made by ns
from time to time, and granted in favour of the late Company. All which we will, that they remain in the
fame force and vigour,as if they were particularly mentioned in this Patent,and that affiflance before-mentioned,
in every particular as aforefaid.
We have with due deliberation given and granted unto the faid Company, as we do by thefe Prefents, pro-
mife, give and grant unto them the quiet and peaceable injoyment thereof: And do Ordain , that the fame be
kept and obferved, by all Magiflrates, Officers, and Subjefts of thefe United Provinces, without afting of any
thing to the contrary, direftlyor indireftly, either within or without thefe United Provinces; under penalty
of being efleemed Diflurbers of the welfare of thefe Countreys, and being punifhed as Trefpallers of our Laws,
in their Perfons and Eflates. Moreover, we do Vromife to fupport the Company in all the contents of this Patent; and
will maintain them by all Treaties oj Peace, Alliances and Entercourfes with the Neighbouring Princes, Pjngdoms,
and Countreys,without aNing any thing in prejudice hereof: Commanding exprefly all Governors, ]uflices,Officer5,
Magiflrates,and Inhabitants of thefe United Provinces,to fuflFer the faid Company to enjoy peaceably and quietly
the full effeft of this our Patent, Confent and Priviledge, without any contradiflion or hinderance. And to
the end no man may pretend Ignorance hereof, we have Ordered , that the Contents of this Patcut in Brief
fVall be publifhed and affixed by Bills where it appertains; for that we have found it good, and ferviceable
for the Countrey.
Given under our Great Seal, Paraphure and Signature, of our Secretaries in the Hague,
the 20th of September, 1^74. Was ftgned Gafp. Fagel Lower flood by Order of the
High and Mighty Lords, the States General, and was figned H. Fagel, Having in the
Margin, the Seal o/rfee/>High and Mightineffes,Pri«/e3o« ared loafer,covered with
Paper, inform of a Diamond.
Fraud and Oppreffion detefted and arraigned. 83
A Copy of the Letters Patents Granted to
SirPVilUamCourtenmdhisFmmrs, for Trading Voy-
ageSj from Goa^ and the Coafts of India , to China and
fafan , Anno 1637. Inrolled in the High Court of
Chancery of England.
CHARLES tt)e of God of England, Scotland, France, anO Ireland IStltg',
SDefenBoj of tlje iFaitt), Sec. Co all to toliotn ti ^efe |@jefeuto fl^all come. Greeting,
whereas UKae hp SDutJEiettets! unoet out Kopal Signature aiio Signet, hearing
hate the Cmentieth of December, ^ne thoufano fit hunojeh tfirtp anh fine,
anh in the CI;!ehentfi poar of Cur Metgn, hirecteo to Cur Cruffp ano Mels^heloheo
Captain ]ohn weddail, anh Nathaniel Mountney; reciting, Cljat mhereao the faio Captattt
wcddall heing Commanher of the ^htpss luhich returneh thereljence laff Summer from the
Eaft-lndies, together loith the faih Nathaniel Mountney Merchants! Chief ;3ccomptant in
thoCc ^"artiS, fo; the Companp of sperchanto Crahing to the fame, in their loap homehaarhis
toucheh at Goa, anh the ^arte of kallabar, anh hah hcen there hp the vice-Roy of Our hear
!pjother the I^tng of Spain, not onlpmR reteihch anh ineltcmehi lint the faih vice-Roy
of^iur faih^Bjotherj hih as toeli hp Ilettero to Cur faih 2Dear llBjother, as hp a Contract
i^tgneh hp hintfelf anh Council on their parts, anh foj tl3s hp the Prefident anh Council
implopeh hp the faih Eaft-lndia Companp, eoncluhe a Cruce aith ifree Crahe, not onlp at
Goa afojefaih, htttalfoat China, anh all other farts toherethepijah anp free Crahe tfi the
Eaft-Indies; f ^ohiheh, it Wight fianh faith the gcoh liking of ms, anh C^ur faih SDeat
®?other, tnhich might tenh to the henting of gcoh quantities, not onlp of the i^atihe anh
§>taple Commohities of tljis Citr ®inghom i hut alfo of the spanufagures anh other ^er^
chanht^es ufuallp erpojteh from hence tntoiforetgn farts, tahtch hpreafon of thefetrou^^
hlefome times, hah not then of late fo quick anh pjofitahle Pent anh fale as heretofore.
And whereas ^Ifflle heing Inforweh that all thio time fince the Crefiion of the faih Eafi-india
Companp, notfaithttanhing the manifolh f rihtlehges granteh to them thephah neither fo
planteh nor fetleh Crahe in thofe farts, nor ntaoe anp fuch if ortification or place of ^uretp
as might giae affurance or incouragement to aiip in future times to 0nhenture to Craoe
there i neither Ijah We receihen anp Annual heneftt from thence, as other Princes hih, hp
reafonof the faih Companies ncglert in ifortifpng > huthah mMp intenheh anh purfucB
their ohm prefent profits anh ahfiantages faithout prohihing anp fafetp or fetlehnefs for
eftahliihing of Craffitkinthefaiolndies, for the gcoh of folleritp, or for longer time than
it Ihoulh pleafe the i^atihes or ilnhahitants there to permit the continuance thereof,
whereas tht Portugals anh Dutch fiahe planteh anh fortifpeh themfelhes there, anh hahe
efiahlilheh a lafiing ana hopeful Crahe there for the gcoh of f ofieritp, anh hp ahhantage
thereof, hahe not onlp renhereh Cmr S>uhiegs ahihing in thofe farts fuhjeft to their ^nfo^,
lencies anh apparent Blniuries i hutinamannenaroughtthem out of Crahe there, tohich
Wc founh not onlp hp the Complaint of hiaers of the ^hhenturers in that ^ocietp s hut
princlpallphpthehailphecreafeof £Dur Cufioms for dPoohs importeh from thence, fahich
We coulh imputeto nothing more than the faih Companies lupine negletf of hifcoherp anh
felling of Craheinhthers places in tljofe farts, faljenthep hah a plentiful ^tock, ana
fair opportunities to hahe Compaifeh anh Cffetfeh it.
ainh We reciting further hp the fame 2Dur ILitters, SChat forafmuch as We hah then of
late caufeh feaeral tKopagcs to he mahe anh enterprtieh for the hifcoherp of the i^orth^^taeft
paffages tolaarhs the Eaft-Indies through the i^orthern ^eas,\ohich hah not h®n fo fuccefsful
as We erpefieh. ^nh pet not tatlling to lap afihe a \aork of fo great importance anh con^
fequence, tahtle there Houlh he arip hope to cffertit, which We mere informeh anh hih
itehe might prehahlp he performeh from Japan i^orth^^eafi, to tlje d^Orth parts of Callifomeas,
on the hackfihe of America, about fortp hegr®s d^orth latituhe > anh fo Coatting along dgorth'^
toarh, Cafttaarh, anh Wefliaarh as the llanh Will gihe Wap to fiptp four hegr^s d^orthwarn,
where it was left unhifcOhereh hp &ir Thomas Button, Captain Lake, Fox, anh others to
come through the Straits of Hudfon in the Wefiern or Atlantick Sea; We therefore
haaing maturelp anh fertouflp confiherch, that theincreafe of Crahe anh d^aaigation is the
principal means to bring l^onoiir aiih Wealth to this our Kingdom, ^nh h^aing nothing
^ more
4^
8^ Fraud and Oppreflion dete&d and arraigned.
mojc in epcis ann affecttcnsf, ffean t^eljcnourannfiungtliemng thereof, anti rtje gcca
attD etinc^mg of ^ur anti being refolbea toleabe no fair ana pjobable courfe un,;;
^ttenipteb, taljicb tnigbt in likelib®® bjing to pafis SDur fain ocCgtto ano aefireo, ana ratf^
aHrraaembtcbmigbttnijJiopCutr ^itbjeefiS, ana tbe ^bipping of !^tngaom, in cafe
tbe SCraae of tbe afojefaio Company fboula fail, tobttb fojef&tng inoula be of ill con=^
feq^uence to II3^ ana 2Dur l&ingaom, ana repofing fpecial trufl ana ronfiaence in tlje appjobea
iFiaelitp, 0bilitp, 3tuagment, ana CBjcperience of rbe faio Captain ]ohn weddali ana Na-
thanielMountney in sparitime Affairs, 2Dia appoint ana autljoji^e tb?m bp iDur faia 3Leti=
tero unaer SDur mopal Signature ana Signet, ana aia gibe tbem not onlp ILiceitfe aita e^ptefs
Comtnana -, but alfo full popier ana autbojitp toitb tl>e gooa^liipsi tbe Dragon, tbeSun,
ana tie Katharine, baitl) one oj moje l^innaceb at tbe opening of tlje then nett ^pjtng,to un^^
aertafeea tmopage to Goa, tbe^artoof Mallabar, tljeCoaftof China ana Japan, tbereto
SCtaae foj fucb Commoaitieo ana'^ercbanai^eis ag might be foja afta bentea toitb tnoff p20i=
fftanaaabantage -, ^na ag bielt ag tbep coula conbenientlp open a fafe ana fetiea toapfoj
itttercourfeanaSDraaeintbofe partg foj all other £)ur ^ubjectg fojthe futuret ^lnalihei=
toife bp the map, 3f occahon fltioula be offerea at Cape de Bona Efperan2a in tljirtp four ae^=
greeg, Oj thereaboutg, ^outh latituae, the 31flanag of ^t, Lawrence, boith the aajacent
Iflanag i Che Coaff of Mofambique, Sofala, ana Ethiopia, the 3fflana of Succotora, the Ccatt
of Arabia, tlje Gulph of Perfia, the Coatt Of India, tlje Coaft Of Mallabar i, anO Ijabing there
refrefljea themfelbeg, ana being furniihea biith allneceffarieg, thep mere from thence to
caa to the 31£lana of Ceylon, ana other aajacent Bihanag i the Coatt of Cormandel, the ©ulph
OfBengala, theCoaff Of Pegu, theSflanaof Sumatra , the ^traitg of Malacca, Sinda ana
Banda, mUh the ^flanOg of, Java, Macaffar, Borneo, Gillolo : mitlj the Malluccoes 3J0anag,
ana Nova Guinea, ana aajacettt Jflanag&outhmat» ana CattmarB, tlje Coaft ofSiam, Cal-
chichuit ana China , mith th^ Iflunag Of Anan, Lequeios, Phillippines mith the aftraitg
OfManilhas, the 31flanag Of Japan, the Coafi of CuchantanaTartary, 0J to ahp place mhat;?
foeber, mhere occafiOn of Craae oj ^tfcoberp ihoUlB leaa them in the lEopage afojefaia j
ana to implop their I)iligence, Snfuttrp, ana Cnaeabourg, not onlp to Craae foj fuchi
Ccoag, ^onep, Commoaitieg ana S^erchanai^eg ag thep catriea from hence i mljerein thep
haafttll pomer ana authojitp tocarrpmith them fuchsponep, CroBg, ana other Common
aitteg, agthepfljoula conceibe might bell conauce anatena to the aabantage ana gtoa fuccefg:
of that tHopage i hut alfo in epchange thereof, to hjing home from thence fuch Slemelg,,
^Onep, Cola, S)ilber, C®ag, Commoaitieg ana #ecchanai^eg, ag thep in their juagmene
ana aifcretiong fhoula think to he of bett balue ana aabOntage to the sperchantg ana aaben^=
turerginthattlllopagei 0na me likemife therehpgabe them Commana ana ^uthOjitp at
their beff conbenience, mhen thep fhoula come into the partg of China, Japan, or from anp
other partg, oj mhere thep fhoula think fitting to fenafrom thence one of their ^hips o^
IBinnaceg, oj fuch other fUeffel oj meffelg ag thep coula bup mo?e fit, mell pjeparea ana
nifhea mith fuch neceffarieg ana pjobtCong, ana fpannea mith a fufficient Complement of
#en, tinaer the Charge ana Commana of fuch able perfon oj perfong ag thep fhoula think
fittofearchfoj anaaifcoberthei^ojth^eaftpaffageto theigojth part of tlje Califcmes on
the backfiae of America, agafojefaia, 5lnatomatmith the igojtljs'mefl paffagefo faraifj^,
coberea hp ^ir Thomas Button, Captain Luke Fox, ana otherg, fo tb enter into the gitraitg
of Hudfon into the Weffern oj Atlantlck Sea: Jfoj better perfoj^mance mhereof, fMle bp Cur
faia ILetterg, aia 0uthdji^e the faia Captain Weddall ana Nathaniel Mountney to gibe the,
perron mhom thep fhoula implop therein a Commitfion mith fuch Cirectiong ana 3lnftructiong
ag thep in their Ctperience ana 3uagment, ana upon aabice fhoula conceibe heft, to conauce to
the happp aifcoberp of the faia pairageg,ana to ufe anp other meang thep fhoula think moft fit
foj the better effecting of the faia acfign, ana We aia therehp grant them full pomer to gibe
fuch perfong Cjaer ana 0utho;itp to take pofteffion foj fMg of all fuch Ilanag ag thep fhoula
Bifcober ana conceibe might he of ,aiabantage ana l^onourahle foj tKg to obm ana hola. ^na
We aia therebp gibe to the HDifcobererg thereof, ana their ^abcnturerg, ana their l^eirg
fojeber, a full fKoietp oj half paetg of all benefit of Cuftomg ana SDutieg, ana mhatfo^--
eber elfe bp SCraae, plantation 03. othermife might arife therebp, in recompence of their
Chargeg ana ha^ara in the faia SDifcoberp, referbing to Cur felbcg onlp the ^oberaigntp
thereof, ana the 3ntereft ana aitpofing of the other ^otetp oj half part, a^ua foj the better
0ccompliChmeut of thefe hopeful ^erbiteg ana Smplopmcntg, tenaingfo much to thecoms=
mon gooa of Cur people ana J^ingaom,We aia therebp put unaer the charge ana Commana
of the faia Captain weddall ana Nathaniel Mountney, all the faia ^hip^j the Dragon, the.
Sun, ana the Katharine, auB Other pinuaccg, ana taelfelg fetfojth foj that fHopageana
Cuterpji^e, oj mhich fijtada he aaaea to the famc i gibing them full pomer ana ahfolute
authojitf,'
Fraud and Opprcffion deteftcd and arraigncdf 85
autlojitV) toitl) tlje atsijtce ana confcnt of ttoelae able anb fufftctent men, tobtcl)
HoulD be of Countil, ano confitt of fip able §>eamen, ano Cr ^ercljanto ano i^aoojjs, htcb
ao tbe? ftoulo felert, ano tntbetrSttOgmento cOnceibemoft able, ofbJljtrbtljetljen Captain
oftbe0timtralllottlo babe a bearing Cfolce, to £DjOcr, SDlfpol?, anOCcmmano all tbe
i^aScrg, pioto, Jloatlbaatno, d^unnerjs, llCftlcerg ano dtbero mijatfoeber aboaro oj belonging
to tbem oj anp of tbem: 0no llbebslfe to ^joer, SDllpofe atto Commano all tlje SiJcrcbantg
JFattojg, ^urferst, ano all otboro mbatfoeber aboaro oj belonging to tb^w ojanp of tbem'
Ibltb potoer to olfplace ano put out of tljelr C^ffttesi fucb ao ibcp Cioulo not fino fitting to
ttnoergo tljc fame;, ano to put Into tbe fame £>fflceb fuclj otljero ag tbep fl-oglo cdnrelbe moft
fitting ano cap ble t Bno llbelblfe to ta&e out of one ^bip, ano put Into dtberg, fuel; per^^
fon ano perfono ag tbep (l;oulo toncelbo fitting ano ntcelfarp, ag mlgbt be moll beljobeful ano
aObantageoug foj tbat fuojfe ano ^erblce. ^no In cafe of mattcrg of pjlbacp, tbe Councel
to confitt of fibe, toboreof tbe tbtn Captain of tbe domical, ano cljlef ifeercbantg to be tbjo,
ano tbep to make cljolce of tbree otberg i 0no If anp Csfflcer oj anp otber perfpn appertain;^
Ingtotbefalo «>erblce, oj &blpo Iboulo be rcfradojp to tbelr Commano ano i)lreclong on
tbat bebalf, oj Commit anp oifojoer oj offence tbo^tbp of pttnlfl;ment, Me olo tberebp
0tttbojl5e ano Commano tbem to punlQ) bint o; tbem fb offenolng, accojolng to tlje fenoban
£Djoerg anO Cuffomg of tbe §)eag; 0no becaufe in fo long a SHopage tljere mlgbt be occaCon
foj tbelr moje punllbment tban ojolnarp, Me olo tberebp gibe Cpoer fo? one otljer Com^
mltrion to be glben, 0utbo?lnng tbem to ejcecute ^partial Ham Upon alt fttcb ag ^oulo fo far
fo?get tbemfelbcg anO tbelr outp, ag to oeferbe tbe famb.
lino Me olo tberebp alfb gibe furtbef potoer ano 0utbo?ltn unto tbe Calo Captain Wcddall
ano Nathaniel Mountney, tbat In cafe tbep fftoulo finO It regulfite to Icabe anp S^ercbant 0?
otberg on ^Ijcar fo? tbe goco of tbeaCraoe, either at Goa, tbe Ccaft ofMallabar, China,
Japan, 0^ In anp otber place mbcrefocber tbe? tboulo come, tljcp mere to make choice of the
moll able ano trufip amongff tljclr &blps that Iboulo be milling there to remain, ano to con^
ffraln none that mere unmllilng to flap beblno tbem, taking efpectal tare that tljofe mbom
tbep (Ijouloleabe In tljofe partgbeblno tbem, might be fafe ano mcll treateo, ano leablng
I'h m?ltlngttnoer tbelr J^anogano the Common ^ealof tljelr Companp,, a S>lgnlficatlon to
all Cur &ublertg that Iboulo 0? mlgbt fino tbem tljere, ailjnt It mag Cur epp?efg pleafure
ano Comtffano, that tljep fljoulo not moleff, Ijlnoer, 0? olffttrb fucb perfong ag tljep IboulD
fo leabe In tbelr gtilet Craoe 0? aCrafflck at tbelr perllg, ano upon palti of £Dur Ijlgb Inotgss
nation ano ollpleafure.
0no Me Olo tberebp mo?tober gibe full pomer ano 0utbo?ltp to tbem, anO fttcb'ag mere
l3pbenturerg mltb tbem In that fo lauoable an unoertaklng, to make ano ufe Cur Common
&eal, mbcreln mag to be engraben, a Lion PalTant Gardant, between three Imperial Crowns,
tb^eal allSDffpatcbeg, CettlfiCateg, iLetterg, ano other mattcrg concerning that 3implop?=
mcnt ano Slffalrg, , ,
0no Me olo tberebp declare SDur epppefg Mill ano pieafttre to be, SCliat all Hlcenceg,
Hlbertleg, p?lbHeogeg, Commanog, ^omerg, ano ;autbo?ltlcg tberebp glbcn, fijoulo ffano,
be gooo ano effectual to tbem, ano all tbelr 3^0benturerg mltlj tbem, ano all perfong lmj=,
plopeo mltb 0? unoer tbem i notmltbffonolng anp €'?ant 0? patent fo?merlp glben to tljc.
Companp of spercbantg, SCraolngto the Eaft-Indies, the Turkey Companp, 0? anp otberg
mbatfoeber.
;9no Me olb tljorebp alfo erp?eflp CdmmaffO anO Charge, afmel all Cfficerg, ag otberg
mljatfoeber, belonging to the falo Eaft-India Companp, 0? Implopeo from, bp,0? unoer tbem,
d? anp of tbem, not to moleff, olffurb, opblnOertljeCrecutlon of CiurCommatiog tberebp^
glben, 0? anp i©fflcer 0? otljer perfon Implopeo In the fame, bp anp mapg 0? meani mbat#^
foeber, ag tbep 01 anp of tljem moulo anfmer the contrarp at tljelr utmoff perllg,^
^rio lafflp, £Dur efpeclal Commano alio tberebp^Mag, 2^ba^ fo? anp thing oone 0? to be
Oone bp bfrtue of that ^ur Commllllon, neither tbep the falo Captain John weddall, no?
Nathaniel Mountney, 0? anp Otberg mblclj Ibottlo be ^Obcnturerg 0? implopeo In tljC fame,
ffiouloat anp time befo?e, ourlng, 0? after the falo tHopage be^ueo, ^ffieffloneo, 3m#=
pleaoeo In Hato, 0? In anp Court moleffeo 0? troiibleo bp reafOn of feriolng the falo ^ijlpd
to the partg of tlje Eaft-Indies, 0? to anp the ^artg 0? piaceg In £!ur falo Hetterg mentloneo
fo? that It mag €)ur fpeclal Cltcfllon arto Commano to feno the fame,ano fo? fttno?p ibelgbtp
Kcafong ano spatterg faeff knomn to HHg fo ag the fame mere not fo? rttatterg perfo?men!
contrarp to that £iur Comntllflon, 0? to tlje p?etuolce of the Bobenturerg In that dopagc t.
2no ag an Cnlign that tbep mere efpeclallp implopeo bp SIg, ano of £)urC?3clottg care of.
the gooo of that oeCgn, Me olo tberebp ;autbo?l?e ano regulrc tbem to carrp In all tbelr
gi>bipg the fame Colottrg, commonlp calleo the Common ^lag, mljlclj omff ^blp,'
86 Friud and Oppreffion detected and arraigned.
ann none fcut ttje tmplo^co in ^Dur particular ^erpice ouglit to bear i notiaitlttantiing
^Dur erpjefei^?oclamation Ijeretofoje to tlje contrary: Sno as foj ali ot^er mattero, either
of <0onernment oj ctljerinife, concerning rije faio 3fmpIopment ano SDifconerp, We referreb
tljem to tlje Snflructtong Cguco bp Sto bearing SDate init^ t^e fame our Jiettcrg.
0no whereas We bp Dt ^er £Dur ILectero patents! unber ^lur Mopal Signature an» ^ig^
net, bearing SDate t|e fame tlneiftl) of December, .fiDne tfjoufanti fir Ijunsjeb ttirtp fibe.
;3nbin tlie fameClebentf) pear of £DiirMaign, foj tlje better performance of tljcfaiu tElop^=
age, bib gibe anb grant unto &ir William Courten anbotljero, tlie iiperc'bant^ anb0bben^=
turero in tlie faib ^opage, anb tljeir 0gentis anb 0ffigno, full poiner, licenfe anb autljojitp;
anb tljat it fljoulb anb migljt be lalsful to anb for t|em to bup anb take up toitiin ^ur Healm
of England, anb SDominiono of tljefame, tlie §)um of ifortp tfioufanb pounbo in i?oreigjt
<0olb anb ^ilber, or bullion i or i^oreign 0olb, ^ilber, anb llBullion to tljat balue. ;3nb
tlie fame fo bouglit or taken up, to 2Eranfport in tlje intenbeb tUopage aforefaib, into anp
iforeign ^lace or piaceo bakatfoeber i mlicrebp anp tljing map be effefieb bokicli fais tkep
conceibe) migkt conbuce to tlie §>erbice aforefaib, baitljout tlje incurring of anp '^enaltp,
ifcrfetture, or otfier punifiiment for tlje fame > ^nb baitkout anp Cufiom, ^ubfibie,
compt, a^utp, or l^apment to be tljerefore mabe, paib or giben to tttb, £Dur l^eiro, or
^uccefloro, or to anpSDurCfficeroor^inifiero, or to anpotker Perfonor Perfonotokat;?
foeber in tkat bekalf: 0ttb tkerefore bp tlje fame iSDur lafi mentioneb JLetter^jtfSKe bin regtiirc
anb ^utljori^e all anbeberp ^ur ^fficeris, ^inifiero anb ^ubjecto baljom it bib or fljoulb con^=
cern, 2Co permit anb fuffer tke faib ^ir w illiam Courten, anb tke sperckanto anb 0bbentujs
rero aforefaib, anb tkeir 0gentis anb ^ffignis to kabe anb take,tke full benefit of tljefe £Dur
CommanbO anb ^Liberties, accorbing to £Dur ^leafure tkerein beclareb. ;3nb We bib
furtker for HSO, ^Dur l^eiro, anb §>uccefforis» gibe full l^objer anb Sfutkoritp to all anb
eberp ^Serfon anbHSerfonobokatfoeber, b3kokabor fiioulbkabeanp iforeign dDolbor^ilber
of iiullion remaining in tkeir kanbjs, tkat tkep migkt fell or erckange tke fame to anb
ibitk tke faib &ir William Courten, anb tke ^erckanto^bbenturero aforefaib, anb tkeir
^gento anb acfignis to be bifpofeb of accorbing to ^ur l^leafure tkerein beclareb s ft ass
tkefameiforeign(0olbor&ilber, or JlBullion baere folb, epckangebor tranfporteb mitkin
one pear nert after tke ^ate of SDur faib Hettero x 0np S,ab), Statute, Set of
liament, l^rokikition, proclamation> ILettero patent, ^rbinance or otker mattero or
tkingo to tke contrarp in anp bJife notbiitkllanbtng. 00 kp tke fame ^ur feberal Jlettero
among® otker tkingo more at large map appear. ,
0nb whereas We bp ^ur iLettero unber £Dur l^opal Signature anb Signet, bearing:
bate tke fame snmelftk bap of December in tke (Elebentk pear of £Dur Keign, kabe for tke,-
reafono tkerein erprefieb, giben anb granteb to tke faib Captain John Weddall, in cafe of
urgent necelfitieo, ano all fuck ao fkoulb fucceebkim, bp birtue of i^urCommiffionkerein
before relateb, full pobier anb 0utkoritp to call Ijolb anb keep a partial Court x 0nB
tkerein aftoel bp examination of Witneffeo upon tkeir€iatkO> aobp all otker labaful baaps
anbmeano, to kear anb betermine all Caufeo, Criminal^utinieo, SDifobebienceo, anb all
unlabaful 0cto anb SDeebo, of mkat nature, name or gualitp foeber tkep be, bone or com^
mitten bp anp Mariner, teaman, or otker perfon or perfonss of or belonging to anp tke
^kipo or pinnaceo aforefaib i anb all Ciffenboro tkeretnto ckattife, correct anb punifii, ajs
tke greatnefo anb gualttp of tkeir fault fiiall reguire v 2Ckot io to fap, for anp toilful
burner, or anp notable sputinp (tke fame being bp bue anb latoful toapo anb means trulp
anb lufilp probeb) %o execute anb take atoap tkeir lines, or anp member in force anb orber
of tke fpartial Hato. 0nb for all otker lelfer €iffences to punifii tke SDelinguent accorbing
totke kttotonlLatosanb^irbersof tke Seas > 0ttbto netermineall fuck pribate Contracts,
Controberfies, patters, Caufes anb Complaints as fiioulb kappen to arife, groto or be
mobeb betto^n anp perfon or perfons in tke faib ^kips anb pinnaces, tkat pribate s!Quar^=
rels anb SPiffentions migkt not kinber or prejubice tke ^erbice anb 3mplopment for
tokick ke kab receibeb Commiffion fromtMs as aforefaib, anbbpC'urBnfirucions of tke
fame 2Date for tke faib Captain John Weddall anb Nathaniel Mountney in tke faib iKopage.
We kabe amonott otker tkings, giben unto tke faib Nathaniel Mountney all fuck 0utkoritp
potoer anb Cbmmanbfor goberning anb orbering ^ur faib Subjects on ^koar, as We
kabe bp tke faib IHnSrurtions, or bp anp of €)ur Commiffion giben to tke faib Captain John
Weddall at §>ea, or a §>kipboarb x 0ttb bp Cur faib Slnfiructions, We kabe fignifieb Cur
Will anb pieafure tokat perfons fiiall fuccettibelp fucceeb in tke Ckarge of tlje faib
tllopage, in cafe tke faib Captain John Weddall Ikall fortune to bpe before tke enb of
tke fame. 0nb to tljat enb kabe tkerebp giben to tkem anb eberp of tkem fo fucc®bing,
as full anb ample potoer anb 0utkoritp to all intents aub purpofes as We kabe giben to
Fraud and Oppreffion detefted and arraigned. Bf
itlie faio Captain John Weddall bp fat» 3nttructtong, oj anp Cur faiir ComtttiffiDniSi
And whereas Me bp £Dur otbrr Jlettrris unncr £Dur Kopal ^ipature anb §>iijnctj ^atea
the i^inrtcentlj nap of t^e famo ^onetb of December, in tjie fatb Clobrntb ptar of Ciur
auotgtt, birotreb to the fatb Captain John weddall, oj to the Chief Commanber of the iliac
lohereof the Dragon Ujao ^bmiral, fet fojth bp Commanb from tUlo foj a tKopage to the
g>outh sJeao, anb Keiating that upon an ^Dberture of SErabe ntabe in January then laH
aElnelbe moneth bp the viceroy of Goa, from Cur bear 21fjother the King of Spain, unto
the JSjeCbent anb Council of Cur Eafl-tndia Companp x ®Ie embjacing the faib offer, han
in purfuit thereof, Contmanbeb to be fet fojth the Cob ^htp the Dragon, the Sun, the
Katharine, the Planter, the Ann, ano the Di fee very, laben bjith ©ffibg aub flperchanbi^egof
great balue, p?operanb fitfo;Crabeb)tththe Portugals, anb otherg in tljofe "jBarto.
And forafmuch ag UHlle anb biberg of Cur ^ubjectg bp Cur Comtnanb, habe ban at a berp
great Charge in fetting fojth anb labing the faib &hipo on® ^Illelfelg ■. baherebp to gibe affu;^
ranee of Cur Royal anb clear intent, to embjace anb entertain the SErabe fo fralp offereo
unto HEg ag afojefaib, Snb not Ijabing meang in fo tojt a time to fettle tlje lame bp futh a
i?ojm anb iLegal SEreatp baith Cur faib llBjother ag boag req,Kiilte to oblige either of tKg to
gibe baap to fuch a free SErabe anb Commerce. We bib therefojc bp Cur faib JLetterg,
reciuire, authoji?e, anbbirett hobJthe faib Captain John Weddall, oj the Chief Commans^
ber of the faib iFlect, Ci)Dulb bemean anb comport himfelf tohen he cometh to Goa anb other
Partg thereabotttg» 3ln cafemhenhe cometh thither, the ^ubjettgofCurfaibllB^other the
King of Spain fl)Oulb rcfufc anb hinber hint in SErabing in thefe JSartg i oj that anp Ihoulo
in contempt of Cur Commilfiong, i.etterg anb BSnftructiong, giben unoer Cur Kopal
l^anb anb Signet, ufe anp biolence to anp of the &hipsi unber hib Commanb, oj to
the 0cD»g ot |0erfong ferbing in oj belonging to the fame g>hip!S oj Stlelfelg, ag bp Cur
faib feberal lletterg, Commifticng anb Hnttructiongj relation being hab unto them, mo?e
fullp appeareth.
And whereas tlje faib gtob &hip!^5 the Dragon, the Sun, the Katharine, the Planter, the
Ann, anb the Difcovery, herein befojc mentioneb, btiere pjobibeb, birtualleb, labcn ano
fitteb, anb are all reabp to put to ^ea in the faib tKopage unber the Commanb of the
faib Captain John weddall anb Nathaniel Mountney, at anb bp tlje Charge anb Sbbenture
oftttg, anb of Cur 2Eru®p anb faithful §>erbant Endymion Porter Crci,i one of tlje Cjcomg
of Cur ^eb^Chamber •, anb of Cur faib late 2Eru0p anb Well^belobeb Subject ^ir William
Courten i^ntght, lince SDeceafeb , anb Thomas Kynnafton anb Samuel Bonnel Upercljantg i
boljom We Commanbcb to be 0bbenturerg therein , anb of their JBartnerg, mljerein the
faib &ir William Courten hab anb bare the greatell part of the Charge anb 0bbenture t
Now know ye, Ehat We being minbeb to gibe all further incouragement to tlje 0bben^
turerg in the pjofecution of this! their Cnterpji^e, of Cur fpecial Grace, certain Knowledge
and meer Motion, for Us, Our Heirs and Succefcrs, 2Do ratific, pjobe, gibe, grant anb COns=
firm unto the faib Endymion Porter, anb to William Courten ( ^on anb l^eir, ano
fole CrecutOJ of the faib ^ir William) Thomas Kynnaflon, anb Samuel Bonnel, anb to the
faib Captain John Weddali anb Nathaniel Mountney, anb to ebcrp of them, anb to all anb
cberp their JBartnerg anb 0irocia,teg in the faib 0bbenture anb HHopage ■, 0nb to their anb
eberp of their 0gentganb0irigng, the faib feberal Crantg, litcenceg, JSobierg, 0uthojtj^
tieg, Commilfiong, 3nllruttiong, Commanbg, SDecIarationg, 0eg, ipatterg, SEhings anb
ether the JBjemiffeg in oj bp Cur faib feberal JLetterg, CommtfftOng anb BinUrutttong,
anb eberp oj anp of them, giben, granteb oj beclareb, oj mentioneb to be giben, granteb,
bjbeclareb, in fuch manner anb fojm, anb bJith fuch limitationg, alterationg, anb relloja#:
tiong ag are therein erpjeffeb anbbeclareb. 3Lljatigtofap, 2Ehatthep tlje faib Endymion
Porter, William Courten, Thomas Kynnafton, Samuel Bonnel, Captain Weddall, Nathaniel
Mountney, anb their partnerg anb 0irociatcg in the faib 0bbenture ahb fflJopage, oj their
oj anp of thr 0gentg oj 0l£igng, bp Ulirtue of thefe ipjefentg, bj anp of Cur Com^^
mifCiong, JLetterg anb ^nftructiong herein befoje mentioneb, lhall be Itcenfeb, pjibilebgeti
oj tnableb to 2Erabe onlp into fuch of thofe JBartg anb paceg befoje^^nameb, inhere the
faib Eaft-India Companp hab not fetleb ifactojieg anb SErabe befoje the2ElBelfth bap of
December, Cne thottfanb fir hwbbjeb thirtp anb fibe, being the time We firtt granteb Cur
Commilfiong anb Infirutfiongto the faibCaptatn Weddall anb Nathaniel Mountney ag afojes^
faibi neberthelefg. Cur intent anb meaning ig, tljat tlje faib Eaft-India Companp, ojanp
otherg inhatfoeber, habinglaboful Wight, pjibilebg, JLtcence bj 0uthojttp tbSErabeinto
anp the ^artg bj placeg befojc^mentibneb, fijall not bp birtue of thefe pjefentg, b? of Cur
faib former CommifCiong, oj anp thing therein containeb, be rettraiuib, hmbereb oj irns^
peachebbf, in, oj from their fraSCrabe, refojt anb Commerce there > anp thing herein
X metttionea
88 Fraud and Oppreffion detected and arraigned.
wcntioneB fo tlje comrat? noiUitt^ifanuing. Eo Ijaue, l^olD, tafee ann cnjor, 5o, crecut^
aui! perform t|e faiD pjcmtffcis to all tntriits anti purpofeg, iit asi full, large, atnple ano be^:
ttefictal maimer aiSt^e fame ip^DurfeDeralCommifltottg, ILetteris ann Snftruttibng, oj. anp
of tl}em taere ginen, granteo oj oeclaretTi oj erpjeffeo, oj tntenoeti oj meant to be tbrrebp
giben, granteb, oeclareo oj erpjeffeo, in fttcb manner anufojm, anobDitbrucb limttationisfj
alterationis ano refiraintss a? afojefato, ano not otljertoife, tottbout let, cental, contracirton
oj impeacbment of 010, ^nr l^etro oj ^ucceffoj^, oj anp of 5tl0, oj anp of ^ur ^fficersi ana
5l9intllerg(, oj of tbe fata Eaft-India Company, oj of any otber perion oj perfono, llEoay
^poltticfe ojCojpojate, oj any ctbero tobatfoeber Cfabtngana ercepting cut of tbtoCttr
pjefcnt <0jant ana Confirmation, all tbat Claufe brrritt befoje relatea, ana in one of C^ur
faia iLettero tontainea, concerning tbe ^ifcobery of tbe ^Saffage into tbe Atlantick Sea; ana
tbr ?lanaa tobeaifcobereaanatafeen|5offelfion of, ana fucb part ana benefit of oj bytlje
fame, aoijs thereby mentioneato be giben to tbe SDifcoberera, ana tbeir 0abentureris i
mbicb Claufe Me tbinlt fit hereby to be eyplainea, the F'artieis to be imployec by ana uvi^
cer the faio Captain John Weddall ana Nathaniel Mountney, fo?. the making of fucb SDifco#=
bery, not being the parties Me meant to intereft therein, by cj unaer the name 0? title of
SDifcoberersi i ffiut tbofe that Me meant fijoula take benefit thereby, toere the faia Endy-
iTiion Porter, &tr William Courten, ThomasKynnafton , Samuel Bonnel, Captain John
Weddall, ana Nathaniel Mountney, ana Other 0abenturer0 in the faia tUoyage, eberyof
them accojaingto the pjopojtion of their refpectibeBabenturera. wherefore Me ao by
tljefe pjefent!3,foj tKo, ^ur%eiris ana ^ucceffojg,. gibe ana grant unto the faia Endymion
Porter, William Courten, Thomas Kynnaflon, ana Samuel Bonnel, Captain John Weddall
ana Nathaniel Mountney, ano their l^eir? ana 0frigns, the moiety oj half part of all fucb
l^egion^, Countreyg, aCerritojiess, 3fianas! ana ILanaa ais in the faia tHIoyage (ball be fo
SDifcoberea ana taken pofieffion of, ass afojefaia i ano the full moiety oj half part of all
benefit of SCollsi, Cufioma, ana SDutiegi, oj bihatfoeber elfe by SCraae, plantation, oj otber«=
biife may arife , either by, foj, oj by reafon of the faia paffage fo to be SDifcoberea,
oj by, foj, oj fay reafon of the faia Kegionsf, Countreyis, aCerritojiesi, panajs ana
llanag, 03. any of them, fo to be SDifcoberea ana taken polfelfion of as afojefaia.
STo babe ana to hola the faia moiety 03 half part to them the faia Endymion Porter,
William Courten, Thomas Kynnafton, Samuel Bonnel, Captain John Weddall anO Nathaniel
Mountney, ana their ^eirs ana Migns fo3 eber i fo3 the benefit ana behtof of tfaemfelbes
ana their partners ana 3abenturers in the faia tMoyage i ana of the l^eirs ana ^ffigns of
them, ana of their faia partners ana ^Obentttrersas afo3efata, rateably ana p3opo3tionably,
acco3atng to their feberal ana rateable p3opo3tions in the faia 0abenture, mhich ia acco3aing
to £[Dur firll intent ana true meaning, although not fo fully ana cl®rly erp3e(reo in ^ur faia
jletters. And whereas Me by ^ur 3!nftruttions h^t^in befo3e mentionea, aia (amongft
other things) (ignifie ^ur Mill ana pieafure to be, that the faia Captain John Weddall
ana Nathaniel Mountney, fljoulo thereby h^be full pobier ana 5lutho3ity to put in eyecution
all fuch 3!nfiructions ana 3?irettions as (houla be joyntly giben by the faia Endymion Porter,
William Courten, Thomas Kynnafton, Samuel Bonnel, 03 any th3® of tfaem, bohereof tfae
faia Endymion anO William Courten to be ttbo fo3 them > anO tfae reft of the 3abenturers in
tlje faia tKoyage, in b33iting unaer their lianas ana ^eals, f03 the biell 03aering ana go^j
bernment of the iperchants > ifart03S, ^parriners, Jlfoatfbjains, ana other Officers ana
§>eameninanyof the faia ^htpsi, ana fo3 the better P3eferbing ana benting of the faia
Croas ana ft9erchanai?es of the faia 0abenturersi asalfo the b3inging home fuch returns
as they fiioulo conceibe moula be of moft benefit ana aabantaget0na that fuch ^Dyaers ana E>i^
rections moula be as effed-ual,ana in as ample manner ana f03t,as if the fame has bmx therein
particularly infertea unaer a)ur JSoyal ^ana i as by ^ur faia BInftruttions may appear.
And whereas they the faiO Endymion Porter, ^ir William Courten, Thomas Kynnafton,
ana Samuel Bonnel, faabe at 03 about the time of fetting fo3th the faia ^hipss, giben fome
Snftructions ana SDirettions accoyaingly unaer their ^anas ana ^eals t 311 bJlnch Me ao
app30be of, ana ao by tfaefe p3efents fo3 nils, £Dur Heirs ana Succeflbrs, ratifie ana confirm
the fame •, 3na ao Mill, reftuire ana Commana the faia Captain John Weddall atta Natha-
niel Mountney, ano all Others ibhom it (hall 03 may concern, to follobj, obferbe, fulfil, ana
keep the fame acco3aing to the intent of thefe paefents.
3na fo3that the faia ^ir William Courten is nob3 aeao, ananebj Bfufiturtions 03^ire«=
(lions are 03 may be fit ana neceftary to be giben to the faia Captain John Weddall ana
Nathaniel Mountney, 03 fuch as (faall fuccao them in their feberal places 03 Employments,
by ano on the behalf of the faia 3abenturers, fo3 the better mannaging ana 03aering of
theit returns ana affairs in ana concerning the fain lEoyage. Me no by thefe P3efents
fignifie
t'raud and Oppreffion detefted and arraigned. 89
ggntfic anti seclare £)tir Mdl ana picafurr to ie. ^na ac foj ^0, ^ut ^grii'0 ana ^ttc^
cetrDj0, giae ana grant unto t%t fata Captain John Weddall ana Nathaniel Mountney, ana
thofe that (hall fucc^a them in their federal Charge0j full JBotuer ana ^uthojity •, ^tna ao
Charge ana Commana them ana all othera mhoni"in that behalf it fijall oj map concern, to
put in erectitton all fuch Snttruutono ao Ihall he hereafter jopntlp giaeh hp tk faia
Endymion Porter, Willia^n Courten, Thomas Kynnafton, ana Samuel Bonnel, tljetr feheral
(Ii;recutoj0, ^amimBratojoojMigna, ojanpthjeeof them, Inhtttaf the faia Endymion
Porter ana William Courten, tljetr feheral Crecutojo, 0amtniliratcj0 oj ^Iffigito to he thso
foj them ana tlje reB of the ^ahehturero in the faia fCJepage in injiting unaer their Ipanas
ana ^ealo foj. the toell ojaering ana gohernment of the sperchanto ana i^atlojh, Sarineroj
5iEoatfh3ain0, ana other Cifficero ana seamen in anp the faia ^Ijip??* 0na fo? tlje hetter pje#^
ferhation atta henting of the faia dl^ooao ana sperchanai^eo of the faia Slahcnturer0,a0 aifo in
the hjinging home fuch returno ao tljep mill conceihe mill he of moB henefit ana aahantage;
mhich ^Jher0 ana SDireCtono of theiro fo to he gihen, Me mill (hall he ao effectual, ana a3
flraitlp ana carefullp purfuea ana ohferhea, ao if the fame mere herein particularlp infertea
ana erpjeffea. And We do hp thefe JB?efent0, foj SEOjOur Heirs ana Succeirors ,a0 far ao in tula
Ipethjgihe ana grant unto the faia William Courten ,hi0 IpetrOsCrecutojo ana ^ffign0,a0 ma^
np ana ah great, fuctj, the fame ana it&e JSomero, ^utljojitieh, ^ntereffh, lienefito, JBjofttg *
JBjihileBge0,2lahantage0,atta J^ehemtnencieo mhatro2hcr,in ana concerning the faia 'Copage,
^htphana ^ahenturer0,?itB eherp oj anp matter oj thtngh mha,tfoeher,dn ana concerning tlje
faia faopage, ^hipo ana ^ahenturer0, ana eherp cj anp matter oj thing mljatfoehcr Ijahing
reference thereunto,ojaepenBattce thereupon, oj to the fame in anp manner of mife belonging
oj appertaining, ao the faia &ir William Courten Ijih late iFatljer haa i oj mao mentioneBi
meant oj intenaea to him oj foj him, to hahe hp S?ur fojementionea Commifficn Eettero ana
SttBruuiono, oj anp of them, oj otljermife homfoeher, accojaing to tlje true meaning of ihefe
JSjefenth, Our will and Pleafure being, tljat tlje CatB William Courten, Ijih l^eith, CreCUtOJh
ana ^ffignofhall he in the place ana ffeaa tf Ijio faif JTatljer, in all ana eherp thing ccns=
cerning the faia tKopage ana ana ^ahenture ao afojefaia.
And further know ye, SDljat Me hahing taken tlje J@?emiff£0 into Cur JSjincelp
care, ana being milling to contribute Cur Kopal dPjace ana fahour to an Cnrerpjije
of tljih nature, fo much tcnaing to tlje honour of Cur Kingdom, ana the enlarge#^
ment ana aahancement of the :Craae ana Commerce thereof, ana the better to encou?
rage ana promote the pjofecution of tljih aefign, fo imaertafeen hp Cur fpectal Ctrcetion,
ho of Our efpecial Grace, certain knowledg, and meer motion for lis, Our Heirs and Succeflbrs,
Cihe ana grant to the faia Endymion Porter, William Courten, Thomas Kynnaflon, Samuel
Bonnel, Captain John Weddall, anB Nathaniel Mountney, being tlje perfonh ^uterefTea bp
5110 in the faia ^ahenture, full ana frm ILicence, pomer ana 0uthojitp, SDhat thep ana their
J^artner0, ana their affignh, in further pjofecution ana aahancement of tlje fata 5Eopage
ana 0ahcnture, lhall ana map from time to time, auring tlje fpace of fiihe pearh nept enfuing
the iTeaft of the Enunciation of the bleffea tlllirgin Mary laff jiaB, fet fojth oj fena one op
mo?e &hip 0? ^hipjs, ®effel oj 5Beffel0, mellana fuffitientlp pjohiaea ana furntfhea, mitlj
^^en, sputtition, d^ooah ana spercljanai^eh to anp the J^arta op piaceh herein hefojc#:
mentionea, in fuch manner a0 afojefaia, tlje fame together mitlj their retojnh to he go#=
hernea, ojaerea ana aiipofcaaccojaingto CurfaiaiLetterh, CommifTtona ana SnBritctiona
herein hefoje^^menttonea ana confirmea aa afopefaia, ana fuch BnBrnciona aa ijahe ban in
that behalf gihen hp the faia Endymion Porter, ^ir William Courten , Thomas Kynnafton,
ana Samuel Bonnel , oj hereafter fljail he in that behalf, their Ceheral Cpecutoia, Eamtnis'
ffratoja, OJ Effigna, oj anp thJ® of them, mhereof tlje faia Endymion Porter ana William
Courten, OJ their feheral Crecutoja oj Effigita to he tmo, in mjiting unaer their l^anaa
ana §>eal0, there frMp to aCraae ana iCrafficfe in fuch manner ao afojefaia, mithout lett,
interruption, impeachment oj aenial of the faia Companp of ^erchanta of London,
SCraaing totheEaft -Indies, OJ anp other ^ocietp of 3lBerchant0, oj anp otljer perfon oj pcrj^
fon0 mhatfoeher, ana mith the fame oj like iLihcrtieh, jihileageh ana 35mmunitte0 in all
ana eherp refpect ana aegtce a0 to ana foj the ^hip^ aua ©toah alreaap lent, ana tWtt
tetutnh i0 mentionea oj meant, accojaing to the true meaning of tljefe p jefcnth j Enp Char^^
t£t, lLettet0 J^atenth, Cjanto of Incojpojation, oj of anp llihertieh, JBohjerp, 3turifatPion0,
Pjihileageh of SCraae oj aCtaffick-, oj anp Ext of Parliament, Statute, Cjainance, }@jc^
clamation, J^johifion oj ISeffriuion, oj anp other matter oj thing mhatfoeher to tlje con-
trarp thereof in anp mife nothaithSanaing.
And for that the taia Eahctiturerh herein hefoje^namea, ano their piartnerh, are like tot
hjing into thm Cur Realm a much greater guantitp of J'ojeign Commoaitieh from the
jpartii
9 b Fraud and Oppreffion detefted and arraigned.
01 ^Kacro kfoitJinoiitioncD, tljan can be fpent foj tlje necelfatp ufe of tbe fame
^tirlSeaimo, toljicb of netefftty mufl be SCranf^biteo into otbet Countrepg, ano tbetc
benteO X tEEle foj Cur Heirs and SuccelTors, of Our efpecial Grace, certain knowledg,
and meet motiorij 00 grant to tbe fatO Endymion Porter, William Courten, Thomas Kynna-
flon , ano Samuel, Bonnel , Captain John Weddall , anO Nathaniel Mountney , anO .tljeir
JBartnergj ano tljetr feoeral Cjcecutoio ano 0omtnittratojo, tbat at all time?, ano from
time to time, ourtng tbe fpace of SCtneloe Sponetljjs, nett after tbr oifcbarge of anp tjie
faio JToieign Commoottie, fo to be bjougbt in tbe ^ubfioieo, JBounoage, Cuffomo, anO
Dtber Cutieo fci tbe fame, being firft paio oi compounoeo foi ais afojefaio i 3t Cjall ano map
belatofttlto ano foj tbe faio Endymion Porter, William Courten, Tho. Kynnafton, Samuel
Bonnel, Captain John Weddall, anO Nathaniel Mountney , oj anp of tbem ano tbcir parts:
nero, ano tbeir feoeral Crecutojis ano 0ominiifratoisi, to SCranfpoit tbe fame freelp out of
tbiss iiDur ISealm, mitbout anp further Cuftom, pounoage, Slmpoll, oi anp otber ^ubfiop
01 SDutp to tHis, Cur ^eiro oi §>ttcceffoigi foi tbe fame, tobrreof tbe ^ubCop, pounoage,
CuSom, 01 otber Cutieo (ball be fo foimerlp paio oi Compounoeo foi ao afoiefaio t £no
tbat tbe Smpott paio upon attp tbe faio Coooo, Wareo, oi spercbanoi^eo of tlje 0ooentureris
afoienameo, oi tbeir partners, Cjcecutois! oi 0ominiftratoiis, fnbicb bp tbem Iball be Blmf
poiteo ao afoiefaio, ano after Iball be again fo Crpoiteo asi afoiefaio, Iball be repaio unto
tbem ano eoerp of tbem refpectioelp. ^no tbe faio Cuftomer ano otber Cfficer anO Cfficero
foi tbe time being, bp oirttte hereof, Iball upon one ano fufficient pioof thereof maoe in the
Cuaom4ioufe, oi Culfom^boufeo of oi belonging to anp of Cur poitis, lpaoens!,oi Cr®feo i
gibe tbem fufficient Cocketo oi Certificates! foi the fafe paffing out thereof accoioinglp, ^no
to the eno no oeceit map be ufeo herein to tEjs, Cur ^eirjs oi ^ucceffoisi, Certificates! Iball
bebiougbtfrom the Collectoisiof the Subfioieia, pounoage, 3Jmpott, oi other Cuties! in^:
maros! of tKsi, Cur Ipeirjs oi §>ucceffois!, to the Collectoisi of the Cufiom, pounoage,
Hop, 01 other Cutiejs oufkiaroo of ds!, Cur Heirs oi Succcffors i that foi the faio Ccoosf,
OTares!, oj spercbanoi^eo, there bath been mitbin the time limitteo, paio anftoereo oi fecureo
oue Cufiom, ^ubCop, pounoage, Slmpofto ano other SDuties! foi the fame ^ntnarosi. 0no
foi the taking amap of all &uits! ano Cueftiono hereafter to be bao, anomobeo again® the
faio 0obentureris in anp of tbem, foi, oi in refpect of the piobioing, buping oi erpoiting
foi 01 in the faio tlllopage of anp ifoieign Colo, &ilber, JlBullion, ^onep, oi plate, oi
other Colo oi ^ilber, not ercaoing i?oitp tljoufano pounog, oi the balue thereof, oi anp
Cionance, ^bot, oispunition, moie than tbep might feem to babe ufe of, foi, oiin the
faio Hopage. tMIe OO foi Jills!, Cur Heirs ano SuccelTors, of Cur efpecial Grace , certain
knowledgand meer motion, Memife, Meleafe,anO parOon to tbem the faio Endymion Porter,
William Courten, Thomas Kynnafton, Samuel Bonnel, Captain John Weddall anO Nathaniel
Mountney, ano eberp of tljem ano tbeir partners!, all Cftencesi, ^pifoemeanoiis, ano Con^
tempts! bihatfoeber, bp tbem oi anp of tbem committeo, perpetrateo ano oone in the lifes:
time of the faio ^ir William Courten, in, foi oi concerning the buping, piobioing ano
tranfpoiting of anp i?oieign Colo, &ilber, 51Bullion, piate oi ^onepsi, oi other Colo oi
^ilber in anp of the §>bip!3 JKeftelsi afoiefaio in the faio JHopage, not erciKOing in the
tobole the &um oi balue of ^oitp tboufano pounooi^no in foi oi concerning the tranfpoiting
of anp Cionance, ^bot, oispunition, bJbatfoeberinanpthefaio&bipssflll^effels! in the
faio JUlopage i ^0 all painis, penalties!, fumsi of i^onep, fines!, impiifonments! ano foifeitttres
tobatfoeber, foi oi in refpect of the offences ano piemiffes herein befoies^mentioneo to be
parooneo, oi anp of tbem i ^np Ham, Statute, Clbinance, pioclamation, oi Piobifion
tobatfoeber to the contrarp notbJithfianoing.
And foi the better fuppoitation ano aobancement of the faio oefign anO aobenture in fucb
manner as afoiefaio, JPleoofoiJllls, Our Heirs ano SuccelTors, gibe ano grant unto the faio
Endymion Porter , William Courten, Thomas Kynnafton, Samuel Bonnel , Captain John
Weddall, auO Nathaniel Mountney, ano tbeir Partners, ano tbeir feberal Crecutois ano
aiffigns, full ano fr^Hicence, pobaeranO^nthoiitp, SCbut it fiiall ano mapbelamful to
ano foi tbem, oi anp of tbem to bup ano take up b3itbin Cur Kealm of England ano SDos:
minion of the fame, at anp time oi times baitbin the fpace of fibc pears herein befoie#:
mentioneo •, fucb other i?oieign Colo, ^ilber, HBullion, oi plate, as to tbem Iball f®m
mitt, not ercccoing in the bJbole the fum oi balue of JFoitp tboufano pounOSi ano
the fame fo bought, oi taken up to tranfpoit in anp ^bipo oi ©effels lobtcb tWp
Iball feno toitbin the fpace of fiibe pears into anp the parts afoiefaio in fupplp oi
piofecution of tlje faio 0obenture as afoiefaio, mitbout incurring of anp penaltp, foifeiture,
01 other punilbment foi the fame i paping to Jills, Cur ^eirs oi ^ucceffois foi Cuffom, ano
all other Cuties foi the fame, after the rate of ®bietp Ibdiings foi eberp ^^unoieo pounos
of
fraud and Oppreffion detected and arraigned.
pi tie faiD iFojtv tljOttfauD pottnns:, tolicl fijall be fo CDrpojteti ass afojefaic. ^nti tlecefote
tuaile 50 iniU ano req.ttire i)tic lEreafurerof England, t|e Commifrioner0 foj ^Tttr
Treafury, attO t|e Commtffioner^ foj €*itr Admiralty foj t|e time being, £Dur ^lomtrai,
taice^^omiral, Captains, ati5ot|eca uftng ujion tlje^eaoi ^nD all ^aic'js, Stiatcea of
fieace, ^bci*iff0, OlBaHtff^, Confiableg, Culfomerg, Cctnptrbllero, gsurWyoj^, .^earcljcrg"
i^eepers of £Dttr pojto, Creefes ana ^atfage?, anb all otljer Cfficew anb SpuuHcre foj tljc
time being, anb all otljers £Dtir ^ttbjea^ tobatfoeber, Inborn it tball oj map concern, to
permit anb ftiffer tljefaib ^bbenturero, tljeir Agents, iTaaojo anb ^ffigng, to babe anb
tafee tbe full benefit of tbefe tDur Letters patents, acrojbingto £Dur ®illanb^lcafure
berein beclareb t And we do furtber fojUils, :®ur Heirs and Succeffors, gibe full polner
anb Slutboiitp to all aftb eberp perfon anb perfons tobatfoeberi btbo babe cj (ball babe anp
i?ojeign 0olb, cj ^ilber, oj ilEullion, tbat be oj tljep map at anp time initljin tbe faib Ipace
of fibe pears herein befoje mentioneb, lainfullp fell oj ercljange tlje fame, to oj boitlj tbe
faib abbcnturers herein befoje^^nameb, anb tljeir Slgents, i?aetojs anb ^llfigna, anp
of tbem, to be bifpofeb of foj. tbe 0bbantage anb 0bbancement of tlje faib Sbbentttre,. anb
benefit of tbe faib ^bbenturers, accojbtng to £Dur intent Ijerein befoje erprelTcb t SlnpLaib,
Statute, Ad of Parliament, ^jobibition, Proclamation, Letters patents. Letters of pjibp
g>eal, 5l£t, SDroinance, bj otber matters btbatfoeber to tlje contrarp Ijerein in anp brifc not#=
fuitbfianbing.
And We do furtljer grant foj tms, S?ur ^eirs, anb §>ucceffors to tbe faib Endymion Porter,
William Courten, Thomasifynnallon, SamuelBonnel, Captain John Weddall, anb Natha-
niel Mountncy, aitb tbeir febcral Crecutors anb ^Kfigns, 2Cbat it Iball anb map be labjfttl to
anb for tbem to abmit into tlje faib JUopagc anb ^bbenture, fuclj fit anb m®t perfon anb
perfOttS as tljep (ball mabe cbotce of to Efibciate anb (opn unto tbem as partners anb parti=:
cipants in tlje faib debenture, JDeftgn, oj enterprise as aforefaib. 0nb tljat tljep tbe faib
Endymion Porter, William Courten, Thomas Kynnafton, Samuel Bonnel, Captain John Wed-
dall, anb Nathaniel Mountncy, anb eberp cf tljem, anb tbeir partners refpeuibelp, anb
tbeir refpectibe Cjtecutors, 0bminiQrators, anb 3ffigns, (ball or map latoftillp babe, talte
anb enfop to tljeir feberal anb refpefiibe proper tifes s accorbing to tlje proportion of tljeir
feberal Slbbentures, tbe benefit, procab, anb return of all fttclj S^ercljanbises anb (Boobs as
are or (ball be epporteb or returneb to i-r from anp tlje ports or places Ijerein before nameb,
accorbing to tbe tenour anb true meaning of tbefe Prefents.
And further, HHIle are pleafeb, anb bp tljcfc Prefents, for IKs, Our Heirs anb Succeflbrs, bo
gibe anb grant unto tbe faib Endymion Porter, Wiiiiam Courten, Thomas Kynnafton, Samuel
Bonnei, Captain John Weddali anb Nathaniel Mountney, tbeir feberal Cpecutors anb ^ffigns,
tbat tbep bp tbemfelbes, or tbeir ifaitorS o? Agents, Iball anb map labafullp fell or bifpofe of
in anp tlje places or Parts herein before nameb^ anp fuclj ^bip or S>bipo alreabp fent or
Ijereafter to be fent tbitljer tbitljin tbe faib fpace of fibe pears, as Iball become unferbiceable,
anb cannot baell be brought back again into ^ur Kealm of England, initbout incurring anp
penaltp, forfettureorpuni(bmentappointeo or probibeb bp anp tlje Lalos or Statutes of the
iKealm, or anp Proclamations or other Croinances or ISettrictions toljatroeber.
And We do further bercbp for llUe, iSDur Heirs or SuccelTors, Will, ©rbain anb appoint;
Snb bO gibe anb grant unto the faib Endymion Porter, William Courten, Thomas Kynnafton,
Samuel Bonnel, Captain John Weddall, anb Nathaniel Mountney , anb tbeir Partners, anb
tljeir febcral Crecutors anb ;airigns, anb eberp of tbem full pdbjer, licenfe anb 0utborttp td
fell anb put to fale battbin^ur Kealm of England, 3?ominion of Wales, or anp other
minion •, 011 or anp fucb Coobs, Wares anb spercbanbi^cs, as tljep or anp of tbem Iball
importorbring, or caufe to beimporteb or brought intotlje fame, for anp tlje parts or
places afore^^nameb as aforefaib, to anb for tbeir obon proper ufe anb benefit refpectibelp ■,
0nb (ball anb map lifeebJife frotlp anb labjfullp babe, ufe anb enjop all otljer tlje Poboera
dUrants anb Pribilebges berebp,or bp anp former,^ur Letters, Commiffions or inllructions
granteb, beclareb anb erprelTeb in fuclj manner as aforefaib, baitbout interuption, impebiment
or benial of the faib Eaft-Indla Companp, or anp other ^ocietp of spercljants, or of anp other
perfon or perfons mbatfoeber. 0np (Grants, Charters, Pobaers, Licences, or Pribilebges
to tljem, or anp of tljem, granteb to the contrarp notboitljfianbing, although erpreflp men>'
tioneb. In Witnefs,&c. Witnefs ;C>ur ^elf at Weflminfter, tbefirllbapof June, in the
SDljirteentlj pear of ^ur I^eign, 6cc,
Aai A
Fraud and Oppreffion detedted and arraigned.
A Copy of a Warrant from the late King in the Tear i6^i.
to renerp the Patent aforefaid for the term of Fourteen
Tears,
Charles R.
OUR Will and Plealiireis^ That Our Letters Pa-
tentSj dated the firft day of Jme^ in the Thirteenth
year of Our Reign, granted to Our faithful Ser-
vant Endymion Porter Efqj one of the Grooms of Our Bed-
Chmh&c y William Gout tenEtcp T homas KynnaHon ^ and
SamuelSonnelMerchants, and others therein named, be
renewed unto the (aid Endymion Porter, William Courten,
and Thomas KynnaHon , and to foch others as they fhall
Nominate, for the term of Fourteen years, to commence
after the expiration of the Grants aforelaid; containing all
the Recitals , Inftrudtions, Grants, Shipping, Powers,
Priviledges, Authorities, Benefits, and other things therein
fpecified, or fo many of them (and fuch other) as they
fhall defire for their Encouragement, and the advancement
of their Undertaking : which Grants you are to prepare
for Our Royal Signature. Given at Our Court at Wbite-
Hall, this One and Twentieth day of fme, in the Seven-
teenth year of Our Reign.
To Our Trujiji and JVell-heloved Sir Edward
- Herbert, Our Attorney GencraL
Fraud and Oppreffion deteded and arraigned.
93
To the ^ghi Reverend, and Right Honour able, the Lords
Spritml and Tempral in Parliament Ajjembled.
May it T leafs your Graces and Honours^
'Hen the Houfe of Aujiria Had incorporated it felf with Spam^
Charles the Fifth furprifed Rome ; but was thriift from the hopes
of inlarging his Monarchy in Italy , by the force arid refpedf of
Religion, Henry the. Eighth (King of England') being made Head
of the Confederacy againft him. Then the Emperottr pradfifed in Germany to re-
duce thofe Petty States to his abfblute Power, yet was prevented there alfb by
the Lutheran Princesy^'xth the afliftance of the laid Henrythe Eighth. Philip
the Second perilled the fame Ambition of his Father,and begun in the nether Ger-
many or Low Countreys, and fb to make his way farther into the higher Parts,
by redudion of the lower. But ^een Elizabeth likewife hindred that defign by
fiding with the afflided Burgundians on the one part (after her Mediation would
not take effed for a reconciliation) and making her ielf the Head of the Prote-
ftant League with the Princes on the other part. And fb by a Secret of State gave
countenance and reputation to Tr^»<; e,and a Security and Prefervation to England.
Spain feeing their hopes thus fruftrate by thofe unions and their own ffraits,
endeavoured to break the Alliance between England and France.kxxdt finding the
common danger the fureft way to raife up Parties in his own Dominions he diffrcT
fed theFrench fb much,that had not the ^een of England, and other afiiftants in-
terpofed with their Arms and Moneys to relieve France, Spain had removed the
greatefl obflacle of their Ambition. The Spanijh Council then forcfeeing that.
England was the greateft obftrudion in their way,did by fecret pradices and open
fury, feck a revenge againfl the 'Ayieen, who never after would admit of a Peace
with that Crown during her life. However Kwg James fucceedi g her, and
finding that the Hollanders, and France, with other Allies , was a Match hard
enough for Spain, heentred into a Common Amity with Philip the Third, and
fb continued Neutral with AuUria and Spain, until the Palatinate and Bohemian
War, which was made by the inftigation of the States General,. without the ad-
vice or confent of From whence your Lordfhips may infer, that
England which kept the Ballance oh Europe fo well in thofe days, is fir better able
to do it now, having fb many other circumftances of advantages and profit atten-
ding the Crown and Kingdoms belonging to the Empire of Great Britain.
But I rauft not forget to acquaint your Lordfhips, that during the Truce be-
twecn Spain and Holland,-ptoex\ted by the Mediation oh King James, tfie Faftion
ohBernevelt incorporated themfelves into theE<H-India Company of the Nether-
lands, that have proved more obnoxious to England, than all other Nations
befides: A People (fenfible of nothing fb much as Trade and Profit)) fbon after
broke through all Obligations, Treaties, Contrails and Covenants between the
two Companies in Anno 1613. and 1619. and would not content them-
felves with any thing lefs than the Extirpation and Ruine of the Englijh through-
out all the Spice Iflands.
As it was an Error in Policy and Judgment in the lafl Age to fiiffer the Hoi-
landers to grow fb High and Mighty by the fpoils of Portugal, Spain and others
in the Eaflern Parts of the World , fo there have been opportunities loft in this
Age to have regained thofe Englifi Plantations of Amboyna, Pollero??., See. for ever,
that were moft injurioufly taken away from the true Proprietors. But the Dif-
contents arifing upon fears and jealoufies in England,concerhxi\^ Religion, Liberty,
and
04 Fraud and Oppreffion deteded and arraigned.
and Law, were always more fatal Enemies to us, that any Foreign Forces
whatfoever.
I leave the Defence of the late JCw/s Grants, Anno 1635. to Sin Willi am
Courten and his Partners, and the Letters Patents of His now Majejiies^ for Elpe-
cial Reprilals in the year 1665. (with all the Claulesand Limitations therein)
unto your Lordlhips Guard and Protedion, being iuch matters of Record, that
by your Countenance and Favour will be able to (peak plain Englijh^ and to let
the World know, that there are ftill the lame grounds and reafons to reneW and
continue thofe Patents, as there was a foundation in Juftice and Honour at firft
to Grant them ("more efpecially fince the himfelf hath fo often declared
the lame J. Sir William Courten and Sir Paul Pyndar being eminent Perfons that
had ferVed CcitCrovpn and Kingdom, not only with their whole EJlates , but had
extended their Credits, to the value of 350000 /. fterling. Principal Money, in
the Service of King James, and King Charles the Firft, towards the ordinary
Charge and Support of t\rtCrown 5 and if thole Services and Sufferings of Courten
and Pyndar Ihould be made Prefidents of their Misfortunes, like Curfes of the
Old Law, what incouragements would there be for future Ages to ferve their
King and Countrey.
There continues agreatnoife in London £nom divers of the Heirs, Executors,
and Adminiftrators of the Creditors in the Schedules hereafter mentioned, that
addreffed leveral Petitions to the King and Councel in the year 1674. for fome
part of the 800000 Dutch Pattaconestowards their Satisfaftion, but could not be
heard j and a greater complaint from others that lyes at the Parliament Doors,
with their Cafes annexed, as they are let forth from the 6ot\i folio of the fecond
Book, to the 64th, the end thereof 5 Declaring, That it's better to take away
their Lives than their Livelihoods, or be left to lingring Deaths. Signifying
by the lame Rule, that if a particular Right unto Five Pounds may be taken
away from private Perfons in liich Cafes, Five Millions may be alio taken away
in the like manner^
As for my own part, I have eaten none of the King's Bread 5 neither do I
delire to be put into any better condition, than I was at HisMajefties moft Happy
Reftauration 5 yet I lhall offer thofe things in the following part of this Book,
which may anlwer the Ends and Expeftationsof all true Englijhmen, that delire
to improve their underftandings in thofe advantages, that are now put into
the hands of the King and His Subjeds, not only for the benefit of thofe
Creditors and Proprietors aforefaid ^ but for the Honour, welfare and prolpe-
rity of His Majefty and His three Kingdoms. In the profecution whereof^ I
humbly conclude my felf.
Right Reverend, and Right Honourable,
Tour moli Faithful and Obedient
Servant
G EORGE C A R E W.
fraud and Oppreffion detefted and arraigned^
9l
A Schedule of the principal Debts cotitradted bp Sir William CouHen^ arid Coffl-
pany before his death, which moneys were employed in the Linnen Trade.
N .I
1o
1.
Jo^tM Calf, by Obligation fori
the Principal Debt of — j '
Svc William Hmet
Thomas Hewet —
Edmond Gromt — ■
Edmond Hamond-
John Bedle
John Blaise
s. d.
oo oo
sir William Mon •
John Eajl
John Virmoutiom —
Jofina Hobell ——
Dt.John Gifford —
Thomas Broughton —
Sir George whitmore ■
Sir Robert Bannifier ■
Befler Stiles
Charles Libaert —
0500
0500
0400
0500
0500
0500
0^00
lyoc
6000
iooo
1000
2000
1000
0500
cfoo
1400
I
00 00
00 00
00 00
oojoo
00 00
00,00
Oo
00
00
00
GO
00
cojoo
00'00
00 00
00 00
00
00
00
00
00
00
To
Sir Edward Nichoias —
John Callnnt
nilliam Vanham
Richard Bennet ——
Sir John St, John
Mary Mulemafter
John Charles de Cordes -
Sir Robert Vucy •
Giles Budt
Timothy belters
Katharine Soen —
Morice Griffith
Elizabeth Cole— —
John van Bodec\
Richard Brantwaight - -
Cornelius Godfrey
Jeremiah williamfon---
Charles Bulteele -- —
Sum Total 27250 1. Principal Money.
1,
1350
oioo
0300
loco
s. jd.
00 00
00 00
oo'oo
oojoo
loooloo 00
0500 00 00
050000 00
o?oopo
0200 po
0500 joo
03oojoo
OlOOjCO
O2oojco
ojoopo
I coo 00
t
0500'oc
' 030000
040000
A Schedule of Debts contradted in the Year 1636. by WilUamConrten Elq; Cafter
the Death of his Father J for which Sir Edvoard Littleton ftood ingaged, and
had a Counter-Bond dated thc4thof^%we 1636. to be laved harmlefi being
the proper Debts of Sir William Court en.
N.2.
To
Hugh T>od for—- —■
Edward walrowt —
Sir Edward Bari^ham
Sir Thomas Dacres —
The Lord Monmouth-
William cowper — —
Robert Aujlen
William Walton
Sir Robert Crayjord -
Sir Robert Crayford -
JohnNeak
S.ld.|
0520 OOOOj
04140000,
■ 1512
lopoi
20d2
10
00
• 2075
00
00
0721
00
00
2075
00
00
- 1622
15
00
' 2080
00
00
- 1560
00
00
- 0828
00
00
To
Sir William Hici^s —
Gabriel Parnifh —- —
Sir Richard Shelton —
Sir James cambell - ■—
Sum Total 30291 1. 5 s. Principal Money.
George Mynt
Robert Vavies and Tlio Smith o? i8
Sir Tho cheeks
Sir Robert Reeves'—
Sir Richard Shelton
Thomas Ouldfeild—
Sir Robert Ayton- •
I.
s.
d.,
2080
00
00
0518
15
00
1035
00
00
1040
00
00
1035
00
00
0724
10
00
2587
10
00
0? 10
15
00
1242
00
00
1035
00
00
3060
00
[00
A Schedule of Debts contradted afterwards, by William Court en Elq^ Sir Edward
Littleton,, Earl of Bridgwater, David Gouhard, and Sam. Bonnell, as his Securi-
ty, towards letting forth Ships, and liipplying the Fadtories in the Eaji-Indier.
N. I
To
I.
- 24800
- 2fC0
- 0200
- 2000
I $00
Sir Paul Tyndar fotr
Eufebtus Mathelvs— —
Edward Tucker — —-
Thomas Squire
Robert Read
Sir Thomas Soam and Company -12000
Tibowizr S«/fb Trufiee forthel ,
Earl of Shrewsbury 2 00
Francis Randolfe 1400
Leiceiier Dkureux 1500
Robert Havey — looo
IaAY Campden—
John Bedle — 1000 00
Lord Coleraine • ■ ■ 1000 00
Emanuel Probie loooloo
To
George Midlemore --
Thomas Leake
Benjamin wefion
John Mufiard
Thomas Cullam —■>
Andrew wall
Mary Standen
Philip Lemmon
Lord Coventry
Thomas Gate
Heneage Probie
Sir David watkins ■
James Long
Lady Kiugfmill
James Vickurs ——.
1. Is. ,d.
o$oo •
1600
— 0900
— 0800
— 1000
— oi5oo
— 1300
— odoo
— 0600
— looo
— oyoo
— lyoo
— ojoo
=— o§o
—• 0600
'00 00
00,00
00 00
00 00
00 00
00:00
00 00
oojoo
00 00
oopo
0000
oC;oa
oojoo
0000
COJCO
Am
Fraud and Oppreflion detefted and arraigned.
to
Am ivhonwood ■
Sir Thomas MiuUverer —
KjJthirins Hghlord
Kichard Lint
M-irj Conigsbye —
ATiiry Shtrwood---
Anthony Hibbons—
Richird jyumtney
Jeremiah Elwes —
Thomas Heath
Mr. ^ynie
Thomas Ntvill
Teter Calfe ____
Lzdy Quar Its——
George Smith
Francis Vanal^er
James Stanier
Charles Lord Stanhope —
Mary Vromont —
JohnCool^
Sit , John Gore— ■
wiiliam Harris—
Peter Vanloare — ——
Sir Anthony Vandii^e
William Bagott
William Love
Peter Langley
Thomas More —
Henry Meldrome—
Margaret Daniel
Con. Relinger
Sir Robert Thorold
Clara Bucl^-
I.
o^oc
' 0500
■ ojoo
OJOO
. OJOO
0500
0500
0500
■ 1000
0800
0500
0700
. i$oo
1000
05^0
ojoo
idoo
2000
1400
0400
0500
J400
1000
1000
s
00
oc
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00'
00
d,
00
00
00
00
,00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
To
James Maxwell —
Thomas Coppin— —
sir William Curtius ■
Ann uxley --
Giles Vanbrugg—*
John Pettiward—-
Thomas Biri^ead-'
Henry underwood'
Francis Warner — ■
Cordele Fleetwood-
— 0(5oopo
— 080000
050000
— 040000
— ijoopo
— 070000
— 50oopopo
— 20000000
■"* 14000000
looo'oooo
~ laoojoopo
— 150000,00
— iioo'oojoo
— 6400 0000
— 17000000
— iSoopopo
— 65000000
— 0500 0000
— 040opo'oo
Ifaac Barton fit '^tharine his wife 060c
Sir Arthur Genny — 0350
FrancisznA Thomas Hooper 0300
Katharine Hoar— 0300
Mary Ruddiar — '■ 1200
Robert Barnejeild 0800
Francis Hurdman ■ O700
Alice walcott — — odoo
Barnard Hyde
Fit^Hun Lambe — ^
Jofeph Pi/^e
Johnstone
John Rinell -
Charles whita^er - ■
Thomas Cambell
Robert Gennar
Roger Low -
Humphrey Low
Sir Peter Richaut —
George Gofnald
John Robinfon
John Norwood ——
John Millington -—
Fifher Littleton — —
Sir John Garret
Sir John wbiteron —
Bryan Bromley -•—
Ann whiting
Thomas Styles——
Euflace Man
Richard Crane
Thomas Barnes—- -
John Darrell
Henry Mafon
John Stone—
Francis Barneham-
John wilfon -—•
0500
0500
0500
0500
0500
0500
0400
0500
1000
1200
3000
1600
0700
0200
0170
0300
0400
0500
0100
0150
0500
0500
0600
0450
odoo
0400
0500
0800
0700
s.
:)c
oc
30
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
GO
00
00
00
00
00
00
00
d.l
ooj
00
00
ooj
GO
00
00
00
GO
00
00
00
00
00
00
00
00
00
00
CO
00
00
00
00
00
06
00
00
00
00
00
00
00
00
00
00
00
Befidcs many Book Debts to dryFifh- A
mongers, Ship-Carpenters, Breviers, Ba- J
kers, Roap-fellers ahd other Tradefinen^
about Shipping,amounting unto 4dooo ./.W4doop
who paid their Contribution to thet
Commiffioners concerning Mr. CoHrten's\
Eftate. J
Sum Total 177 3 301. Principal Money.
A Schedule of the Principal Debts contraaed in the Year 1640. hy Six Paul
Pyndar and his Partners, taken up at Intercft of the feveral Perfbns following,
and advanced as part of the 200000 1, upon a Contraft for the Farm of the
Cuftoms that they did not enjoy. Which Moneys were owing in the Year
1660. when the King was reftored to His Crown and Kingdoms.
N.4.
To
Sir James Cambel
Sir Jervis Elwes—
Lady Swynerton —
Paul Pyndar Efq;
Ralph Handfon
Thomas Chapman
Clare Buc\ ■
Thomas weftrow
Euflace Man
Tho. Andrews —-- -
Franc, van Acleer - •
Earl Ttillibardin — ■
Peter Bultell •
Phin. Andrews —-
Ann carew —
Jofias Ent ———
sir William Alton
Jofeph Graves—'—I'
1.
s.
d.
1.
s.
d.
1500
00
00
Margaret Hagget— ——
0850
00
00
1200
00
00
Sir Henry Reeve —
1000
00
00
1500
00
00
Sir Thomas Darrel - •- ■ ■
2000
00
00
5000
00
00
Sir John Cordall —
1800
00
00
1000
00
00
Thomas Cullum
—. 1000
00
DO
1000
00
00
Eli\abeth Havers—
0800
00
00
0800
00
00
Richard Braborne
0500
00
00
0800
00
00
Sir Richard Bettenfon
0500
00
00
1000
00
00
To
00
00
0200
00
00
Ruth Lamplugh
0700
00
00
1000
00
00
William Bowyer
OdOO
00
00
2000
00
00
Charles Teaman
odoo
00
00
1000
00
00
Sir John Pennington
1000
00
od
00
1000
00
00
Gilbert Morewood
idoo
00
1000
00
00
Judith Msggs
1000
0000
0500
00
00
William Blitci^—— -
— 1000
Oooo
1000
00
00
John le ThieuUier
0500
0000
0250
00
00
Sir Thomas Dykf — ••• ■
0500
ooloo
Robert'
\
Fraud and Op|)reffioil detefted afid arraigned.
I.
1o
Robert Vlnchin
George Botver
Thomas Manley
-fohn Bludworth -
Sir George Stonehoufe-
willim Davis
John Norwood —
Thomas c'.utterbu!^ ■—
Mary Franc^lin —
John Archer ---
John Morris -—
Jane Venn *— —
Ann Rudd
Richard Bifhop
WiUlam Freeman — —
Francis Bicl^ley —— —
Ann Team —
Augufline Fhillips - —
ifabelia Tnrwitt— —
Francis Sijpwith —
Mary S^iptvith — —
Richard (f-ejlon —
John Smithier
1000
1000
0500
1000
2 §00
0700
0700
0600
odoo
1500
odoo
0500
2000
0500
0500
0500
0406
b§§o
0500
0400
9400
0700
1000
|S. id.
boloo
97
To
Samuel Travell
Charles Dearing
Matthew Holworthy — -
Francis mfl,
James Ravenfcroft
Thomas Carew
Johri Payn
John Haws —
John Dynes •—
Thomas Bettenfon— —
Dorothy Seamour
Mary RJng —^—
Thomas Jones —
0500
Sn David Cunningham
Thomas Smithsby
5000
1000
idyd
10000
10851
oirn/bfj^uj - 1—IVO5I
Eafl-india Company for Pepperjgooo
James Maxwell by Counterbond 4000'
Anthony Abdy --
Edward Cropley
Thomas GenningS'- —.1—
Sir George whitmore
Sir Henry Pratt
George Overman — ——
0500
0500
1000
1000
s.
d.
00
10
CO
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
15
06
00
00
GO
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
Sim Total 157777 I 15 d. 5s. Principal Money.
■ A Schedule of the Debts contrafted by Sir Nicholas Crifp and his Partners in the
two years Farm, and were owing in the Year i55o.
N-5.
To
sir John St. John-- ■
Michael chambers- •
Robert Gouldman—
Edward Depluers -.
Ann Bourne-
William Topsfeild
Gideon Velawne — -
Sir Feier wych
Jofhua Calj
George Gofnall
Richard Jemmet —
Thomas Egglesfeild -
Lu^ Lucie
1.
S. i
d .l
1.
s.
d.
ioid
1304'
Mary Dromont —
—— 20do
00
00
0725
00
00
0449
ip
09
0150
00
00
Dime Swlnnerton - — ■■
0507
03
00
odoo
00
00
John Gore
* 0500
00
00
0100
00
00
William Gregory —.
—. 0450
00
00
1000
00
00
Richard Mountney-,
r- 0377
14
03
1000
00
00
To
Emanuel Fenton-———
0877
14
04
1800
00
04
William Smithsby -
0500
00
00
1100
00
00
Mr. Egglesfeild —
0800
00
00
0dl9
00
00
Nit. Wright —
0075
00
00
1125
00
00
Mr. Jemmet
0375
00
00
02 §5
08
06
Mr. Gambell —
0100
00
00
1000
00
00
■ 0500
00
00
SumTotal 01J ^6^ I. 13 s. 5 s. Principal Money.
A Schedule of the ftveral Sums of Money taken up at Interefl: by Sir Paul Pyndar
and his Partners,the Old Farmers in the Year i54i.being part of the 150000 /.
advanced to the Parliament at the Kings defire for Disbanding of xTt&Scotch Ar-
my in the North of England-^ for which no'allowance hathbeenmade to Sir Paul
Pyndar or his Partners, either by the Ring or the Kingdom, unto this day.
N-
To
John Payne
Rivet Eldred
Peter pheafant
Ralph Skjpwith
Lady Ann Moulfon
Dr. Lawrence Wright - —
Sir John woljlenholm debt"
upon Credit _
Thomas Andrews —
Matthew Bode
John Bedle
Gregory Cole ——
Thomas Cullam —
Thomas Cambell ;—
Sir Thomas Culpepper
James Edgar
Lady Jane Fenn —
George Francklin —....i
I.
s.
d.l
1000
00
00
0300
00
00
0300
00
00
0500
00
00
1200
00
00
2000
GO
00
JO 1,
1000
00
00
To
2O0Q
00
00
0500
00
00
3000
00
00
1000
00
00
0400
00
00
o$oo
00
00;
1250
00
00
0500
oopo
1000
ooloo,
William Gore —— —
Sir Gilbert Gerard —
Bartholomew Hagget —
Sir Thomas Hewit
Stephen Jackson
Phineas Andrews
Thomas Low
JoaJ^m Mathews
Ralph Minors —
Francis Nevill —
Robert Render
JohnTravell
William wagjiaff -■ —
Robert white
John le Thieifllier
Thomas Harriott — —
Gregory Cole J-——..
Sir John Gayer
1.
2000
0800
1200
1400
odoo
1000
0500
odoo
1000
3000
0500
1500
0500
— 0500 00
o$oo
odoo
1500
500000
d.
00
00 '
00
00
00
00
00
00
GO
00
00
00
GO
oe
00
00
CO
00
HenrJ
S^'8
traud and Oppreflion deteftcd and arraigned.
to
Henry Mnrfh
Ell\abeth Veilding- ~
Jons Godfcall^e — —
Chirks Coc\s
Sir Edward Powell
Ann Pending-—
Sir William udall -
Edmond Hamond —
Edmond Page
Sir Peter Richant
Sir Paul Pyndar's debt"^
upon Credit —
John Fielder for —
John Harvy
nomas walcot
Nicholas Marifhall
JohnJnxon ■
James Perrott —
Amice Vincent —
1,
0600
1000
0600
1000
1000
1000
1000
0800
0500
CO
00
00
00
00
00
00
d.
00
00
00
00
00
00
00^
00'
00
5000 oo 'oo
10
J. 463501.
1000
— 0500
— 0500
— 0500
— 5000
— 1000
— o5oo
sir JohnJacob\ debt! ^ j
upon Credit j
Pad carrill for
Edward More —
Katharine Breeden —
Solomon Smith -■ —
Martha Salmon —
mlliamParl^er —
JohnBedle
JohnHawes — -
00.
00
0000
0000
00
00
00
00
00
00
00
00
Francis Hurdman'
Roger Drayton—■
Sir Henry Reenes -
Leedy Lamplugh --
William Tapsjeild
JohnRobinfon —
Mathew Blucl^ —
John Blacky ■
William Blucl^
Sarah Dike
Gilbert Morewood
Alice walcot ——
Garth, ParkhurJ -
0500
0500
0500
0600
0$00
o6jo
1200
0600
0500
0400
0500
1000
0500
0500
0600
0500
of 00
CJOO
OfOO^OO
of 00 00
of 00 00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
CO
00
00]
00;
00,
00|
00,
00
00
00
00
00
00
00
00
00'
00
CO
00
CO
00
CO
1 Mrs. S^pwith
Thomas Keigbtley
Sir John Pennington-
Mr. Walcot
To
Thomas Burnell
Thomas and Francis Hungerford -
Etykiel Wright- — ————
Bernard Hide
Martin Boothby
James Maxwell-^ —
Daniel Colwell
Mr. Vincent —
Edward cook}— —
William Ckgatt
William Meggs — ——
Sir John woljlenholme and>
Sir John Harrifids debtS
upon Credit ^
Samuel Blackwell for ——
Richard woodward
Robert Davis —
Sir Hugh Windham ——
Francis Sayon-—
Sir John Gore — ■■
Francis Buckley
Mary Maddocks
Lady Handford ••
Barnard walcott— —
Peter Calfe
Sir Robert Cordell
1.
s.
d.
0400
00
00
2000
00
00
2000
oc
00
of 00
00
00
0500
00
00
1000
GO
00
0400
00
00
0700
00
06
ofoo
00
00
2000 00
00
0500
00
00
0600
00
00
0400
00
00
1000
00
00
1000
00
00
■zfffol
.— 0800
— 1500
2000
00
00
00
52oo;oo
0500'co
050000
050000
oioo'oo
060000
050000
1000 00
0600 06
N. 7'
To
The Old Farmers Joynt 1 3^^
debt upon Credit— j '
John Andrews for —
Sir William Hicks —
John Dangtrfeild—
Jeremiah whithcott-
Mary Turvell •
John Colliar ■
Samuel Cokings ■
1600
1500
0800
1000
2000
5000
0600,
00
op
00
00'
00
00,
GO
00
GO
00
00
00
OOjOO
0006
oojoo
0000
oojoo
CO 06
00001
sir Paul Pyndars particular
Debts of the Allom Farm J ^
Sum Total 98100 1. Principal Money.
Schedule N. i.—
Schedule N. 2.—-
Schedule N. 3.—
Schedule N. 4.—
Schedule N. 5.—-
Schedule N. d.—
027250 1.
03025*1
177330
157777
017^63
OpSlOO
S. d. Frincipal Money,
5 Frincipal Money.
Frincipal Money,
15 6 Frincipal Money.
13 <5 Frincipal Money,
Frincipal Money,
5151212 1. 14s.
Memorandum, fCljat tlje Cret)ito?stinthe i, 2,anti3. 5>cl)etiule«tiittotohont ,S>tt WilliamCourten an®
SionftooB bountifo|tl)elSi>intipal ^ums of tncnttonehtn tl;ole S>tl)et)ules(, amounting
imto 2348711. fterltng are fttll unfatisifien : Cjccepttng fomc pjopofttcn? of 50onci? path (to certain
petfons, ae i^eitst, <JE5ttecuto?!8 0? Ulnmtnillrato?® of tthetfe of the fath CrcWto?® ) bp the dgarl of
Bridgwater, ,Sir Edward Littleton anb the Commif«toncrs( (" cut of febcral 3Lanbs( anb Cftate» liabie
to thefaibJDebt^") amounting onlp unto the ,S>um of 426841, fo that the pjtncipal IDebt remain^
ing bue, is One hundred ninety two thoufand one hundred eighty feven pounds, bcilbca the ®
tohith amountji unto bonble the ^^ittcipal.
That the Crebito?0 in the 4th S>chebule liiere patb feme part of the ^jtncipal JDebt® out of the Kings
Uniotoancc to the conttatfeb jfatmers.
That S>tr Nicholas Crifp, anb i^eitg 0? Cjtcecuto?®, compounbeb toiththofc Cjebitojs in the 5th
,^chcbule out of ^ontyps belonging to 5>ir PaulPyndar's Cftatc.
That Sir William Courten and Sir Faul Pyndar advanced and lent diverfe other great Sums of Money
to the Rjng and Ring^om, hereafter particularly mentioned in Mr. Carews Atteflation and Proteil,
in the Conclufion of this Book; which are yet (landing out and unfatisfied, even as the Debts afore-
faid to the Creditors, (the Penalties of whole Obligations arife unto Seven hundred thoufand pound
Sterling ) as by the fcyeral Bonds ready to be produced appears. T H£
Fraud and Oppireffion detefted and arraigned.
To theK IN G sMoftExcEL LE NT MAJESTYo
The Humble Petition of George Carew Etqj Adminiftrator of the Goods and Chattels
of Sir WiUam Courten and Sir ?aul Fytidar Knights, Deceated ; George Porter Efqi Son and Heir
of Endymion Porter Efqv Deceafed, "thomas Kymdjion Merchant,furviving Partner in the joynt-
flock with Sir WiUtam CoKrten^ Charles Earl of Shrewsbury, Sir Ihomas Meers Knigbt, ihomas
Coppin ^ Charles Whitaker^ md Ihomas lownejend,E(<\uues '', Mar}{Fletcher , John Browne'^
James Boeve and 'Thomas Norton, Merchants i On the behalf of themfelvefj and many others
of Ifour Majefties good Subjei3:s mtereffed Hereiii.
SHEWETH,
Ti^at <^tr William Courten atth 3^aWncriSi, abhenturcti anb
rjcprnheij fcbcral great of i^onep in bifeobcring the fccret^s
anfii atibantage^i of (^raOe to china, Japan, anii J^art^f abjacent >
toficrehp it appeared to the late Sting Charles Hour 5f at|er^ of cher
<!5lo?ioui9i a^emojp ^ Cfjat not onlp tfie Si^anttfaanrerf of Etigiand
hjoulti fie (Stpujtefi in great quantities unto t^ofe J^artji of tfie IB02I& upon €ra=
fiing ©opage^i i fiut tfiat mucfi i3ol!jj dSilfier^ Copper, anii otfier S>?ercfiaufii;eisf,
fijoulii in a ifiojt time fip tfie J^jofiua of Engiifh <0a)tii6i (anfi Indian f raigfitiS) fie
pojtefi intol|i^f la^ajettiesf !©ominionief, to tfie great increafe ofl^i-s isi^aje^iesf
€uj!om30i, tfie enricfiing of i^ijef j&ufijert^f, anti encouragement of i^afiigation, far
fieponfi anpSK^etfiofiojConfiuct of tfie <©Iti Campaniesi in tfieir toapp of €ramcfe
anfi Commerce.
'Cfiat upon tfiofe Conlifieratioit^f, anti otfier fpecial HeafonjS (fierp tdell ftnoton to
tfie late Sting )l|ijS )a©a jeftp toajS moft gracidufip pleafeO in tfie Hear 163 y .to grant
Sieence anti 5SutfiOfitptO tfie faitl,d&ir William Courten, Endymion Porter,Thomas Kyn-
naftoii anti otfiersf, to fettle a (Crabe upon tfie Coajt of India,China, aufi Japan, untiet
fefieralJ^jifiilefigess anfi Stwmunitiesf, ad fip tfie Stetterd ^atentd ahfi ^nffru^
(tiond appeard.
'Cfiat in ^urfuance of tfie faifi C»?ant^ .^ir williarn Courten ahfi fiid J^artnerd fet^
lefi federal jpaaojied at Canton, Carwar anfi Maccao. mafic Contraud toitfi tfie ©ices
Slopd tfiere, anfi fent fo?tfi fefierai i&fiipd fo? ^Crafiing ©opaged acco?&ingip i fiut
tfie Eail-India ComptfUpOf tfie Netherlands, fOjefaiug tfiat fUtfi a CrafiC to China aUfi
Japan, fip a aScIcu Compaup of iH^ercfiantd of England,inoulfi eclipfe tfie Dutch 'STrafs
fiefe anfi Commerce i fijfierenpon tficp ttofe afifiantaged of tfie late 'Croufiled anfi
€idtl 3©ard in England,anfi fpoilefi Courten anfi fiid J^artnerd of tfieir ^fiipd in tfie
Hear 1643. to tfie great 5^amaged of four J^etitionerd:, anfi manp otfier of Hout
gtofi ^ufijertd, fb? fijfiicfi no ^atidfaaion 0? ficparation id gifien to tfiid fiap.
€fiat fefierai <!B(Dfid anfi ^Sumd of )3l?oncp toere left at Maccao onfi Canton, in tfie
fianfidof tfie i^atifie a^iercfiantd, upon eonfiitiond tfiep Ifioulfi return tfie ^ffcrtd
tfiereof upon arrifial of tfie nett J>fiipd tofiicfi Courten anfi fiid J^artnerd torre ofis
ligefi to fenO, fo? a contiiludnce of tfie €rafie anfi Commerce; ^ut fip reafon tfie
Hollanders intcrceptefi tfie ^fiip ?ona Erperan7a, tofiicfi Jfiad fiouufi fo? ffie fame
^02td fromGoa, tfie fli^onep anfi<©mfid Ipe pet in tfie^^fitified fianfid > ad fip tfie
^j^epofitiond in tfie 3SfimiraItp appeard.
€fiat Hour ^etitionerd fiafie funfijp ofiertiired mafic to tfiemfelfied anfi otfierdj
tfiat fiefirc to fie J^articipantd in fkting on font tfie faifi €rafie again, if Hour
S^ajejlpfijoulfifie gratiouflp pleafefi to reneto tfie faifi patent fo?futfi a continus
ante attfiterm of peard tfiat migfitgifie fartfier encouragement unto Hour J^ctis
tionerd anfi otfier Jbarticipantd in tfieir Mnfiertafeingd, to fettle tfiemfelfied in
placed of flrengtfi anfi fecuritp of €rafie CfiJitfi Hour J^ajcttied, gtofi Ming) anfi
a confirmation of tfie faifi <0?ant hp 3ll(t of J^arliament, tofiicfi tooulfi fie a meand
tofieter tfie Dutch anfi otfierd from ofiftruaing Howfi rf&nfijead in tfiefr^fiom of
tfieir Commerce, accii?fiing to tfie fatfi J^atent.
Your Petitioners therefore humbly Pray, That Your Majefty would be moft gracipufly pleafed
to dire6!: a Warrant under Your Sign Manual to Your Attorney or Solicitor General, to
prepare a Bill for the Great Seal oiEngland, containing a Grant to Your Petitioners, their
Heirs, Execiitots, Adminiftrators and Affigns, for the term of One and fifty years, with the
fame Rights, Priviledges, Recitals and Benefits that were given and granted by His late
Majefty in the former Patent, and that Your Petitioners may have liberty to obtain a con»
firmation thereof in Parliament,
3ilnfi ifiut 3^etitiqnerd ifiall ^?ap, &c.
Cs
loo
J
Fraud and Oppreflion detected and arraigned.
TlPehe'^eafons and Conjtderations, f^hy the. latent
ou^ht to he^enet^ed and Confirmedmto the Vetitio-
ners and their Jfsizns for the I'erm of One and
fifty Tears.
j. R willim Courten and his Partners being importuned by the late King Charles and his Council, to enter
upon that Enterprize of Trade to China 3aA Japan, and Parts adjacent •, there are Aill the fame grounds
to renew it, as there were at firft to grant it.
II. If it be objefted, that the Eaji-India Company have moft of the fame Grants and Priviledges in their Patent
pro tempore ■, Itmay beanfwered, thatthe Old Company had the like. And therefore this Company
would arraign the Honour and Judgment of the King and his Council, to queftion the Wifdom and Juftice of Btis
lateMajefly, in the Prudence and Conduft of that weighty affair.
III. It is both reafonable and juft, that the Heirs, Executors, and Adminiftrators of the firft Adventurers with
Sir William Courten, fhould befuffered to ufe their beft endeavours in any other Ports and Places (^where the Eaft-
India Company of England have no fetled Faftories) to recover their Lofi'es and Damages by all lawful ways and
means, being difpoiledby the Hollanders during the lace Civil Wars in England, when theJv>£ was not able to
Proteft them.
IV. That fevetal Merchant-Strangers, both m London and Elfewhere, will contribute their Pains and Purfesin
this Enterprizc upon Cfl«)tc«'s foundation, that willnotjoyn with the Company of England, upon
any terms whatfoever. -
V. The Goods and Merchandizes to be Exported upon this Trade, will be the growth and Manufaftures of
England y And the Participants in this New Company will be obliged to return the Produft thereof into England,
So that the common ftock of the Nation, as alfo the Kings Revenue, will be increafcd by a Treafure that now lyes
hid under a bufhel.
vi. If it be objefted, that the Participants of the prefent Eafl-lndia Company have under-written fomuch
Money, that iiot one half of that Stock can be imployed Qyet they take up Moneys at Intereft]) therefore no
room for a New Company. It may be anfwered , that their Pepper and Callico Trade, may be carried on ini
another Method, with a fmaller Stock than they do imploy, and without Tranfporting fo much Gold and Silver
yearly out oi England, for thofe Goods, which adds little advantage to the Crown, being for the mcft part Ex-,
ported with the Cuftotn back, and lefsto the Common-weal of the Subjefts, who-are very much prejud-ced in the
fale of English Woollen Manufafiures both at home and abroad, by the Importation of Indian Callicoes,
Cottons, An ignorance and forgetfulnefs of this Age, toincourage Foreign Manufactures, by keeping Pagans at
•work Englifh Money, and, letting Chrijlians (iarve for want of Imploy ment.
VII. The Spaniards and P'ortugals will give all the encouragements poffible in the Eajl-lndies, to this Under-'
taking, having fuffered fo much by the infolencies ofthe in fpoillBgCoarfw's Ships, that had taken many
Fraights of them for china and Japan, from the Portugal and Spanijh Ports.
VIII. There was lately fuch an Intelligence and Correfpondence between feveral Members of the and
Dutch Eafl'India Companies, that nogreater benefit or advantages in Trade could be gotten fcr England, than
what the Dutch were pleafed to afford, (^whicU will be otherwife upon Courten's Foundation, and thofe inftru-
ftions that are ftill Extant fop that Undertaking) The fame jealoufies are yet m London, that fciHemen will do
as Alderman Tbizm did, Buy and Sell his Brethren and Fellow participants for his own private Profit and gain of
1000 /. per annum, from xheEafi-lndiaCompmyoi Holland, as appeared by his Books after His Death, concerning
the Ifland of PoUeron.
IX. There fhall be fuch a fure and fetled way for perfonal or real Security for any Money to be taken updt
Intereft of particular Perfons or Bodies-Politick, to be imployed in thisTrade, that all men maybe incouraged
to lend their Money (^as occafion requires) to be made ufe of in this Enterprize ; which upon all Common feals
of Corporation they are at a lofs.
X. That a Provifo in the Patent, fhall be inferted to this Effeft, (vio^.) That after the Expiration of the firft
five years, no Silver or Gold fhall be Exported out of England, or any of His Majejlie's Dominions ■, but rather
yearly Imported in good quantities, by this way of Traffick from the Eaftern Parts of the World, as the Dutch da
into the Netherlands. It being moA certain, that the Eafi-India Company of EnglandfTrznivottcd five and twenty
hundred thoufand poundsfmce the time of their fir A Charter, which is wholly loft to the Kingdom-, the
fourth Joynt-Aock of that Company being fold at 3 s. 4 d. for a pound fterling, advanced unto the Gompany by the
Participants.
XI. That for the better managing of this New Trade in Shipping, and all manner of Provifions, five Chambers
fhall be Erefted Qf need requires, according to the Dutch praAice) "vi^. the firA and the chiefeA at London, the
fecond at 1'ork, the third at Briflol, the fourth at Southampton, and the laA at ipfmch -, with fuch neceflary Rules,
Orders, and InAruftions for the Committees or Dire&ors, as are faeA for advantage and difpaitch of their Trade.
XII. That as there are already divers good Prefidents of Companies fetled by Royal Charters, and cotrfirmed
by- Afts of Parliament, which gives a great reputation to the Crovyn of England in many Kingdoms, Eirpire6,and '
Stares abroad,by that due order and regulation obferved in Traffick'and Commerce betvt een the £w^/i/h Merchants,
and the Subjefts of other Nations fo the Participants intended in this Grant, doubt not but to preferve the fame
Glory and Renown to the King of Great Britain,3i hath at any time been gotten by the Subje As thereof. Knowing
that a fmall Army well regulated, may rout a far greater that continues in diforder,out of their Ranks and Files.
\
Fraud and Oppreffion detefted and arraigned: loi
A T rue Relation of the ^utch Eafl-lndia Companies
Affairs, Trade and Commerce in and Parts adjacent, as they
ftood in the year 1^65. Reported by the Commander in Chief of
the Fleet, fent borne by the General of Bitavh ., with the Ships
arrived in Holland Apno 1666.
THat %Xttli^'^\i^VpbichyieldedClove!Vpasin a very qoodcondltion.
^antia had yielded a very good crop of Jldace andNutmegs.
^OUlerOlt which yielded the befi Nutmegs of all the Iflandsyvas delivered unto the Eng-
lift , hut asfoon as the news came to Batavia of the War^ it was taken from them again :
Ccrnate, that the Kin^ thereof is obliged by Treaty to deflroy all the Cloves., to the endthe Eng-
lift, or Spanift fhould have none.
was to be feared the mofl of any IMnns, the jlaple of all foreign Commodities was
there, by reafon of thefmall Toll or Cufiom which is f aid, not exceeding one percent. SandallWood
or Tortoife Jhell is that which the place yieldetb moft.
yt^ldeth Redwood fit for dying, asalfo Sandallwood, and Covrin, a fort of white Jhells
whichinmanyplaces are ufedinfleadof Money there are very good Horfes.
and!^iX(itiy,yieldeth Sandall wood,Tortoife-Jhells,and Wax which is carried to Maccaflar:
Timor is for the mofipart Inhabited by YortVLg2L\s,there is Bez.oar and black.^Amber to be found.
Richwith Diamonds, and Pearls, whereunto the great Materanpretendeth, but he
is not obeyed-, here is Pepper,Benjamin,Camphier, Mquil wood, Calamback^, Bez.oar,d>cc. The
Diamonds are better than on the coaPt, but the Natives are Treacherous and bloud thirfiy.
!3l^allaCCn (which belongs to the Company') there is not the Trade which is ufed to be in Callicoes,
• brought thither by the Moorst nor Pepper, which is now found at ^zvchsy, on the Well-coafi of Su-
matra, here is Pedro ponco (believed to be a good Medic ineag ainft Agues) it is found in the hedds
of Porcupines, and arefold for two hundred Rixdollers and upwards.
(^tt^tXWreducedby theCompany Kxmo, 1664, here is fiore of Pepper, Gold and Camphire,
better then that of Japan, the Company hadthree hundred poundwe ight of Gold here lafi year, at that
place Pepper is to be fold to none, but the Company, and that at a ceriainprice,
<£iCO is pojfejl by the Company, who protefl the Inhabitants againft thofe of Atchin; here are
great quantities of Elephants, Rhinoceros, Tigers, and other beafls.
In the Company have their Trade on the Ifiand Nangcftkie, where the Chinefts Trade
very much-, it yeilds Gold, Silver,Alcomy, Copper, Camphire,and Lackworkj, the Government of
Japan is written and defcribed in a Treatife by Caron.
/«C|)ilia the Company have but one FaBory at\{ok(iGVm, where Trade is not admittedwithout
dijfculty, Efpecially if the Company fend not an Ambajfador thither.
On the Ifiand ^OjmOfa the Company have a place called Colang, in hope to bring the Trade thi-
ther-, the Iflandisgovernedby the Son of
In the Kingdom of f^OJJiClUin there was iri the year 166^. avery great Crop of Silk..
The Kingdom of 4L^X\tfi3Q'tyX&, fromwhence the Company Trades to fdi'pzn with fmallprofit, the
Chief Commodities are Musk., Benjamin, Sappanwood, Buck; 'tssd Buff-hides, their Horns, and
fome I'inn.
^iaill Buck~skins which are carried to Japan, and fiore of Tinn,hut the Toll or CuBom is
high.
23cn0alC is under the Command of the Great Mogol, where the Company hath a peaceable Trade
for Silk.^ fine Callicoes, Musk^ and Sugar.
/» C02inan6cl they have feveral FaBories , where they buy fiore of Callicoes, and fell thene
throughout whole India. ■
a^arnlipamamji 2 Ids Diamonds from the Mine Golcanda, Gum Lack, and Iron, befides other
Merchandiz.es.
At under the Government of Cormandel, are the befi' Rubies of all India
In the Company have two FaBories, ow^rCantron, the other at S-^2ih:An, where Goods
are fold at great profit, Efpecially Sugars paying fmall Tolls, butSilkis there fold very dear, in regard
of the contraBmade withthe Perfians, Anno 165:1.
At ^^uratt <tnd i0Ufarat the Company fells great quantities of Spices for Calicoes andDia-
monds.
t hat rich Ifiand for Cinnamons, all was in good condition.
At^&.tS^tSLthe Garrifonwas about 2000. firong, where the Company for want of Money,take
it at ItAerefi, and pay one and a half, and two per cent, for' a Month',
In
102 Fraud and Oppreffion detefted and arraigned.
In was agvodCargo to be font home■, but by reafan of the War wf^Englan,
the befi Ships Were kept there^, that they might not fall into the hands of the Enemy,
The have little or no T'dde at Bantanr, Maccalfar, Jamby BengaIe,GortnandeI^uraf}
«iWPerfia, Through want of Money and Commodities, wherewith if the Company werefappUed^
they would carry the whole Trade of India.
The \itiXi was in good condition, the Garrifon <^00. jlrony, labouring to fmijh
theCaflk', There they want Slaves tomannure the Land, and wood for fire and timber, theiTmes^
arid Olive Trees grow there very well.
ait^umatta,from%iimh^, ^alamBangfi;, ^nbngoij 3Etfticrij all FaUorks inthe
faid Ifland, where no other Nation now is admitted to buy Pepper.
ait <^\Xttiafrom'^tXQ!i^%\^ti2 is reafonable Trade for Tmn, from 5Crrafan they have Rice
and Slaves for theirfervice; at Batavia^ from the coali of Gormande! 2 j o. Ttsoufand pounds yearlj
in Callicoes.
ThisisaTrueTranflatiori of the Original in aitizxmds
Golledions thatwas Refident at the Hague ('for theHantzTowris^ whd
writ the. FamousHiftorydf the cliief tranfadions of the World, from the
year 1600 toi668.
M^EmOjatthUlTlj That the Edfb -India Gdmpany of the Netherlands, have power by their
Charter to make. War and Peace with any Prihee or Poten-tate inthe£4/-/Wi« at
their pleafure.
Therefore they are obliged by their Patent-to give an account yearly of all their Negotia-i'
tionsand Affairs, to the States Generall, and what Alliances they make with Princes, or what
Wars they undertake, as alfo a True Relation of their proceedings in Trade and Commerce.
The Hollanders were obliged by the Treaty at London, Anno j 662. to deliver up Poller on to'
the Englijh, in the fame condition it was at that time, with the Nutmeg-Trees growing. Buc
the Dutch kept it two years after, and deftroyed all the Treers before delivery j which if fome
of them had been Tranfplanted to. that Ifland being in the fame degree of Latitude^
and the fbile of the fame nature with the Spice Iflands,Nutmeggs and Maice would have come
tothefame maturity and goodneft as they do in the fince Pepper grow^ already
wild in famaica, having a fmell and taft of all Spices together. . , , , , s _,
It is very remarkable, that upon the news of the lafl: Peace (concluded at London) theDutch
Agents in Batavia, and other parts in India, hearing that there was to be a Regulation of Trade
in the Indies, they told rhe Englijh Merchants and Fadors, that if any one, of the Spice Ulands
was to be rcftored to the Engljh, or any Freedom of Trade granted to them in any of thofe'
Iflands, they would fight the King over again, before his Subjeds Ihould have the one or the o-
therj fo that it is to little purpofe to make any Treaties with xhe Hollanders, wherein their Inte-
reft isany ways conccrned.They perfumed upon the friendfhip of the Commons in Parliament irf
the laft Treaty, for a moderation of what was juftly demanded,although it is not yet paid, nor
ever intended to be. The Principals, and the Sureties are both alike in their performances.
Kings and Soveraign Princes, are the Common Parents of the People, and parliaments their
Truftees. And if the Sub)eds cannot find Juftice abroad, they have none properly to addrefs
themfclves unto firft, for their Right, but the King, who is obliged by all that is Sacred and juft
to Proted them.
The Creditors and Proprietors have not been wanting at all times in their humble addrefles
to the/Ci«^ and Council Board, as alfo XBXkeParliament,iox aidandaffiftancein therecom-
Hiendation of their grievances to the King, but could not either beeffedhially heard, or re-
lived by one or the other, for their goods and Monies that lyes not only in Bat. 'a, 'Cantoni
Carwar, uimfierdam, and Middleburgh, or even in the Plantations of Barbadoes and Places
adjacent, in the as by their aflertions hereafter appears: Wherefore the cries of
many Orphans and Widows, from the Eaft and the Weft, have reached the Heavens for
relief.
Here one thing very notorious, ought not to be omitted, being a daufe in the Article of theiTreaty
concluded with the States General z\ white-Bill Seftemkr\66i. (y\z.) Phit thole who think_they have
right for loffes in the Eaft-Indies, and fay they have juffered lols in the two Ships Bona fcfperanza Henry
bona Advcntura, mayprofecute their Suite begun, after the difterrnce had depended 15 Months by Mcinorialsf
at the Hague (and the matters of Fa^l confeffed) to be forthwith ended by fpeciall Commiflioners on both
fides, John de ifitt after the long ccntention, couched in Poterunt litem incept am profequi, which thelv.i»^t
eommiflioncrs explained by a certificate under their hands and Seals on the 29of May i66'^ recited in
the 48 page of this Book, contrary to the Helianders Interpretation. Behold the infolency and the ignorance
if that age, as if Knglilh men had not a natural liberty to fue for their R Ight in the ordinary courfe of Law,
without a publick Treaty for it, or that a fpcH ought to be brought into Judgemciit, belOre thofe that are
both parties and Judgcfa
Severs^
Fraud and Oppreffion deteSed and arraigned.
Several ^jfertions concerning the ^ight, Title^ and
IntereH of Sir William Courten, his Heirs and dffigns^ of\ in^ and
to the Ijland and Flaatations of Barbadoes.
S\r JriUiamCourten Difcovered the ifland o^BarbaJoes in the Year 162^.
I InhabitedJ Fortitied and Planted the fame at his own proper Cofts and Charges,
without any aid or affiftance from the Crown of England , or any other Prance or
State> either in Moneys or Shipping: And being legally poffelfed thereof for the
fpaceofthreeyears.in which timchefetlcd 14 or 15 Plantations with Men Servants and Women,
built feveral Fortifications, whereof he was difpoyled by the forcible Entry of James late Earl
ot'CarliJlc in the year 1629. f under a pretence of being Lord Proprietor of the faid Ifland,
inter alrds by Grant from the in the year idzS ) as appears by feveral Depofitions taken
before two SektS Committees of Parliament, and feveral other Commiffioners appointed
under the Great Seal of England to examine the matters of Faft, which proved to the pre^
judice of Sir WiUam Ceurten^ and his Creditors i as alfo to the damage of fVilliam Court en his Son,
and bis Creditors, the Sum of One hundred Thoufand pound fterling-, and upwards j which WaS
an aft not warrantable by the Laws of God or Man.
II. That a Subjcft may make himfelf fole Proprietor of an Ifland To Difcovered and
PofT ffed, &c. as aforefaid i this affertion will find no contradiftion if we make a retrofpeft into
the Original of Property. Bradon, lib. 2. cap. 2, fays, Deus dedit terram filiis Hominum^ 8cc.
III. The Crown of England, or any other Crown, or Common-wealth whatfoevcr, caniiot
diffeize any perfon of a vacancy pofTcfs'd by him (be it the Ifland of Barbadoes) as aforefaid, '
without manifefl injudice, and an obligation in Confeience to make reparation. Fortefcue de
laitdibus legum AnglU, fays, the King by the Laws of this Land neque ferje, neqae per tuinijiros
juos,talIaz'a,jubfidia, aut quemvis onera alia imponere ligeis fuis, aitt leges eerum mutare, vel novas
condere, fine ajjinfutotius regni fui in Farliamento fmobtento,
IV. That Sir WiUam Courten Difcovering , Fortifying , Planting , and PofTeffing the faid
Ifland of Barbadoes (as aforefaid^ and fubmitting the fame to the King's Dominion and Obedience,
as Sir tViliam did , his Heirs and Alfigns do by the Law of England ilill retain a Free-hold
and Propriety in the faid Ifland, having not forfeited the fame by any c^cnco'-yMagna Charta fays,
NuIms liber hotno dififieifiitur de libera tenemento Juo, vel libertatihus fiuis, nifiiper legale judicium pariuni
fiuorum, vel per legem terree.
V. That the Patent granted to the Earl of Carlifle-, to be Lord Proprietor of the faid Ifland
oi Barbadoes, is null and unjuft, BraSion. 'xn his third Book , Non poterit rex gratiam fiacere cunt
injuria & danino aliorum, quod autem alienuni eji dare mn pote{i fiuam gratiani,
6. That it is againft the Honour and Prudence, as well as the ]uftice and Pollicy, of any King-
dom or Nation to difpoil a Subjeft: and his Heirs cif their Plantations,as in the Cafe of Barbadoes^
thereby drfcouraging all the like Honourable Undertakings for the future^
But here 1 meet rPith an OhjeUion firm divers Planters and Merchants o/London, Brlftol, and other
places, , Summum )us eft fumma injuria. And that it mould fieem very inequitable., that
afiter Gi many years and alienations, thofie in aSual pojfefiionjhould fiujjer, that have fio much meliorated
the Lands and Plantations. It''s granted they ought to be jonie ways confitderedfior their Cojis, although
in llr/cinefis of Law, the rule is Caveat Emptor; and there is a woe pronounced againji thofie that build
their hotfies hy mrighteoujnefis. In the years {631. and 1 ^32. Sir William Courten had fieveral Sen-
fences puhlkkly in the high Court of Admiralty of Entghnd, againji the Lrefipafifiers and Confederates of
the Earl afi Carlifle, upon Arreds of their Perfons, and Attachments of their Goods'■> And afterwards
in all Revolutions, the Heirs and Ajjigns of 5?V William Courten, have continually claimed in Par-
hament and in Council, from time to time, even to this day for rejiitution and relief, hut cannot yet
find remedy, but ft ill lye under the Oppreffion of thof'e Intruders, that forcibly entred upon other mens
Right, for which the Land mourn SiUntil by a \eafionable Ail of Parliament,all perfons concerned may he
as well quieted in their Pofifitfftons as intheir Confidences, for doing right to the Fatherlefis and Widows,
upon whefie Foundations they have built their large Inheritances,
D d Severaf
ib4 Fraud and Oppreffion dete<3:ed and arraigned.
SeyeralConjtderations^ and^atmal^ropofah offered
to the King of Great Britain, and the Lords of His woji Hjnourabls
frivy Counciffor the Improvement ofNavigationflradeand Commerce.
Uereas in former Mges, the SuhjiUs ofEnghnd,lived without Trade by Tajlurage andTillage,
they werenecejfitatedto Tran[port their if ools to bring in 'Bullion and other Commodities for
their better fupport and pleafure. But after the dijftlution of Monafleries and Abbies, and
the Reformation in Religion , People - multiplying fo faft, there was not rom enough (or
younger Brothers (who were not addiCledto the n'ars, in the Service of their own King, or
other Princes abroad J to get competent livings, without Trade or Travel-, which inclined
mat.y perfons to tranjport themfelves unto the Colonies of America, where they have made
their own Fortunes to a great degree, and others to fall upon t'ne Arts and Myjieries of
Woollen Maniifaclures,being taught by the Flemings and Walloons that fled out of rfor'Spanifh
Netherlands into England. So that although Englifh-men cannot appropriate tbefifl ma-
Iflng of Cloath and Stuffs to themfelves , they- may appropriate the wool and VuHhs Earth to their Coiintrey hefides
. other Materials of EngVidc growth, that no Nation in theWorld can farniftoihe liffe, either in quality or quantity,
neverthelefs, they are bajely expofed to under-values.
Now fince Englifhmen are fo multiplied, they ought cot to be wanting to themfelves in their Honeft endeavours,
of improving all advantages for their Profit and Convenience, both in go tig to the beil Mark; ts with their
Goods, and making the heft of them in a regular way of ,rade. Corn and the other Staple Commodities of
'England, Scotland, aai Ireland, formerly mentioned, are laden and unladen three or four times beyond the Seas,
and Houfed before the Goods come to the Markets, where they are venced for Ccnfumpticn ; fo that a great
part of the price is loll in Commiflions, petty Charges, Tolls, Cufloms ar.d Fraightsj which might be favedif
EngTtfhmen would learn to go through the Scheld in Itead of the Ma-ry.
If it (hould be objefted, ffatxhc Hollanders were overfecn or miflaken in the fifth Article o£ the late Treaty
Marine ; and that they did not intend the Englifh (hould have the freedom of Navigation through the Scheld
althoughitbe grained by the Letter of that Article, It is now made a National Right for all the Kings Subjefts
to make ufeof that pafiage which the Houanders cannot evade with any litem inceptam profequi. And although
theSubjeftsof Spainimy not Navigate from to England, yet Engliflmen woy fail through the Scheld
from London to any Parts of Brabant, where the Ports are capable to receive them without fuffering any
Datnmages in their Ships, or Lading, pafiing by the Ramaffins, Lido, or any other Forts, Caflles, or Men
of War.
Neither can tht Hollanders hinder, either the Merchant Adventurers to fettle themfelves again at Antwerp^
with the King of good liking and approbation, or obflruft the Antwerpers from gnntiog the Englifh
Merchants the fame Priviledges that anciently they had in thatCity. And with the Ring of Spain's Confcnt, the
Magiftrates oi Antwerp may grant them the freedom of a Proteftant Church within their own Court or Englifh
Houl.;'ior theStapie.Neithercan t\\tHoUatders^mAct the Citizens of from felling the Eaft-Countrey Moufe
laAnrwerp (^now lying wafle} to be imployed for the Englijl} Snpile of Cloath and other Goods. All which
may De accompl'fned in this junftureof tinic, to the great advantage both of London and Antwerp-, if the Court
of England would be as free to embrace thofe Overtures and Propofals made lately for thofe purpofes , as the
Maglllrates of Antwerp are defirousto have them eflablifhed forever.
There is nothing of more Importance to the United Provinces, than Navigation, by which they do not only
fubfift, but are inriched, and render themfelves formidable to all the Princes, and Potentates of Europe,
And to the prejudice of all their Neighbours, and their own great Profit, they did draw to themfelves the
Commerce of the whole world, as well in refpeft of the fale of Goods in their own Countrcy, as of what they did
diftribute unto others.
And although their Commerce feem now to be interrupted, and diminifhed by this War -, yet that is only
for a time, fiuce that as foon as they fhall have Peace, they will immediately fettle themfelves again in the Trade
to the Exclufion of all other Nations. '
Wherefore the only means to weaken the Statrt, and to divert this Inundatidn of Trade (thatfwelled fomuch
amongfl them) without any effufioq of Blood, or expence of His Majeflie's S ubjefts A free Pafiage ought to be
fet open again for His Majeflie's Subjefls and their Ships through the River of Scheld up to the City of Antwerp.
Fir/?, The fame being a City very commodious for its fituation, eny'nonedmth Machelen, Bruffels, and many
cthergreat Cities and Towns. The entry to the Sea Port, very gocd ar.d fure in time of Winter, the River capa-
ble to carry Ships of 400 Ton, the Inhabitants naturally inclined to Trade. The Exchange for Money to all
other Ccuntreys there, the Condufts and Land-Carriages fctlcd unto Germany, Italy, &c. Themany little Chan-
nels and Rivers for Tranfporring their Mcrchhfidize, and all other qualities requifite to a fown of Commerce.
Thither HisMajeflies Subjefts might not only carry all fort of Wares and Merchandizes of their own, and other
Countries , for the ufe of the Provinces of Brabant, Flanders, Hennow, and others under the Obedience of his moft
Catholick Majefty, but likewife be diflributed further up into the Countrey totheFrrKcfcConquefls, as alfounto
Leige, Germany, Italy, &c.
Goods Exported in one Bottom, direflly from Scotland, and Ireland, and other Places, in the Ships
of His Majeflie's Subjefls, might be fold in Antwerp,at\d be Tranfported from thence more eafily,and much cheaper
than any other way whatfoever, Affo the Manufaflures of the Low Countries, the new Conquefls of France as
likewfeof Leige, Germany,Italy,See, Might be carrkd frora Antwerp into Englandt Scotland, and Ireland, at far
lefs rates than now they are.
By
Fraud and Oppreffion detedled and arraigned. 165
the Eftablifhed Laws of England, no foreign Ship canbrin^ in any Verchandize there , but what is the
Produft of that Countrey from whence they came. And no Treaty can-abrogate an Aft of Parliament, or
known Law of the Land. What comes from Leigh, Germany, Italy, See. (^Now loaded in Ships") b'eii.g
brought by the Condufts and Land-Carriages to be Laded at Antwerp , fhcuid be Tranfported into England
Scotland, and in Ships, excluding all others. '
This ajone would (o increafe Navigation, and caule fo confiderable a Trade to the Subjcfts of England, that the
obtaining thereof ought to be endeavoured without any other confideration.
secondly, The SubjeftsofEK^/iixi might eftablifltthe Staple of Cloath in the City of Antwerp, which
would be of much more advantage and Profit to thofe concerned than at Dort ■, in refpeft it is a Manufafttsre,
which is not made in Antwerp, nor in other Towns thereabout; Befides, the old Priviledges are taken away from
the Merchant-Adventurers in Ho/fitarf, where thofe People do counterfeit the Manafafture of Cloath at
Leyden and ether Towns near to Dort, fo craftily and fubtily, making their Cloath of the fame colours, yet fl'ghter
and of lefs value, whereby they under-fell the Englilh in all fine Cloaths, to the great Detriment of His Majefty
and His Subjefts, in thefale and di(lributionofthef»g/rj'?) Drapery in Foreign Parts.
And the Hollanders being naturally inclined to Thrift, and to favour their dwn Manufafturet, they Cloath
themfelves in their ownCountrey Cloath, and endeavour to introduce the fame into other Countreys, both far
and near, to the exclufion of Englijlo cloath.
For which caufe, the fale of E»g/z,% Cloath in is very fmall. 'But if the Staple were eftablifned again
at Antwerp, it would beotherwife ; as well in refpeft of what would be put off in the Provinces belonging to the
King of Spain, as of what would be fold in the Cities and Towns of the Frf«ci) Conquefts, and lurcher unto
Leige, Germany, Italy, &c.
The Tranfportation from Antwerp is at prefent more commodious and fure to the other Countreys before,
mentioned 5 becaufe the fame may pafs without paying any Imports to any other Prince than eheCatholicl^Ejng,
not going through aiiy other Territory but his.
Whereas on the contrary, going from Dort to the aforefaid Countreys, they muft pafs through feveral Jurifdi-
ftions, and confequently pay the Tranfits, which how fmall foever they be, is a burthen to the ^Werchahdizes. As
the Thirty feveral Tolls unto divers Princes, Landgraves, and others upon Rhenilh Wines, before they come to
Antwerp by Dort,
Thirdly, The Silks which comes from the hither Parts of Italy, by the Condufts to Antwerp, to be Tranfpotted
from thence intp England, Scotland, and Ireland, the fame being done by Englifh Ships direftly, would be of lefs
Charge than other ways; Likewife the Dangers of Sea is lefs in Winter, by the commodioufnefs of the Port, and
entry of this River.
The Ships of His A/ajefties Subjefts would alfo have the benefit of Tranfporting the fame with other Merchandi-
zes, and might have the advantage of many Voyages, and Ladings; which at prefent others have to their lofs.
I pafs over in filence, and leave to the confideration of thofe that Trade, the infinite other Profits ; judging it
fufficient to point only in this little Difcourfc at the great advantages His Afajefties Subjefts of Great Britain will
draw from this Navigation.
By theTreaty Afarine, Englith Ships are not to be fearched nor vifited, or obliged to declare unto whom ihe
Lading or Aferchandize belongs, being a free Ship, makes free Goods; only the Pafsports are to be fV.ovvn from
whence they came.
By this means, if theKingofS/'iif» come to a rupture with the faid Sf<zter, or any other Prince or Common-
wealth, £n^/z/^ Ships not being robe troubled either going or coming, will be always preferred; aad fo lhall
draw the Navigation to themfelves.
By theTreaty which the Ufurpcr Cromwtl made with the States of the United Provinces, it wai indefinitely
agreed, that EK^/z]&iMeK and their Ships, might freely and without trouble. Trade and fail with their Mcrclian-
dize, in and through all Parts and Places of the- United Provinces, to the Towns fcituated vvithih their Jurifdi-
fHons, or without the fame. And confequently, It was averred that it contained a grant of the faid freePaiTage
for His Afajerties Subjefts up the River Scheld. to Antwerp ; being drawn out of the Treaty concluded in the ycat
1495, between King the 7th, and PhilipDukeof Burgundy and Auflria ; which was lately revived, and fee
open and free unco the English, by the Treaty Marine between the Ring of Great Britain and the States General.
In this prefent Conjunfture , vihtTeTHe UnitedVrovinces are furrounded and attaqued by Erance, the faid
Provinces mniibe reduced in time to the extremity, that the/will be obliged to make what Agreement they
can have. However the ScibzWbeing open to the EK^/z/&,theSMffr will ftill ferve the Spaf7ri{ii Netherlands with Butter,
Cheele, Frefh-fifli, Salt-fifti, wet and dry. And all the fix Cities of Zealand,yu. Vlufhing, Middlebourg, Ter-yeere,
Zirrick:\ee, Ter-goes and Ter-toles, will not be obftrufted in any thing of their other ImploymentsCthey anciently
had) by opening the River of SfffcWd to GrwtBnTazw, That fets open all their Rivers, Havens, mi Harbours to
them in times of ftorms and difirefs of weather, that murt otherwife oftentimes perifh.
And if the States of the Seven United Provinces, were able in the Tear i6-j2. (when they were invaded by Land
Forces) to fight England and France at Sea; now the Monpeur hath gotttn down the Hogen Mogen Dutchman
upon his \nees, it is feajonable for Great Britain to give him a ripng blow ;—Port eft occafio calva.
io6 Fraud and Oppreffion detefted and arraigned.
A Copy of a Letter from Mr. ^ohn Brovene of London^ in Anfwer to a Letter
(ent him and others, h^yiX.Georgz Canw Amfierdam^ Anno 1676.
SIR,
Y Ours of thexSthof Oftober/ij^, new Stile, cme fife to my hands-with the inclofedCopy of the Utter
/roM fbe States of Holland to the Magiftrates of AEnflerdam-, both vrhich 1 communicated to the mo[i
conflderable Creditors, thatrverehiHrumentalin obtaining, the utter from fbe Lord Maior Aldermen
0/ London, on your behalf to the Senators of Viiddlehutp,h concerning the Crocefs depending there, and
at tfcf Hague, again(l the Sons and daughters of Mr, Peter Boudacn upon account of. Partnerfiip with Sir William
Ccurcen a«d otfcevi •, wherein you advijed, they and their Father had by ftnifter praltices delayed you and A-Zr. J.mes
Bceve fifteen years and upwardsand now at lafi would pleadPrefcriftion in the Cafe of Merchants ^ccompts or
Evade the A&ion, under colour of the Treaty at Brtda. Tou complain of your great F.xp'ences and lofs of fo much pre'
cious time, I know not how to help you more than 1 have done,. The Commiffioners tell me, that you had an advaU'
tageous Bargain of them in A/r. Courten'J Lands in the year 16^6, whereupon you undertoolithe Profecution of the
Eafl -India Company of Holland, and the feveral Anions againfl Pergens and the Boudaens, the Commijftoners having
furnijhedyou with all the Examinations and Uepofitions of ,v/r. John Moone , Aty, JchnRulhout, Morice Thompfon,
and ethers concerning thofe affairs, and how it appeared that Mr. Pergens was a Per/on nominated only in trufl ^or
Mr, Courten to avoid the Creditors, As to the other Ob'pclions of Pergens and Boudacn, concerning your Adminiflra-
tionr, Ihe Lord High Chancellour 0/ England, and the two Lord chief Jufiices have fufficiently anfwtred them by their
Opinions and Report inmiting, dated the ^d of November annexed tothe Reference from the Kir .g, upon the
Petition of Robert Earl of Cardigan, SirThomas Meercs, Sir Edward Graves, William Whitmr re, >»/<r Self,
others, with the Cafe affixed aifo thereunto, which Originals i jinc unto you by the lafl Poftto Middlebutgh, under
Mr, Fletchcr'i Covert j not doubting but that they will fatisfie the Judges in Amflerdatn and Mirtdlehurgh concerning,
the Laws of England, as they defired •, I think it very neceffiry that you fheuld deliver Authentick^ Copies thereof
Tranflaied into Dutch to the Judges in Holland and Zealand, and then demand their Caftagorical Anfwtrs , or
Definitive Sentences ■, which if they fhall (till deny, Protefi againfl them for their miufiice, according to the former
Inffiufiions, and fo come away for England, for we fhall be a derifion to all Nations, by waiting any longer in
profecution of thofe Afiions, after fo many vexatious delays and denials ofjuflice-, yon will be' more ufefal here, than
in Holland.- Herewith comes my fecond Bid of Exchange for 50 1- llerling, at 36 s. Fleu.ifli, pnffie Wuanct; Fray
come away for England with all convenient fpeed, we will then fee what can be done at the Council Table, or in Par-
liament, where we fhall find fome Friends, that are obliged to do us what kj^dnefs they can. So with my hearty
Prayers for your fafe Return, l remain,
SIR,
Your moft AfFedionate Friend to Serve yoU
Thefe for George Cartw Efq; at
Nlr.Ambrofe PFood^sHoufcncattht "John BrOTPn&»
Old Church in Amfierdam, ^
The Opinion and Report of the Lord High Chancellor, and the two Lord ChiefJfiJiices^
upon the AUions ofCatew againji Boudaens and Pergens.
May It Pleafe Your moft Excellent Majefty,
IN Obedience to Your Ma jellies moft rGracious Reference , we have Exa-
mined the Gale therein mentioned, and the Queftions propoled thereupon.
And we are humbly of Opinion, if the laid Gale depended in any of Your
Majefties Courts at Wejiminjier to be decided by the Law of England,
1. That the faidGeorge Cz.xev} having Letters of ./Jdminiflration De bonis non, under Seal
of the Prerogative Court of the Goods of Sir William Courten and Sir Paul Pyndar ; he is
thereby well Intituled unto all unadminifired Goods and EjfeJls of Sir William Courten, and
Sir Paul Pyndar.
2. That Prefcription of time by the Laws o/England, is no bar to demand an Accompt, in ctfe of
Merchants Accompts,
3. It is lawful to ProfecHte for Debts, notwithflanding former Suits, wherein thofe Debts were
not demanded.
All which is humbly fubmitted.
j.Novcmb, 1616.
finch C.
Ri, Raynsford.
Era. North.
The Petition, Reference, and Cafe that were annexed to this Report, are here omitted, in
regard the Cafes are fo often recited in this Book; Efpecially in the 19th and 29tb Pages, with
the Opinions of the moft Eminent Council learned in the Common Law and Civil Law,pradi-
fed in England. Hereafter
Fraud and Oppreffion detedcd and arraigned. 107
HEreaftef follows a Petition to the King in Mrs. White j Cafc^ a Reference ttpon
it to the Judge of the Admiralty , with his Report thereupon'.^ And il/r. James
Boeve'j- Atte(ration concerning the jaid C afe : AU being of that Conjequence and Con-
fideration, in point of Property andVindicat ion of the Judicature England, that no
man can be fafe in his Ejiate , if there be not Relief given to the Edrties Interejfed, and
Jo much injured and grieved by i/ie Hollanders aWZealanders. Tt being very remarkable,
that thoje States take more care in TrotMing oft heir Subje&s in Frauds and Oppreffions,
than ethers do, either in deteftingor arraigning them, for juch injuries and offences. A
fadTreJldent thereof may he feen in thoje Monjlers of Mankind PergensarW Boudaens,
who procured the States Letter fin Mr. Fletcher'/ Cafej to the Magi fir ates of Amfler-
dam,recited in 'Page 62 ,Prohibiting theht from doing any Jujtice therein,pretending that,
their Glorious Treaty at Breda (as 'they call it) had fuch an ajpe& to extinguif) all
Anions at Law, and Pretences upon any civil Contrails, before that day.
To the K IN G s Mofi: E xcellent MAJESTY.
The Humble Petition ofHcfter the Wife of jo\m White, o/ColridgCj
in the County of Devon, Gent,
Mofi humbly SheWeth\
'HAT Youi- Petitioner was lawful Adminijlratrix to John Moncj
late of Z Merchant, Deceafed 3 buthis Eftate being frau-
dulehtly convey'd into the Zun? Gwwtr/fj, into the hands of one
PeterLoudae'n o¥ MiddleburghMtichmt, a pretended Relatioii
of Money s Your Petitioner, and Mr. lames ! oeve, who in the
Right of his Wife being equally coticern'd in the EUate, cannot,
after a tedious Suit in Law with the (aid Lo'udaen, not wide
{landing their Right and Intereft thereunto hath been deafly made appear in tlie
Coni ts of Law both in England, and the low Countrjes ^ obtain Jufticethcie, ncF
titer in their Inferiour Courts, nor from the High Court of Judicature at the Hague:,
but the faid Eftate is ftill unjuftly detained from them, as by a Narrative of tUe Cale
hereunto annexed, molt plainly and fully appears.
May it therefore Pleafe 7a»i*Majefly to grant Tour Petitioner T et'iers of Mart or
Repriftls, for the recovery of her jufi Right'-, And in order thereunto, to refer
the Conf deration of the Matter to Jour VisjelTxes Judges of the Admu aky, and
Prerogative Court, to Report to liiwrMajefty theTruth ofToiir Petitioners Com'"
plaint, and the reajonablenefs of her Requeji.
And Your Petitioner fhall Pray,
Jt the Court at White-Hall the i3^^o/May3 i66u
H I S Majejiy is Gracioufly Pleafed to refer this Petition unto the
Judge of the Admiralty , who is to examine and! confider the
Contents thereof, and Certifie His Majejiy the true ftate of the Feci-
tioncrs Complaint i whereupon His Majejiy will declare his farther
Pieafure.
CJ^ieholas,
Ee
io8 Fraud and Oppreffion detefted and arraigned.
A Narrative of the Cafe of Hejier the wife of 'John White of Colridge in the County
of Devoft Gent, againtt '^Feter Boudaek of Middleburgh Merchant.
Efter White deWyer, and near eB of blood to John de Money
Jlierchanty late of the Parijh of St. Mary-hill London, who being childlefs, and having
a confiderable Ejlate, inTrade andPartnerfhip, which Sir William Courten late of
howAon Knt. andwlth the faid Peter Boudaen 0/Middfebiirgh Merchant, hfd
defgnedthefaidlie^ei,andher Sifter, late wife to James Boevc, to be Heirs to his
Eft ate, as bjf Letters of his hand to their Mother, and other proofs can be made ap-
peari and had to that end taken them home to him out of France, after the death of their Mother,
ever treatingthemas his children ^Vpon going to Middleburgh/» the gear 1631. to fettle the Books and
u4ccompts of the faid Partnerjhip there kept, and Lodging at the Boudaen'J hoafe, through a fright
takenj fellfuddainlyftck, of a Lethargji andwithall a burning Feaver ^ of which within Sflrio days
he dyed) having been Jpeechlefs divers days before his death, and in no condition during hisfaid ftckriefs
to make a Will, yet a writing pretended to 'be his laft Will: but dated the very day of hw death, and
about the contriving whereof, the faid Boudaen and his complices were very bufte at the mftant of his
death: and after his death, not ftoned with his name, or any thing like Letters j but with a moft ill
Jhapen markyvas by the faid Boudaen fent into England,»<«»?/«^ his two Partners Sir Willian Courten
andhimfelf the Executors, and his wife his Heirefs) giving great Legacies-, (viz.) eight thoufand
pounds to the children of his faid Executors: which were Ftrangers to his bloud, and making afmalt
Provifton for the faid Hefter and her Sifter his lawful Heirs) giving the grofs of his Eflate to bts
Wife, whofe Son the faidBoudzen is by aformer Husband) andprovided that his faid Executor ftoould
not be liable to give any Hccompt of his Eft ate to any body living, vehich is contrary to Law and the
duty of an Executor; andyet in the end concluding they ftoould do all that belonged to good Executors
to do, which implies a contradiSlion, which faid Will was by the faid Sir William Courten, Exhibited
in the Prerogative Court only in Common form, and by colour thereof, and advantage of the Minority,
of the ftaid\\t^tx and her SiEer. The Widow receiving all the Debts, and diftpoftng of the goods as
Executrix falfely, the faid Boudaen her Son hath unjukily ftwallowed up all the Eftate of the faid
Money, without payinghis Debts or eveningthe Books of their Partnerjhip-, or taking the quality and
Commiftfton of an Executor -, of which mifcarriage the faid Heiier coming afterwards to have clear
kpowledgeft/d in intheyear 16^0. by all ordinary ways of Sitiation, as alfo by Letters requifttorial from
the Keepers of the Liberty 0/England, by .Authority of Parliament to the Majeftracy of Middle-
burgh, cite the faidVetex ^oxxAzenfthe faid Sir TlWXiZXXlCovixxen being deadi) to make due probate
of the pretended Will, andtotake onhimthe ExecutorJhip,or elfe to Jhew caufewhy the AdminiEra-
tionjhould not be granted to the faid Hefter; who refuftng to appear by Proclor , did yet plead by his
Advocate, feveralCourt days^ and upon mature deliberation. Letters of Adminiftrationwere granted
tothefaidHcAer White alias de Wyer, who therewith went to MiddlehutghandftrE by Inireatiesi
and afterwards by a Procefs there in .Quality given her by the faid Letters,having alfo Procuration from
her Husband-, demanded to have knowledge of the faid \AoviC\es Eftate, by view of the Books in the
hands of the fatdPtOwdzen-, but becaufe atXAxddlehxxxgh., where the ftaidPoudzen was powerfull, the
ftaidldeXiexs Quality and] uft Caufe would not well be under flood, and although the faidPtonft&tn had
both affirmedthe JurifdiBion of the Prerogative Court -, over the faid WLoncy?, Eftate in his pleading
ijr Middleburgh, and alfo had acknowledgedthe dwelling of the faid Money/o be London, and
faidthat for that reafon his faid Will had, been Exhibited there -, and proved as it ought to be, and
pleaded that the Letters of Administration were gotten fturrupticioufty of the Court, the contrary
whereof as alfo of the probate pretended) appeared by ten feveral Ablsof the faidCourt, andCer-
tificate of the Regifter. Tet a ftrang? Sentence wat given, that the faid YieXtcx asyet, inthe ^ua-
lityftoe then Pleaded,wasnot receiveable 5 which forced her to appeal to the High Court of Judicature at
the Hague : where the Suit depended through the Artifice of the faid Boudaen above years with ve~
ry great charge, andalthqugh(he hadthereprovedher juSiQuality of Adminiftratrix. Tet a Sentence
was given on the ifth. oj May 16^7. declaring, Peter Boudaen as Heir (by his Motherf to
John de Money, did undertake to anfwer to all pretenders-, and did fatisfie what might be adjudged
unto them, that in fuchCafe the Administratrix was not grieved by the Sntence of Middleburgh m
queftion, and by default thereof condemned the faidPoxxdzen inwhat the Administratrix had demand-
ed-, prefervingfuch Right unprejudiced as the faid Boudaen, or any other might have, by vertue of
any fuch Will orTeftament; asfhould have been legally made by the John de Money, as alfo the
right of thofe that [hall maintain the contraryfto wixjthat the faid John de Money dyed Jnt eftate fto that
noregardhath been taken of the Letters of Adminiftration, duly granted by the Judge of the Preroga-
tive Court; but in oppofitwn to what hath been lawfully decreed-. An Adminiftrator was fet up, and
the Right of Admimftring the ESbate, denied to the faid \iehitx who is the only lawful hdmixh^xztlx,
whic'o beingaltogether difhonourable to the power of the Court -, may prove prejudicial to the whole
Nation for the future, if fuch Preftdents be admitted. Judge
Fraiic!andOpprefiion deteiStfed ari^ arraigned,
Judge Hy des Opinion andReport updri the
Kings Reference in Mrs. Whites Cafe,
with her Petition Annexed Anno i 661.
ACco^hing to Sr^afcffiCjS v(5jaciou3S? JUcfcrcntc of the fictitiori hcrcimfo
annereti^ upon pcrUfal of thefehetal^joccffe^s ^ CcrtificatCiS Sffihahits?
anH m^cttcrj^ in tpiiS caufct cjrhthitciij Sfinh tf)at ]ohnde Money Snajstan
Engiifti a^erctjantj late of Mary Hill London, atth toap' partner toith J>ir wiiiiafn
Courten, ,iS>it Peter Courten anJj Sl^r» Peter Boudaen Of Middleburgh in Zealand ^CtChont^
anh that upon iniplopment of abjutfing all SlccomptiS, tocnt tptper to the
faib Peter, iDf )erc ftojtlp after atriPal he ficftneb, anb about nine bapep after
hiifli ncfenefjsf h^bpcb =. in notoife able buring hij^ foib frcbncfisi to malfte a i©iih
arhatnottoithtianbing thi.sf, a 3©ill tuap bfought into Br (.iand batch tfie ban of
hip beath, anb ,^ir wiiiiam Courten Co^etccuto? thereof, thith the faib p t. r (^rhi-
biteb the fame in the ^:erogatibe€ourt,tuhere it toap p26b. b in common fojm,anb
Bpbirtue of thip pjobate, the faib t eter Boudaen pofleffcb hiuifilt of all tne befuna^
Cflate, inhieh amounteb to about 30000I. ao bp the 5ficcampt is? mabc appear;
f^Thc faib Johnde Money Icabiug bcliinb him tbjo jpecccsUunbcr age^ anb habing no
other liittbjeb, 0? JHelation in bio ob» , ,
f^hat the §^etitioner Hefter white, aliaj^ de ^yer, tbas? the dSijtcrs? ©aughtet of
the faib John de Money, aub luhen ihc greijj of 51lge, anb toap marrieb, unbrrRanb?
ing the fame [iuith fitt J^ujSbanbp Sutho?itp anb confcnt] bp Eetter^f fubtnutuae
viciditudinis obtentu Icgallp fummOUeb the faib Boudaen at Middkburgh to pJObO
the faib p?etenbeb IBill herejn fogm of 1£abJ per teftes ,2E»ut the ai?agi|lrateiS of that
place returneb a negatibe anftoer thereunto i 5llnb farther [after the Sjubges here
hab granteb the petitioner Eetter^sr of SUbminiflcration of hii^ dilate aP nept of
Mtij bp birtue boh^^of ihe bemanbcb juftice there,] p^onounccb fjer not capable
of fuirtg befoje them: from inhieh d^enterice ihe appealeb to the Hague, tnftcre thep
confirmeb th^ beclaring that the Eato^ anbCutlomsr of England, coulb tafte
no place in Hollands
Upon this cafe I humbly conceive, that the Eftates of Holland and Middkburgh
have wronged the Judicature of this Nation by their anfwer to the Letters of
Requeft, and taking upon them to determine a Caufe, which was here be-^
gun, and in truth naturally belonged to the cognizance of that Court where
it was firft commenced, and confequently grieved the Petitioner to the value
of ^coooL or there abouts, befides her labour, Coft and damage; in regard
whereof his Majefty ftiay pleate to interpofe with the of the
United Provinces for latisfadioh to the Petitioner: And in cafe the fame be
denycd, it is a jufl ground for his Majefty to grant the Petitioners Letters of
Mart or Reprifal againft the Subjecfts of the Vnited Provinces r All which is
fiibmitted to his Majefties Royal Wifdom and Juftice.
Thomas
May 27. i66\.
This is A True Copy of the Report, as alfo of the Cafe and
Petition of Mrs. WK\te recited in the twof^egoingpages,;
exammei with the Original by tts
fjantes Boeve
John ExdU-
fh^
11 o Fraud and Oppreffioii deteded and arraigned.
1 he (^tte flat ion of Adf James Boeve, SMrn
before the Mafters of Chancery, (^nno \6'j6.
JAMES BOEVE Londartj Mfercharit, aged Threelcore and Five Year^;
or thereabouts 5 at the Inftance of George Carew oi JRichmond m the Count}''
of Middlefex Eiq^ Adminiftrator of the Goods and Chattels of Sir William
(Twrtew Knight, dcceafcd, appeared before the Honourable Matters oiChan-
eery hereunder-written, and iiiade Oath as followeth, (viz.)
That Sir William Conrteh late of Knight, Sir Teter Courten late of Middle-
hurgh m ZealandKtnght:^ and Mr. John Mone) \zte oi London., Merchant, their Bro-
ther in Law, did Trade Jointly in Partnerfhip to feveral parts of the World 5 That
William Courten was Interefled therein for the one half, and the other, each a
Fourth part. That the Books of Accompts of all their Trade itt Fnglahd were kept
at the Houfe of Mr. John Moncy-j And at ^ixTeier CoHrten mZealand^
the General Books of Accompts of all their Trade in other parts of the World.
That this Deponent came to dwell with Mr. John Money ih the Year of our Lord
One ThouJandSix Hundred Twenty and Eight., to (erve him '> And in that t^ality.
wrote in the Books kept in the Houle, until the Year One Thoufand Six Hundred
Thirty and Seven. That there were Goods fold at Time, in the Month of Tdecem*
her., One Thoufand Six HundredThirty and Six., and cbnfiderable foms of Money re-
ceived that Year for Accompt of the Partnerlhip. That this Deponent in the Year
of our Lord One Thoufand Six Hundred Thirty and Seven , did fond the Accompt
ofSir Courten, with the feveral Accompts of all the Goods fold in England,
and the Accompt of Profit and Lots, drawn out of the (aid Books, v^^hich He this
Deponent had kept in London, with a Ballance thereof, unto Mr. Teter BeUddek of
Middleburgh Merchant, who focceeded Sir Eeter Courten in the faid Company as his
Heir 5 All which came to the Hands of the faid Teter Boudaen, as was then acknow-
Jedged by his Letters: By which Accompt Sir Eeter Courten flood Debitor and Ac-
comptable to the faid Company above One Hundred Thoufand Bounds fterhog j But
the certain fuili he knowcth not,but referreth himfelf to the faid Accompt, and Bal-
lance of the faid Books. That the Accompts of the laid Partnerfhip were never li-
quidated in'his time, or fince to his knowledge , nor any Divident made of the
Effefes of the faid Company 5 But that each Party drew all the Effe^ls within his
Power, (viz.) Sir William Courten all the Ettefts which were under him and Mr;
John Money in England : And Beter Boudaen, as Heir to Sir Beter Courten, all the
Effeds redding under him without England j hnd that the (aid Partnerfhip, for as
much as He this Deponent knoweth, was never duly feparated or diffolved. That
He this Deponent in the Year OneThoufandSix HundredThirty and Seven, did by
the Order and Command of Mrs. Money, deliver all the Books, viz. Journals, Lei-
gers, and Cafyhooks, which he had kept in Mr. John Moneys Houfe after the deceafe
of Sir William Courten, unto William Courten Ef<ji his only Son, and Executor of his
laft Will and Tettament; Alledging, for reafon of his Knowledge, That He this
Deponent dwelt with Mr. John Money in his lifetime • and after his Deceafe with'
his Widow, and did help to manage that Trade to the very laft 5 And had received
many of the Debts himfelf, and kept the Books of Accompts thereof. And fur-
thermore. He this Deponent declareth, That he doth not give this his Atteftationt'
out of Hatred or Malice of the One, or hope of any Benefit or Frieridfhip on the
other fide, But as a good Chrittiaii ought,and is bound in Confciettce to give Tetti-
mony of the Truth, and would that the like were done to him; So truly help hir^
God Almighty.
C Sir John Coell, )
Depofed the 2 yth of 1676, before \ and > Makers in Chancery,
iS'irAndrewy
Fraud and Oppreffion Detefted and A rraigned. in
To the Kings Moft Excellent Majefty.
the Humble Petition o/Thomas Kynafton Merchant^ George PorterE/^*,
Son and Heir o/'Endiinion Porter E/^i Adventurers in the Joint Stoch^
with Sir William Courten to the Eaft-Indies, George Carew Efq\
Adminijirator of Sir William Courten, and S'ir Paul Pindar, Charles
Earl (?/Shrewsbury, Sir Thomas Meres K"'. Executor of Sir Erafmus
de la Fountain K"^. Deceafed^ George Cole Thomas Townefend
Thoma8Coppin,^»fif Charles Whitakcr Efqs^on the behalf of Them-
felves^ and Others *, fVith many Orphans and Widows^ Creditors of Sir
William Courten and his Son'^ and Sir Edward Littleton, and the
late Earl f/Bridgewater, Deceafed.
SHEWETH,
THat there is 150000/. and upwards due tolls from the EaJi -TndiA
Company of the Netherlands, by reafon of their violent Depredation
upon the Two Ships, the Bona E^eranza, and the Henry Bona Ad-
Ventura j which Debt and Damages was referved by Your Majefties
Treaty Anno 1662. for Satisfadion.
That in the Year 1664. Cur (aid Wrongs and Damages were proved before the
Commons of England, and Your Majefties moft Honourable BrivyCouncel, and
admitted by Your Majefty as a Ground of that enfuing War againft the Vnited
Provinces.
That Your Majefty upon Report of the Admiralty Court, owned our (aid Right
and Claim in the Premi(es under the Great Seal, and gave us Letters of Reprifal
in the Year 1665. with fpeciaj Provifoes and Limitations to continue in force, as
well in Peace as in War, But afterwards our faid Right and Claim (eemed for
(bme time to be fufpended: For fince that our (aid Right and Claim hafrh been
Revived, and again been owned by Your Majefty, with Intentions that We (hould
receive Reparations at the next Treaty, as appears by (everal Orders and Refer-
rences from Your Majefty, and the Lords of Your Majefties moft Honourable Privy
Councel, and Reports thereupon hereunto annexed 3 AlKignifying, that in Juftlce
and Honour Your Petitioners ought to be fatisfied in this particular Ca(e, And
accordingly in the Month of July 1672. Your Majefty did by your Letters, Com-
mand YomElenipotentiares then in the Vnited ^Provinces, to provide (atisfaftion
for Your (aid Petitioners. And after that again, Your Majefty Commanded Your
Plenipotentiaries at Cologne to the fame purpo(e. Yet hitherto no Satisfaftion, or
Reparation hath been made untd Us, or any of Us.
Wherefore Jour Petitioners do Humbly Bejeech Jour Majefty, either to Per-
mit Vs to make VJe of our faid Letters Patents for Reprifals Legally
obtained, and remaining upon Record'-, Or toufe fuch Efe&ual Means
with the States of the United Provinces, or their Eaft-India Company
to make Vs fome Satisfaction for our faid Lojfes and Damages out of
the 800000 Pattacones payable to Tour Majefty by the lAi Treaty j Or
that roe may receive SatisfaUion otherwife according to JuUice,
And Your Petitioners (hall,
as in Duty Bound, ever Pray,
Ff At
112 Fraud and OpprelEon Deteddd and Arraigned.
Jt the Court at White-Hall the of fuly 1^77-
By the Kings Moft Excellent Majefty, and the
Lords of His Majefties Moft Honourable Privy
Council.
pen tIje l)umUe petition of George Carew<£fqi atmiim'iTrnto?
oft&e^ooti? rmt! dfeattel^ of feir William Courten, nnD <B)iC
Paul Pindar, ©it: Thomas Meres ikt. t^teCUtO? Of ©It Erafmus
de le Fountain, Thomas Coppin, Gilbert Crouch, anO William
Hinton (gfqi Valentina Bazilla Lloyd, tgjeCUtrir Of ©tC Peter
Vanloar, OIlD Elizabeth Bartlet SBil!Oltl0) Mark Fletcher, anti
Ihoraas Carter ^eiCgailt^, Oil ti)t bOljOlf Cf tf)emfeiOO0, OUD
ttianp |>uiHi?cli0 of lpi0 fiajcfiie^ Subjecto of England ijorcin concernoo, fetting
fojtl) tljo ©tniltei: Pcactice0 Ufto bp Peter Boudaen cf Middleburgh ^^etCbOllt t
JScpljcoi ano foie Ctecuto? of S)it Peter Com-ten, (a poiftifing ijtnifelf of tbo
Citato, Keal aiiO petfoital of ttjo faio ©it Peter j aboicing to come to anp
compt fo? tfie fiime, ano obittucting tpe oioinntp €oiicfe cf luifice buringbis iife,
00 i)i0 ©0110, anb fpeit^ tjabe fince Done 5 mijeccbp ttje Due aDminiilcation of
SluDice batb been often DenieD, anD tbe ^uDiciat Scto anD Decreeo of tbe Pieto-
gatibeCouit, anD^)iglj Couit of Cijancerp in tbio J^ingDom, iltgbteD ano com
temn'o in tbe o^Dinatp Coiitto of Juoicatute in Holland, aiiD Zealand, dibere bp
iSDiDec ftom tbe States intbe pear 1676. Juflice mao pofitioelp DenieD tlje petiti--
otter0to tbegeeat Cpp^eiTionoftbem, anDofmanpC>^pban0anDC^Uinoio0» claim»
ing tbe effects of ©it William Courten's Cltate anD bis ©0110, as alfo of John
Money's anD ©it Paul Pindars, gotten tlltO tbe bannS of tbe faiD Boudaen Pergens,
anD Otbecs IllbabitantS of Amfterdam, ailD Middleburgh, tO tljebaiue of ttDO bum
D^eD anD fiftp tboufaiiD pounDs. 9nD tbetefo?e piaping tbat fpeeop fatisfaction map
be cequiceD ftom tbe <SmbairaDout (Etttao^Dinatp of tbe States General, 0^ tb^t
Commiffionets on eitbet 0De map be fojtbmitb namcD to infpcct tbe Sccompts,
bettoeen botb Patties, anD Detetmine tbe fame acco?Ding to Eigbt. |)i0 ^ajefip
toas pleafeD to appoint caieDnefDap tbe of Oftober nett, fc? bearing tbe
petitioners at the OBoacD, concerning tbis bufinefSj at mbicb time tbe parties
concerneD, aretogibetbeirattenDance, anDbjtngtbeirCountiUleacneD, iftbep
pleafe.
John Nicholas.
Fraud and Oppreffion Detected and Arraigned. 113
At the Court at White-Hall the24^\ oi fuly 1577.
•
By the Kings Moft Excellent Majefty, and the Lords
of his Majefties Moft Honourable Privy Council.
poll tlje llUlllble petition of Thomas Kynafton ^ercbOlttj George
Porter t £fq- SOlt atlO Of Endymion Porter ailO Thomas
Townefend (£fq. 3DhentUfCl'0 III tf)e jopilt tfOCh toltf) William
Courten, tO tlje Eaft-Indies, George Carew Efcjj SDIlUlliaratO? Of
Sir William Courten, aiiD Sir Paul Pindar, Charles Cat! Of
Shrewsbury, Sir Thomas Meres CjCeCUtC? Of Sir Erafmusde
la Fountain IBl't OeceafeD, George Cole, Thomas Coppin, ailO Charles Whitaker,
€fr}05 on tlje heho'fof tb^mfelUejO ano oth£i% tuith manp ©ipljano anti CUiDomsi,
Cceoitoio of Sir William Courten, anO 1)10 ^Olt, ailO Sir Edward Littleton, aim
the late Catl of Bridgewater Deceafeo. P^ajiiiiff that thep map be hearO at tW
15carD, upon their fomn^t petition, fetting foith theit great loffeo anbDamage0,
fiiffaincD bp tljo Eaft-india vCompanp of the Netherlands, bp teafon of theie bio»
lent ocpieoattott, upon tht tvoo ^hip0 the Bona Efperanza, ailt! the Henry Bona
Adventura. j |)i0 C^ajeitp 1030 plcafeo to appoint eiletinefoap the ofOftober
neet, fo? hearing the petitioner0bp themfelbe0, oi their Council Learneb, upon
the matter of their faid former petition, ^t tohich time aupartie0 concerned
ai e to gibe their attendance*
John Nicholas.
MEmorandum that on the of September 1677. A Notary pubtick^, and two
other credible witnefles, addreflTed themfelves with the faid Orders of the King
and Comcil-, unto Seignior van Bervningen Emba^adour Extraordinary from the States
General^ about ten of the clock in the Morning, at his Houfe in Deans-Tard in Wejimm-
(ier, who having Read over the faid Orders, before the faid Notary itid Witncifes in his
Preience-chanriber, without any other provocation, fell into a pallion, and contemptuofly
tore the faid Orders in pieces, and trampled them under his feet. NotwithftandingHis
Excellency wzi infornr ed, that feveral'Members of Parliament were concerned therein i
wJio advifed, that notice fhould be timely given to him, that the States, or any others in
thcVnited Provinces might not be furprifed, but appear by themfelves, or their Council
if they pleafed, to make their defence at the time appointed, by His Majejiy as aforefaid,
Neverthelefs the faid Embajfadour in contempt of the King and Comcil, replied he would
not take notice of any fuch Orders s pretending that all private and particular differences
as well as Depredations, and Spoils, were extingniihed by the Treaty at Breda. Although
feveral proceedings at Law, were admitted thereupon at Amfierdam, Middleburgh, and
the Hague refpeftively, fince the faid Treaty ■, before Jufiice was pofitively denyed by
txprefs Order from the States of Holland, contrary to the Laws and practices of England,
and the Laws of Nations in fuch cafes, as it was Afferted not only under the hands of the
prefent Lo> d High-Chancellor of England, and the two Lord Chief Jujiices, in their Report
upon a Reference from the King on the 3. of November 1676. But alfa confirmed by
Advocate de Mey, of Amflerdam, and other learned Advocates in Holland, and Zealand,
in the year 1^76
Printed the 2Qth. (^September 1^77.
Fraud and Oppreffion Detefted aqd Arraigned.
Several Remarqucs concerning Mr. Jacob tergens^ and Feter Boudaen.
I« 'WT is to be obferved, That the Complaints and Caufes of Grievances in the Jir(i
I Order of the Comcel-Board^ are upon matters of Account in Trade, Bills of Ex-
change, and civil Contra&s, and Covenants between particular Terjbns, for
which JuUice hath been fo often delayed and denyed againji the Laws ofTroperty, and
Common Bight, which are not comprehended in any publid^Treaty.
II. That Jacob Pergens was born at Cologne, bred up in London, made a free De-
nizenofKngJand j afterwards an Inhabitant at Middleburgh Zealand, where he
contraHed a Marriage with Peter Boudaens Siller, then he fettled himfelf at Amfter-
dam, and became one of the Committee, orTire&orsof the Wcft-lndia Company, where
he Arrived to theTriviledge of cheating all Nations.
III. That by a Sentence of the Supreme Eourt of Judicature at the Hague on the 1 6th
^March 1666. an AUion was referved againji the faid Jacob Pergens^91 167
fieri. Money proved to be paid to the faid Jacob Pergens by James Bocve in the lears
165s, and 1636. out of Sir William Courten's CaJ]}, more then was received of the faid
Pergens , Tet he had the confidence after Sir William Ccnrten's death, by a Combina-
tion to fet on foot a pretended Debt upon a Bond of 15001. dated the 1 2th. of March
1534. for payment of 10001. by Sir William Courten to the faid Pergens.
IV. XJpon which pretence,and other colourable demands againji Sir William Courten
and his Son, the Jacob Pergens^0# feveralfraudulent Grants, and Ajfignments
from William Courten Efq 5 of diverfe Debts and Obligations, as alfo oj the Ships
Bona Elperanza, and Henry Bona Adventura, feveral years after Mr. Courten he-
Came injblventj and fevenyears after Mr. Courten had Afitgnedthem,(_upon valuable
Confiderations junto Sir Edward Littleton, and Sir Paul Pindar.
V. That the DireUors of the Eaft-India Company, after feveral Jnterdi&ions, and
Jnfinuations made by Jonas Abeles, concerning JzV Edward Littletons, and AzrPauI
Pindar's right. Tet the faidDire&ors in the year 1649. compounded with the faid Jacob
Pergens, jf^r Mr. Courten's pretence of A&ion,for the fiem ofS^ccc Gilders, upon
caution of Peter Boudaen, to be faved harmlefs and Jndempnified againfl JVrPaul
Pindar's and Sir Edward Littleton's Ajfignments.
VI. That Jacob Pergens by his AU and Deed, Dated the 22d^ February 1648,
Covenanted and agreed with Mr. Courten, to pay all fitch Monies as he jhould receive
by vertue of any Ajfignments of the faid Ships Bona Efperanza, and Henry Bona
Adventura, unto fuch Terfon and Eerjons, as fiiould have right to claim the fame. Jet
the States of Holland, would take away the natural Liberty of Engliftl-men, who L egally
claims thefaid Mlonies, in lejfening of their Debt and Damages, by the ordinary courfe
ofJuUice.
VII. In all Ads of Earliament, particular mens rights are excepted'. No General Ear-
don, or Oblivion, ever efieHed a particular mans Intereji, in a private and particular
concern. And it is as unpraSicable that Mr. Pergens, his particular ABions of Cove-
nants and ContraUs in Courten's Cafe, jldould be applicable to thofe general words, of
Injuries, Damages, Offences, and Lojfes comprehended in the Treaty of Breda, any
more then Strangers Jhould be comprifed in an AB of Earliament at London, Debts
due and owing to Merchants at Middleburgh, or Amfterdam, upon Bills of Exchange
protejiedfor non-payment, by Englifti-men at York or Briftol.
etc JLetterjs patents fa? cfpccial EEp?iTalj5 falls uimec ottet confiUfia'
ti'onis. etc p?op|ieto?!ef5 ant SinterHfta, Ciajmiiig bp fi:trao?t!incrp
ineanis ttcic toffee ant Damage0, ant aftcrtamct tintcc tljc
©teat iSeal of England, a0 teccaftec folioUi^^
The Copie
Fraud and Oppreffion Detefted and Arraigned. f i §
A Copy of Letters Patents for Efpecial Reprifals from the King of Great
Britain^ ( under the Great Seal oi EngUnd,) againft the States General,
and their Subjects, Inrolled in the High Court of Chancery.
H A R L E S the tecond by the Grace ofGod, of England^ Scotland^ Erance
and Ireland, King, Defender of the Faith, ^c. Co all Peopic
to toijom tljtCe pjefencgfltali cotnr. Greeting: whereas D«r loUing wiJJiam
Courten ©fq; OeceafeD, anoljiBpiactnEcg Anno 0^43, bp tlje bepjetiation ano bofttlc
act of one Geland, Commauoet in chief of ttoo abips belonging to the Eaft-India
(Companp of tlje Netherlands, jnas bettoiien Goa and Maecao ut the ^treightss of
Malacca, Depjibct) ano moa iufuhouap fpoiico of a ^l)tp namco the Bona Efpcranza,
ano of het 2Cackle,0ppatel ana iFucniture, ann all the ©roas ana JLaaing in her> upon a beep hopefwlCta-
Ding tHopageto China, bahicl) boctc cacaea to Batavia, ana there all de tafto bJtthout Due pjocefo of JLabi
confiCcatea i ana that alfo in the fame ^eac another ^Ijtp of our £aia §)ubiett, callea the Henry Bonad-
venture being come on grouna near the ^.llatta Mauritius, there both ^hip ana (I5fflaofei?eD upon bp^
Ibme of the SDfficero ana spinitters, ana otheto unacr cneComrnanb of the faia Eaft-India Companp, ana
utterlp aetainea from the right £Dl»nero, And whereas the faia William Courten, ana his Hfsigns in hia
life time, ufea all pofsible cnaeabours to cecober the faia S>hip3 ana ©coas, ana to pjocucc furtljec BSufttce
agaiiiff the spalefactojs, ana pet cotila obtain no Kcftitution oj S>atisfartiDH, bihercbp tljep became to be
much aittceffea, ana utterlp unaone in their ©ftate ana Creait t 0na that thereupon, ana upon the maH
humble fttpplication ana Slaajeffes of Francis carl of Shrewsbury, ana William Courten ©fgi Cfranaj^rhila
ana ^eir of the faia &ir William aeceafea, ©ir ]ohn Ay ton ana »ir Edmond Tumor ikntghts, George
Carew anD Charles whitakerCigBj on the heljalf of theuifelbes ana Dibers others Intereftea in the lata
tbJO ships Bona Efperanza ana Henry Bonadventure, anB in the ©ttates Of the fata ®ir William Courten
Deceafea, str Edward Littleton l^aton. ana Sir Paul Pyndar l^ntght aeceafea, that ®le bjoiila take their
Cafe into ilDur ^jincelp Confiaeration. We out of a Juft Senfe aase then haa, ana flill habe of their unjuft
fuiTrings in that buCnefs, both bp jSDur ob)n Letters unaer ©ur Sign Manual to the States General of the
United Provinces, an& bp S>ir George Downingl^ntght ano liSacon. £Dur©nbop ©rtraojainarp, to bthortt
©Ste g .be fpecial Cammana fo to ao i rcguirea fatisfactton to be maae actojaing to the rules of Hufttce,
ana the 3:mitp ana goa corcefponaence bihich ?i®e then aefirea to couferbe bjitlj them firm anD inbiolablf»
And whereas after fcberal aiDajelfes ntaae to the fata States General bp £DHr fata ©nbop, ana nothing
grantea effectual fo; l^clief of onr faia Ssubietts, (bohom SSKe take €)ur felbes in l^ouour ana Bluttice, cous*
eernea to be fatisfiea ano repaia,) ?l2ffe latelp commanaea the faia ^ir George Downing to intimate ana
fignifle to the faia States, that ®e erperteb their final ^nfbaer concerning fatisfaction to be maae foj the
faia&hips ana dlJtoas bp a time then pjefirea, ana fince elapfea s that QJKe might fogobecn;^Dur felbes
thereupan, that C»ur afojefaia ^ubfects might be reliebeo accojatug to Wight ano lullice s ;anD pet no
tisfactojp Enfbier hath been giben, fo tbat male cannot butappjebenaittobe, notonlpa fcuitlefs enaea5»
bout, but a pjollitttting of C'ur 'honour ana 2Diguicp, to make further ^ipplication after fo manp aenpalsi
ana flightings. /tnd Whereas John Exton SDocto; Of Labas, Inoge of our l^tgh ^Dmiraltp Court of Eng-
land, upon ®ur Commana, to certifp to SIS the balue of the ILotfes ana IDammages fiiftainea bp the fata
William Courten ana Partners, bJhofe Snterefi is nobo beftea in SJurLobing a>ubied:s, §Dic Edmond
Turner iknight, aiiD George Carew ©fqj ano partners, Ijath upon full ©ramtnation, ana P;a>fs thereof
maae bpOTlitnelfes in ©ur l^igh <S oucc of ^amitaltp, repo;tea ana certifiea unaer his l^ana, that the
fame ao amount to the fum of £Dnc puna?cD ififcp ilDne SChoufana Srifl^nnajea ana SCbodbe pounog.
Now Know Ye, aChatfo; a full rcftitttcionto bemaae to them fo; their &hips, ©toasana^erchanj^
Dijca, of bohicl) the faia William Courten, anD the Slfsigns of the faia William Courten anD partners^
borrc 10 DiTpailea as afojefaia, batch allfnch Colts ana Charges as thrp lhall be at fo; the recoberp of the
fame, We bp the Eabice of out p;ibp Council habe thought fit, ana bp - tljefe p;efentsao grant iLti»
cence ana Slnthojitp unaer our great ©eal of England, unto ©>uc faia ^ubfectS Sir Edmond Turnor
ana George Carew, thcic ©tecutojs, ^iDmtntttratorsi ana aiftgHS.fo; ana on the behalf of themfelbes,
anb other pcrtons intcrcffea as afojefato, t'-? eqnipp, bictual, futnifij, ana to fet to ^ea from time to time,
fuel) ana fo m tup ^hips auo pinaces as tljep lhall think fit. Provided albaaps that there be an eutrp maoe
ana recopea in the aomiralcp Court of the il'iames of all ^hip^nnD idgll'els, ana of their JlBurtheu ana
Ammunition, ana fo; hob) long time tljcp ace bictuallea ^ Ana alfo of theii^ameof theCommanacc
thereof, bcfoje the fame 0; anp of them be fet fo;tl) to ^ea ^ AnDboith the faia ^fiips ana pinaces bp fo;ce
of Arms to let upon, take ana appiehena anp of the &htps, ©ooas, 3l?oneps ana aperchanai^es of the faia
States (0tner.al 0? anp of their 3>!tb jects, inhabiting bjitljin anp their SDominions dj Ceritojies Inheres*
focber the fame lhall be fonna, ana not in anp pop 0; ^arbottr in England o; Ireland, unlefs it be the
S»hip5 n«a ©ODDS, of the parties tfiat aia the bJjong. Ana the faia S>htps, ©ooas, sponeps ana
chauBt^es, being fo taken ano brought into fome pop of lIDucWealms ana S>ominions, an Hnbentojp
thereofft dibetakenbp Authoptpof©urCouttof Aamiraltp, ana ^wi'SemeHt lhall be giben in ©ur
Court of Aamiraltp bp thejuage 0; Juages thereof, fo; the time being, upon ppofs maae befop hint,
dj them, that the faia &hig?5<25»as, Water, spcrthauai?cs, a; ^ponep, aia belong to the ^tateg ©eneral.
. Fraud and Oppreffion Dete6ied and Arraigned.
oj an? of tljctc ^u^jertis as afojefaio. C(jat tlje? Gjall be lalnful pjtje to tlje fain Sir Edward Turnor
aixD George Carew, tljcit CjteratojS, aDmtnmratojs attO afftgns as afojefailr, to retain antt k®u in
tbeit oj an? of tljetr ^oiTeffions, ano to make fale, ano Dtfpofe thereof in open Sharker oj hotofoebec
rife, to their aaci eber? of their bcft aDbantage ano J^euefit, in as ample manner as at an? time berc^
tofoje hath ban accuaomeo b? bJa? of Mepjifal, ano to habe anb in)o? the fame as latofnl pjijp an» as
their Obsn pjoper (!?£DDS, fo that neither CsptaiM Mafter nor any of the Company, that fhallftrve in
„ his own Perfon, or ihall promote and advance the faid enterprize in manner and form aforefaid, fhall in
„ any manner of wife be reputed or challenged for any Offendor againft any of Our Laws. And that alfo
„ it ihall be lawful for all manner of pcrfons as well Our Snbjeds,as any other to buy the faid Ships Goods
j, and Merchandizes fo taken, and apprehended by the faid Captains, Mailers and others, and ad'judaed
„ as aforefaid, without any damage, lofs hinderance trouble or moleftation, or incumbrance to befal
„ the faid Buy ers,or any of them, in as ample and lawful manner, as if the Ships Goods Wares and Mer-
„ chandize, had been come and gotten by the lawful Traffique of Merchants, or of juft prizes in the time
„ of open War. Frovided alb]a?s that all a>hip3, dUoDs, anb ^ctchanbljcs, taken b? bictne of this £Dttr
CTomtirion Hxiil be kept in fafet?, anO no part of them toatteb, fpaiteb, oj biminilheb, oj the JlBnlk thereof
broken, ttntil Sutgcment habe ficfl pad as afo^efaib. SThat the? ate the ^hips anb^crcljanb iyes oftbe
States (General oj fomc of their SDubjeets afojefatb.anb if b? colour of this out Comiffion there ihall be
taken an? ^hips, C ods , o > spercbaubiyes of an? of out lobing ^ubfetts, oj the ^ubieds of an? ©lince
0 J ^;ate in gojo iicagtie, oj Slmit? biich us (ercept the ^ tates (General) oj their Subjects as afoxefaib!
anb the cKwbs therein iabcn, folb j imbcyelleb ojbimintfljcb, ojthe bulk thereof bjokcn in an?phne bei
fo?e the? tbali be abiubgeb to belong to the ^^tates dUencral o? fome of tljetr ^Kbieus as afo^cfaio. SChat
then this ComilTion Ihall be of no fufficient authojit? to take the faib ^hips, d^ojbs, f ©erchanbtyes
0? to toarrant, oj fabe harmlefs fucb as Ih.iil receibe bu? oj intermebble therein,but that the niiyee fo
„taken, anb the faib g>hip of Mlar, Ihall be confifcateb to £Dttt ufe. And further Wc do hereby delate
„ that it is Our will and pleafure, that this Our Commiffion ihall remain in full force and power to all
J, intents and purpofes, until the faid Sir Edward tumor and George Carew their Executors Admi
5, niftrators, and Aifignes, as aforefaid, ihall by verrue thereof ha vc by force of Arras apprehended, taken'
5, feifed, recovered, and received from the faid States General, or their Subjeds, one hunbjeb fift? one
'„th0Hfanb fir htmfjcb anbtluelbepounbs according to the apprairement to bemade by fuffident A p -
praifers upon Oath nominated and authorifcd in Our faid Court of Admiralty,of all fuch Ships Goods
„ Wares, and Merchandises, as ihall be taken from the faid States General, or any of their Subjeds'
J, by vertue of this Commiffion, or fhall othervElfe receive iatisfadion of the Debt aforefaid, by Com*
„ pofition to be made between thofe of the Eaft-India Company of the Netherlands, and the faid Sir
„ Edward Tumor, and George Carew, their Executors,Adminiftrators and Affignes as aforefaid,
,,/fandingk fo happen, the prefent difference between Us, and the States General depending upon gene-
„ ral Reprifals, may be agreed and compofed, and that in the interim a Peace and good Correfpond
„ maybe renewed between Us and the faid States General v In which cafe neverthelefs, it is Our will and
,, pleafure, that in the execution of this Our Commiffion no violence ihall be done to the Perfons of
„the faid SubjetSs of the faid States General, but only in cafe of refiilance, and that after in cold blood
,, the Subjefts of the faid States General, if hurt or wounded iliall be ufed with all convenient office of
„ humanity and kindnefs. And Further Oat v/'iW and pleafure is, that although it ihall happen that all
„hoftiIity between Us, and the States Generalland Our refpetaive Subjeds ihall ccafe, yet this Our
„Commiffion ihall remain, and be in full force and power, tothefaid SirEdmond Turmr and Georae
Carew, their Executors, Adminiiirators,and Affigns,as aforefaid, by vertue thereof to apprehend take
„ and feize by force and jArms, fo many more oi the faid Ships and Goods of the States General or
„ any of their faid Subjeds, as befides the faid fum before mentioned ihall countervail fatisfie, and pay all
•„fuch Cofts and Charges as the faid Sit Edward Tumor and George Carew, their Executors, AdminlLa-
„ tors, or Affigns as aforefaid, ihall from time to time make proof to have disburffid and paid towards
„ the equipping, manning, paying, furniihing,and viduallingofthefaid Ships fo Hcenfedand Authorifcd
„ as aforefaid, by this Our faid Commiffion to be equipped, manned, furniihed, and vidualled by the
„ faid Sir Edward lurnor and George Carew, their Executors, Adminiftrators, and Affigns, as afordaid
„ for the purpofe aforefaid. And Our WtU an5 pieafttte 10, a»o iPe oo Ijml)? require ^ar 3fttDffe 01
3latigc0 of i)ttr '^tgl) Court of aiDmiralt?, foj the time being, anb all other Cifficero of the ^bmiraltv
anb all other ©ucjuoge, oi3!ubges, £)fftcer0, ^niftero, anb a)«b|ftt0 tohatfoeber to heaibtng ank
alftatug to the faib Sir Edward Tumor, anb George Carew, tljfir Crecutojs, ^ibminiliratojs f ;g[mcrttg
as afojefaib, in all points in the Due Crccution of this £Dur lSo?al Commiffion, anb to pjoreeb toabfit'
ticatioa,anb abjubgc all ^bipsi, ^crchanbiyes, sponies, and i^^ mds bp pertue hereof to be taken accord
bing to our fjincel? intention, hercb? Bgnifieb anb efpjeffeb, anb to take care that this £)nr ISopal Co?
miffionbeDuclpciCfxuteb, anbfabourablpinterpjeteDanb conffruebin allrefpects, to the benefit ann
befiaDbontageof thefaibSir Edward Tumor unn George Carew, thcir CtecHtojs, aibmintffratois anb
aiffigncs, asafojefaiD. In witnefs luhercof, Me habe caufebthefe ^Dur Letters to be mabeBatents.
®2litnefs C'ut felf at Wefiminfter the 19, ba? of May, in the 17. ^ear of £)ur ISeign.
Per ipfum Regem, Barker,
Fraud and Oppreffion Detefted and Arraigned.
Twelve Confiderations upon the Letters Patents aforefaid.
\.He faid Letters^ Taietis^fo SelemKljpaJJed it7to JVr Edmond Turner, and
George Carevf, for fpecial Reprifals againji the States General, and
their Suhje&s under thofe limitations and provijoes, is fuch a judicial jiid
made purjuant to fever al Statutes of this Realm, grounded upon the Lavei
of God and Nations, that cannot be fujpended, revoked, or dijcharged, bj
any Jingle JB of the King without a Parliament.
2. In the IV. year of King H. the V. Cap. VIL It was enaBed, and in
the faid Statute recited, that at the greivous complaints of the Commons of Enghnd, who had
ftfered many wrongs and injuries its the lofs of their Ships, and Goods upon the main Sea
againjl Leagues, fafe ConduBs, and Truces, which we're broken by the SubjeBs of other Na-
tions. 1 he faid Parliament then holden being willing to provide remedy, and relief for the
SubjeBs in fuch cafes without any long deldies. It wds therefore enaBed, that any perjons
greivedby fpoils and injuries done unto them beyond the Seas, upon complaint to the Keepef
of the Privy-Seal (on full evidencefjownJ he Jhall Sign Letters of requeji to demand rejlitution
and reparation to the Karties greived, which if not made in convenient time, then the Lord
Chancellour of England fdallgrant Letters of RepHfal in due Form of Law, for Indemp-
nity of the perjbns intereSled and injured.
5. In the 14. year of Ed. the IV. Cap. IV. It was enaBed, that whereat divrerfe great
ofences were often committed againtl Leagues, Truces, and Amities between the King, and
other Princes, or States, againSi fafe conduBs and licences, and againli the Laws and
Statutes ^England, fin that cafe made and provided J to the great Jlander of our Sovereign.
Lord the King, and damages of the good SubjeBs, the Commons of England. It was therefore
ordained, ejiablifjed, enaBed, and confirmed, by the confent of the Lords Spiritual, and
Temporal, and Commons affembled in Parliament, that all Statutes, and Ordinances^
agoinll the Offenders and Breakers of Leagues, Truces, fafe ConduBs and Amities Jhall he in
full force and efeB, excepting that claujein the AB (which made it High Treafonj in the IL
year of}!, the V.
4. Ordinary Letiers of Marque or Reprifals are revoke able, being granted to any matt
that feeksfor them pro tempore, or during the Rings pleafure to weaken the enemies in time of
War,But in Courten 's cafe it's otherwife,the Grant beingmtde fpecially for reparation of lojfes
and fpoils donsin times of peace, grounded upon the Laws of nature, and the Laws and Sta~
tutes of England. The matters of FaB being confejfed, the Debt and damages thereupon fiated,
fo the Grant pajfed under the great Seal of England to remain efeBual in Law, until the fame
fiouldbe reprized or fatisfied, by Compojition with the parties interejjed.
5. Afis of Parliament would be rendred of no force in thefe cafes, but in Jioad of a remedy
would prove a greivance, if fuch a Grant as thisfi)ould be voydable at the Kings pleafure, after
theperfons interelied had been at vaji expences, in order to the recovery of their lofifes without
any efieBs or returns for their JatisfaBion.
6. When there was a fetled Feace between the King of great Britain, and the States General
of the United Provinces, in the year 1643. and a Truce between the King (^/Portugal, and
the faid St:\tcs for ten years, the J^/ir/^Bona Efperanza, and her lading was furprized, Sayling
from one Portugal City to an other in Eaft-Indies, by the Officers and Commanders be-
longing to the Eaft-India Company of the Netherlands, the Ship and Goods carried away to
Batavia, without any colour of Right', and there converted to the ufe of the Dutch to the great
prejudice and damages of the Kings SubjeBs. The Marriners moB barboroufiy ufed, the Kings
Colours contemptuoujly dragged through the Streets,being carried in all CourtensJfe/pj by Jpecial
Licence from the King, fee LaBors Books of account, aud injiruBions torn in pieces j and the
FaBories wholly dijappointed, : All thefe things remaining upon proofs were Circumjiances be-
yond drfpute, fit for Letters of Reprifal to continue efeBual in the Law,until reparation, if
there were no (^Parliament to warrant it.
7. The Holhndexs being obliged to takg notice of the Laws and Statutes of Enghnd, as well
as the Laws of Nations, were often admonijlsed by Letters from the Kin^ ofGxezt Brittain,
to makp timely JatisfaBion jor the fiid depredation and Jjoils, in regard there was a particular
exception
J i8 Fraud and Oppreflion Deleted and Arraigned.
exception and agreement in the Art. of the Treaty An. 1662. that Reparations fionld be
madeofthedammages concerning BonaEfperanza and \dtv\ry Bona adventure, which
afterwards were reduced to a certainty., and prefed on by Votes of the Conitnons in Parlia-
ment, who promifed ajjifance with their lives and fortunes to that purpofe : Then followed
fever at Orders of the Louncil-Board., and divers memorials of Sir George Downing there-
upon to the States General, andlikgwife fever al intimations of the Proprietors to the direSors
of the Eaft-India Company at Amfterdam, (ignifying how Letters ofReprizall would ifeue
forth as aforefaid., protesting againSi them for all damages that fljould happen by reafon of their
objiinacy. It cannot therefore be thought reafonable or juji, that after the King had in pur-
fnunce of all thofe admonitions and advices, granted a remedy for relief of his Subjects under
the great Seal of England, that the Hollanders Jhould by any TrojeB at Breda take away
the force of I etters Pattens, grounded upon Acts of ^aLxdx^xntWX. without Jatisfaltion of the
Debt and Tammages.
8. As there is no averment againji a Record, fo there can be no vacating of the Record in
this Cafe without an AM of Parliament, but by a fciri faceas upon fatisfaHion recovered, as
was in the Cafe of the King <?/Spain againji Pauley, and other Merchants of London in the
year 1650- that hadJpecial Letters Patens, for Reprifals in fatisfaHion of their Lojjes and
Damages incurred in times of peace, which were difcharged upon payment of what was found
to remain unjatisfed.
9. There was never any Prejideni in former Ages before the meeting at Breda 1667. "Chat
any inJiruHions were given on eitherfde,in a publiclg treaty between Princes or States concern-
ing their owAnterejis of State andGovernment,for the mortifcation, abolfeing^or difeharging
in general, words any private, and particular mens Tnterejis and 'i roperties, which are Dutch
Pro] ells-, fo repugnant to reafon and confcience, fnce it's declared in Idly Writ, that he which
takes any thing wrongfully fe-om another man JImU return it four-fold.
10. It's granted that a Soveraign Prince may by his Prerogative, pardon and acquit all
puhliclginjuries as to the capital offence, and criminal part committed againjlLeagues,Truces,
common amities,and jafe conduBs, whereby there was a liberty left in theSoveraign to declare
a War for the fame or not. but after the party grieved hath reduced his particular Dammages
into a certainty, and procured an AB for recovexy according to the T aws of Nations, and the
Statutes, and Alunicipal Laws England, which is confijiant with the JiriBeJi Leagues and
Amities, the remedy JImU not be removed for recovery of the debt and damages, any more
then a Statute or Judgment upon a particular aBion in any of his Majefeies Courts of Record
at Weftminfter.
11- It was the Wifdom and Providence of our forefathers in tlk Britilh ^Jland, to pro-
vide fuch means and remedies for the improvement and incouragement of Navigation, and
Commerce by fummary ways of proceedings-, that the Neighbour Nations dar'd not to attempt
the like injuries and fpoils upon the SubjeBs of England, as they formerly had done. ZJntil
of late the Hollanders and Zealanders had creBed their Eafl: and Welt India Companies in
the time of King James when they moU barbaroujly treated the Englifh at kmhoynz,and ether
parts of the Esii Indies, -where they alfo dejiroyed the trade of dVV William Courten, and his
Partners, that had by the late Kings Command, and fpecial Licenfe laid fuch a foundation
for trading Voyages to China and Japan, that would have proved more Honourable and Pro-
fltable to the JLing and Kingdom, then any other Trafflque whatfoever.
12- The 7 ord Coke in the 4th. Book^of his Jnfiitutes of the Laws of Knghnd, treating
of Ambajfadottrs Leagues, Truces, and fafe conduBs, fays, that H. the yth. that wife and
Pollitick, Kingwotild not during his Raign fuffer L eiger Embaffadours to remain within his
Realms, nor fend any to reftde in other Kingdoms or States, but upon extraordinary occafeons
fend or receive extraordinary Fmhaffadours to treat and difpatch thofe Affairs', and the
reajons of State were obvious in thofe days: for that I eiger Embaffadors were accounted no
other then puhlick^ Spies, and did not only undermine the Kings Minivers of State in their
Councils by juggling tricfs, hut would often procure fetters of fafe conduBs (now call'dpasportsj
Tor forraign Ships and VcjJ'els, to the great prejudice of the Englilh Merchants in their Na-
vigation and Commerce, and to the Damage o f the whole Kingdom, to their particular profit,
giving occafion to the Argerines to quarrel with Englilh men for letting other Nations track
under their colours and conduBs.
Fraud and Oppreffion Deteded and Arraigned. 119
A Copie of the Dutch Amhafadors Memoriaf tranflated out of the
Original in French, anddeli'vered to the Kmg of Great Brittain
rhf 2 2. 0/September 1^77.
THe under written Ambaffadour ExtnoviimY (torn de Lords the States Cemrai
of the United Prevmces, findeth himfelfobliged to (hew unto your Majefiy, that
although by the 'jtk. Article ol the treaty of Peace concluded at in the
year 16^7. and confirmed by that oi Wefmittfier 1674. all A6tions and Pre-
tenccs which your Majefly and the faid Lords the States, and their Sub Jed's might
make and profccute the oae againft the other, for any matter or thing happened or done before
the conclufion of the faid Peace at Breda, ftiould be and remain cancelled, annulled, and abolilhed j
and in which abolition and extinquifhment fo formal and general, arc efpecially, and in terms
cxprelly comprehended all Adions and Pretences which by precedent Treaties, and namely by
the 1 -yth. Article of the Treaty in the year 1662, were rtferved, thereby depriving particularly
the IntertflTcd in the two Ships, Henry Bona-adventura, and Bona EJ'eranza^ of the Faculty or
Right which was referved to them by the faid 15tB. Article to profecutt their Suit. ; And ia
that confideration the faid Lords the States have with much Juihce oppoftd the addrcifes which
the faid InterelTed Perfons made the latt year to the Magiftrates of Atnjierdam, to revive their faid
Pretences i as an open attempt againft the faid Treaty of Peace, and that the Jufticc of their
proceedings therein have been acknowledged in fuch manner, that the Lords thf States have no
caufe to doubt the fincere Intentions of your Majejiyy of letting the faid Lords the States and
their Subjeds injoy the cffeds of the faid Treaties.
Neverthelefs the malice and violence of unquiet Spirits of the faid InterelTed Perfons have
palfed an excefs To Extravigant and Impudent, to fend in the beginning of this week three
men unto the faid under written Ambaffadour, faying they came from the Kings Council, who,
pretended as appeareth by the Sequel to cite him, or by him the Lords the States, or thejr
Subjeds, their adverfc Parties to appear before the faid Council,on the loth, of CUoher next
offering unto him two Orders of the faid Council of the lefh, of July jaft, which having been
"read by the faid Ambaffadour without obferving any other thing then that they concerned the
faid Pretences, he faid unto them he could no ways meddle with that affair, which was fo plainly
abolilhed by Treaties i and at the fame time returned the faid Orders, but as one of them an-
fwered in fome Englifh words, whereby the laid Ambaffadour apprehended nothing, but only
that they pretended to leave him Copies thereofj which he refufed to accept i and went out of
^he Chamber: But the faid Perfons pCrfifting to make him receive them, he caft them on the
Ground in the Antichamber, the one faying to the other we muff leave them here, wherefore
the faid Ambaffadour after they had refufed to receive them back, refentingluch Impertinence,
to prevent the letigioufnefs which he thought lay hid under fuch wrangling proceeding, tore
them in pieces, and went prefcntly to Mr. Secretary tViHiamfon to acquaint him thereof, and!
being fully Informed by difcouife with him, that thefaid Perfons had a<9^ed as aforefaid of theic
own account, without any thcleaft knowledge of the or his Council, and that his Majefly
would without doubt be fenlible of that Infolcnce.
The faid Ambaffadour deferred the making of his complaint unto your Majefity, defigning
firft to difcover the names and quality of thofe Perfons that had done the affront.
When the faid Perfons following their Impudence and Malice to the height, fent unto him
the Printed paper here annexed under a Cover by a publick Porter, which at the fame time
were diftributed to fcveral Perfons, and finally pofted in feveral places on the Exchange, and
with it the Memorandum of a Notary and t\yo Witneffes difguifing and hiding the truth, and
publilbing lyes, they pretend to poffefs the minds of the people as an A6t of difdain againft the
the King and his Council, whereof he would not be furpriied by Perfons j who fo criminally
abufed the name,of his Ma]e\ly, and the Orders of his to authorife their attempts againft
the Treaties, againft the Priviledgc of an Ambaffadour, and againft all Form of proceeding j
to make the 5'tater odious publickly of great Injnftice, in a caufe wherein it is moft evident that
their H. H. P. P. have aded but according to thefaid Treaties, alledging very unfitly the
opinions of Lawyers, which in effctS make not for themi with the fame malitious defign making
now of an ill grounded pretence of 5500 /. in the year id47. a debt of 250 thoufand like
pounds.
And whereas by a proceeding of fo high a nature, the moft Injurious violation of the refpeds
to the moft Sacred Laws of Nations is moft manifeft : Your Majefly is moft humbly prayed to
caufe the guilty to be punnifhcd, and to give unto my faid Lords theStates and unto the under-
written Ambaffadour reparation proportionable to the Grandeur and nature of fo ontragious
and publick offence.
And moreover to oblige the Intereffed in the faid Ships not to attempt any thing againft the
fa'd Treaties, by revivingof Pretences which arc fo plainly and exprefly inortilied and annulled,
this 22th, oiScpemherlSi.'i. 16'j'j' Wejminfier,
S Signed Van Beuningen.
120
Fraud and Oppreffion Detected and Arraigned.
An Anfwer to the Dutch Antbaj^tdor s Memorial^ made by the Creditors
of Sir Wiiliam Courten, William Courten his Son^ and Sir
Paul Pyndar, deceafed.
Tl^e 0mbafrat)OJ from t1)e States General of tljr United Provinces, in tljc
amWrof l)is CprmoiiaUa^O, He finds himfdf obliged to inform jHrx Majefy^
that all Ad'ions and Pretences for any matter or thing happened or done before
fheconcluliqn oftht Peace at Breda, (hould be and remain cancelled, annulled
andaboHlhedi and in which general abolition lb formally made, are cfpociallf
comprehended all Aftions and Pretences rtferved in the i 5 Article of the Treaty Jnm ibb2..
thereby depriving them of any right or faculty to prcfecute their Suit: Whereupon the Lordt
the States juflly oppofed the Interfiled concerning the Bona Efpcratiza and Henry Bona Advent
tKM,from reviving their Pretences, as an open attempt againit the faid Treaty. The EfTerSls
whereof the States hope t o enjoy from His Majefiy.
"Cfje States ofHolland link upou the SCteat? at Breda, lihettjeBntluutco ot jvdtinian, att®
iMoulo pcrtioaoe tl;e Wotio tljf^ are tfee competent Jucgcs ami Suterpjctero of inhtit
Sittt'ono <mo SChingo foeue inteneeo to be rompjchrixoeo in tbofe gcneraiPJojDFj (ncbcr fatt ui
a«p ffiircatp bcfo^ > 3 ano tooitlo Ijabe ebetp Englilhman beltebe^ tpat anp particufar Ht'ght -0|
^jopcrtp, rebttceo to a certaitttp imber Cobenants oj efpertaldDjnnts befoje that ttmej muff be
comp?ifeo fn tljt faio Creatp, pjljetbcc it be paitljin the Kings potuer to caucell oj not ^ nap
ebenfpctcljantoSccomptejSDeLtgj 3Legactc?_, auo llEillo of ffitcljange, baljcretipoii aitp acfion
toajsbjought fo; anp matcttoj thing bone ojljappcneo beioje tbatpeace^ niHtt alio be com*-
pjeljenseo unoer the ILatituoe of Breda, and fay the inojbslaiere Co gcncrailp penned to depjibe
Englilhmcn of their tight and facultp to fue at Earn, Uiljerefoie the States jufflp cppofeo them
at Amllerdam Uff pcat, in the oitdinavpconrfc of Suffice fo; 30001, upon SPcnd^ and 5500I,.
Bueupoit Mr. Jacob Pcrgens Cobcnant, no bjapo rdating to offenccF, inftirtcs, Damages 01,
Mes mentioned in tlje 5th article of theSCrcntpat Breda ^ l^cbcrthclifs thofc States arcfe
bold tohopeps^afeffpbsiU juftibe them in their J^rattds, as intll as m tljcir tiatoltsire, bf
tniopi'ng the dSffetts of thata^reatp. ,
3;t IS bcrp remarttablc, that (iabvng to MonlieurVan Beuninghen tljePvighrs, EiurS
ties and p?ibiledgesbelonging to tlje SDignitp of his Pcrfon and Character, as theStates am.-s
baffadoj) it boas notfojtoant of ignorance, that his Cjrcellcncp mentions fo fo;mallpttt his
Spemojial, a Citation to appear before the Lords of the Council on the 10th. ofOdfober iaft,
and that three Perfons pretending they came from the Kings Council to cite him, or by him
the Lords the States, or their Subjeds their advcrle parties, by offering his Excellency two
•Orders of the Council of the 24-th. of July lafl j QSlhCtl Monfitur Van Beuninghen might Ijabe
conlidered, being bjed an Hdbocate, and one of the STtrcc^ojs in tlje Chamber of the Eall-India
Companp at Amllerdam, tljatthc 'CctimiLboaid holds no^Meas of Judicial proceedings, from
tnljeucc Citations and other J^roccfs do iEue, therefore offering the faio ^Prders modcftlp
-as thep did, could onlp inform him of tlje contents, -no toaps cfcrating tipon htm as anp
Citation.
3!t it toe re no offence in the Eords of the CctinciLboard, to mahe fljcfe tlno publirfe iDrdets
of Council, tending to the relief of the perfons intercffed therein, certainlp it cciild be ito
offence for anp of tlje JSctitionrrs, Creditors or JSroprtctors, to gibe tljcir adbcrfe patties Co^
pics of the faid Orders, or eben Monfieur Van Beuninghen ijimfelf, the Dutch iSmbaffaDorjtuho
rcfides here toreceibe and gibe Jnteiltgcnceto hfo ^Paffers in all things that concenis tfj^
States or their %>ttbtftts.
Jlioc omitting tlje circellent ftplc of Monfieur Van -Beuninghcns ^Cltiorial, in tjlS epprefuuTiei
tofuclj pecfotts of honour and ©ualitp as are parttcularfp mentioned in both tlje Croers of
Council, beftdes manp Inmdred others concerned therctn: STje ^nibaffador faps, The malice
and violence of unquiet Spirits of the faid InterefTed perfons, have palTed anexcefs fo cxtrava-
gant and impudent, to fend three Perfons with the faid Orders to him, Which liis.Excellency
having read, without obfetving ( as he fays ) any other thing then that they concerned the faid
Pretences, he told the faid Perfons that he could not meddle with that Affair, which was (o
abolilhrd by Treaties, and at the fame time returned the faid Orders.
iisio tjis Uple, ipe h.M. butts cijiuk it ifceeos not tije nouuDg ot inuoecdtiou tutoai^
E.uglifhmcn, pet Ijts Crcellencp bias mucbput to it to 0nc inords badenottglj in tlje French
HDialcct to cpprefs Ijis Dutch fenfe and meaning, altljouglj tljc ^^atiortal bias addjelTed to tlje
Eing of Great Britain Ijtmrelf. Jt focms Ijc bias furpji^cd at fometljing bJbidj Ije did not at
firft obierbc, meaning tlje pataconcs. 0no if tbc pjetences biere aboliflicd bp SDreaties oj not
ijtsrcceibing.Coptcs of tlje£Djdcrs from tljc perfons Jntcreffed, cruld not oblige Ijim to anp
Mccogiutton of tlic matter bepond Ijis obitt plcafure oj inteUtgcnrc, as tljc faid perfons tola
Ijis Cpcelfcncp, baljiclj tljcp Ijabe dcpofetj upon tljc l^olp Cbangdiffs, and are ff ill readp to da
Tfie fame again fo J fatisfaction of anp man..
Fraud and Oppreffiot! Detedled and Arraigned. t
Cont !)tS excellency fap0. That he apprehended the Perfons intended to leave hitn Copies of
the Paid Orders, which he refufed to accept, thereby to prevent wrangling, that he thought lay
hid under thofe proceedings i wherefore he fore them in pieces^ and prefently reported the fame
to Mr. Secretary IfiUamfon^ who anfwcred, That the Peifons liad afted of their own accord,
without any knowledge of theK»«^ and Council, and that HU Mayfly would be lenfible of that
Info knee.
Sctssttuc, thelaccFmaoe ex parte at the Cotinctl#bjrro,'l)iit tl;miSas llUla fuciS
tljrc Day appotnteo ta Ibeto caufe, to cljc gceat grievance of the JuterefleD, mbo IjaO often attend
DcD totbeic Cxpcnceof clMentyyannDc a Dap, Vuitl) fine oj fijc CoitncenearneD in tljelLalnsof
England, anD tt)c ■ of Nations, to semonfttate tfie ttt: rtto of tljeirCattfeSjanD lije tiijulltce
ana opyjelftimg of tbeic SlDncrfiintO ; pet nothing conlDfic clfecteD, otherfiiifc then to he in#
fonneo fniicn the Contpfiuuautg might come again: l£lhrrcfoje tlje Copieg inten'ocD lo he left
fijith the iSrabaffaDoj ox his secrecarpj incce inxitteu in fine ^ott#^apec, fit to fenDttnoer a
coBit to the Partieg conceriieo in Holland anD Zealand, fox cppcDition in thetc Defence. ©Jllpic^
might hanehecn pxttDentlp taken ag a ktnnnefg, anD lata aftoe ag |3etiiiong ate often Done at
fiionnciEhoarD, rathcc tficn contemptuoufip to tate them in pieceg, mitlj menacing fieoxOg to all
the pai'tieg SntetflieD, notmithftanoing tljofe tfjx^petlong DenteaneD tljemfelheg inith all te#
fped: io hig ©xcellencieg ]3ecion auD Charactec, anD mere gnalifieD in tljetr otun right moDcftly^
to Difcoticre rhafe Claims mcntioucn in the fain tlDxDerg, tuitlj the grcatcft Burgermafter,States,
ox Bewinthcbbers of the Eaft-lndia Company in tlje United Netherlands, toithOUt fioxangling,
OX inti'tmching anp thing upon the CottnciE'Cahle, ox the politick capacity of Monfieur Vaa
Bcuninghen, hautng notcommitteD the leafi Snfcleiup in tljeic carriage ox hehaPioitr, (agi?
l"ttgge;t»D tu the fata ipemoxial) to aeferhe any refentmeut from tljc King, ox the Lords of the
Cutmcil if both pirttes might haBe httn heatP.
idato tib'.t p .re of vioalieurVan Beuninghens ipemoxial, Boijereinhe complaittg of the high
affront from the Perfons fending the two Orders printed with the Petition Sind Memorandum
co him by a Common Porter, 'and affixing the like at the ExchaKge-, difguifing the Truth, and
publiffiing Lyes, to make the States odious, criminally abufing His Mayflies Name and the Or-
dcrs of Council, to authorize their attempts againil Treaties, and malicioully to alTert Lawyers
Opinions, to increafe a Debt from 5500 /. in the year 1647. ^ 50000 /.
S^hc pcrfoug that anoxeffen tljemfelBeg to the laiD Ambalfador, ijaBe poOciBely Dentea upw
jDath, ana ate reaoy to affirm the fame, that they Dio not ufe the Kings name, ox the Counedg,
any further theta that they Ijao tlBo ©xticts of the Council, IMljereof ttjey came to aSBerti^e htm,
CanDit haDban i npertinene to haBe Done orherfiatie.j ^g to the JLetter, ox affixing the ^X^
cers ana vemiorandum at the Exchange, tljEy baUe alfo purges themfeifiegj only they maoea
repsxtof the AmbaiTadors Depoxtment to the Creaitoxs in general, toho refentea the fame fci
unlunDlyfoxallthtirpatience ana fricnDlp intitrtationg, that DxeU) the coiifequcnce publicMy
of <r Meniorandum npou hi'B, by fome of the chiefefifc CreDitoxgj being of opinion,- that no
Soveraign Prince, ox ebcn the States General thcmfelBeg, if they hab bait pxelent in England,'
IB liia ijaBc DenieD thofe JnterclTiO pcrious, upon the like aDDxcfs, to Difcourfe tlje matters of
coitffrutiiig thEic oUm Jnterett, tuithout a JSxocte, ox crimmally bffenaing agatnll rije
Btgnttpo! their F'etfons ox ilXualitiCgi tohtchis frequently Done in France to the French King
ijliiitelf, anD eBen in Holland to the High and Mighty Lords the States General themfelBeg,
ijioBias to the truth of the Memorandum, tljcrc neeogno other CBi'oence then that of the Am-
baffadors cBiii (hcBiiug thxoughout hio Uuole ^cmoxial •, ana tjolB hig excellency, ox the States
his flDaftcrs, CiiU be pxeittDiceD in thig affair, being fo toell knolBit anD etfacmeD at Court, ana
amnogff the a^crchautg at the Exchange, fox tljeir 3ttlftce ana l^oriour, (fo lately binaicatea}
no nan can imagine, to the JDebt of 5500 1. it igaufBicrea in the fecona JBaragraplj i the
2sooo o k ana uuBnrDs thali iufflv appear pn--after in BioxDs at Icugtb.
CliCcUeHtp Ccntiul'iug in ijts tBtmoXtai, That a proceeding ot lo high a nature being a
violation of the moil Sacred Laws of Nations, prayed His Muyfly that reparation might be made
toi'acLirds the and hirrtfelfl proportionable to the grandure of the offence i and prirt-
cipilly to obligethe Intereffed in the laid Ships, not to attempt any thing againit the faid Trca.,
tics, by reviving their Pretences fo plainly and exprefly mortified and annulled.
iugi ctje amu.uldouxsiptmoxied teag to itutc uiiti) patltuuatt mifftiAas, mu. mucs,'aiia'
Irjao noritaDoes, yet he pxeBuleaiBicho Principal Secretary rfijicbotittheleatt^ummonsd to
grant a caacraut againS Mr. Carew, mruticntug thtreiu chache IjaO cauicu a leauaalaitg/lSayec
to be pxinceD, UilDcr the title of Fraud and Opprelfion detefted and arraigned, containing tlje
faiD cBja Cx ■era of Council, ansa Peiitiou Suheu Monlieur Van Beuninghenfolicitea tpeSecre-
tary fo far, until the fiia Carews ILoDgingg fioere bxokeu open in his abfence,anD his ^cuoy raiii*
tickeD, aftevBoarog Mr. Carew impjiioncD, auD foxcea fox hig liberty to Ggn a falfeana imperii
tiaent\dapeu at the ambaffaDoxs inftancc, contrary to the iStghtg. Libercieg, ana ]0x5^yex<«
ties of the-iDu'oieftg, tu.Hch appe>ac3 moxe at large in <a jl^etitton exhtbiteD to the Commons of
England in Parliamenr, Inhere the oftVnceg aiiD iuiurttg are p/nperly ta be examiuea, m j rep-ei»
I'cii'tca to the King, Boijo cannot oblige tljcantfrefi'cD to Dcfirc from pxofecutiog their lalu ul
aeiuaua.e, until the Parliament Ih-all IjaBs mnse tljcic Commcutaxieg upon tlje 3d. 5th. ana Sih.
^tiules
122 Fraud and Oppreffion Deteded and Arraigned.
gltticlcs of t^e SCrcatp at Breda, fignifping tl)at unaer tlje nottouo of offrncejs, tnfurirs, Damages,
a«D loffBS, in t^ofe general TaojDg fftall be comp^e^enOeo particular wens 2Debte, Cobcnants,
Obligations, 215ills of dBrcIjange, Contracts, &c. before rl)at Creatp at Breda, ano cbrn fpecial
(E>3.ant!3reDttcebfromtl)e general to paiticukrs, grottnaeo upon tljellatoaanDfuRDamentals of
iiature anb Nations. ^ '
dyertif?ments,
THat Sir W^tHiam Comten and Sir Taul Fittdar lent and disburfed feveral great fums of
money to King jfdwifj-, and the late King CW/e/, amounting to Three hundred thou-
fand Pounds Sterling, and upwards, at ufual Intereft, towards the ordinary charge
and fupportof the Crflw«, in (applying JmbajJ'aders abroad. Expeditions into Ireland^ fupplies
to the C^een of and the Palfgrave, payment ofPenfions and Salaries to Officers and
Servants of the Crown., and other ncceflafy expences in His Mj']eflies Houlhold before the late
War in England, for which they had feveral Allignments upon divers Branches of the Revenue i
yet notwithflanding the greatefl part of the Principal Moneys are unfatisfied, as by the Con-
fiats of Tallies, Accomptsand Records remaining in the Chancery and Exchequer app.ars.
That the faid Sir WtUiam Comten and Sir Paul Pindar disbiirfcd and expended as much more
money in the improvement of Navigation and Trade, by difcovering, planting and fottifying
the Ifland of Barbadoes, and feveral other Iflands and Plantations in ^fia, Africa, and America,
whereby they exhaufted their whole Eftates and Credits, for the benefit and advantage of the
King and Kingdom i yet the Perfons intcreffed in the remaining Effetfts of Sir Wiliiam Comtens
Eftate, and his Sons, as alfoof Sir Paul Pindars, have not found that protetftion from the Crown
of England towards the recovery thereof, as in Honour and jufti'ce they ought to have done.
SCbecauCcs! of Complaint again® tljc States of Holland aiiD Zealand, anD tlieSnhabitants
thereof, compjehenoeb in tlje ttoo J©jDerg of tlje CounclEboarb 24th. of July 1-577. are
asfollolo0, fvizO
FOr the fum of one hundred twenty two thoufand one hundred twenty and
eight pounds, nineteen Jhillings and fix pence, due to the Eftates of Sir
yi'A\i^mC.o\xxt.tnand]oh.n'M.onCYit'efiingin the hands of the Sons and HeirsV •_ j
ef Peter Boudaen of Middleburgh in Zeland, for Goods and Merchandi7i.es f ^^2.12 - 19 -
exported, and Moneys remitted by Bills of Exchange in the Linen Trade, as by
the ballance ef the Books of.Accompt appears, befides Interefi and damages. .
for twelve thoufandfive hundred Gilders, remaining in the Bankjtt Middle- ?
burgh o/David Goubards,^e/««g^e»^ to his Creditors in England. —^ \ 001200 -00-0
For three thoufand pounds in the hands of Jacob Pergcns,/or money lent by D
Sir William Courten to Sir Jacob Catts, late Penfionary o/HolIand, upon his \ 003 000 -00-0
Bond,due tothe .Adminiftrators of Sir William Courten. —— )
F or feven thoufandfive hundred pounds Sterling, Principal and Inter efi, refi-y
ing in the hands of the Sons and Heirs of Peter Boudaen, due to James Boeves ooyyoo -00-0
e/London Merchant, for the Portion given to his Wife by John Money. ——\
For five thoufand five hundred pounds, refiing in the hands of Jacob Pergens ^
ef Amfterdam, that was ajfigned upon the two Ships Bona Efperanza and:
Henry Bona Adventura, to Sir Paul Pindar, and Interefl thereof Jiwet/i-er
year 1649. as by his Deed of Covenant appears. j
For one hundred fifty one thoufand fix hundred and twelve pounds Sterling,
due to the feveral Proprietors and Interejfed Perfons in England,/or the De-
predations and Spoils of the two Ships Bona Efperanza and Henry Bona Ad
Ventura, iu TradingVoyages in the Eaft- Indies, remaining in the hands of the
Eaft-India Company of the Netherlands, befides Interefl and damages for the
fame fince the year \ SG^. Deducing 8000 1. paid to Jacob Pergens, David
Goubart, and John Robinfon, in the yedr 1 649. as by the Letters Patents un-
der the Great Seal 0/ England appears.
For all which Moneys,'Grievances and Oppreflions, the crys of many Orphans and Widows
have pierced the Heavens, and both Nations have mourned fot their fufferings , and
the Iniquities of the Times.
WC the aviterelfeD fboljo tojit the Memorandum, anb fBtll tutfific that it bjas neither falfe-
HDj fcauDalous) founb our felbes obligeo to anftocr the AmbafTadors Memorial, 0m
the rather foj biubicartan of that uufojtMuatc Ccntlcman Mt. George Carew. . Efhf Kfogs
learneo Councel iu the ILaln habing opencD themsttct as injutiouapauDfcauDHouflyagam®
bim at the BmgS^'liEench Bar, as Monlleur Van Bcunlnghen's vigcnurjial U'as/i?on<?renfe,aa3
the Commitment illegal; CnceirtolTof the Councel kithcut the Bar, ano ebeu the luiigss
themfdbesfrere ofopittiou, that the Criminal (fourEbcral Dspsfficbou iu Court) has fojgcm
fome bJjiting in the uatHce of a Citation, kitijotit anp Direction from the CounciEboarD, ana
cattfeD the AmbafTador to be citcD thereluitlj > fo it boas repajteo auD boetit currant tu all
the Co®®s=hbUff<3 about London. Veriias non querit angulgs. .
The Interefied.
■ 00- o
Fraud and Oppreflion deteftcd and arraigned. 123
A true State of the Cafe concerning Sir EDMOND
TURNOR Kt, and GEORGE CAREW Efq;
DEPENDING
Upon an efpecial Appeal, to the Judges Delegates,'
with adjunfts from a Sentence pronounced againft
them, and others in the Admiralty Court, at the
Inftance of facob Andreas Vanden "Bogderd^
Michael Vander Blanck^en^mA others^ Subjefts of
the of Spain,
King of Great Britain i m t^e peat 16^5. Ijatiittg gtanteo fpecfal 3Let«^
\ tersof iscpjifals, apinft t^c States General ana t^ett pVLhjzct^ (foj tlje
I reatonsi tlicrcin containeaj unaectlje peat ^eal of England, untotljefatii
P ^ic Edmond Tumor, auu George Care w, anO tl)e{t afCtgttg, to continue
p cfiCrtttaUp in fo?.cc,'Until tljcfutu of 151612 1. fterling, Cjoula be recoOetif
f ea, toitlj CoRo ana E)amagesi toljtcfin ^is Majehy, fipifiea Ijis Will ana
^ piealuretobcfuclE 2Cl)at all Buagco, ^fftceco, spintftets, ana ^ubfcct^
of England, fboula be Spaing ana MiCing-tbemn 5 ana to take care tl)a£
t'^efaia Tletter^ patent?, ana Commilfiono tl>eteupon, 0jouia be fabourablp interpjcteOi
ana confttuea tu all refpeet?, to tfjc benefit ana beft aabantage of ^ir Edmond Tumor, ana
George Carew, tbett (Etcctttoi?, aaminillcatoj? atta gfiignoj a? bp an aut^entick Copp
of tbe fata Hitters patent? bttettttto annepea appear?^
ait tlje impojtttnitp of tebctal ^etfono interefiea, in tfie faia JLetteto J^atent?, fop bJ'bottt
tfie rata Tumor ana Carew baete nominatea ana intruffea. 0nCl5peniplif cation of tbe fata
ginal grant; ina? aclibereo to one CaptainTyrence Birne, bp tfie fafo George Caeew.to puC
tbeCame tn Crectttion, accojaing to tfjefojce ana effect thereof, again® "tfie States General ahb
tfieir &ubjeas. Wbercupon tlje fato Carew, onlp. inaojten an appointment upon tbe back
Cae of tbe CrempUficattpn in tliefebjoja? I the within named Cl5eo?geCarebJ, do here-
by conftitute, aflip, and appoint Captain SCprence IBirne, Commander of the good Ship the
JSopali mentioning therein the burthen, number of Men, Guns, arid time of vidfualling, to
do, and Execute all and every fuch Ad, and thing as by him the faid Bime may be done, Exe-
cuted and performedi by virtue of the faid Letters Patents, In witnefs whereof, the faid Carcla
fet his Hand and Seal. %\)t fata Captain Birne, pjomifing to pjocurc ^ir Edmond Tumor to
Cgn tijcfainc, bahiclj the fata Bime neglectca to ao.
3n purfuance of the fata finglc appotntraent, Captain Birrie pjbcttreb Jonathan Froft, anO
other hisi parti^obiiier?, to fet fojth the faia ^hip to &ea; ana confeguentlp in 0j about the#oathi
ol Augiift i<556. near Portland Bay, fei?ea aiJlp^^boat, laaemojith ®tne, &alt, &c. iatelp
fiamea the Godlive of Brugis, coming from France, ana bouna fojAmfterdam; ana carries
the fata jFlp^boat into the liarbour of Chicheller, from mhence he fent to spr. Suckling
hi? pwcto? foj a Commiffiott to ecamtne the spatter ana tlje S>camen, mho confcffea themfelbe?
to be Hollanders bojn, the ^l)ip Dutch I'uiltj ana the groa? confignea to Dutch-men. SCheu
upon return of the fata Commiffion from the chief 5pagtftcate? of Chichefter-, theSiuDgeof
the ^amiraltp, pjonotincea that there toa? gcoa cattfeof fei?wre, ana conaemneo tlje pjetenaeb
dairnet? in the crpenccBs ISut inregara one Peter Gerrard claimea the ^l)tp anadScoa?, foj
the accompt of Jacob Neifz, an£) other?, IBurgersanO Inhabitant? of Brngis in Flanders ; an
£Djbctof Courc boas maac fthe <iI^o>a? being pertlhable.) that both Sihtp anO ©ooD? Ihoula be
rettojea, upon HBail toabioe theiascntencc, upon hearing the cettfei bahich the Clapmerrc-
fttfeatogibe,pjetenoiiig, thatbefajetheS>hipma? taken into the®re:^aamirall? cuttoOp, oj
MapterBOftUeCuSom^-l^oHfeput ttpntthev ; that much ^alt, Wline, ana^affcon, baa? im^:
bea^elleo. ISlhereupau thi p Scretteu Captain Birne, bp ^rit out of the 0amtraltp fo; 1000 L
uatnage?, ana coinmi.teD him to the Marfhallfey, mho gabe gtoa ana fufficicnt IlBailbptmci
Citizen? of London, CO animtr tpe faia Sttioii.
^ftermaro
134 Fraud and OpprelSon detefted and arraigned.
0ftecloar6^ t^e febip ano upon pjetcutirfi Certificafesi front Bmgis; ana ncto eramina^
tionPjtnere refto jea bp oeccee of t)}t Court,ana confirmea bp tbe JlojaoCommilfiDneris foj^BjiicOj
anhartuallp aeliberca acfojatnglp, Cbenspr, Francklin, |)jo(tfljfoj tbr p^etenacD Claitnens^
Crbibuea a iltbel apinft^irEdmondTumor, George Carew, Captain Birne, ana Jonathan
Frort, taitbotttanp ailronttnuancr^ o;pjofccutionof djeflrtlonfo? loool.agatnllBirne,^na
framra an impertinent Sentence againll ^tr Edmond Tumor ana George Carew (inbo
mere not ^rreftea, Cttea, oj^ummonea tobefena tljefaiaCaufe) Tyrence Birne, ana Jona-
than Froft, foj eighteen puna^ea pounao aainageo.tbjougf; imbea^ilntcntSjleafeage an& fpoiling
the »>bip ana Cojoo bp Iping, CaEbougb occafionca bp the Uiilfun Default of the pjetenaca
otonergj mljercfoje ^ic Edmond Tumor aita George Carew, appealea bp themfelbesi foja
liulUtp of the laia Sentence ao repugnant to Eatn, ana of a aangerouo tonfeguence to the ^ub#!
Jeetss of England, if fuclj pjatticeo ^oula 6c bjougbt into JSjcCacnt.
2;;;ijatone Peter vidorincaperfonbojn in Amfterdam appeareo foj the pjetenaeaCIatmer?
f after Peter Gcrrard run apjap to aboia papmentof the erpenceSj ana the chatgeo of the&ea^
men at Chichefter, inhich arc pet unfati&fiiea,) ana continucsi in ht? malitiouo ana bejeatiouss
pjofectttionei againft Tumor ana Carew, notteithttanaing thtre io not upon their otonfteba<s
tng, anp the leatt pjoof agatnll the fata Tumor ana Carew in all their Cpaminattomsi ("though
of no ISccoja ,to matte them chargeable oj guiltp of anp t»tbea5ilmenc, oj to much ao the Itnoba:^
leogc of anp of the fata tranfattiono mentionea in the faia Sentence, from tahtch thep ap#
peaiea to l^is spajellp in the l^tgh Court of Chancerp, mho appointea the fame to be hearD,ana
aetcrminea bp thel&tghtl^onourable theiLoja Chief Inflice Rainsford, guage wild, guage
Windam, Sfaton Littleton, §>ir Richard Loydc, &ir Timothy Baldwin, &ir Edward Lowe,
3E>r. Pinfold, 2Dr. Trumball, ^Dt. Digby, ana jEDc. Brlggs, o; a competent number of them, ag
hp the fata Commitfion unco them airettea, unaerthe great ^ealof England appears!.
Seyeral ^eafons and Arguments^ the faid Sen-
tence of iSool.ou^ht to be reyerfed^ made null
and yoid againB the [aid S'/V Edmond Tinmox ^^and
George Carew.
njU^ T is alledged in the fir ft Article of the pretended Libel againft Sir Edmond
I ■ Tnrnor^ and George Carew 5 and alio againft Jonathan Froji, and Tyrence
I Birne^ and it is fb pronounced in the Sentence (from which the (aid Sir
j| Edmond Turnor^ and George Carew^ by themfelves appealed^ efpecially for a
Commiflion direftedto (everal Judges of the Common Law, asAdjun3:s
with the ordinary Delegates, Civil Lawyers^ unto which Doftors, and
i&r /»e,appealedjthat they were Owners, Fraighters, or Infiirers of the Ship
whereof the (aid Tyrence Birne was Captain, and that they did Man, Equip,
Vidua], Furnilh, and fet the (aid Ship to Sea at their Cofts and Charges, which
is a gro(s miftake, Erronlous, falfe, and contrary to the truth of the matter, (b far
forth asconcerneth the(aidt5/r Edmond Tumor ^ George Carew-y Neither is
there any (uch thing proved, or any wayes depo(ed in the Admiralty Court in
the (aid Proce(s tranfinitted 5 wherefore (JLihellum non prohatum fecundum alk'
gatum) the Sentence is null and void, as erronious and unjuft.
2 And in the following Articles of the (aid pretended Libell, it's alledged that
Tumor and Carew ratified, allowed and confirmed the (eizureof the Ship Godliug
of Brugis^ and her Lading, and the di(po(al of the Goods taken out by Birne^ and
others. And the damnifying the reft of the Goods by lying 5 in regard, Froji and
proceeded to adjudication in the Admiralty, in the names of Sir Edmond
Tumor and George Carew : Although neither of them, the (aid Tumor and Carew
gave any (uch C3rder ^ or did at any time lay out any Money, or promife by way
^contribution towards the prolccution thereof^ for any Fees or Salaries to Ad-
vocates, Proifors, or Regifters, who were imployed in the (aid Proce(s before
Sentence 5 neither are any of the(e things made out in the proofs tran(mitted, pro
uty 3 Admitting
Fraud and Oppreffion deteded and arraigned. 125
5 Admitting that Sir Edmond Turner al(b figned the Deputation to Captain
Birnt^ whereby he might have feized any Ships, Goods, or Merchandizes be-
longing to the States General and their Subjeds 5 Yet if he had taken, or (eized
any Ships or Goods, belonging to rhe Subjeftsof any other Trince or State, he
had no Warrant or Authority Irom Tumor or Caresv Co to do, or to break bulk
before Adjudication, or to do any thing beyond the force and effeft of the Let-
ters Patents, fuch Adions are perfonal injuries; and by the Law of England^ no
man (hall fufferfor the offence of another , and Eirne himfelf was Arrefted for
it, and had taken upon him to defend it, and given in good Bail accordingly.
4. It is againll: the rules of all Juftice, that any man fhould be condemned before
he be heard 5 and how Sir EdrnondTurmr and George CarevpC}ao\x\d make their
defence upon any Adion, or Libell againft them, being not Arreffed or Legally
cited, or fummoned to lee fuch Libell admitted againd them. Wherefore, fuch
an Adion, Proceedings and Sentence upon it, is void and null to all intents and
purpofes of the Law,
5. It appears upon the pretended claimers own fhewing throughout their whole
Procefs tranfrnittcd, wherein fb much Paper is Ipoiled, that the greateff damages
were occafionedby delay of proceedings after the Capture 5 for which the laid
Claimers were condemned in expenjis retardati procerus , at the inftance of Birne
znd Froji, that only Profecuted in the names of Turner and Caretv. Anditalfb
appears in the proofs that the Imbeazelments were done by particular perfbns in
the Ports, Havens, and Rivers of Chichefier, and Tool, within the Bodies of the
Countaesof Sujfex, and TOorcet, and ought to betryed there according to the
Common Laws and Statutes of England, by matter of Record 5 and thole per-
fbns to be queftioned only Cby Adion of Trover, or by Information') that did the
wrong^i there cannot be any Prelident found, that ever any Admiral, Commiflioner
of the Peace, or any other Officer, or Minifter whatIbever,who was mithev particeps
Criminis nec Munerk,wzs queftioned for any thing done contrary to a Legal War-
rant and Authority given or granted out by either of themj but that only the party
offending was called to queftion for exceeding his Commiflionj or Authority..
31n t%t 42 of Ed. III. ft 18 tnartcn tliat no be put to uttftoec > but bp bue l^jocefi?,
ano matter of Kecojti accojbtng to tlje olo iiata of tbe Hano i and if anp tbing be Done ta
tbe contrary, It fljall be botD in Jlalu, anD baloen fojCBrrour.
35tt tbeS. Ed. II. Tit. Coron. 39?. Jttsino yatt of tbe&ea, toberecne^antnayfee the
iLanD of botlj ftDes,anD of any tihttg Done tlfere, tbe Country may Ijabe knoiaileDge-, tnberes*'
by ttappcatctb, tbattbtngsdonetbcrc,aretryable bytljeCountry i (tbattgbylury) ana
confe^nciitly not in tbe ^fomirail Court.
3n Ed. I. Tit. Avowry 191. 0 ISepIebtn bias bjougljc hi Murfords Cafe, foj taking
of a ^btp On tbe Coatl of Scarborow in tbe jbea, and foj. carrying tbe famcintotbe
County of Northumberland : Berry Cbief Suffice of tbc Common Picas, adiubged t»beit'
a taking is pardy on tbc js>ca, and partly in a ISiber, tbe Common Laiu Iball b^bf
luriCdittion.
55y tbe fcberal Statutes in tbe 13 of R. 2. Cap. 3. and tbe 15. of R. 2. Cap. 5. and tbe 25»
of H.4 Cap. II. mbetfin all tbe aubfetts of England Ijaue an ^noereft i it is enattedi
that tbe Court of tbe^lbmiial fijall babe no Surifdiction, cj to meddle initb any tbing
done toicbin tbc I'iealm, by Hand oj ®l!ater, mitbin tbcisodicsof any County of Eng-
land. 2lnd tbcre beitt.ggri£bioHS Complaints made in tbofe days by tbe Commons of
England, tbattbc Cetrrt of BtDmiralty bad incroacbed upontbe^urifijiction oftbeCom^#
moH itam, to tbe intoUecable grtebauce of tbe ^Jubfeets > Jt toas enaetedtljat any perfon
finding bimfelfgaedeoagaiiiiJ tbe fojm of tbeS)tatutes, ani tfie Common ILato, Iball
babe bis Action yjotiotmccb upon tlje Cafe againft fiim tbat purfues in tbe ^^dmiralls
Court, and flwli lecobrr bis Double damages againft tbcpurfunnti audi tlie faidpucfuant
fi)iil5ucuc tbe penalty of to 1. to tbe iking foj tljc putfuitfo made, if be be couUicted
tijeceoft
126 Fraud and Oppreffion detected and arraigned.
The feizure was adjudged Legal, upon (everal circumftances in the Cale, the
damages afterwards was through the default of the pretended Claimers; And
the imbeazilments being done by feveral pei fons within the bodies of the County
of SuJJex and Tiorcet^ where the municipal Law of England^ and not the Civil
Law hath the Jurifdiftion. It is pofitively againft the Rights, Liberties, and Pro-
perries of the Subjeds, that any (lich Sentence Ihould be confirmed againft Sir
Edmondturnor and George Carew.
As Sir Edmond Emnor and George Carevo, do not take upon theralelves to ex-
cufe Captain Birne and Jonathan Froji, or the perfbns who are Bail for either; but
leave them to the due courfe of Law: So the laid Tumor and Carevo, cannot but
accufe the pretended Claimers, or owners of the Fly-boat and her Lading 5 for
that the pretended Claimers and their Agents, perfifted in their Pradices, tode-
fraud the King as they had done his Subjetfts, whereby they forfeiKd both
Ship and Goods^ upon two (everal offences againft feveral A(fts of Parliament,
as by feveral Certificates under the Officers hands of the Cuftom-houfe, and other
Teftimonials, appears.
vi'L. After the Ship and Goods were reftored, as belonging to the Subjedis of
the King of Spain^ and ought to have gone for Brugis or OSiend. Yet they did
contrary to the Aft of Navigation, bring Ship and Goods to the port of London^
.(without Letters of Safe-conduft) and there deliver them, being of the growth
of France^ which was a forfeiture of both Ship and Goods by the Law, Secondly,
The Wine, Salt, ^c. were Entrcd as Englijh Goods by an Englifh Man that they
had procured to Enter the fame, to defraud the King of Forraigners Duties 5 fb
they wanted not Common Claimers to make them firft Spanijl}^ and then EngliJfj^
for their purpofes notwithftanding they were Hollanders Goods.
It h to he ohfer'ved, that Sir Edmond Turner and George Carew,
regard they did, not rcfpeBively mah^ the leaji defence in the faid
Caufe^ before the Sentence) have fever ally purged themfelves
upon Oath before a MaBer of Chancery, to confirm all that they
have refpeSlively aliedged in their own defence, before the Judges
Delfegates, which /Affidavits ought to be read, and come in Jjfue^
at the hearing and ffuall determination of the faidCaufe.
of
January 1677.
In the Godlivs of Brugis, Michael Senfeir, Mr. a Burdeux,
Thomas Wade,.
Seventy one Tuns two Hogs-heads of French Wine, which are damni-
ficd one third part, and two Tuns prifage filled up.
Jpril^oxh. Subjidy. 214. lo O.
1667. jddd. duty 1^2. 5 6.
Coinage. 55. 15 o.
382 1. ICS. 6.d-
Fraud and Oppreffion Detected and Arraigned;
127
TO THE
moft Honourable Privy-Colincil.
Right Honourable^
there be not Arguments fufficient, contained in the Letters Patents
palled to Sir William Conrten and his Partners, recited in the ^^ fol. of
this Book, and in the Petition and Reafbris annexed thereunto, men-
tioned in the 99 fag. to induce your Lordlhips to move the King for a
New Grant to the (aid Petitioners, upon the Old Foundation, I hope
thefe following Cbnfiderations may retnove all Obftacles and Objedii-
ons that lie in your Honours way to hinder it. ,
It cannot be too often Paid, That the true Intereft of England confifts in Naval Power:
And it cannot be denied, but that Two well-regulated Companies, trading to the Ealtern
parts of the World, may andean do more then One, in the imploymcnt of more Meii
and Ships, (the honour and ftrength of the Kingdom) Yet it is moft certain, that any fin-
gle Merchant, ought not in a Free-Trade to adventure or expofe a part of the Stock
and Treafirre of the Nation, in Money or Goods, upon his own account, in one or two
Bottoms or Veffels, for fuch long Voyages to thofe Eaftern Countries.
Several Tiutch Merchants, when they made their firft Eflhy, in Queen Elizabeths
time to the EaSi-Indies, ( before the Hollanders incorporated themfeives into a Com-
pany Jnno 1602. ) Pet forth four or five Ships together, having Pome encouragement
from old Prince William Naffaw, to uPe his name as their Principal, or Commander in
Chief, in regard the Eaftern Rings and Emperours underftand nothing of States or
Commonwealths. Wherefore when the Spaniards told the Vice-Roys in China and
Japan, that the Hollanders were Rebels, and a Vagabond people fallen from their natu-
ral Prince^ they anfwered. That they had a mighty Prince and Monarch of their own,
called the Erince of Orange. And Co under his Banner and Title, the EaU-India Com-
pany of the Netherlands to this day have driven on their Trade abroad, to a far greater
meaPure in thofe parts, then all the Soveraign Princes of Europe and their Subjeds
h^vc done*
During the late Civil Wars iri England, Anno id45. the Englijh EaU-India Company
for the time being, endeavoured to confirm their Charter by Ad: of that Parliament^
when the proprietors, and Intereffed in Courten's Patent oppoled their defign, for the
feveral ReaPons following ; and defired a Confirmation of Courtens Grant, which they
hope, upon the Rings Recommendation, this Parliament will now do.
Fourteen Argumentsagainji the old Eaft-India
Company, brought by the Tartners of Sir
William CoUrten, before d Grand Com-
mittee of Farliament in the year 1645
when their feveral Eatents were in difpute
one againji the other, each of them endea-
vourin^ an ejiablijhment of their Grants by
Ad of Esirlidment.
t.nr^He Company isreftrained within ibooco /.
A or thereabouts, and to y or 6 Ships a Year
at naoft.
Fourteen Reafbns given by the Partners and
Adventurers with Sir William Courten and
his Son, for the further confirmation of
their Arguments againft the Eajl-lndia
Compariy, as Motives to the Parliament
for ratifying Sir William Courtens Origi-
nal Patent for a continuance of their
Trade to the Edji-Indiei.
I.^Garten's Trade will invite by its Profit a
great many Adventurers to 2000CO ermorjt
yearly, and in few years toforty or fifty Ships,
K k z. The
128
FtaUd and Oppteffion Dete9?ed and Arraigned.
2, The Companies Trade is mannaged by Com
mittees here, and in India by their Servants un-
derfbr'reign"Goverriour% jWhodan havfeflQ other
fcndjthch to itnprbve theh-ibwn particbliiij^here-
by negleding the good of General Adventurers.
3. The Company hitherto have fettled no
Plantation, nor purchafed any place of their own
tofecure their Trade and Stock» fince they were
undermined by the Hollanders.
4. The Company negleft all kind of new Dif-
coveries to augment their Trade, and have left
many great and profitable places of Trade; the
Reafon thereof is chiefiy for want of Stock, Men
and Shipping, and have in their few Ports ofj
Jldocho, Geamhroon, Sarrat, Hiefulapatant Mada-
rajphan, far)ihec and Bantam, ttore Trade then i o
times their Stock, Men and Shipping are able to
fiipply.
■£> diourten's Trade will be managed by the Ad-
\a;enturers themfelves here, and in India, by Adzien"
Httrers and fach other Ferfons as Jhall wholly 'I>eni
yhevr' indufiry anddiBgence to the furtherance of the
\^tadie, they themfelves being deeply Intereffed.
3. Conrten's Trade by conrfe will tend both to
\fettle Plantations, and pnrchafe places of firengtb
to fecure both Trade and Eflates.
4. Conrten's Trade witl necejfarily provide work^
for dif coveries of new Trades, in fever al places for-
merly left by the Company, and many ether places
where they never traded before, the Profits thereto
inviting every Adventurer, and thofe indafirioHS
men which they Jhall imploy, who tl'e Hollanders
cannot out-wit.
5" The Company brings into Europe but a
finall proportion of Eafl India Commodities,
wanting means to procure more; whereby the
Hollanders principally, and Danes, and others,
have opportunity, not only to fupply Europe,
but alfo England it felf.
6. The Company exports but fmall proportions
of Cloth, Lead and Iron Manufadures, and other
Native Commodities; and a great proportion ofj
Treafure.
7. The Company for want of Men and Ship-
ping,are unable to make great Profit of the Inland
Ealt India Trade, from one Port to another,
but leave it to thdir ferVants and ftrangers,
to embrace the great Fraights to be had for the
Bed Sea, Perjia, China, Mefulapatam, and many
other places.
8. The Company aims chiefly to bring home
fmall proportions of Eaf India Commodities,
whereby they may iell the fame here at home at
highprifes, and to make great profit upon their
fmall ftock, thereby making the Nations lofe
their gain.
9. The Compauy reftrain the knowledge of|
many profitable places; as China, japan, and
others, (ofexceeding benefit toxhc Dutch,) and
not being able themfelves to follow thofe pro-
fitable places; do not fuffer, but deftroy others,]
more able to undertake fuch advantagious Voy
ages, as fadly appears by Mr. &c.
J. Cotirten's Trade will bring a far greater'
quantity of Goods tothe increafng of Trade, Treafure,
and Shipping, &C. here, and augmenting of Cufioms,
for thereby the Importation 0/Eaft In^idiWaresby
HollandersPortugals, Jloall be flopped, our
'• Treafure kept at home, and new Treafure brought in
by Exportation t^Eaft lndiaCommerce to theEaji
Countreys, Germany, France, Spain, and the
Streights, &c.
6. Courten's Trade will export flore of Cloth,
&c. for fever al Ports in India, China, Japan;
Lead, Iron, and other Native Commodities, and
JilanufaSlures in a far larger meafure, and Export
little or no Treafure.
7. Courten's Trade Jhall be able to purchafe near
as great advance upon the Inland Eafl India Trade,
and upon the Country Fraights, as upon their re-
\turns homewards ; when the Profits thereto jhall
invite flore of Adventurers, large Stocky, and wdh
a good number of Shipping andinduflrious Under-
tal^rs.
8. Courten's Trade will Import great proportions
o/Eaft India Commodities, not only of SUk_, Indico,
Spice, and Drugs, ufually Imported^ but alfo many
other kinds which hitherto were not brought to thefe
parts: fo that Eaft India Wares may be made cheap
here, and their gains by the great Importation and
Exportation no lefs then formerly.
9. Courten's Trade will daily dijcover more and
more the advantage of allkindof Eaft India Trades^
and by the hopeful fucce/s thereof invite very many
Adventurers to undertake thofe profit able Voyages to
all Ports and places in India, fend up their
Faflors into the Countries where any Profit is to be
\had.
Fr^ud and Opprgl^pg Djft^ed and Aaf^ajgned.
10. The Company arc at great Charge here at
home, and in India^ fgr the mamtenance of their
Officers, who are not intended to mannage their
Adventurers bufinefs, afwcll as their owm private
Intereft. .,
* 11. The Company hath oftner loft then gain'd
in general; and when all comes to the heft, their
expeded ftock in,one Voyage makes three.for one
of other EafiIndia Commodities, whereof de-
dufted Cuftoms and other Charges, ftnall Profit
refijiains, and fevcrall of their joynt-ftocks have
been brought from a Noble to Nincpeuce.
t2. The CompaniesEftate mlndiahy reafoii
of their few Ships to countenance their Trade;
is daily in great danger afhoar, chiefly under the
Moors, and other Tiranical Governours and Hea
then Kings, whereby they oftentimes have fuf-
fered (upon the leaft jealoufies) feifure of their
Goods, and Iniprifonraent of their Faftors and
Agents in ludta, to the Comp,anies great lofs,
and dilgrace to the Kingdom of England. |
15. The Companies Trade in all this time Could
hardly procure any the Kings and Princes of the
Eaft-Indiesxo enter into Leagues, and fend one
Ambafladour to this Kingdom by them,being neg.
leered, as not able to let forth above two or three
Ships to one Port, whereas the Dntch and For-
tugals have firm Leagues with ftveral Kings and
Princes there. And their Ambafladours in Eatavia
and Goa, and iometime in Portugal and Holland,
14. The Company in all this time cannot de-
dare any great Con erfion of the Moors and
Heathens unto Ghnltianity, caufed by their Trade
I o. Courten's Erade will be managed with far lefs
charge to the A4vcnturers thereof, both here and i^
India,^^ the goad husbanding thereof, great Sailer ies
being avoided, needlefs Perfons Jf area, and unthrifty
pending refrained.
ii. Courten's Trade 'may gain far more with
the addition of their gains, Ufon their exported
Commodities for two hundred pounds exported in our
befi Merchantable native Commodities may pro-
duco in India abotit three hundred and fifty pounds,
which invejied in Wares in India for another Port
may there produce about five hundred pounds, and in
fame places a great deal more •,which invefiedonce <23
gain for the next Fort may the-re produce about feaven
hundred pounds: and the fame then invefted for^
J Europe, may produce about two thoufand pounds ^
where all Charges dedubled. Wages and Cuftoms, may
remain about eight hundred pounds clear to the
Adventurers, which is four hundred neat, for one
in lefs then thirty Months, that by the industry of
Adventurers in CksnxxensTrade may be raifed, and if
by that way too great quantities of Commodities may
he procured for Europe, the half or more may be
brought home in Diamonds, Pearls, Rubies, Musk^,
Silver and Gold, which^re not wanting in Chinai
Japan, India. »» «
12. Courten's Trade wHlimploy fo many Ships
on e very CoaSb, that the Country people for fear of
revenge at Sea, fhall not dare to offer wrong to the
Factors and Agents refiding afhoar in thofe places
wjoere no Plantation or Fortification fhall be ereBed^
Courten fujfered only by the Hollanders that ma-
ligned his undertakings.
i 5. Courten's will caufe feveral Kings and
Princes of the Eaft Indies, to require Peace and Al-
liance with t his Kingdom, when they fhall yearly per-
ceive fo many Ships of one entire Nation to trade into
their Parts andCoafis, to the Honour and Credit of
England, and fecurity of the Adventurers, their
Efiates then a/hoar in a moB regular way.
14. CoUrten's Trade will caufe feveral Plan-
whde they molt applied therafelves, whereas rations and Collonies, whereby the Neighbouring
the (Moors to our fhamc) convert Millions of Indians may be invited by feeing our good life and
Heathens to their Alcaron. The Portugals have | converfation living amongji us, and the teaching of
converted Millions of people in China, fapanfi -painful Minifiers, to become good Chriftians,
and all India- to Chriftianity: and the Hollanders
yearly convert hundreds of Indians to their Pro-
teftant Religion, in their Colonics in the South
Sea.
If
130
Fraud and OppreffionDetefted and Arraigned.
If there were no other Reafons why the King and the Lords of Hismoft
Honourable Privy Council,ought to renew the original Patent of Sir W,
Courten^ according to the Petitioners bumble Requeft, but only thefe three
Confiderations following^ they are fuftrcient Motives thereunto j
FirBj in regard it was the late Kin^s Prefident and Command ; Secondly
in regard of the two Ships the Dragon and Catharine loft, and the two
Ships Bona Efperan%a and Henry Bona Ad'ventura taken by the HoUanders.
Thirdly^ for that 11^16 i 2 I. was awarded in the year iSSe;. and confirm*
ed nnder the Great Seal of England^ to be Reprized effe ^ually by the
C prietor' of the Bma Efperan%<t, and Henry Bona Adt'ettiHra^ their Exe-
rors, AdiBnuftrators, or Afligns, from the Hollanders^ as appears by
f ,Pat^T.ts recited mfol. 11 <5 of this Book;and the t •! Gonfiderations
tbercnnto annexed •, for which the Hollanders fay they have given 800000
B ifhicmes to tl:s Majcfty fince the Treaty at Breda j Yet 110 fatisfadion
hath been made to the Proprietors, or any of them, either by the King or
the Sta^es^ although the Commons of England raifed many Millions of
Money to that purpofe for acquiring the fame.
Bcfidcs,,a!I that^^e Crown of England ftands indebted to the Proprie-
tors. Adventurers, and interefled in Sir William Courtens Grant, the Sum
of three hundred thoufand pounds fterling and upwards, advanced to
King James King Charles the Firft, as by the Records in the Exche-
quer appears, towards the ordinary charge and fupport of the Crown.
There teas fome redjhn^ vohy the late K.ing could not TroteH the Petitioners in their
Rights during the late Civil Wars'-, and fome Reafons, why the VJitrped Powers
would not do it 3 hut there is no Reafon why His Majcftie in thefe days, (hould nei^
ther give us the Money that the Hollanders alledge they have paid towards our fatisfa-
£lion,or fujfer us to takg it from them by force of our Jpecial Grant: Nor any Reafon
whatfoever, why the King and Parliament (confdering all circumJlances')Jhould not
renew and confirm the Original Grant to theperjons interejfed, ana their Parteners,
according to the faid Petition and Warrant from the /^^teKing, to Sir Edward
Herbert his Attorney General, in the Seventeenth year of His Reign Annoqy
T)om. 1641.
If the Heirs, Executors, or Admniniftrators of Sir William Courten and the refpeftive
Partners and Adventurers with him, fhould be deprived of their Trade to thefe parts
of India, China and Japan, where they had not only purchafed feveral parfels of Land
and Houfes near the Sea Coaft 3 but alfb upon divers Contrafts for Trade and Com-
mercc, built feveral Forts and Store-Houfes there, and left feveral confiderable Debts in
the Country 3 they fhould not only lofe their Rights and Properties abroad, but be
made fuch Prefidents of misfortune af home, that cannot be paralelled in any other
part of the World, as may be well apprehended, by any Intelligible perfbnsthat read
the 29 Articles of Inffrunions following. Given to the Chief Agents in the feveral Fa-
'J uries of Sir William Courten and Company, his Parteners and Adventurers with him in
tL , year 1641.
In«
Fraud and Opprcflion Detefl:edand Arraigned.
I N S T R. U C T I O N S given to Mr. Jt^hn Farren the Chief Agent of
Mr. Courten and Company, proceeding with Seven Ships outward
towards Carrparr in the Eaji Indies in the Year 1641.
I.
OU (hall take into your Cuftody and under your Charge, all the Goods Mo-
nies, and Merchandizes, and other means which already are at CarvparV,
belonging unto us, or that lhall hereafter belong unto us, or others for our
ufe^, from other places to be configned unto you, or under your Command,
to other perfons belonging to this Imploymenr, and in fervice of this
Faddory. You fhall likewife in cafe of Mortalitie, make and appoint Chief
for every of the Fadlories on the Coaft of India, which do belong to our
Imployment 5 And for mifdemeanors, have power to difplace the Chief of the faid Fadories;
And with the advice of your Councel, place fitter perfons in their rooms; with other Fadories
from Rajapore to Ceylon, and up in the Countrey j Who are to acquaint you from time to time
the ftate of bufinefs, and yearly fend up their Books to Carwarr, to be by ycu examined.
Forafmuch as no Bleffing is to be expeded but from God, You fhall provide that the Service
of God be duly performed, in the houfe twice a day, according to the L.iturgy of the Church
6i England: To the performance whereof, be careful to call all the whole fioufhould together,
futfering none of the People to abfcnt themfclves from Prayer or Divine Service, unlels by
ficknels, or any other urgent occafion, which muft be a fufficient caufe, or punifti the negligent
according to the quality of the omillion; Every Sabbath day call the whole Houfhould to-
■gether, andimploy the Forenoon and Afternoon in Prayer, hearing of Sermons, or Chapters
of the Holy Scriptures read, and other devout Exercifes, until it fhall pleafe God to allow you
a Minifter, for the fuller execution of Divine Service.
Ill
You fhall have to your Councel the reft of the Merchants of the Fadory, with all other
Merchants of Ships and Fadories belonging to this Imployment; Then prefently with them
debate and refolve concerning Trade and other matters; and in cafe of equal Voices, you fhall
have two Voices, a cafting Voiee befide your own: The fecond of this Fadory fhall be Accomp-
tant-General, to keep the Books of bufinefs done in this 'and other Fadories. The third perfon
fhall be Secretary; to write Letters and keep Correfjrondence with ail places which have to do
with this Fadory, The fourth perfon fhall be Cafh keeper, and daily makeup his Accompt with
the Accomptant-Gencral. The fifth perfon in the Fadory fhall be Ware-houfe-keeper, and daily
give over to the Accomptant-General what parcels of Goods received or delivered, to be book'd
in his Journal andLeiger.
IV.
If any more perfons be in the Fadory bearing the name of Merchants, they muft be imployed
by Order of you and your Councel, about fuch bufinefs as their abilities and the time fhall moff
require; And when there are lefs perfons then five in the Fadory of the quality of Merchants,
then you fhall report the bufinefs among thofe prefent according to every one his skill and abi-
lities, bearing your felf fuch a part as may be requifite; which four perfons more or lefs to bear
the faid Offices, fhall be elcded by you and your Councel, and any one departing out of the
Fadory, fhall give up Accompt of his Adminiftration, and another by you and your Councel
Eleded and put in his room as aforefaid: The Chief of tfie Fadory or Agent at Carvi>arr,(yvYi\ch
now is appointed to be Mr. John Farren^ at his arrival fhall not be nominated by other then
our felves : But in cafe of Mr. Farren his departing this Life, before he comes there, then at
the coming away of Leonard de Woodman, (who is now fent for home) the Fadory fhall be go-
verned by the Second, until further Order by next Shipping, which Second is to be cholen by a
Confultation of all the Merchants, and is to execute the Orders with the Power given to Mr.
Farrem And in cafe that Leonard de Woodman be deceafed, or come home with Captain
Hall, and another left Agent by Mr. Hall, then fuch perfon fhall be removed to be Chief at
Batticalla after Mr. Barren's Arrival at Carwarr.
V.
Your Accomptant-gcneral, or fecond Perfon of the Fadory fhall keep cxad and true Books
of Accompts,. of all Goods, Monies, Debts, and other means to us belonging, under your Re-
ceipt of this Fadory, charging diftindly every parcel and quantity of Pepper, Salt peter, and
other Goods bought, as Cloth, Lead, and Iron and other Commodities received for our account,
difcharging the fame when you Ship away your India Goods, or fell Europe Commodities: He
ihail alfo keep an accompt of all the perfons now in the Fadory, or hereafter to come there,
L1 giving
132 Fraud and OppreffionDeteftedand Arraigned.
giving them Credit within the line, and not the fum drawn out with the reft of the Credit aboard
the Ship, or in the Fadlories whence they come, the Accompt it lelf being copied at large in the
Journal, and in the Leiger brought into a fiim within the line pro Memerato as aforclaid, for that
this Faftory is not to be Charged with Ship and other Fadories debts; but withal it's fit that
in the git ing any one his Accompt, there fliould be remembred whence he comes, and how much
due to him in the laft Ship or Fadory, when any perfon of theFadory takes up Monies or Goods,
(which muft not be otherwile then for neceflaries; fuch Money or Goods muft be charged to his
Accompt, and acknowledgement taken in the Receipt-Book; and at the departing of any per-
fbn from theFadory, his Accompt muft be bal'anced, and he made Creditor for his wages, du-
ring the time of his abode there, the Copie thereof delivered unto him with your Name, and the
reft of your Councels hands thereunto; and another Copie thereof muft be fent to us. If the
Party departs this life, his Accompt as aforelaid, with his Will, and Inventory of Goods and
Clothes muft be fent home, and a Copie delivered to the Executors, (if any'prefent j his Goods
and Clothes firft being fold, and the proceed thereof brought to his Accompt. The Accomptant
General fhall take and examine the Books of Accompt which yearly fhall be fent unto this Fado-
ry, from the Fadorics of Rajapore, Ral>ag, Batticalla,Camiavore, and others when moreCettledi
the Contents of which Books he fhall extrad and carry over into the Books of Carwarr, of which
Carwarr Books, Copies muft ftill be ready to fend home to us, by every Ship that comes home,
and belonging to this Imployment; which Copie of Books fhall be by you, and the reft of your
Councel perufed, and fignedby every one of the Councel.
VE
The Secretary fhall keep all theLetters direded to th is Fadory,andCopie theTame into a Book;
He fhall alfo write all the Letters which from this Fadory muft be writ to us at home, and others
\n India, of which Letters, true Copies fhall likewife be Regiftred into a Book ; and he muft be
careful to fcal no Letters, until the fame be perufed by you and the Councel, and the hands of
all them of the Councel then prefent thereunto, with the Secretary his own hand laft of all:
He fhall alfo make all the Wills and Inventories of fick and difeafed people of this Fadory.
whereof he is to keep a true Regifter; He fhall alfo keep the Book ofConfultations, and a Book,
or Journal of Day-obfervations, touching Trade, News, or other daily paflages, the Copie of all
which Books, the Secretary fhall at all times have in a readinefs, and fend home the fame to us
by every home-ward bound Ship; which Copies muft firft by you, and the reft of your Councel,
be peruftd and figned, as in the fifth Article.
VIE
The Cafh-keeper muft keep theCafh-book at large by Journal and Leiger,Charging evcryCoin,
as Pagoes, Santomees, Rialls of eight, Larrees and other fmall Monies on itsfeveral Accompt,
with the quantity of the parts, for the receipt, and difcharging the fame againft its particular
Accompt, when payment fhall be made thereof; the parcel of which Cafh-book, muft every
day before night be brought unto the Journal, by the Accomptant-Gencral. The Steward fhall
keep his Books of hoiife expence at large, and bring in the W eeks charge thereof unto the Ac-
comptant to be entred into his Journal and Leiger, of which Cafh and Stewards Book, a Copie
muft be conftantly in readinefs, and after examination, and underwritten by you, and the reft of
your Councel, be fent home to us by every Ship which is homeward bound.
VIIE
The Ware houfe-keeper fhall keep a Ware-houfe Book, wherein at large fhall be charged what
Goods he receiveth into his Cuftody, which fhall be difcharged again, when he delivereth the
fame to be Shipped, or to thofe who buy the Commodity, noting every particular or Condition,
Quantity and (^ality of the Goods, and Copying every particular Invoice of Cloth and other
Goods into his Book, On the left ffde the parcel received, and on the right fide the parcel de-
livered or Ship'd away, and of every parcel delivered and received, he fhall not omit to give
daily before night, particular notice to the Accomptant to be entred in his Journal and Leiger.
He muft alfo keep a Book of Charge upon Merchandizes, which he fhall weekly fum up, and
bring the fame to the Accomptant to be entred in his Journal. He fhall alfo keep a Book of Pre-
fents, wherein fhall be charged the prefents given, with a large ExprelTion to whom, and to
what end. And in the Creditors fide, bring in the prefents received and returned with a fpecL
fication how they were dilpofed of, which Ware-houfe-Book, Charge of Merchandize and
Prefents, Copie muft be had conftantly in readinefs to fend at the coming away of every Ship,
figned, and fent home.
Inftrud andcaufeto be inftrudled all the Young Merchants and Youths, rcforting unto this
Faftory, not only to keep their Books exadly, but alfo to buy and fell all home and Eaft-India,
Commodities, with the knowledge of Weights, Meaflires, Monies, and Coins ufed thereabouts,
and other needful parts to be performed in this Imployment, let the Youths and other the Young
Merchants which are beft able, learn the Sundry languages, be inftrudted to fpeak, read, and
write
Fraud and Oppreffion Detefted and Arraigned. 135
write the lame language, that hereafter all bufinefs may be done and performed by them, with-
out any fear of being deceived by the cozening Brokers and falfe Linguifts, let us yearly be in-
formedof the ability of everyone, not only in the Countrey language, but, alfo in his books and
induftry in dealing with the Countrey People, and difpatching of bufinefs, thereby to know who
may be preferred upon all occafions.
X.
At every time when occalion prelents, to fend home Letters, do not negled to Advifeusof
all particulars of our bufinefs, chiefly by the homeward bound Ships of this Imployment: And
when you write by the InAia, Company Ships, by the Holland Ships, Portugals, or Danes,
and French Ships, or by land as hereafter exprelfed. You (hall ule the Figures and Ciphersj
to deprive our back friends of the Contents, when perhaps they may get our Letters into their
hands, you may write home by Land Fia Surratt or Per fa, fending your letters to Balfora, in
the bottom of the Gulf of Per fa, to be direded to the Conful for the Englijh Nation at Hleppo,
to be further conveyed tousby way of Venice, Lyvorn and MarfeUia, or elfe to write by Ship
from Scandereone-, you may alfo write home by tvay of the Red-Sea-. Thisistobedireded to Sir
-Alexander Pagetti a Venetian Merchant, and Conful of that Nation, with order to fend the
letters to -Alexandria, and further to V'.nice, Livorne or MarfeUia, to be conveyed unto us.
XL
In Houfe expence be frugal until further increafeof Trade, you lhall not add to the building
of Carxvar houfe, content your lelf with thehoufe you already built at only if you
want Ware-houfe to prcferve the Goods you procure for England, and other peaces, let conve-
nient rooms be made, alfo tor the Salt-Peter-xn^n what is requifite to the furthering of his work;
but in digging of Ponds, Tanks, building Bridges, and other needlefs charges, do not imploy
the Stock which is to be inveftc-d in Commodities ? Be not too liberal in preienting, for it is fru-
gality which makes a Trade rich, and when Prefents return to you and others under your Comr
mand, let them not be applied to any mans particular ute, but brought into Accompt and
Regiftred in the books of Prefents. 1
Suffer no man belonging to this or other Fadories, to Trade for hirafelf, his Friends, or
any body elfe, befides what is done for our Accompt; when any body is found poiieffed with
Money, or Goods, or both, to be inveftedin Trade as aforefaid, You fliali take fuch Goods, and
Monies from him, and difpofe thereof to ourufe, giving the Pofl'eflbr a receipt for thefame^
figned by you and the moft part of your Councel, for which we promile to make fatisfadion to
the parties here at home at the firft Ships return.
Xlil. , ;
You fhall dired all your returns. Bills of Lading, Letters, Books and Accompts, marked
with the Mark in the Margin unto us, and order the letters direded unto any elic in
and Europe not to be delivered, before the fame be brought to our hands, and order frotn us
procured for the delivery thereof (which order you muft renew at every Ships homeward dif-
patchj neither fhall you difclofe there in the/Wi<?r by letters, words, or adions, the State of
bufinefs to Brokers, Merchants, and other the Countrey people, and lefs to the Hollanders,
French, Fortugals, Vanes, or Englijh, and others imployed in the Eafi India Companies fervice^
for the old and new Stock.
You muft be induftrious and fecret in all your dealings in all your Trade, for it much concerns
I S to have the fecrecy thereof rcferved to our felves, and the men by us imployed, and whcif
any letters come to your hands fealed and direded to us from fbme body in this imployment,
you fhall not offer to open the fame, neither detain them in your hands, but fend the fame letters
fealed as you receive them, by all the fpeedieft conveyance you can unto us, neither fhall you
open nor detain the letters which wefend, to the perforfs imployed in this (ervice, but fend or
deliver the fame fealed according to diredion with all fpced pofTible, unlefs that fuch perfons
were deceafed, run away, or come home, before you receive fuch letters for them, in which
cafe you may open the letters to take courfe according as fhall be required.
XIV.
When you arrive in fafety at Carwarr, you fhall take full Information from William Gorle,
and the reft of the Merchants (the ftate of bufmelfes thereof) with their advice, and with the
advice of Mr. Hogg proceed inthedifpofing oftheiTf/en lading for Monies, and in Truck
for Pepper, Cinamon, Indico, Callicoes, and other Goods, to be had there, and call thefaid
Gorle and all others which had charge committed to them, and of him receive thePaterir under
the Great Seal of England, for your proceeding at Carvtarr. You fhall leave fuch order at
Cannanore, as with the advice of all the Merchants, and Mr. fhall find to tend to the moft
advantage of the imployment, and leave William Gorle Chief, to whom you fhall deliver owr
Orders and Inftruftions for his Government, and fettle the reft of his Councel, according to the
form therein fpecified, with Copies of the fame Inftruftions to the reft of thofe whom it
concerns. XV.
Fraud and OpprelHonDeteded and Arraigned.
XV.
From Cannmore you (hall proceed with the Htfier to Cocheen, to put off fuch quantities uf
your Cloth, Iron, Lead , and Bays as the place moft vents, and being needful, leave thereof
your Merchants for the difpofing thereof, where you fhall keep a fair Correfpondence with
Senior Francifco ^etho de Legorn, who was very Courteous to affift the Ships William, Planter,
andyou may agree for a good quantity ofCinamon, Pepper, and Callicoes, which at
the return of the Ship from the Northward may be received in cafe there were not ready fufficient
for the prefent; You may treat farther about the Freight which laft year was propounded by all
the chief Merchants of Cocheen for China, japan, or Aiacajfar, as appears by their letters to us,
whereby they promife to take a good parcel of Staramels and Fmice red Cloths, you may fee
by the Freights agreed by Capt. Weddall at Goa what to ask, which if you obtain, no better
imployment is to be expeftcd for the Ships.
Failing at Cocheen of a. China Freight; or in cafe of agreement, you muft take fb much time
as may bring you to Carwarr, where you fhall repair to Mr. Leonard de Woodman, deliver to
him our letter, and receive from him the Patent under the Great Seal, and all the Inftrudions
which he had from us, or from Capt. Hdl ; all which having received from him, you flrall take
into your Cuftody all his Books and Writings, and for his perfon fend him aboard the firft Ship
which then fhall be readicft homeward bound. Being thus aboard you fhall charge him with
the particulars in your Note for that purpofe, and in the Journal of Richard Goodwin, the charge
upon oath of Simon Grave, the note of Jbobjhennj of Carwarr, and the Notes of Nnthvny
Martin, and of his feveral Anfwers keep a true Regifter, which you fhall fend home in Authen-
tick manner; his Books you fhall examine, and finding an Error, dubious, or falfe parcel, let
the fame Authentickly appear, and fend them home by the firft homeward bound Ships, and the
Copie by the next Ships; Mr. Leonard de Woodman himfelf you fhall fend home in fiich degree
as he fhall propofe himfelf U[ on examination of his charge; if Guilty, then fend him home
Prifoner, if he ciear himfelf of all, then fend him home chief Merchant as you found at firft
at Carwarr, to inform us by word of mouth of the Trade up in the Countries where he often-
times travelled. In cafe of your firft arrival Mr. Woodman were at Rabag, or elfewherein the
Country, you muft fend aflbon as you arrive an Exprefs for him to come down to confult toge-
ther for the good of the Voyage; and being come down proceed as aforefaid: if he refufes to
come down, you muft fend up to Court for a Warrant, and mean vvhiie charge ail the men in
this Imployment in the Country by vertue of your Commiffion, and in his Majeftics name to
follow your dired on, and thus force him to come down; mean while you muft not apply your
felf fo much upon thefe particulars, as to negled other bufmefs of venting Goods, and procuring
lading for the Loyaltie and Unitie of England, and for the Hefier for fuch places as you fhall re-
folvetofendher, with the advice of Mr. Hogg, and the reft of the Merchants.
XVII.
When you have placed your felf at Carwarr, and fettled the Government prefcribed by thefe
Inftrudions you fhall ered a Fadory at Battle alia, and amongft other Merchants fend Nnthony
Martin to rcfide there, becaufe that he fpeaks the Country language, and was there from the
beginning, till the demolifhing of the houfe. The Pepper about Battcola is very good; but not
fb good as that which comes from Rahagg axA Houbilee, ne-verthelefs procure a Quantity, for
when it colts but 3 o Pagacs a Candee, it is far better then to pay 3 6. and 3 8. Pagaes at Rabag
and HoMee, befides the carriage down, and the Cuftoms to be paid upon the way.
XVIII.
You fhall fend for Peter Dlmaifters, who is at prefent Chief at Rabagg, to come to you, and
fend in his room to be Chief there William Hicks, and in cafe he fhould be deceafed or returned,
fuch other perfons as you fhall find able for that place, for that the Hollanders which lie there,
drive to under-fell and over-buy all Commodities, and being Crafty Fellows, with their In-
fmuations and other finifter and underhand dealings, come to know of Mr. Woodman and Peter
Hemaifters the very fecrets of this Imployment; therefore it behoves you to place one there,
able to difcover their underminings, and Encounter with their dealings, Peter Demadler will do
more Service under you at Carwarr.
XIX.
You fhall fettle Mr. Albion Mctterjhed at Rajapore, with the reft of the Merchants, in that
form of Government in the Inftrudlions for the Fadory expreffed : And take up the Accompt of
his dealings from the beginning until now, for that we have as yet received none.
XX.
It is left to your Judgement and choice, whether to fettle one or more Fadories upon the Coaft
of India, or Cocheen, Coulan, Calepatan, Dahull, or within the Country at Dichalle, Houbilee^
or other places where the Pepper grows, what you refblve with the advice of your Councel, let
It tend to the moft benefiit of this Imployment, and be cautious in fetling of Fadories, that the
charge ofthe place be not mor'" then the profits to be expeded from thence. XXI^
Fraud and Oppreffion Detefted and Arraigned; tqi
XXL .
The Ship Loyalty is fraightcd by the Tonne at 21 i. per Tonne, Pepper i4. C. j C. pei:
Tonne, Cinamon at 16. C. per Tonne, Saltpeter at 20. C. per Tonne, and other Goods ac-
Cordingly; She is to ftay from her fir ft arrival in India, the fpace of four Months to be linladeri
and to re-lade homej arid if not dilpatched within that time, then to ftay on Demburage for fix
Months certain, and cleveri Moriths at the moft at 3 00 /. per Month. The Vnity is fraighted by
the great, at 2900 /. for the whole fraight home, Ihe is to ftay in India, (he is to ftay there until
the firft of fanuary, if arrives there before the firft of OSober, and if comes later to Rajapore,
then to ftay three Months unlading arid relading and dilpatch; and if within that time the Ship
fhould not be dilpatch'd, thcri to remain upon Demorage for fix Months certain, and twelve
Months at the moft, i y o /. pfcr Month; the Gopie of the Ghartcr party, you (hall find amorigft
the reft of your Papers, but the Charter party of the Unity is ferit by that Ship to Mr. Albion
Motterjhed, by the failie Charter parties youfhall find the conditions more at large exprelTed*
Endeavour to lade home the two faid fraighted Ships, before they enter upon Demourage, and
put aboard the Unity about 80 Tonnes of Salt-Feeter or more, to bring her down, and be careful
to have the Ship well filled with Pepper, Cinamon, and other light Goods, becdufe that we are to
pay no more for 180 Tonnes, theri for 100 Tonnes j fee that the Hold be not imployed to ftovv
Ships provifibn, let it be coritracfted to narrow compafs, and caule all Bulk-heads in hold, made
for outward accomriioddtion, to be taken down; and if the Bread-room be too big, fill the fame
with Goods or other Provifions, the Loyalty being by the Tonne is not material to make her flow
fo much and full. XXIL
During the tiiiie of the unlading and relading of the two faid Ships, you (hall fend tlienii both
to the SoHthward and Northward, with diredion to gather part of their lading, mean while let
the Hefler gather lading alfo for them, and getfuch quantity of Goods down to Car]varrhetimcs;
to be laden before fhe enters into Demourage to be excufcd of 1800 /. which we ftiall be forced td
pay for fix Months Demourage, as you may farther perceive by Charter party; then you may
do us a Wondrous good Service in difpatching the t wd fraighted Ships home, and better in lading
home all three, which fllall recommend to your Diligence, Induftry, and Care;
XXIII.
In cafe that the Loyalty only could be difpatch'd home, for we fhall exped her at leaft, becaufe
it concerns us in thehigheft degree to have returns next Summer, then you fhall imploy the
Unity upori fraight to Perjia, Red Sea, Cambaia, -Acheeni or China, in Company of the Hefler to'
the moft benefit, and when you may get fb much or more, as may clear the i jo /. per Month,
which we muft pay for Demourage; but if no profitable fraights are to be exp'eded, you may
lade her with Cotten, Gam-lack^on Sticks, Cajfamba, Turmeric!^, arid other Goods vendible at
Acheen, and fend her thither confind to Mr. Henry Glafcock_, Chief of the Fadory there; Yoii
muft fend for Acheen alfb, by the Unity or Hefler, all the Amber remaining at Carwarr, a parcel
of Iron, Lead; and Cloth, and mean while procure her lading home againft Chrifts tide, 1643.
XXIV.
Provide for t^je homeward bound Ships, about 1000. Candees, Salt-peter^ which cofts at Hon-
btleei I and/\,Fagoesa. Candee, which you muft caufe ro be refined by the Salt-peter
man, which goes with you, let it be refined 30 per cent, finer, then what came by the Wtlham
and Hefler, for the finer it is, the better for fale, lefs fraight and cuftom. Againft next year,
you Ihall provide another 1000. Candees, Salt-peter, which muft be ready in the hqufe before the
Ships arrive out of England, and refined at leifure; You muft alfo provide a good parcel of
Pepper for thefe homeward bound Ships, and no lefs then 800. Candees which fnuft be very well
lifted, clear from duft, and all the light Pepper or empty Husks fanned or milled out of it, for
it is better to throw away the duft and light Pepper, then to bring i't home to England, although
I believe it will yield fomething in India, for duft is now worth thefirft \oth. part of good Pepper,
neither is light Pepper worth above a third part of good Pepper, which duft and light Pepper
pays as much cuftom and more fraight then good Pepper, for the light Pepper requires three,
times more room then good Pepper, fo that the price of light Pepper which is here 6 d: whereas
the price of good Pepper is 18 per pound, but the cuftom thereof, is 3 d. and the fraight
id. ^ per pounds And for light Pepper9 | which with the Cuftom makes 12 <5^. doubled,-
the proceed befides 6 d. firft Coft. The Cinamon which you buy muft alfb be ftickt, garbled, and
all the black and thick fticks refufed, and if bought in a parcel together, 'tis better to throw them
away then to bring them home, for the confideration mentioned in the light Pepper; You have
^ohn Smith a Grocer by Trade, who may conftantly be imploy ed about nhe Garbling and chufing
of Pepper and Cinamon; Pepper of Cannamre, Callicutt^ and Coulan, fells here a penny in a
pound cheaper then that which comes from Rabagg, Houbilee or thereabouts;
XXV.
By the Mufters of Drugs and in thelnftrudlionsin 2 3 feveral papers, you ma^' perceive what
Drugs fit for this place with price and quantity, Stephen Hill Drntigifl, who maybe
imployed in the choice and ordering thereof, and buy fuch parcels as you find expreft when it
M m may
156 Fraud and Opprefiion Detefted and Arraigned^
may be done to profit, and fend the fame home by every homeward bound Ship, berides,3'ou
muft provide for ^cheen, a good parcel of Turmeric^ Gumlack., Mafiick^-, and Cajfumba, which
is a dry flower dying Yellow, which you ma^' alfo fuffer to be garbled by yomDrnggiJi-, Gotten,
which Cofts at 2^ pagoesaCW^e, muft alfo be provided for Turmerick^co^s
at Rabngg 6 or 7 Pagoes a Can dee, Gumlack^on fticks at Honbilee 11 or i2PagoesaC<?«(ife, In
the buying of Pepper, Cinamon, and other Goods, take heed to buy none vvhen they be moft
Wet or watered, whereby 20 per cent, may be loft, and more may be loft on the weight, but
befpeak if they are found moift, wet, or watered, they fhall make allowance, which may be
tryed in weighing of 1001, neat, and drying the fame upon a Sail three or four days during the
time of the Sun mining hot, and after three or four days drying, weigh what the fame lofes
from the 100 I. aforefaid, and fo a prefent experience may be made upon a Mufter of a pound
dryed by a fire. If Indigoe flat, and which may be had at about ioo Pagoes a Candecj you may
have a parcel, and fend by the homeward Ships, and fend home alfo a parcel of CdUcees made
thereabouts, that the forts and prices may be known, or order great parcels hereafter: Inquire;
what Sugar is to be had in theCountry, and what price, for I underftand that great ftore of Goox
or Jaggrye may be had all the Country over at cheap rates, which being fo, it may turn to Ac-
compt to fend a Sugar-refiner to buy and refine the Sugar there, both to fave fraight and cuftom:
Inquire alfo what Bees Wax may be bought for,, and whether quantities may be had, ityields
here always y /. per cent. XXVI.
Endeavour with all the Induftry you have, to fell all the Commodities which are confighed
unto you for Money', or in Truck for Money or Goods, as above exprefled, and fuch other as
hereafter you fhall be informed here or at dcheen, it's not fafe to keep home Commodities un-
fold above 12 Months after landing thereof, for befides the perifhing of Cloth, commonly Goods
kept long fejl at laft cheaper then the firft proffer, and the yearly fupply from home confidered.
Goods are nor like to rife in price with keeping, Moreover the proceed thereof lyeth dead,
which otherwife may be imployed in Commodities for Enrope or Acheen, fo that you may con-
elude it is better to lofe yo per cent, upon Goods, then to keep them 12 months unfold. By the
Invoice of the Hefber, Unity, and Loyalty, yow may perceive what kind of Commodities are fent
from hence, per next return advife us what other Goods may be fold for profit, and be diligent
to find out the Trade of the place and Country to the full, and let us know whether Lead in
Figs of 3 00 /. fell not for as much as Pigs of 1001. or Bars of 14 or 16 /. for betwixt Bars and
Pigs here is always 14 per cent, weight difference, that the Bars coft more. Alfo the price of
Corral Beads, and whether a great difference be betwixt deep Red coloured and a pale coloured^
though the Beads be of one and the fame bignefs; Which fort of Beads, and bigneft thereof fells
with you, and what quantities a year, for being very dear we muft be fully informed of the
price and requeft before we can refolve to fend a confiderable parcel: next year intend to fond out
a good parcel of Corral, mean while you may put off all the Corral you find unfold in any one
of the Fadories. XXVII-
You muft be careful to have all the Cloth of all the three Ships arrayed as foon as you come
into hot Countries and in Sultry weather; You have a Packer named William Gerijhe, who with
his Prefs may Pack up the Cloth again, as it w^s before ; which he may alfo effed a Ihore, and
be conftantly imployed about keeping the Cloth in good order.
xxvm.
You fhall deliver a Copie of thefe Inftrudions to all the Merchants of your Councel at Camarri
and fend the Copie by the Loyalty, with the Copie of the Charge of Mr. Woodman, and all the
other papers to be dircded to all the other Merchants at Camarr to be penned in a confultation
ofall the Merchants bothof thefhore, and of the Ships prefent, and to rule themfelves accor-
dingly, in the fettling a Councel and Government as is prefcribedj, In cafe ycwr Ship fhould
arrive upon the Coaft fooner then the Hejler, or elfe the Hefler mifcarry, or lofe her Monfooncs
or that (which God forbid) you fhould depart this life before your comingto Camarr.
XXIX.
By the Premifes you are certified of the general heads of this bufinefs, of this Imployment,
which ftrive to perform to our moft advantage, and for what omitted, or elfe herein contained,
which might be contrary to the moft beneficial courfe, you fhall have in all times power, (with
the advice of your Councel) to alter and redrefs the fame, and to refolve for the beft, which
your refolutions we approve, as if hereby prefcribed, conditionally that at all times when fuch
happen, you fhall Regiftcr fuch Confultations with the hands of the Merchants prefent, and
therein alfo inferred the reafons why fo refolved, in oppofition of all theft our Ordets; And be-
fecching God to blefs your Endeavours, and Prcfcrve you in health, we Remain,
Your Loving Friends,
Endimion Porter^
Fraud and Oppreffion Detefted and Arraigned.
J 37
The Conclufion, Atteftation and Proteft of
the Author.
I€ not irnpomhlc^ hut t^at the 6tn& sSeaher map hnoln much mojc concctniug
the Satd.O of Nations, Treaties, Trade, Alliances, an& Commerce, then UJhut
the Sllutho? h®th rccolfeach anh mcntioneh in thiSf toheeein he toilt fo
much paiitiEi anb ttahel to beted; anb arraign both f raub anb #pp?effton. 25ut
fince manp men claiming unber hi? ^tbminiflration the €ffett^ of other mensf
<0tlatesfj bjere berp boabtful either of hi^ S^iUgcnce in the p^ofecntton cf their
Common 0ightj o? of hib f ibelitp in renb?iitg a Sluff ^Hccount of lib Sdionb^ in re^
garb thep hub no Jlicturnb of their particular Conccrnmentb, after all thofe J5ecom=
tnenbationb ahb aHencounterb on their behalf. il^herefo2e hechofe rathfr to uubcceibe
the l©o?lb puhlicMp^ bp tljib ^Euthcnticb |larratibc of lib ^?oceebingb, then to um
bcr himfelf guiltp of Negligence o? €rro^bj bp continuing filent. (Ch^ Crieb of bibcrb
perfonb rreciteb in the ^ehcbule of €rebito?b, fol.95'.) affliaeb him^ ab the S mr Ojtu?
nitieb of otherb obligeb him (all p?etcitbiiig tpep mere bought anb folb) to ufe bib Uu
tnofl (iEnbeabourbfo?their ^atibfartionastbContent J notonlp at the Council Table,
but cben at the Parliament Doors, bemouftrating boththeitj anb hibotpn<0jiebam
eeb anb #pp?efftonb in o?ber.
I©heu the King toab moft happilp llefto|eb to hib Crown anb Kingdoms tidclbe pearb
after the mojl ha?rib 3(^urther of hib father ^ Englifh-men beliebeb thep ihoulb finb no
biffjcultpin obtaining their tlight^ from fojraigncrpj bp the feafonable interpohng
ofNib^dajeftiefoj 3iubj^^ ♦ Neberthelefb t|cpmet bjithlong ^ chargeable ^[^ebatejS
tojith thei r3il bberfarieb in Holland, tphieh bjere compjiseb in a €reatp at London foj
their melief^ in the fear 1662. that brought them into a bJO?fe Conbition then thep
tocre before, fet the Author being intereffeb in theCfliateb of <;&ir William Courten anb
^irPaul Pindar J fojyoool. fterl.(in JSight Of hib firjt l©ife) h^ paib atoap (bona fide)
1^001, tnthe pear 1663. to ^^ir William Powell 25aronet, John Whitfield anb Henry Soam,
out of hib ohm Cfliate, fo? the JUcCgnation of their SIntereft in the Bona Efperanza, anb
Henry Bona Adventura^ to CO?robO?ate hib ObJU Title anb ^fibmiuiftratiOU to the Damages
rpcepteb fo? ^atibfaaion bp the faib €reatpj anb afterSnarbb confirmeb bp fpecial
Ci?ant unber the <!5?cat dt>eal of England, fo? effectual JSeparationb t a©hieh being
put in €recution, he bjab committcb bp #?berof the CounciL25oarb to the Fleet, in
the fear 1666. luithout anp p?ofecution againb him, anb a ^Reclamation alfo ijfueb
cut, (tofufpcnb the Kings (0?ant unber the <0?eat^eaT contrarp to allTlcaron 0?
N?eftbent, upon bare ^EllegationP of futh common €lapmourp, anb their ^bhe=^
rehtb, ab appearb in the €afc llatcb, anb bcpcnbing bcfo?ethe Subgeb ^elegateb,
fol.123. Chen a ^econb €reatp happcneb at Breda, luhich fameb < in a ©uteh ^tile)
to gi^o?tific the J>ubiettb JSightb anb N?opettieb» ^^Ut a ^^cconb ll^ar rebibeb them
bp fpeeial #?berb of the Council Table.
^he Author further affirmb, 'Chat habing p?ocureb a Nafpo?t from the States,
Jnitljout artp other ^bcrf^5lld: than trabclling th?ough Holland luith Ketterp anb 3(u^
llrudionb from the King anb Council, concerning the NRcmifep, to the Jlo?b^ SEmbafta'
bo?p €rtrao?binarp anb Nlenipotentiariep from Nib Majefty to the French King, anb
States General at Utrecht, in the f car 1672. intimating the feafonablencfp of the time
fo? iSeparation to the perfonb intcreffeb anb. injurcb, tlje 3[u|Iice of their €aufe, anb
l^i^r Majefties €arc in N?ateding them, bpTtecoberp of their Sfutl ilightb ' Ne the
faib Author mab committcb to NRifo" in the Hague bp the ^^tatcjs? of Holland, ab an
€nemp to their €ountrp, tohere he reraaincb fubjed: to all manner of 3Ilffrontb bm
ring the lalf J©ar : Che Flfcall, anb otficrb of tlje States Officers p?cfenting him Inith
a «©ittth #?ation, mabe bp tpcir Orator, to the States General, on thcir bap of CrT
iimpft after the .^ea^fight inith <®cncral Monk the5©uheof Albemarle, in the fear 1666.
Che Orator; recounting the 451 g?P of their j^id0?p, fetp fO?th che fmall beginnings of that
Commonwealth, the wonderful Providence of God in their Prefervation, the Enormous Wars en-
filing, the Prudence of their Coverriours, the Valour of their Commanders; ^nb aftcriuarbjf
gUOteb Tobias Major a Lutheran, affirming, Nulla Ecclefm Reformata retenuit Epifco-^
fos
138 Fraud atld OppreffionDetefted and Arraigned.
pes nifi Papaturientes Brit ami: IjCttCf CdltclutirjSj It is the glory of the day to lee St. Pml'i
Presbytery prevailing againft the Pope's Prelacie, Publick Liberty againft Opprefllng Tirann y
their juft Arms againft a Proud, Superftitious, Prophane, Debauched, Lazy, Deceiptful, per-
jured Nation of England, concluding, Hac fecit Dens ipp foligloria.
'CfjijS ftafe Slanguage and otftet afflittion^ tocre intiurc0,after tljelof^S anil ejrpence df
(Ctoentp fitie pear^ ana mahp t||oufanij pounUjS (in tlje ^jofecution of )ufl
manil^) fo? ioljiep Ilio Cgatc in London anii Richmond, to tl^c Oaiue of yoo 1. per
Annum remaill.O in Sl^OUgage, ano tojn in piccCiS ftp ,if>ir Fredrick Hyde, Thomas Cblman,
JohnLetton, NathanaelLetton, aitO Edward Holmwood. ^Ultl^OUgl) a COnfitieyaMe funt
Of !2l?onep Vua^ agtaO ftp tlje la^i Ci:eatp_, to fie paib 6p tfje States in Pattaconcs, to
taftc off ti^e CiaimouriO concerning tl^e Bona Efperanza anb Henry Bona Adventura, inl)ic|^
a^ajcflp Ijatl) beclarcb upon IHecojD, in fji^i SlctterjS ^^atentjer in tj^efe
tno2ii^s, mentioning tfje ^^crfonis intcteffeii in tlie ttoo .^Sfjipji anb tj^etr Slabing :
Whom we take ow felves in Honour and jujiice, concerned to be fatisfed and re-paid.
net after all tpi^o, tfje ^utlio? bia^f Committeb to tl^e Gate-houfc bp another #?ber
of ti^e Council Table, iuitbout ^atl 0^ StBainpjife, foiabbreffing l)imreIftoitf)otbcrj@f
in an fjumble toap to tlic King and Council, foj fome reparationiEf anb fatTofattion
in tbeir jiiji s!5emanbjS^ mentioncb intlje ^Hbbertifementjsfj after tfje^nfioer to t|)e
Dutch (^mbaflabo?30E 3i^emo?ial in tlje izz Page.
€f)e Author alfo afftrnfO anb pjotefiiS, tljat fje fiatl^ not bireolp no? inbireolpi re#
ceibeb tlje leafi fatiofactionupon all Iji^ ^^jocefj^ i ilccommenbationjefj ilcgueflsr anb
3^?oceebingi6r thereupon^ at borne, 0? ab?oab i no, not fomucb ao tEat fmallpjo#
portion of ^onep, Majefty toa>^ mofi graciouflp pleafeb out of fiountp
anb gmbnefo, to grant Ijiin ao anSllIotoancebp a €alIpof loooo I. upontbe Cuflomier,
toinarbO tfje fati^ifaition of j>ir Paul Pyndar's great biffiurfementsf fo? tfje late King, in
i)isi <D?binarp anb i©omeliicft 5(lffairjS, before tlje pear 1640. get tbe papment tbere«
of i^^ objiruaeb anb ^oji-poneb bp fome a?ini|tcrsi of ^fetate, altbougb t^e <l5?ant
fo? it libeUJife patl'eb unbcr tbe 45?eat j&eal of England;
€befe tirange p?a(ticeo mabe tbe Author to conclube, tbatanp fll^an tgat fufferis
tmoer fuel} unfupportable 4B»?iebance3Sf anb ^ppjefltomef (tbitbout complaint to tbe
parliament; in a €ibil<0obernment, tobti^ttbe King can bo no to?ong •> betrap^ not
onlp bi 0 oinn €aufe anb Sinnocencp, but tbt Rights, Liberties anb Properties of tbe .j^ub^
jcrtjS , anb bcfcrbe^f to be punilbeb mo?e fo? biiS^ ftlence, tben otber fll^ojtaljS, fojbtiS
fuffering?^: SMtbougb it isf abulgar opinion in tbiS^ Sfige, tbat be iiS a fool 0? a
Sl^ab man, tbattbinfe^f to get anpiligbt, againfi a Hollander 0? a States-man.
^otu tbe Author ftnallp mafeej^ bi^ .jSoiemn ^?oteb, bp all tbat is? ^acreb anb
Siu|li (Cbat be botbjs bimfelf obligeb to perfebere, anb ufe biJf befi eubeabourjS bp
all lalnful toapiS anb meanjsf, in acquiring fatii^faaton anb reparations?, in all, anb
fingular tbe pjemife^s fo? bi^ objn Snbempnitp i anb fo? ebcrp one tbat Claims?
unocr bis? 3Sibminibtation, p?opo?tionablp to tbeir juji anb refpeaibe ©ebtj#,
5^ammage^ anb S^emanb^ mbatfoeber.
Fiat Juftitia, ruat Ccelum,
oiBum Feb. 12th. 1677,
George Garew.
F I 3\Ci s.
T
lol
An INDEX.
He CASE between Sit ff^iHiam Courten and his Partners in the Linnen?
Trade. — — ^ ^
The decretal Order of the Prerogative Court inMis.H^hites Ci(e. ——— g
H
The Ballance of the Books in the Linnen Trade. .— _
Mr, James Moei'is Atteftation concerning the Accounts of that Trade. — ^od
A Narrative ofMrs. Hefiers Whites Cafe — —— lo8
Judge Hydes Report upon Mrs. Whites Cafe^
The Cafe concerning the Ships Bona Efperanza-) and Henry Send Adventurd, —— 3
The Cafe Stated between Carew and Fergens. ——•— 29
The ]udgcs Advice and Opinion upon it. 3®
Order of the Cuuncil-'Xable, and Reference concerning the Ship Bona Ejperanza^ See. 3 4-
The Lords Report to the Ring upon the Reference —— S'y
The Rings Letter to the Duke of Bttckjugbam, and the Earl of AHington at Vtrecht 3^
The Opinions of the moft Eminent Common Lawyers, and Civil Lawyers in p
England concetnia^ the Ships Bona Efperanza, and HenryBona Adventura, J
The Hutch Advocates Opinion concerning the fame, —————————
Letters Pattents for cfpecial Reprifals againff the States-General and their Subjects,
Twelve Confiderations upon thole Letters Patents ' '"i 1 ij
Letters Patents to Courten and his Partners for the Eajl-India Trade. —— §3
Twelve Reafons annexed to a Petition forRcnewing that Patent. ——• 100
The Patent from the States.Ceneral for a new Wefi-Indta Company An. 1674.. - — 75
A true Relation of the Hutch Eaji-India Companies affairs, Trade and Corn-?
merce Anno 1666 — — •
Several Affertions concerning the Title and Intereffof Sir William Courten and >
his Heirs to the Ifland, and Plantations of Barbadoes. — V
A Schedule of Sir William Courtens and Faul Pyndars Crcditots 55
An Apology for the Creditors — — 49
A Petition of Ihomas Kymflon and others to the King and Council, concerning?
fatisfa6tion for the Bona Efperanza^Skc. S ' ^ ^
T wo Orders of the Councel-Table, concerning EngHJh Complarnts againft thcHmch 112
The Fifteenth Article of the Treaty with the States-General Anno 1662. and^
the particular exception concerning the Ships Bona Efperanza., and Henry Bo»a\ 47
Adventura.' — ^
A Certificate of the Kings Commiffioners concerning/iterw inceptam profequi. - 4^
The Cafe between Caren? and Boudaen. —■.—— 3^
The Hutch EmbairadorsMcraorial concerning EngUlh Damages, and Lofes.. . 114
AN INDEX.
Fol.
Tihe Anfwer of the Creditors of Sit Paul Findar and Sir Will am Court en to the ii^
"Dutch Memorial.
Several Remarques upon Mr. Fergeni and Boudaen.
The Cafe of Sir Edmond 'turner and Mr. George Carerr Stated.-
-The Autliors addrefs to the Lords of the Gomcel-'table.-
Fourteen Reafons and Arguments for confirming Sir William Courtens Grant
concerning the Eali-Indta Trade —
120
114.
I23
^7
Inftru<9:ions to the Faftors and Merchants imployed in Courtens Eaji-India Trade— 128
Several Confiderations concerning a free Palfage for EnglilK Ships through the? 130
River of Scheld to Antwefp., —%
- The Authors Addrefs to the Lords Spiritual and Temporal in Parliament, 104
T-welvefekft Articles of the Treaty at Munfier,Ann9 1648. whereby the Englifhp
werelhut out of the River Scheld, againftall natural Right , and the Burgun > 9}
Treaty,- ^ ^
The Authors Addrefs to SitLionelJenhjnsEvcihdiffzdout Extraordinary,andPleni- j
potentiary at Nimegen ■"*— y
A Relation concerning Captain CottereV, and the Frauds and Pradifes of Lon>ne-7 yj
Draggers.. — —
The Authors Addrefs to the Houfe of Commons, concerning the improvement of/
Navigation and Trade. —— ^ ^7
Several Advertifements concerning the Hollanders, their performance of Leagues V . ^
and Treaties with Soveraign Princes. j °S
Six Scled Articles of the Treaty, between the King of Great Brittain and the? , .
States-General at Breda t ddy. — -S ' ^
Three Seled Articles of the Treaty between the King of Great Brittain and the? 50
King of 166^ ' - y
*
Six Seled Articles between the King of Great and the FrenchKixig An.i66y 51
Seven Seled Articles between the King of Great and the Crown of? 52
Spain Au, \66y — « — J
A Patent of Priviledges Granted by the King of Spain to EngUfls Merchants / 53
Anno 1545. . —— —— —— Vi
■ The States of Hohnd theit Letter to the Magiftrates of Amflerdam, to interdid ? 54
themfrom doing Jufticeto the Afligns of Sir Paul Pyndar. — %
A 2
Mr. Marh^ Fletchers CoXt ■" " ■ ■ — Idem
Six i
5ix Seled Articles of the Treaty between Henry the Seventh , King of England} g
and Philip Duke of Burgundy , for the Freedom ofpalTage through Scheld, See. S ^
The Authors Addrefs to the Merchant Adventurers .—— Idem
■■ The Authors Petition to theKing ^ —^— —
The Lord High Chancelor, and the Lords Chief Juftices Opinion and Report > jog
upon the Kings Reference An- /
The Authors Conclufion, Atteftation and Proteft.
■137
- F I 3^1 S.
ny
A Toflfcript
The CASE of the Creditors and Legatees
of Sir Taul Vjndar concerning the Fee and Perqui-
lits of the Office of Surveyor (general of the Cuhoins
for 14 Years after His Ma jefties niofl: happy Reftau-
ration to his Crown and Kingdoms, Humbly offer d
to the Confideration of ^ A\L IA Ad E j\f 7.
IR TmlTyndur having done many Eminent Services both at home
and abroad for the Crown of FngUncl, He applyed himfelf in the
Year 1638. to the late King for fome Reward of his Labour, Tra-
vel and Expences And then Solicited His Majefty for the Office
of Surveyor General of the Cuftoms for Three Lives, ftreh as the faid
Sir Taul Tyndar fhould Nominate and Appoint ; Which being
granted, Sir Taul nom'mnted JVi/liam Teams, Chrijiopher Medcalf
and Lawrence Speight \i\s Accoraptant, Cafh-keeper, and Steward, all his Domeftick
Servants, to Execute and Officiate fucceffively the laid Office and Place of Surveyor
General in Trulf, and to receive the Fee of 500 /■ per annum, and all the Perquifits
and Profits belonging to the raid Office, for the life and behoof of the (aid SivTaul
Tyndar, his Executors and Adminiffrators : Then Two feveral Grants by Letters
Patents were pafled under the Great Seal of England accordingly, (wx.) The Firft
unto Willi am Tootnes, and Chrijiopher Medcalf, Dated the ^th. of March 1638. And
the Second to L.awrence Speight, Dated the iph of March 1638; who was to fuc-
cccd after the Deaths of William Toomes and Chrijiopher Medcalfxe^peCtivtly,
Sir Taul Tyndar having procured the faid Patents at his own proper Cofts and
Charges 5 And alfo disburfed feveral other great fums of Money incident thereunto,
put the faid William Toomes into the aftual Poffeffion of the faid Office ; who ac-
counted for the Fee of 500 I. per apnum, and 500/. more out of the yearly Profits,
unto the faid Sir TaulTyndar, keeping the Remainder (by agreement) for his Ser-
vice and Deputation. S'mTaulTyndar being then at fbme difference with his Part-
ners the Farmers of the Cuftoms, concealed his purpofes, and left the Farm for Two
Years ^ but procured the G\dChriliopher Medcalf, to Sign and Seal a Deed in the
Month ofjlpril 1639. declaring the Truft for William Toomes, his Heirs and Aflignesj
And likewife Lawrence Speight by another Deed in the Vlonthof 1(339-
declare a Truft in the fame nature : And the faid William Toomes in the Month of
yune 1639. his Deed Poll to declare, that He, and his Heirs, Executors and Ad-
miniftrators, fhould ftand and be feized of the faid Office, Fee and Profits during
the Lives of all the faid Three Patentees fucceffively, to the only proper life and
hthoo^ TaulTyndar, his Executors, Adminiftrators and Affigns.
The faid William Toomes being fb poffefled of the faid Office, accounted to Sir
Taul Tyndar ViVixW Midfbmer 1641 when the Cuftoms were taken away from the
Farmers by the Ufurped Powers, and new Officers placed by a Committee for the
publick Revenue. And it fb hapned that Sir Taul Tyndar being very deeply enga-
ged to divers perfbns for feveral great fums of Money, dyed in the year 1650. and
left the faid William ToomesExecutov of his laft Will and Teftament, who took upon
him the execution thereof^ And in the Year 1655. became ajelo de Je, whereby he
forfeited all his Goods and Chattels, as a Deo dand, that he had in his own Rights
which were feized by OliverCromwels Officers, together with the faid Letters Patents
afid other writings belonging toSir Taul Tyndars Eftatc.
^ J Voflfcript.
Then Letters of Adminiftration de bonis non^ of Sir Tatil Un-ad-
miniftred, were granted to Sir Williant Towel Baronet, and others; Who upon Eh-
■quiry, lately found out, that the (aid C hrijiopher MedcalfnY>cr\ the Kings moft happy
Reftauration, entred into the pofleffion of the faid Office, having taken out an Ex-
emplification of the laid Patent, and became accountable to the Adminiftrators of
the laid Su TaulTjindar towards payment of his Debts, and performance of his
Will : But fbon after, by the Contrivance, and Indireft Praftiles ofMnd/wow iV//d-
dletoti, and Richard Toomes, who by finifter means had gotten the faid TwoOrigi-
nal Patents into their Hands, and the Declarations of the Trulf, only Signed by
Medcalf And Speight, the fSid Richard Toomes pretending himfelf to be the Heir of
William Toomes^ did upon Ibme underhand agreement with Middleton, ^conceal-
ing the Truft in William Toomes for Sir Taul Pyndar) by his Indenture, Dated the
fifth day of November 1660. Grant and Aflign the laid Letters Patents, Office and
Fee of the laid Surveyer General to the laid Simon Middleton'-y and all the benefit
and advantages thereunto belonging, unto the faid Middleton^ His Heirs, Executors
and Affigns, during the Lives of the find MedcalfAnd Speight 5 which in Right and
Equity, belonging to the Adminiftrators of Sir Taul Tindar. Whereupon the laid
Simon Middletonhe'mg Conlcious to himfelf, that the Fee and Profits of the laid
Office, belonged to the Creditors and Legatees o( S'lvTaul Tyndar^ he applied him-
ll'lfto William Rumbold And George NicholarECqsj who pretended they had obtained
Grants of the faid Office from His Majcfty, during the Kings ablence for Ibme lervice
done. And lb the faid Middleton, for a conliderable Sum ofMoney paid him by the
faid Rumbold And Nicholas, Surrendred the faid two Original Patents for the Lives of
Medcalf And Speight into the Kings hands, notwithftanding they were Granted for
Sir Taul 'P^'W^rs ufe, Benefit and Profit 5 which ought to be applied during the
fpaceof 14 years, that Medcalf 'And Speight lived after the laid Surrender 5 and that
the faid Rumbold and Nicholas entred into the laid Office, and received the Fee, Per-
quifitesand Profits thereof, to the great Grievance and Oppreffion of many Or-
phants and Widows, Claiming under Sir Taul Tyndar, who was Dilpoiled and
Sequefted of alTBs other Eftate. i i'
Now, forafmuch as theAdminiftrators,Creditors and Legatees of Sir T aulTyndar^
have no where elfe to fly unto for Redrels and Reparations according to the merits
oftheCaule, but to the Juftice of a Parliament 5 That the {Nxd Simon Middleton,
and the Executors and Truftees of J4 iHiain Rumbold, and George Nicholas, (the faid
Richard Toomes being an Indigent Perfon.) may be compelled to refund the faid
Moneys gotten fo itrdireaiy into their hands, contrary to all Moral Principles, and
Common Juftice.
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