East Indies: March 1630

Pages 10-16

Calendar of State Papers Colonial, East Indies and Persia, Volume 8, 1630-1634. Originally published by Her Majesty's Stationery Office, London, 1892.

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March 1630

Mar. 1.
14. Memorial for Sir Dudley Carleton. Touching the Amboyna business, his Majesty observing out of the States' answer of the 31st Dec. last how ready they are to challenge to themselves the sole judicature in the said cause, without considering the obligation of the Treaty of 1619, and never having submitted or intended to submit the same to them, commands his Ambassador still to insist upon the same reserves and protestation already used. Touching the examination of the witnesses, his Majesty not having received satisfaction from the States' of their meaning to do him real justice, but finding they fetch arguments from all he has done hitherto for clearing truth, to enforce a submission of the cause to their jurisdiction, can by no means condescend to have those witnesses examined upon any new points or interrogatories other than what they have deposed in the Court of Admiralty; judging it most necessary in regard to the difference of the language that his Ambassador or some one whom he shall appoint be present and assist at the examination. And in case the States' refuse to examine and confront the witnesses as aforesaid, the Ambassador is to send them home without further delay. Touching the communicating of the sentence before it be pronounced, his Majesty will nether yeld, dispute, or solicit this. [N.B.—The words in italics are in King Charles Ist's own hand, altered from "will never dispute this"] but hopes for an answer to his satisfaction, and that they will do him real justice, for which they have more than sufficient matter, where there is neither doubt of the fact nor of the illegality of the proceeding of the Amboyna judges in the examinations, torture, and death of the English; and having now the depositions and witnesses themselves, if they think to elude justice by formality of process concerning men whose proceedings were neither formal nor legal and ended in bloody and barbarous executions, they will make themselves responsible to God and the world for the events. [Extract, Holland Corresp.]
Mar. 12/22.
The Hague.
15. Sir Henry Vane to (Sec. Lord Dorchester). Yesterday came letters to the merchants here that the French King by his Ambassador sent from France expressly for this business had concluded with the Persians to deliver him all the silks of that place and to no other. [Extract, Holland Corresp.]
Mar. 12/22.
The Hague.
16. Sir Dudley Carleton to (Sec. Lord Dorchester). The Lord Ambassador having sealed his despatch, requires him to advertise that at the desire of the States he this afternoon repaired to their President Schaffer, who said that whereas on the 18th the Ambassador signified to him certain passages concerning his Majesty's present treaty with Spain, and his Majesty's pleasure to have him send home the Amboyna witnesses without further delay, unless the States had more to say for his Majesty's satisfaction than in their answer of the 31st Dec., he had represented those things to the States, who desired his Lordship would publicly and in writing deliver them knowledge thereof, for in matters of so great importance they could not take notice of private communications. For the Amboyna business, unless second thoughts hinder his resolution, the Ambassador conceives no great hurt in delivering in writing so much as is above expressed. [Extract, Holland Corresp.]
Mar. 15/25.
17. John Quarles to Sir H. Vane. Is of opinion that the judges for the business of Amboyna will put an end thereunto and release their own subjects after the witnesses are returned, which they long to see and desire nothing more, as they will then have better ground to declare against the English Company than if the witnesses were examined. The actors in this business press very earnestly to be freed by law from the accusations brought against them by the English Company. Perceives that if the witnesses be returned these people will lay a scandal upon our nation, and may likewise upon the King, for well may they say if the English had a just cause wherefore should they fear the examination of their witnesses? Advises his Lordship to lay aside his former propositions and plainly offer the witnesses to be examined according to treaty, which he argues allows his Majesty to have co-equality in judicature, and that he be present at the examination, but to urge absolute jurisdiction in his Majesty, and that the witnesses be examined upon no other articles than those in the Admiralty are demands not justifiable by that treaty. Whatsoever the event hereafter may prove, all will be attributed to his Lordship, whose wisdom and honour is greatly interested in this business. If his Majesty may have equal authority in judicature, would advise his Lordship rather to waive the point of his presence than by that point alone to let the business be at a stand. 2 pp. [Holland Corresp.]
Mar. 19.
18. The King to all Christian people. Taking into consideration the worth and demerits of Capt. Richard Quaile, the King employs him in the Seahorse to range the seas all the world over, according to his desire and request, and for private reasons best known to the King, and requires all neighbouring princes and all the King's subjects to afford him all good respects and assistance. [Dom. Car. I., Vol. CLXIII., No. 12.]
Mar. 19. 19. Same to same. That Capt. Richard Quaile in his intended voyage may punish any of his crew mutinying, maligning, or conspiring, by martial law. [Ibid., No. 13.]
Mar. 19. 20. Same to same. Requiring all neighbouring princes, allies, and friends to offer all good respects and assistance to Capt. Quaile, employed in the Seahorse, to range the river of the Amazons and all other the rivers and coasts of America. [Dom. Eliz., Vol. CCXXXVII., fol. 94.]
21. The King's instructions to Capt. Richard Quaile. To shape his course for the Red Sea or other eastern parts, and to make prize of all treasure, merchandise, and commodities of the King of Spain. If on his outward voyage he makes prize of any treasure not exceeding 10,000l., not to disable his force to send it home, but to dispose of one-third part thereof amongst himself and his company, and reserve the remainder for his Majesty. [Dom. Car. I., Vol. CLXIII., No. 15.]
The Great Sea Horse, 100 tons, with 42 men, was victualled for 18 months, and carried letters of marque. [Ibid., Vol. CLXIV., No. 28, and Vol. CXXX., p. 42.]
Mar. 22.
22. William Pearse, William Flint, and John Webb to (the President and Council at Bantam). Through the sudden departure of this bearer they forbear sending copy of their last of the 11th past, sent by Henry Sill on the frigate John. Send copies of the will and inventory of Jeremy Shuker, who on 14th current was taken out of this world by a violent fever, after 10 days' sickness. Concerning his estate, the legacies he left in Jambi, and the freedom of his slaves, and debts, they intend not to satisfy till they hear from the President and Council. John Webb is now aiding Mr. Pearse, whom they conceive very capable of the second's place after Mr. Pearse and Mr. Flint's departure. Have in the house 150 tons pepper, and expect 300 tons more, as it comes down for goods, and estimate to have 300 tons more in cloth if it prove all vendible, and more they might procure if they had ready ryals to put off with their cloth, whereof they hope for a supply, especially for discharge of Customs, without which it is doubtful whether the King will trust them. Have already delivered out cloth upon good security, which course they must either take or keep their cloth, the Molayans being now restrained by the King from bringing down their pepper as accustomed, occasioned by the Dutch's continued pride, whereby they daily affront his Majesty, so that in what he may he crosses their designs. Have found much defective cloth, especially in 33 bales Masulipatam. The bearer, Kay Eugaby Maratta Dola, formerly sent as Ambassador from this King to the Pengran of Bantam, and now again sent with saltpetre and other presents, will deserve no extraordinary entertainment, but pray them to afford him convenient courtesies, and desire them from this King if he stand in need of 200 or 300 ryals to furnish them. Endorsed: "Recd the 16th April 1630. p a Jambi prowe." 2½ pp. [O. C., Vol. XII., No. 1301.]
Mar. 23.
The Hague.
23. Sir Henry Vane to (Sec. Lord Dorchester). Told the Prince of Orange he had received order from his Majesty for sending back the English witnesses; for in case the States had no more to say for his Majesty's better satisfaction than they expressed in their answer of 31st Dec., his Majesty saw no cause to look longer for justice from them according to the manifold assurances they had given, but must use such other means as God had put into his hands for righting the innocent blood and great oppressions of his subjects; and desired the Prince to take notice thereof to the States, for it was purposed to send away those witnesses with the return of the cloth ships in 10 or 12 days. The Prince desired Vane to give the States knowledge himself of his Majesty's purpose, promising notwithstanding to speak of it to them by occasion; and said he was very sorry to see so great a misunderstanding, which might easily have been accommodated at first, since it could not be but that much mischief must follow; yet he assured himself that if his Majesty would leave it to the States to see justice done according to the laws and customs of the country without conditions, his Majesty would receive more satisfaction than he expected Acquainted this day the President of the States, M. Schaffer, who came to him, with his Majesty's resolution concerning the Amboyna business in the same manner as he did the Prince. He promised to report to the States, and thought it necessary the State should look further into the business and inform his Majesty better with the reason of their proceeding, and if they alter not their first answer he will send the witnesses back at that time; but in case they show themselves more willing to comply, will then govern himself according to a memorial Sir Dudley Carleton has showed him under Lord Dorchester's hand [see ante, No. 14]. 2 pp. [Extract, Holland Corresp.]
March 25.
The Hague.
24. Sir Dudley Carleton to (Sec. Lord Dorchester). Touching those significations which the Lord Ambassador had used to President Schaffer concerning the Amboyna business, the States required to have them delivered in public and in writing, without which they would take no notice thereof. As for the Amboyna cause, the Fiscal has been since with the Ambassador from the States, and so given him occasion to declare his Majesty's resolution touching the witnesses; so that they will not be able to plead ignorance, though no more be said in that matter. [Extract, Holland Corresp.]
March 25–28. 25. Minutes of letters of Sir Dudley Carleton.
March 26.—Explains a difference betwixt himself and Sir H. Vane, who thinks the King never referred the Amboyna business to be judged and sentenced by the States, without an interest joined in the judicature; which Sir Dudley takes quite otherwise.
March 28.—His opinion is changed to send the witnesses hence, fearing as soon as they shall be returned sentence will be pronounced perhaps against the English. Advises that the propositions that are upon record should be annulled before the witnesses are returned, which he grounds upon the 30th Art. of 1619. Other passages relating to Amboyna are already calendared. 2 pp. [Holland Corresp.]
March 26.
The Hague.
26. Sir Henry Vane to (Sec. Lord Dochester). Yesterday the Fiscal brought a message from the States General, that since he had moved Vane to give way to the examination of the Amboyna business the States had been petitioned by the pretended delinquents of the Dutch East India Company that Vane would command the English witnesses to be examined, for that they had done examining the Dutch, and knew not how longer to delay justice. Answered he not a little wondered at this message, since by his last answer, they knew he could not give way to the examination unless he might receive satisfaction on what his Majesty had proposed; that he had received order by Sir Dudley Carleton to return the witnesses, which he was resolved to do with the cloth fleet within 10 days; that he had acquainted the Prince of Orange and the President of the States General with this his Majesty's last order, and they might be assured that in this cause his Majesty would not give himself the trouble of ever speaking one word to them more, either by himself or his Ministers. Whereupon the Fiscal desired leave to inform Vane of the proceedings of this cause, and went through them from the Commission of Fact to this day, in all which he assumed to this State a tacit concession from his Majesty of the judicature, notwithstanding the protest of all his Ministers, in which Vane fears they have gained to themselves if not clear advantage, yet ground to cavil and dispute; that whereas the treaty of 1619 was much pressed on our part there was not one article in which joint judicature could be implied in criminal cases of life and death, but only in what concerned trade; and he desired Vane to be well advised on these points, and if possible find out some way of accommodation, asking what could else be the issue. Vane replied that it ought to be the part of those that had done the wrong to think of doing justice and making full restitution, and they asked whether the Fiscal thought this State would sit down with such injustice if the case were theirs, when the lives of their subjects had been unjustly taken away, and the estates of their merchants so detained, and whether every King and State is not bound to protect their subjects from oppression, and bid him guess what their merchants would do if they were oppressed in their trade and estates; still assuring him that the King was resolved to maintain firm his alliance with them. On complaining of the wrong done our merchants in not coming to a liquidation of accounts, Vane collected from him that upon the sentence of this cause, they purpose to strike off from our merchants capital so great a sum, as there will remain but little; this is of so great consideration that Vane beseeches his Lordship to acquaint the merchants therewith; for if his Majesty yield to the examination of the witnesses, there being many more Dutch than English witnesses, it is probable they will have little satisfaction, and so be concluded. Desired the Fiscal to let his masters know that Vane remained in his resolution of sending back the English witnesses unless they recede from their answer; to which the Fiscal said the States were Sovereigns, and it was against their forms of justice to permit any foreign power to interpose. And therefore without his Majesty's express order to the contrary, will return the witnesses with the cloth fleet. Advises to let the point of honour and justice sleep, and the merchants to press the Dutch deputies in England to liquidation of their accounts, for is confident they will not liquidate, but may proceed to sentence upon their own proofs. The question then will be, whether it is not much better for his Majesty to hazard that, than to admit this State to have the sole judicature, and let it come to sentence with a protest, and so be concluded; which being permitted, cannot conceive how his Majesty can resume the cause, but with more and more disadvantage. 5 pp. [Extract, Holland Corresp.]
March 28.
The Hague.
27. Sir Henry Vane to Sec. Lord Dorchester. Cannot but give his second thoughts upon what advantages this State may take upon the return of the Amboyna witnesses, conceiving it his part to endeavour La sortie de bonne grace, and not to give them any advantage therein. Is of opinion that as soon as the witnesses be returned the judges will put an end to that cause and release their own subjects; so they may have the better ground to declare against the English Company, because that, being here he would not suffer the witnesses legally called to be so examined; that the Dutch delinquents press earnestly to be freed by law from the accusations of the English Company; and will lay hold of this advantage so to free themselves; and that they would endeavour to lay scandal upon his Majesty, the nation, and himself for maintaining the complaints of the injustice done to the English in the Indies, and yet, the witnesses being sent over, not to suffer them to be examined, but upon such unreasonable and unequal propositions as the States could not assent to; which they will peradventure say to be rather a ground laid to pick a quarrel than a "real desire of accommodation." Advises therefore that those propositions which are on record in their Assembly be annulled by others which he would make to the States before he returns the witnesses, grounding them on the 30th Art. of the Treaty of 1619, to this effect, that he conceives that treaty allows his Majesty co-equality in judicature, but more than that it may not be justifiable to demand; and that if they allow his Majesty's Ambassador to be present, the witnesses shall be examined; for to declare the witnesses to be competent in law before examination, or not to be examined upon other articles than what they have witnessed in the Admiralty are demands peradventure not justifiable by that treaty, or at least will not be understood so to be by other nations. This State having a bad cause will not omit any advantage, and so it is wisdom to make an honourable retreat; for satisfaction this way expects none, the point being only pour fair la sortie de bonne grace, and leave them inexcusable. Therefore beseeches speedy direction, being resolved neither to return the witnesses nor proceed any further in the cause without express order from his Majesty. Endorsed, "Recd by Mr. Purefey the last of March." 3 pp. [Holland Corresp.]
March 30.
28. Elias Violett to Henry Sill at Bantam. Has received his of the 15th, and accordingly has sent him by David Gilly some gold thread, a bowl of silver, and half a dozen silver plates. Has satisfied M. Flamen for Sill's goods. Sends by Pieter Vandecambre a sachette which is a very good merchandize for the coast of Coromandel; has not weighed it, will leave the price to his discretion, for he wishes to make a voyage to Surat. M. Gilly can best tell him all that has passed at Batavia. French. 1 p. Mutilated by damp. [O. C., Vol. XII., No. 1304.]