THE
COMPLAINT
OF
Rob.
Oxwick
,
and
Company
,
OWNERS
OF
THE
SHIP
ENDEAVOUR
:
AND
OF
Ri
.
Baker
,
and
Company
,
Proprietors
of
the
said
SHIPS
Lading
,
both
amounts
to
16587.
l.
against
the
French
,
of
their
Proceedings
,
want
of
Justice
,
and
Satisfaction
.
THese
Witnesses
were
examined
by
the
Judges
of
the
Admiralty
,
the
French
Ambassador
being
notified
,
and
the
dayes
for
monition
put
on
the
Exchange
;
John
Bowers
,
John
Farpley
,
Will
.
Tustin
,
Henry
Teat
,
William
Jopp
,
Tho
.
Humphries
;
all
of
them
depose
;
how
that
four
French
Ships
under
the
command
of
Giles
de
la
Roach
,
belonging
to
the
Marshal
de
Mil
Ree
,
did
take
the
Endeavour
the
21
of
November
,
1655.
with
three
hundred
and
thirteen
Pipes
of
Canary-Wines
,
and
other
Goods
near
the
Canaries
,
where
they
laded
the
said
Ship
,
and
were
sailing
for
London
,
for
the
accounts
of
Richard
Baker
,
and
Company
,
all
English
Merchants
,
and
laden
in
Tenerife
by
English
men
their
Factors
.
That
the
said
Ship
belonged
to
Rob
.
Oxwick
,
and
Company
,
built
in
the
River
of
Thames
,
and
all
her
Owners
also
English
men
.
After
the
English
were
so
taken
,
they
implored
de
la
Roach
,
and
others
of
the
French
Commanders
to
put
them
on
some
of
the
Canary
Islands
,
and
afterwards
on
Cape
de
Verde
Islands
:
answer
was
made
them
,
that
they
should
not
be
set
on
any
Christian
shoar
,
for
they
would
not
have
them
to
get
home
to
England
to
tell
Tales
.
That
when
the
English
asked
them
wherefore
they
took
them
,
and
not
three
other
English
ships
that
were
within
a
League
of
them
?
they
answered
,
that
if
those
Ships
in
sight
were
for
Spaniards
accounts
and
laden
with
Wines
,
that
they
would
take
them
,
and
set
their
Ship
at
liberty
,
for
that
they
had
no
Commission
to
take
English
;
although
they
had
met
with
divers
English
ships
they
had
not
medled
with
them
.
That
they
could
not
obtain
any
Commission
against
the
English
,
they
having
stayed
in
Rochel
many
daies
,
in
expectation
to
have
procured
a
Commission
before
their
departure
.
That
they
knew
that
the
Peace
was
made
betwixt
France
and
England
.
That
they
were
ordered
to
go
for
Lixboa
to
have
taken
in
Wines
for
their
Provisions
,
for
Malagasca
,
and
the
Red
Sea
,
whether
they
said
they
were
bound
,
but
were
hindred
by
contrary
Winds
,
which
was
the
reason
they
resolved
to
go
to
the
Canary-Islands
,
knowing
that
they
should
be
supplied
thereabouts
,
it
being
the
season
of
the
year
,
that
if
they
had
been
laden
with
any
other
Merchandice
,
they
would
not
have
medled
with
them
.
But
their
necessity
was
great
for
the
Wines
for
their
long
Voyage
,
but
assured
them
that
their
Setters-forth
were
very
rich
men
,
&
well
able
to
pay
for
the
Ship
and
Lading
,
and
believed
that
they
must
make
satisfaction
for
the
same
.
That
they
afterwards
set
the
Master
,
and
thirteen
more
of
the
English
,
(
having
stript
them
,
and
most
cruelly
used
them
)
ashoar
in
Guinny
amongst
the
barbarous
Negroes
,
leaving
them
no
other
sustenance
than
one
hundred
weight
of
Bisket
,
and
a
Pipe
of
Wine
,
where
they
were
fifteen
Weeks
in
great
perill
and
hazard
of
their
lives
,
and
then
by
a
miraculous
providence
met
with
an
opportunity
of
Transportation
in
a
Flemmish
Vessel
.
That
they
carried
away
with
them
violently
the
Master
,
his
Mate
,
and
all
the
rest
of
the
English
in
their
Ships
,
together
with
the
Endeavour
,
and
her
whole
Lading
,
two
of
the
English
afterwards
in
another
place
in
Guinney
cast
themselves
in
the
night
into
the
Sea
through
a
Port-hole
,
and
most
strangely
escaped
,
and
afterwards
got
for
England
.
These
proofs
as
they
were
commanded
to
be
taken
by
his
Highness
special
Order
,
so
the
Judges
of
the
Admiralty
were
commanded
to
remit
them
for
Paris
,
which
were
Sealed
by
them
,
and
sent
accordingly
.
And
by
order
of
the
Kings
Council
they
were
translated
in
French
in
the
year
1656.
His
late
Highness
was
gratiously
pleased
to
write
his
several
Letters
to
the
King
,
and
Cardinal
,
dated
in
September
,
1656.
and
in
June
1657.
pressing
that
Justice
might
be
done
us
;
and
as
well
his
said
Highness
,
as
the
Right
Honourable
his
Secretary
Thurloe
have
also
wrote
several
Letters
to
the
Lord
Lockhart
,
that
he
should
urgently
use
his
intercession
for
the
same
,
according
to
the
Treaty
by
which
it
is
capitulated
,
that
within
three
months
in
all
such
cases
Justice
should
be
done
.
The
Ambassador
the
Lord
Lockhart
interposed
,
when
our
proofs
and
Petitions
were
presented
in
the
Council
,
yet
notwithstanding
they
would
not
admit
them
before
they
had
given
advice
thereof
to
the
Marshal
de
Mill
Ree
,
and
that
they
had
his
answer
.
Then
after
some
months
they
permitted
us
to
proceed
in
the
course
of
Justice
,
and
made
a
Decree
that
the
said
Marshall
should
appear
by
such
a
time
,
but
neither
he
,
nor
any
other
for
him
doing
it
;
Whereupon
we
obtained
a
second
Decree
from
the
King
,
and
Council
,
dated
the
27
of
January
,
16●6
/
●7
.
that
the
said
Marshal
should
have
yet
two
months
time
more
to
make
his
appearance
for
his
discharge
or
defence
,
before
Judgement
should
be
given
.
The
20
of
Feb.
following
we
caused
the
said
Decree
to
be
notified
(
to
our
great
charge
and
hazard
.
)
And
the
8.
of
May
1657.
testimony
is
given
by
the
notary
of
the
Council
,
that
neither
he
,
nor
any
other
for
him
had
appeared
,
but
stood
out
in
contempt
,
and
rebeldia
.
Then
the
Lord
Lockhart
,
and
our
Agent
prest
urgently
for
a
hearing
,
and
for
a
sentence
,
which
according
to
Justice
,
and
to
their
proceedings
and
Laws
they
ought
to
give
us
;
and
it
was
the
first
of
September
,
1657.
before
the
Court
could
be
got
to
hear
the
cause
,
and
their
sentence
was
:
That
they
the
Court
should
write
to
the
King
to
beseech
his
Majesty
that
he
would
write
to
the
Marshal
.
The
sixt
of
October
following
,
the
Master
of
Requests
was
to
be
sent
into
Brittany
,
by
the
Order
of
the
Council
,
to
recover
our
monies
of
the
Marshal
.
The
2.
of
January
1657
/
58.
the
Master
of
Requests
returned
from
Brittany
,
and
then
they
offered
our
Ambassador
8000
Pistols
composition
.
Seeing
that
we
could
have
no
Justice
in
France
,
we
returned
to
make
our
reiterated
Complaints
to
his
Highness
of
their
proceedings
,
and
Petitioned
again
for
Letters
of
Reprisal
.
Whereupon
,
The
25
of
March
1658.
his
Highness
Council
of
State
ordered
that
the
Judges
of
the
Admiralty
,
and
his
Highness
,
together
with
his
Advocate
,
should
examine
and
peruse
our
Papers
,
and
give
their
Judgements
thereupon
,
and
to
report
the
same
.
The
said
Judges
,
and
his
Highness
Advocate
did
unanimously
certifie
,
that
we
ought
to
have
restitution
for
the
Ship
and
Goods
,
with
dammages
amounting
to
16587.
l.
for
that
it
was
a
foul
spoil
done
contrary
to
the
Treaty
,
Laws
of
Nations
,
and
common
right
.
The
10.
of
June
ensuing
,
the
same
was
seen
by
his
Highness
Honourable
Council
,
where
we
continued
to
Petition
for
Letters
of
Reprizal
for
our
Reparation
,
many
Families
as
well
as
Persons
being
hereby
ruined
;
it
was
Ordered
by
the
Council
,
That
Mr.
Secretary
Thurloe
should
send
Copies
of
the
said
Report
,
with
his
Letters
,
both
to
the
French
Ambassador
,
and
to
the
Lord
Lockhart
,
desiring
them
to
make
their
Addresses
,
that
sudden
satisfaction
shoud
be
given
us
,
which
effectually
his
Honour
wrote
presently
,
and
the
same
were
delivered
.
In
order
thereunto
the
Lord
Lockhart
wrote
to
Count
Bryene
the
Secretary
of
State
,
how
that
if
they
gave
us
not
satisfaction
,
Letters
of
Reprizal
would
be
issued
for
the
Relief
of
the
English
,
for
that
his
Highness
could
not
be
so
tender
of
others
Subjects
that
had
done
the
wrong
,
as
of
his
own
that
had
received
it
;
but
all
hath
not
availed
,
for
we
can
get
no
satisfaction
.
When
they
had
notice
in
France
of
our
Petitioning
for
Letters
of
Reprizal
,
and
that
the
Judges
of
the
Admiralty
were
commanded
to
make
known
to
his
Highness
,
and
to
his
Council
of
State
,
the
case
,
and
how
barbarously
and
cruelly
they
had
used
us
contrary
to
the
Treaty
.
Then
we
received
advice
from
Paris
,
dated
May
22.
1658.
in
these
words
:
There
is
a
decree
against
you
here
,
and
Monsieur
Petit
our
Ambassadors
Agent
desired
to
have
it
out
,
but
they
will
not
give
it
,
the
Master
of
Requests
hath
been
much
against
you
,
yet
he
saith
he
is
not
satisfied
in
it
yet
,
so
it
is
like
that
they
Repent
it
.
By
another
of
the
26.
of
the
said
month
,
It
is
very
true
that
they
have
condemned
your
Ship
as
lawful
Prize
,
but
how
the
condemnation
is
I
know
not
,
for
they
will
not
give
it
out
;
by
which
you
may
perceive
their
Justice
,
and
the
Reporter
Busherat
,
(
much
against
the
interest
of
English
)
confessed
to
Mr.
Petit
,
and
Mr.
Morrel
,
that
it
was
not
done
according
to
a
legal
course
of
Justice
.
The
16.
of
June
,
Your
Counsellor
hath
petitioned
the
Court
for
a
Copy
of
your
papers
,
and
of
the
sentence
,
but
it
is
denied
,
saying
,
that
they
are
in
several
mens
hands
,
and
that
we
could
not
have
them
.
The
27
of
July
,
That
the
Papers
cannot
be
got
;
nor
will
they
,
except
his
Higness
desire
them
.
It
is
advised
that
the
Secretary
of
State
hath
40000
Livers
Stock
with
the
Marshal
de
Mil
Ree
in
the
Malagasca
design
.
We
have
had
an
Agent
in
Paris
upwards
of
thirty
months
attending
this
business
,
who
was
never
advised
that
any
sentence
was
to
be
given
,
but
it
was
secretly
done
without
any
notice
,
or
our
Council
so
much
as
being
heard
,
when
for
sixteen
months
before
we
were
daily
pressing
the
Court
for
a
hearing
,
and
for
Justice
.
It
is
presumed
that
they
grounded
their
sentence
on
the
dayes
,
as
if
by
the
Treaty
they
might
lawfully
then
take
us
,
and
not
be
liable
to
make
restitution
.
And
that
Monsieur
Burdoes
had
writ
to
their
Secretary
Count
Bryen
,
that
Mr.
Secretary
Thurloe
had
allowed
him
fifteen
dayes
more
than
were
at
first
agreed
on
,
unto
which
his
Honour
hath
answered
,
that
he
never
gave
any
such
dayes
.
They
carried
the
Ship
,
lading
,
and
Men
directly
away
with
them
,
and
never
brought
them
to
any
Port
in
France
,
or
Judicature
,
or
Condemnation
,
&c.
This
was
done
by
their
own
private
Authority
,
knowing
of
the
Peace
without
Commission
,
Examination
,
or
Condemnation
by
any
Court
,
wherefore
they
can
pretend
no
colour
for
their
taking
us
,
for
by
the
French
Law
it
is
most
expresly
forbidden
,
that
none
by
private
Authority
shall
set
out
ships
to
Sea
,
though
against
the
enemies
of
France
,
without
Commission
;
wherefore
they
so
cruelly
and
barbarously
used
the
English
,
and
carried
them
away
to
conceal
the
crime
committed
,
and
the
punishment
due
to
them
for
their
so
doing
,
to
Friends
in
the
time
of
Peace
;
yea
when
they
knew
that
there
was
a
Peace
,
carried
all
away
,
Ship
,
Lading
,
and
Men
,
which
by
the
French
Law
should
undergo
both
confiscation
of
Goods
,
and
Corporal
punishment
,
and
be
made
exemplary
.
By
the
17
and
18.
Article
of
the
Treaty
,
it
is
agreed
,
That
if
any
Commander
of
either
Nation
shall
take
any
Prizes
at
Sea
,
they
shall
within
four
and
twenty
hours
deliver
their
Papers
,
Books
,
Bill
of
Lading
,
&c.
into
the
hands
of
the
Judges
of
the
Admiralty
,
that
the
parties
concerned
might
have
Copies
,
and
that
the
Sea-men
shall
not
be
taken
out
of
their
Ship
,
nor
Bulk
broken
,
nor
any
Goods
taken
out
,
or
put
ashoar
without
order
of
the
Court
of
Admiralty
.
That
they
shall
not
take
out
the
Masters
,
or
Officers
out
of
their
Ships
,
unless
for
examination
,
and
for
that
not
above
two
or
three
of
them
,
and
they
to
be
brought
to
the
Judges
of
the
Admiralty
within
four
and
twenty
hours
,
and
they
are
to
be
set
at
liberty
,
that
they
may
follow
their
business
as
they
shall
think
fit
.
Now
these
that
have
done
contrary
to
all
Law
,
may
perchance
alledge
Law
by
way
of
pretence
out
of
the
penning
of
the
Articles
of
the
Peace
,
and
would
ground
themselves
on
a
part
of
the
Third
Article
.
That
what
shall
be
taken
on
any
pretence
after
fourteen
dayes
next
after
the
Publication
,
shall
well
and
truly
be
restored
.
That
the
present
Treaty
shall
within
fifteen
dayes
,
or
sooner
if
it
may
be
confirmed
,
and
ratified
in
due
and
authentique
form
by
both
parties
,
by
their
Letters
Patents
under
their
Great
Seals
;
and
that
Instruments
of
Ratisication
shall
be
delivered
interchangeably
within
the
time
aforesaid
;
and
furthermore
that
this
Treaty
and
Consideration
shall
immediatly
after
delivery
of
the
Instruments
be
published
.
-
1.
The
Treaty
or
Peace
is
made
the
3.
of
Novemb
.
new
stile
,
or
the
24.
of
Octob
.
old
stile
.
-
2.
By
the
28.
Article
,
Publication
is
to
be
made
immediately
after
the
Ratification
,
and
the
Ratification
is
to
be
made
within
fifteen
dayes
next
after
the
third
of
Nov.
New
Stile
,
or
24
Octob
.
Old
Stile
,
or
sooner
if
it
may
be
.
So
add
15
dayes
to
the
3.
of
Nov.
New
Stile
,
is
the
18.
and
add
14
dayes
to
that
upon
that
part
of
the
Article
,
for
what
shall
be
taken
after
fourteen
dayes
shall
be
restored
,
falls
out
the
2.
of
Dec.
New
Stile
,
or
the
22.
of
Nov.
Old
Stile
,
1655.
and
they
seized
the
English
Ship
the
21.
of
Nov.
Old
Stile
.
How
vain
and
falacious
is
this
Reckoning
,
and
Objection
?
1.
By
considering
the
scope
(
even
declared
)
and
true
meaning
of
the
whole
Treaty
being
all
well
weighed
(
concerning
this
Case
)
put
together
as
they
ought
,
and
must
be
,
and
not
single
out
a
particular
part
of
an
Article
by
it self
,
as
the
French
might
be
imagined
to
do
;
for
as
the
Peace
is
prudentially
penned
,
so
it
provides
in
the
first
Article
:
From
henceforth
shall
be
a
firm
Peace
,
Amity
,
and
Alliance
betwixt
the
Nations
.
So
the
Third
Article
;
From
henceforth
(
that
is
the
3.
of
Novemb
.
1655.
New
Stile
)
all
acts
of
Hostility
shall
cease
on
both
sides
,
as
well
on
the
Sea
,
as
at
Land
,
&c.
Peace
was
then
made
the
3.
of
Novemb
.
New
stile
,
all
Hostility
from
thence
to
cease
;
all
that
have
no
Commission
or
power
from
the
King
,
are
concluded
hereby
,
and
acting
without
Law
,
or
Judgement
of
any
Court
,
as
soon
as
their
King
makes
any
Peace
with
other
Princes
,
they
become
trebly
Delinquents
:
1.
To
their
King
;
2.
To
him
with
whom
the
Peace
was
made
;
3.
To
the
Parties
from
whom
they
take
and
spoil
.
't
is
not
said
that
there
shall
be
no
Peace
,
or
cessation
of
Hostility
till
publication
,
but
a
Peace
made
absolute
of
it self
;
From
hence-forth
all
acts
of
Hostility
shall
cease
,
from
the
3.
of
Novemb
.
New
stile
;
and
the
clause
for
publication
is
an
additional
Clause
,
only
to
give
notice
,
and
make
publication
that
all
may
know
the
peace
was
made
,
as
appears
by
the
very
words
of
the
28.
or
last
Article
.
And
furthermore
that
this
Treaty
shall
be
published
immediatly
after
delivery
of
the
Instruments
in
the
usual
places
accustomed
.
Ubi
denuntiatio
vel
publicatio
requiretur
solum
ad
finem
notificandi
,
Alexander
Consil
24
un
.
lib
.
4.
&
Consil
138.
lib
.
7.
The
Peace
made
,
the
last
Clause
requires
nothing
but
publication
for
those
that
know
it
not
;
and
is
the
Sciencia
,
and
not
the
Substancia
,
otherwise
the
Sciencia
would
be
more
than
the
Substancia
.
To
conclude
,
the
most
this
Clause
can
extend
to
,
is
for
those
that
were
armed
with
lawful
power
by
Commission
with
a
charge
of
purpose
,
and
did
not
know
of
the
peace
,
&c.
brought
the
Ship
,
Lading
,
and
Men
into
the
Ports
to
be
adjudged
,
and
condemned
;
were
those
for
whom
those
dayes
were
to
be
understood
that
were
mentioned
,
to
the
end
that
a
competent
time
might
be
given
them
whereby
to
hear
of
the
peace
,
that
they
might
come
in
,
which
works
the
Clause
of
the
third
Article
.
And
what
shall
be
taken
upon
any
pretence
after
fourteen
dayes
next
immediately
after
the
Publication
,
shall
well
and
truly
be
restored
,
&c.
Which
Clause
doth
not
yet
inable
the
condemnation
of
what
even
these
shall
take
after
the
Peace
made
,
though
before
the
dayes
of
publication
,
but
acquits
them
from
Delinquency
to
their
Prince
,
&c.
In
a
word
,
this
Clause
of
the
Article
are
those
meant
that
are
upon
their
purchase
,
and
armed
by
lawful
Commission
,
have
just
cause
of
seizure
,
and
shall
be
so
adjudged
to
be
,
for
after
the
Peace
made
they
were
no
longer
enemies
,
but
Friends
,
not
in
Hostility
,
but
Amity
.
Regula
est
quod
debet
intelligi
quinino
quod
libet
in
capitulis
pacis
,
expressum
debet
Convent
lib
.
27.
Tit
.
5.
m
.
6.
1
Article
;
From
henceforth
,
the
3.
of
November
New
stile
,
It
is
agreed
and
concluded
there
shall
be
a
firm
Peace
,
Amity
,
Alliance
,
and
Confederacy
betwixt
the
Nations
.
And
in
the
3.
Article
,
That
from
henceforth
all
acts
of
Hostility
shall
cease
on
both
sides
,
as
well
by
Sea
and
Land
;
Certainly
they
have
their
vertue
and
operation
,
and
they
would
have
none
at
all
if
the
words
,
from
henceforth
(
which
is
the
Turminus
aquo
)
should
not
have
its
weight
:
for
take
away
them
,
and
there
were
no
time
for
them
to
begin
at
all
,
for
it
is
not
afterwards
said
that
the
Peace
shall
begin
from
the
publication
,
which
is
absurd
,
or
from
any
time
afterwards
.
It
were
strange
and
absurd
that
the
3.
Article
should
not
only
contradict
the
first
,
but
that
from
henceforth
there
should
be
a
peace
,
and
from
henceforth
there
should
not
be
a
Peace
,
but
that
it
should
contradict
it self
,
and
should
bear
the
same
sence
,
that
from
henceforth
all
acts
of
Hostility
shall
cease
on
both
sides
,
and
yet
from
henceforth
all
acts
of
Hostility
shall
not
cease
on
either
side
;
but
both
sides
shall
act
contrary
to
Peace
,
and
use
acts
of
Hostility
till
fourteen
dayes
after
publication
of
the
Treaty
.
There
can
be
no
repugnancy
or
contradiction
in
the
Articles
,
and
comparing
them
together
,
it
is
clear
that
from
henceforth
(
from
the
3.
of
Novemb
.
1655.
new
stile
)
there
shall
be
a
firm
peace
and
amity
betwixt
England
and
France
,
and
that
all
acts
of
Hostility
shall
cease
from
henceforth
,
and
all
Letters
of
Marque
,
or
Reprizal
shall
be
recalled
and
made
void
(
as
in
the
3.
Article
expresseth
it
,
)
and
yet
for
that
already
Letters
of
Marque
and
Reprizal
are
gone
out
,
Powers
and
Commissions
are
issued
;
this
.
Treaty
shall
be
published
as
in
the
28.
Article
,
to
give
them
and
all
others
notice
that
there
is
such
a
firm
peace
,
and
Confederation
made
;
and
because
the
Peace
being
so
made
,
from
henceforth
,
all
persons
that
from
henceforth
should
act
contrary
to
it
,
or
exercise
acts
of
Hostility
,
should
be
Pacis
Violatores
,
Delinquents
,
and
subject
to
criminal
punishment
;
besides
costs
,
dammages
,
and
interest
,
to
the
persons
depredated
;
yea
though
they
had
Letters
of
Marque
,
Power
,
or
Commission
formerly
and
duly
issued
out
,
all
fell
off
by
this
Peace
,
therefore
to
prevent
such
punishment
to
those
that
were
ignorant
of
the
Peace
,
so
acting
by
Letters
of
Marque
,
Power
,
or
Commission
,
and
were
not
in
fault
by
continuance
of
their
actings
,
were
ignorant
of
the
Peace
.
A
time
was
put
for
them
in
the
Affirmative
,
only
that
what
taken
after
fourteen
dayes
upon
any
pretence
,
after
publication
shall
be
restored
,
but
doth
not
grant
them
at
all
,
property
to
condemn
what
they
shall
take
.
The
People
injured
contrary
to
the
Peace
(
even
before
the
fourteen
dayes
)
shall
be
set
upright
,
and
their
Persons
and
Goods
freed
as
in
time
of
Peace
,
firmly
made
the
3.
of
Novemb
.
and
so
all
stands
together
without
fraud
,
or
repugnancy
,
or
prejudice
,
&c.
The
property
of
Peace
consisting
in
lenity
,
tranquility
,
and
security
,
or
safety
of
Persons
,
and
Goods
.
The
Judges
of
the
Admiralty
and
his
Highness
Advocate
,
Doctor
Walker's
Report
was
thus
.
Vpon
full
Debate
and
Consideration
of
the
Articles
of
the
Peace
,
and
Laws
of
Nations
,
we
are
clear
of
opinion
,
That
the
surprizal
of
the
English
ship
the
Endeavour
,
and
313
Pipes
of
Canary-Wines
,
and
other
Goods
therein
laden
belonging
to
English
,
done
by
de
la
Roach
,
and
other
French
upon
the
21.
of
November
,
1655.
English-stile
after
that
the
peace
was
concluded
,
and
after
to
themselves
known
and
confessed
,
that
they
knew
that
it
was
concluded
;
and
when
themselves
acknowledged
they
had
no
Commission
to
seize
any
English
,
and
had
stayed
to
get
a
Commission
,
but
could
get
none
in
respect
of
the
peace
,
was
a
tort
,
&
wrong
,
&
foul
spoil
done
contrary
to
the
peace
,
and
contrary
to
common
right
,
and
that
their
owners
and
principals
are
liable
,
and
ought
as
the
said
de
la
Roach
,
and
the
French
themselves
also
confessed
they
ought
to
do
,
and
must
do
,
to
make
reparation
and
satisfaction
to
the
English
for
the
same
,
with
Costs
,
Dammages
,
and
Interest
in
such
cases
usual
;
and
allbeit
that
this
as
the
Fact
is
,
makes
the
case
the
stronger
,
yet
if
the
French
had
had
a
Commission
,
it
would
not
in
this
case
,
being
taken
after
the
Peace
made
,
have
hindred
the
English
from
restituion
by
common
right
.
We
are
all
unanimously
clear
of
opinion
that
all
requisite
,
either
by
the
Articles
of
Peace
,
or
Laws
,
or
Customes
of
Nations
have
been
fully
observed
,
so
as
his
Highness
may
according
to
the
3.
Article
of
the
Peace
,
which
allows
it
,
and
by
the
Rules
and
practice
of
Nations
grant
final
Letters
of
Marque
upon
this
special
case
to
the
English
Petitioners
against
the
French
for
satisfaction
of
their
said
losses
of
the
said
Ship
Endeavour
,
Tackle
,
and
Furniture
,
and
three
hundred
and
thirteen
Pipes
of
Canary
Wines
,
and
their
other
Goods
taken
from
them
as
aforesaid
,
the
value
whereof
amounts
to
12955
l.
and
the
value
of
the
Ship
2500
l.
her
Freight
782
l.
the
Seamens
Instruments
,
Cloaths
,
and
Goods
350
l.
the
whole
3632
l.
both
16587
l.
Thomas
Adkinson
,
an
English
Marriner
,
one
of
those
they
took
out
of
the
ENDEAVOUR
,
and
forcibly
carried
with
them
,
made
Oath
before
the
Lord
Barkstead
Lieutenant
of
the
Tower
;
How
that
the
said
de
la
Roach
did
take
an
English
ship
near
the
Bite
in
Guinney
,
and
took
out
of
her
the
Master
whose
Name
was
Fisbel
,
and
his
Chirurgeon
,
and
threw
eighteen
men
into
the
Sea
,
and
having
taken
out
of
the
Ship
what
was
good
in
her
,
they
set
her
on
fire
.
That
the
said
Fisbel
and
his
Chirurgeon
afterwards
dyed
,
and
the
chief
Mate
of
the
Endeavour
was
starved
,
and
dyed
in
irons
.
That
when
they
came
to
the
Indies
,
they
manned
out
the
Ship
Endeavour
with
intention
to
have
carried
all
the
English
to
Arabia
to
have
sold
them
for
slaves
,
but
the
Monson
(
or
Wind
)
turning
prevented
them
.
That
since
,
all
the
English
were
dead
except
himself
.
That
the
four
French
ships
had
56
great
brass
Ordinance
belonging
to
the
State
of
England
,
which
they
had
from
Prince
Rupert
.
That
meeting
with
Captain
Tayler
coming
from
the
Indies
,
the
said
de
la
Roach
fought
with
him
,
but
could
not
take
the
ship
.
That
petitioning
the
Marshal
de
Mill
Ree
in
Nants
,
he
said
that
he
must
pay
16000.
l.
for
the
ship
,
and
goods
,
and
bid
him
to
go
to
that
Bugree
Cromwel
for
his
Wages
,
and
with
other
abusive
language
.
And
further
offereth
to
swear
,
that
the
said
de
la
Roach
after
their
arrival
in
Nants
carried
him
before
a
Judge
to
declare
that
the
ship
Endeavour
and
her
lading
did
belong
unto
Spaniards
,
and
taking
out
a
handful
of
Pistols
,
threw
one
of
them
to
him
,
and
promised
to
give
him
all
those
Pistols
,
and
more-over
said
he
would
pay
him
his
wages
if
he
would
swear
it
;
and
when
they
had
notice
that
he
had
not
declared
so
,
one
of
the
Captains
that
was
with
de
la
Roach
in
his
Voyage
,
did
run
at
him
with
his
Sword
drawn
,
and
having
escaped
,
and
being
advised
that
he
should
be
kill'd
if
he
did
not
get
away
,
he
stole
aboard
of
a
Vessel
in
the
mouth
of
the
River
,
and
so
came
for
England
.
John
Stone
chief
Mate
of
the
English
ship
Adventure
,
whereof
Joseph
Tayler
was
Commander
,
declared
upon
Oath
before
the
Lord
Barkstead
,
Lieutenant
of
the
Tower
;
That
as
they
were
sailing
from
the
East-India
to
London
in
the
month
of
April
,
1656.
they
met
with
one
of
the
four
ships
belonging
to
the
Marshal
de
Mill
Ree
,
and
after
they
had
haled
them
,
and
told
them
that
they
were
of
Rochel
,
and
that
there
was
Peace
betwixt
England
and
France
,
and
that
both
were
joyned
in
a
War
against
Spain
,
and
so
desired
the
English
to
come
aboard
their
French
ship
,
which
the
English
refusing
to
do
,
they
the
French
shot
at
the
English
,
and
the
fight
continued
for
two
dayes
,
and
at
last
left
them
;
it
was
a
mercy
that
the
other
three
ships
of
their
company
were
not
with
them
,
having
lost
company
.
By
the
fight
the
English
ship
had
above
1000
l.
dammage
.
We
the
English
have
been
thus
inhumanly
dealt
withall
by
Subjects
of
France
in
the
time
of
Peace
,
doing
it
of
their
own
private
Authority
without
any
Commission
,
or
bringing
Ship
or
Men
to
any
place
for
Judicature
,
or
Condemnation
:
and
to
conceal
the
same
,
made
away
all
,
contrary
to
the
Laws
of
Nations
,
and
most
directly
against
their
own
Laws
,
and
common
right
,
and
yet
the
King
and
his
Council
have
had
no
regard
thereunto
,
but
rather
they
have
found
out
all
evasions
whereby
we
may
be
kept
from
having
of
our
right
;
all
which
considered
,
we
hope
that
his
Highness
and
his
Council
will
do
us
Justice
,
and
not
to
permit
them
thus
to
remain
with
what
they
have
so
violently
and
unjustly
taken
from
us
;
and
therefore
we
continue
most
humbly
to
desire
that
we
may
have
Letters
of
Reprizal
granted
us
against
the
French
,
for
our
Principals
,
Interest
,
and
dammages
,
(
which
in
our
apprehensions
is
a
most
just
and
modest
request
)
whereby
the
Nations
may
be
ballanced
,
(
besides
the
Justice
due
to
our
own
interests
)
for
the
English
are
weakened
thereby
,
the
Nations
being
made
up
of
their
parts
and
members
,
his
Higbness
is
concerned
in
his
Revenue
,
as
well
as
we
most
humbly
conceive
he
is
for
our
protection
,
and
in
seeing
that
the
Treaty
be
kept
.
We
the
interessed
Complain
,
and
with
us
this
whole
Nation
are
grieved
,
That
the
Marshal
de
Mill
Ree's
Ships
have
not
only
disturbed
us
in
our
Traffique
,
destroyed
our
Men
,
but
have
robbed
us
of
16587.
l.
And
consequently
prejudiced
his
Highness
133353
l.
15
s
.
The
People
of
171948
l.
3
s
.
(
that
perchance
have
starved
for
want
of
work
in
their
Professions
.
)
That
9159
l.
sterl
.
worth
of
Wool
remains
on
the
Gentlemen
,
Farmers
,
or
Grasiers
hands
unsold
;
or
that
which
is
worse
,
that
the
Wool
hath
been
carried
to
Holland
,
and
there
made
up
into
Manifacturies
;
and
that
these
seeming
improbabilities
may
appear
to
be
truth
;
We
tender
this
account
worthy
of
all
serious
Consideration
.
PROPOSED
▪
|
The
Costs
and
Charges
of
the
Goods
until
arrive
abroad
.
|
|
What
gained
by
the
People
for
labour
and
Industry
.
|
What
his
Highness
for
Custome
and
Excize
.
|
What
comes
to
his
Highness
and
the
Nation
.
|
|
l.
|
s
.
|
UPon
a
100
peeces
of
Perpetuanos
,
which
are
made
of
2200
pounds
of
Wool
,
each
peece
of
22
l.
weight
,
which
at
9
d
.
per
l.
amounts
to
82
l.
10
s
.
|
l.
|
s
.
|
l.
|
s
.
|
l.
|
s
.
|
|
350.
|
|
The
said
100
peeces
of
Perpetuanos
will
cost
the
Merchant
3
l.
10
s
.
per
peece
white
,
first
penny
,
which
amounts
to
350
l.
out
of
this
deduct
82
l.
10
s
.
the
cost
of
the
Wool
,
so
the
remainder
is
267
l.
10
s
.
which
is
gained
for
labour
,
and
industry
,
as
for
Carding
,
Spinning
,
Weaving
,
Fullers
,
Clothiers
,
Carriers
,
and
others
|
267.
|
10
|
|
|
|
|
|
17.
|
10
|
Dying
,
Packing
,
Pressing
,
Dressing
,
Drying
,
Drawing
,
Porters
,
Carmen
,
&c.
5
per
cent
.
after
it
comes
to
the
Merchant
|
17.
|
10
|
|
|
|
|
|
17.
|
10
|
For
Custome
to
the
State
at
least
5
per
cent
.
to
be
paid
by
the
Merchant
when
shipt
|
|
|
17.
|
10
|
375.
|
|
|
45.
|
|
Assuring
the
same
with
charges
,
at
10
per
cent
.
|
45.
|
|
|
|
|
|
|
45
|
|
Allow
the
Merchant
to
gain
on
his
Adventure
,
10
per
cent
.
|
45.
|
|
|
|
280.
|
|
|
475.
|
|
So
the
Merchant
must
have
abroad
for
the
100
peeces
of
Perpetuanos
,
475
l.
which
imployed
in
35
Buts
of
Wine
at
13
l.
11
s
.
5
d
.
the
Butt
or
Pipe
,
the
Custome
is
3
l.
the
Excise
4
l.
10
s
.
per
Butt
to
his
Highness
,
amounts
to
|
375.
|
|
|
|
|
|
|
|
|
|
|
|
262.
|
10
|
|
|
|
|
|
|
|
|
280.
|
|
|
|
|
|
|
|
|
|
|
|
655.
|
|
So
that
for
82
l.
10
s
.
of
Wool
,
his
Highness
hath
280
l.
and
the
Individuals
of
the
Nation
375
l.
(
both
655
l.
)
which
they
gain
for
labour
and
industry
,
in
a
Voyage
of
four
to
six
months
time
,
the
Shipping
and
Marriners
maintained
&
imployed
,
and
this
not
only
on
the
Merchants
real
Estate
,
but
on
his
Credit
,
Monies
at
Interest
,
Exchanges
,
&c.
the
material
which
is
the
Wool
is
also
paid
for
by
the
People
whither
sent
,
so
that
the
whole
amounts
to
737
l.
10
s
.
insomuch
that
this
with
its
daily
motion
is
more
than
Interest
upon
Interest
,
a
hundred-fold
;
and
thus
do
Nations
grow
Rich
,
abound
in
Shipping
,
&c.
as
the
one
spends
more
of
the
Commodities
of
the
other
,
it
most
insensibly
decreaseth
the
one
,
and
enricheth
the
other
.
An
exact
account
made
up
pro
rata
only
of
12955
l.
belonging
to
the
Merchant
taken
by
the
French
the
21.
of
November
English
,
or
Old
stile
.
|
What
would
have
been
gained
by
the
People
for
labour
and
Industry
.
|
What
would
have
been
gained
by
his
Highness
for
Custome
and
Excize
.
|
What
would
have
been
gained
to
his
Highness
and
the
Nation
.
|
|
|
l.
|
s
.
|
l.
|
s
.
|
l.
|
s
.
|
For
Custome
and
Excise
of
313
Pipes
of
Canaries
taken
in
the
Endeavour
,
at
7
l.
10
s
.
per
Pipe
,
|
|
|
2347.10
|
|
|
Admit
the
Merchant
makes
but
one
adventure
in
the
year
(
though
they
commonly
make
two
)
with
the
12955
l.
for
anno
1656.
pro
rata
,
amounts
to
|
57316.
|
|
43968.15
|
|
|
|
For
the
year
1657.
as
aforesaid
without
increase
of
stock
,
amounts
to
|
57316.
|
|
43968.25
|
171948.3
|
|
For
the
year
1658.
in
the
same
conformity
without
increase
of
Stock
,
or
Credit
|
57316.
|
|
43968.15
|
|
|
|
So
there
would
have
been
gained
to
the
People
in
three
years
|
171948.3
|
|
|
133353.15
|
|
Would
have
been
of
Income
to
his
Highness
for
Custom
and
Excize
|
|
|
133353.15
|
|
|
|
The
People
and
his
Highness
are
prejudiced
in
three
years
|
|
|
|
|
305301.18
|
|
The
Wool
would
also
have
been
paid
for
,
which
perchance
hath
been
carried
to
the
Hollander
,
and
made
up
into
Manufacturies
there
to
our
great
loss
,
amounts
to
|
|
|
|
|
9150.
|
|
For
the
want
of
the
12955
l.
principal
,
the
prejudice
to
the
Nation
already
hath
been
|
|
|
|
|
314460.18
|
And
in
this
account
there
can
be
no
fallacy
,
except
it
be
to
the
prejudice
of
the
English
,
for
it
is
not
made
up
as
Interest
upon
Interest
,
or
as
Increase
upon
Increase
,
but
it
s
only
made
up
simply
.
FINIS
.