East Indies: January 1625

Calendar of State Papers Colonial, East Indies, China and Persia, Volume 6, 1625-1629. Originally published by Her Majesty's Stationery Office, London, 1884.

This free content was digitised by double rekeying. All rights reserved.

Citation:

'East Indies: January 1625', in Calendar of State Papers Colonial, East Indies, China and Persia, Volume 6, 1625-1629, ed. W Noel Sainsbury( London, 1884), British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/east-indies-china-japan/vol6/pp2-20 [accessed 27 July 2024].

'East Indies: January 1625', in Calendar of State Papers Colonial, East Indies, China and Persia, Volume 6, 1625-1629. Edited by W Noel Sainsbury( London, 1884), British History Online, accessed July 27, 2024, https://www.british-history.ac.uk/cal-state-papers/colonial/east-indies-china-japan/vol6/pp2-20.

"East Indies: January 1625". Calendar of State Papers Colonial, East Indies, China and Persia, Volume 6, 1625-1629. Ed. W Noel Sainsbury(London, 1884), , British History Online. Web. 27 July 2024. https://www.british-history.ac.uk/cal-state-papers/colonial/east-indies-china-japan/vol6/pp2-20.

January 1625

1625. Jan. 1 to Feb. 10. 2. Consultations held at Gombroon, present Thos. Kerridge, agent for resettling or dissolving the Company's trade in Persia; Thos. Barker and John Benthall, factors of long residence in those parts; together with Geo. Muschamp and John Banggam, merchants, appointed by the Surat Council assistants in the above-mentioned design. The letters from the East India Company and the Council at Surat for renewing the trade in Persia and settling a factory in Ormuz read. After relation of the state of the Company's affairs and the privileges granted by the King of Persia, it was resolved to renew the trade until further advice to the contrary, not only in regard of the privileges obtained, but also for that the Dutch have intruded themselves and "scandalized our intendments unto the Sophy."
Concerning Ormuz it appears that the Persian hath had hitherto no intent to re-inhabit it, but purposes to make Gombroon his port, the King having pulled down houses and given orders not to leave one stone upon another, yet he holdeth still the castle of Ormuz with about 300 soldiers therein, which the Portugals, with about 20 frigates have besieged, and burnt most of the boats along the coast, whereby trade in that place is not to be prosecuted. Whereas the dissolution of Ormuz induced the Khan to grant them the moiety of the customs at Gombroon, which has been paid these two last years, the Dutch only having refused to pay; resolved that Mr. Kerridge demand same in writing of the Dutch agent now in this port. The Persian having formerly required aid for the taking of Muscat, and the Company giving orders for assistance, though with such caution as if they had not seen the agreement with the Khan at the taking of Ormuz, by which it was engaged that English shipping should clear the passages of this Gulf and sustain the moiety of the charge; and as the Khan cannot leave the siege of Balsora to prosecute this year his purpose on Muscat, resolved, for prevention of the Dutch, who have, solicited the Sophy to give Ormuz to them, not to deny performance of said articles. Lastly, for that the trade of Persia has now no obstacle to its renewing, and there is no design against the Portugals this year worthy the employment of so chargeable a fleet, nor anything requiring Mr. Kerridge's repair to the Khan, with whom treaties are of no validity except confirmed by the King; but especially as the business at Surat requires his presence, Messrs Rastell and James being purposed to depart in the Blessing and William for England; it is conceived requisite that Kerridge return with these ships for India. Signed by Tho. Kerridge, Tho. Barker, George Muschamp, Jno. Benthall, and Jno. Banggam.
Jan. 4. The Sultan of this place brought them yesterday a letter from the Khan of Shiraz, as follows:—For that it was agreed between them that upon every occasion of their attempts on Balsora the English would accompany them, he has written to Lewendick Sultan to furnish money, for it is requisite that the English aid him with a ship or two at Balsora. After serious debate resolved absolutely to refuse, Balsora being under the Government of the Grand Signor; and as to the agreement Capt. Weddell utterly denies any such meaning or conclusion. Moreover Dutch goods and people having been detained, pretended through a debt owing to the King's merchant at Spahan, but alleged by the Dutch to be because they refused to give assistance against Balsora; resolved to unlade first a frigate taken by our fleet athwart Muscat, and that English goods be deferred. Signed by Tho. Kerridge, Jno. Weddell, Tho. Barker, George Muschamp, Jno. Benthall, and Jno. Banggam.
Jan. 7. Consultation aboard the Jonas in the Road of Gombroon. The Sultan of Gombroon being yesterday invited aboard, declaration was made to him of the absolute refusal of the English to assist at the attempt on Balsora, he said their aid should not be against the Turks, but against certain Portugal frigates he would send-thither; and further requested to have men out of their ships to sail in the frigates (12 in number), but all being of opinion that it was a mere device to engage them in wars against the Turk, it was resolved not to give any aid in this design. Signed by Tho. Kerridge, Tho. Barker, George Muschamp, Jno. Benthall, Jno. Banggam, Jno. Weddell, Charles Clevenger, Jno. Rowe, Jno. Johnson.
Jan. 10. Consultation aboard the Royal James in the Road of Gombroon. Declaration of Tho. Kerridge that private goods were carried daily from the ships to the shore, and that there were unreasonable quantities in every ship except the Eagle, of pepper, ginger, turmeric, sugar, rice, and cadgell seed; Capt. Weddell "publicly avouched" he thought it reasonable they should lade their goods so well as the Moors; resolved as it cannot now be remedied that freight be demanded at Surat. Signed by Tho. Kerridge, Tho. Barker, George Muschamp, Jno. Benthall, and Jno. Banggam.
Jan. 15. The Sultan having been told of their refusal to attempt aught against Balsora or other of the Turk's dominions, this day demanded whether we would not perform the articles urging the point of our remaining to secure the ports and passages against the enemy, who would shortly be here to attempt the regaining of Ormuz. Upon which he was told how themselves had greatly failed in performance of said articles, particularizing the unjust division made in Ormuz; the Khan having accounted to the King 60,000 tomans for his moiety of the spoils, whereas their masters have little more than 6,000 besides three months' pay, when they expected eight months; also that the moiety of ordnance taken, which were 165 pieces brass, did treble exceed in value all to us accounted. Promised to write to the Khan after their return from Ormuz, whither they were now repairing; in the interim Barker to know of the Sultan, what he would give per month for the stay of our fleet till August. Signed as before.
Jan. 22. Consultation aboard the Royal James. The Sultan profferreth half their expense, which means victuals only, till answer from his Master the Khan, which is perceived to be a mere pretence to protract time. Yet as Capt. Weddell seems very willing to spend the westerly monsoon here, it is resolved to propound to the Commanders whether this fleet (the Star and frigate excepted) may with safety remain in these seas till September. Signed as before.
Opinions of the several Commanders and Masters of the fleet as to whether the James, Jonas, Eagle, Scout, and Spy may safely remain in the gulf, or under protection of the Castle of Ormus, and return to Surat in September, viz., of Andrew Evans, John Phelps, Richard Swanley, John Johnson, John Rowe, Charles Clevenger, and John Weddell.
Jan. 26. Discussion with the Sultan of Gombroon in reference to payment of customs, and that the Khan had lately exempted the Dutch from paying customs to the English. Signed as before.
Feb. 8. After two days' fight with the Portugals, the Sultan of Gombroon finding their strength to exceed his expectations grew more timorous and earnest for stay of our ships. Resolved that if the Dutch stay upon an agreement of salary, our ships shall stay also upon the like conditions and in equal number. The Ambassador sent by the King of Persia to his Majesty of England, to lade his goods with all possible expedition, upon the James, Jonas, and Star There being want of factors in Persia, Robert Loftus, Geo. Smith, and Jno. Berreman to remain; their salary and allowance. The Sultan having presented Kerridge, Weddell, Barker, and Muschamp with horses saddles and stuffs, presents in broad cloth, rice, and sugar to the like value to be given to him "in retribution." An Arabian horse given to Kerridge, and two others out of the Company's stables to be sent to Surat for sale. Thos. Healy, a soldier in the Dutch service, left in the Castle of Kishme, ordered to return to Surat. Resolved to be sparing in writing to the Khan, concerning the articles agreed with him, until further answer from England; but if the King or Khan offer the Castle of Ormuz to the English, their agent is not to refuse it, lest the refusal should induce its delivery to the Dutch. Signed as before.
Feb. 10. The Dutch having absolutely refused to make any longer stay in these parts the Governor instantly urged Barker to persuade the stay of our fleet, proffering 500 tomans per month for entertainment; resolved to have the opinion in writing of the Commander and his council thereon, who answered that their powder and shot being mostly spent, and the "unequality for three ships to encounter with eight ships," rather than expose the ships to such hazard they should set sail in company with the Dutch. Whereupon it was concluded to make an absolute refusal. Signed by Tho. Kerridge, Tho. Barker, Geo. Muschamp, Jno. Banggam.
Directions and advice for Tho. Barker, Purefie, and Benthall, in the government of the Company's affairs in Persia. Barker to be chief agent, Purefie second, Benthall third, and Robert Loftus fourth. Concerning the articles agreed upon with the Khan to affirm that the principal intent of our fleets coming was to take possession of Ormuz, which if the king offers to do, they shall send an express messenger to Surat and defer the time of its reception until order and means come from England to possess it. They must endeavour to continue the customs which were granted for past aid, and not for future service, also to solicit the Khan for the moiety of all customs, and to certify how unequal the spoils of Ormuz were divided. "A main breach of the articles and most dishonest dealing it is likewise in them to keep our runagates from us and cause them to turn Moors, which if the Khan do not remedy you must have recourse to the king." Signed by Tho. Kerridge, George Muschamp, Jno Banggam. Indorsed, "Consultations held in Gombroom by our people in the time of Mr. Thomas Kerridge his being there." 19½ pp. [O.C. Vol. X. No. 1173.]
Jan. 3–5. 3. Court Minutes of the East India Company. Report of Mr. Governor that the resolution of the Dutch concerning the business of Amboyna is come to Sec. Conway's hand, but his Majesty is not yet acquainted therewith; that his Majesty demanded why the Company hath no ships returned from Surat, whereto the Governor answered that the Portugal is so strong that the English are forced to keep their ships together till a supply be come from hence; and that the Duke had received a letter from the Prince of Orange. The Court perceived that there is come but a lame satisfaction, and also they understand that Mareschalk had been with the States, but no course taken for justice to be done upon him. Messrs. Bell and Harby to desire from Mr. Secretary a copy of what is come from the States. Concerning the opening of the trade of Bantam; some of opinion to procure a letter from his Majesty to the King of Bantam to gain the trade, others to fortify and gain it by force, but in no wise to adventure his Majesty's letters lest he be dishonoured in the refusal; in the end thought fit to procure the King's letter to the President and Council at Jacatra to make use thereof as there shall be occasion, for if this Company join with the Dutch they can expect no other success than such as they have ever had, to draw this Company to share in the charge, when in the meantime they will go away with the whole gain. It was conceived that the building of a fort will prove a matter of greater importance to this Company than the opening of the trade of Bantam, but above all things care must be taken that the Company proceed warily, for the Dutch want neither strength, craft, nor malice to the rooting out of the English there, therefore the Company must use the power of the State to right them here, which once well done by way of reprisal will beget a flourishing trade, but if the Dutch go away with as poor restitution as they have made in former treaties, this trade can have no continuance. Complaint of the grocers of London that they want pepper to sell in town: Ordered that they have pepper to serve the town, paying the mulct of 20s. per bag. It was thought fit to be sparing of sending ships for a time, and that the ships returned hither be of the newest and strongest, the rest to be broken up there as they grow unserviceable, to send ships rather of stowage than of force. The principal wants in the Indies are cordage, empty cask, beef, and pork. As to the Dutch security for the freight of their pepper.
Jan. 5. The order for selling pepper in town respited till next Court. Report of Committee that Sec. Conway promised they should have the answer from the States, concerning the English propositions, but as it is not yet come resolved to press for it with some earnestness. Thomas Harris entertained factor, and may leave 650l. in the Company's hands at 8 per cent and two thirds of his wages at 7 per cent. Draft of Capt. Fowkes' commission delivered to him; he utterly misliked to be bound from private trade in l,000l. and to be tied to remain in the country above one year, being told the Company required bond from all their factors, and that it was expected he should stay out four years at the least; he desired till next Court to consider of both. A bark to be hired to take 200 barrels of powder to the London, a great quantity of lead expected to be sent. 5¼ pp. [Ct. Min. Bk. VII. 283–288.]
Jan. 6.
[The Hague.]
4. Sir Dudley Carleton to Sec. Conway. The despatch of the States General to the East Indies is answerable to what was promised by them to his Majesty, and was put into a ship in the Texel ready to sail, but she struck upon a rock, and nothing saved but the men, money, and letters which were sent in the ships from Zealand. Duplicate of that despatch now sent to go in the English shipping, and in it the States letter to their General. The book printed by our English merchants, touching the business of Amboyna, with the copy of the States letter to his Majesty, and their answer to the three points he proposed for the merchants; according to all which the General is to govern himself. And this being an Act conformable to their words it may be hoped will be put in effectual execution. It rests in his Majesty's choice either to pursue his former resolution of reprisals, or to suspend it without any absolute revocation until he see the success of these directions of the States. [Extract from Holland Corresp.]
Jan. 6.
The Hague.
5. Sir D. Carleton to Morris Abbott. Refers to his letter of 22 Dec. [see previous Volume No. 717]. Has not had time to run quite through the answer to the Bewinthebbers' remonstrance, judges it to be learnedly, intelligently, and discreetly written, but he does well not to publish it. If ever their defence should come to light, he wishes it may be followed by this answer. Sends Sec. Conway a packet from the States to the Butch General in the East Indies. Though the answers be not so full as the Company might expect, yet since they are engaged in buildings and fortifications, these answers may provisionally serve them, and hereafter by treaty they may advantage themselves of this accident of Amboyna in the settling of their affairs; especially as there is now a divorce betwixt the States and Bewinthebbers, heretofore wedded to each others interests. The letters saved out of the Alkmar and sent to Zealand, where two of the East India ships still remain. Coen goeth not this voyage. Believes he shrinks back, now he finds how he is to be restrained; yet they say he shall go with the next. Mareschalk is suffered to walk abroad, under good assurance to be always forthcoming. The States allege that his imprisonment would give warning to the Governor of Amboyna and the rest of the judges, to shift for themselves and make them betray the castle. 3 pp. [Corresp. Holland.]
Jan. 6.
The Hague.
6. Sir D. Carleton to [John Chamberlain]. Our fleets here are put to sea as well for the East as the West Indies with the last easterly wind, but the biggest ship [the Alkmar] of 800 tons for the East Indies going out of the Texel was run on a sand [bank] and lost. [Extract from Holland Corresp.]
Jan. 7. 7. Court Minutes of the East India Company. Thomas Gardiner entertained in the Palograve at 8s. per month, to have three months' imprest. Capt. Fowkes having considered the Company's demands was content to give 500l. bond, not to use any private trade and to continue three years in their employment. 600 pigs of lead bought for the Surat fleet; Mr. Mountney to dispeed away all provisions for the London tomorrow. A trial to be made of black plates for one breadroom, Mr. Leate alleging they will not rust and are far cheaper than white plates. Reasons for the grocers' opposition to a former order to sell pepper in town on payment of 28s. per bag, but the Court wishing to prevent importation by the Hollanders and to advance the Company's good before any private ends ordered payment of 30s. per bag for Malabar, and 20s. per bag for Priamam and Jambi pepper to sell in town. Final order concerning the payment of Lord Hobart's adventure. Ordered that any bargain for provisions or commodities made by one of the Committees alone, without the consent of one other of such Committees as are joined with him to be void. Concerning Mr. Vivian's debt. Request of the widow of Edward Withers touching a debt due to her late husband from Thomas Buckle, the Court left her to take her course against him before the Lord Mayor. Consideration of the commodities for Surat; cloth, elephant's teeth, quicksilver, gold and silver lace, cloth of gold, &c. ordered; 200 Northern and Devonshire kersies, to be bought, and 200 perpetuanaes to be dyed red, green, or the colours Mr. Ellam conceives most vendible. Proposal of Mr. Stevens to cut down the pillars in the hold of the Dolphin because they hinder stowage, the Court would not in any case give way to. He said the Dolphin would be ready in eight days, and the pinnace next spring. Mr. Yong to carry a letter to Sir Richard Bingley in the Downs. Complaint of Mills, mate of the Lion, that Wm. Walker, the porter, had arrested him for a debt to his wife's former husband, Barnes; left to defend his own cause. John Hughes again entertained steward's mate in the Dolphin, but James Barlow, late steward of the Dolphin, who came home worth 500l. with his room stuffed full of private trade, not to be employed. Ordered that 50 hhds. of beef and pork overplus be sent in the four ships. Proposal to carry lead instead of ballast; but as no ballast is to be had at Surat, resolved not to alter the old course. Mr. Swanley to take care that Ralph Pope, a sailmaker, who had pawned 10l. worth of the Company's canvas, works it out or proceed in the voyage, so the Company be not cozened of the money. Request of Woolley, who ran away to the Portugals at Macao, for employment denied. 5 pp. [Ct. Min. Bk. VII 288–293.]
Jan. 8.
London.
8. Morris Abbott, Governor, Christopher Clitherow, Deputy Governor, Henrie Garwaie, and Ant. Abdi, of the East India Company, to Carleton. Acknowledge his endeavours on behalf of the Company, albeit the same have not produced the desired effect. Have but this day got a copy of the pieces sent to Mr. Secretary in answer to their three propositions [dated 19/29 Dec. 1624 and calendared in previous Volume, see p. 471, No. 717 I.], wherein concerning the first they are satisfied, but find the other two composed of so much cunning, and so subject to ambiguous interpretation, as they are forced to have recourse to his Majesty for better justice than an examination in a place where those shall be our judges, who we rather expected should have been sent hither to be dealt withal according to their former demerits. See evidently that the Dutch Company intend nothing less than their reparation, and that the business rather grows worse than better, but will advertise more particularly in their next. 1 p. Indorsed, rec. 19th, 1 p. [Holland Corresp.]
9. President [Rich. Wylde] and the Council at Surat to the East India Company. An imperfect letter of eight pages or two sheets, viz.: No. 2 and No. 5, which were bound up with the correspondence of 1624–5, in O.C., Vol. X., No. 1170, but upon discovery of sheet No. 3 of the same letter, which was bound up in Vol. XI., No. 1267, it became evident that this general letter to the East India Company was written in December 1628, which is confirmed by the commission and instructions from the President and Council at Surat of that date as well as by a previous letter from the President and Council at Surat to the President and Council at Bantam, dated 17 Nov. 1628.
Jan. 10–12. 10. Court Minutes of the East India Company. The Committees for purchase of commodities to bring in their bills that their bargains be registered. Accounts to be cleared for powder and saltpetre. "The Danske peeter falls out to bee much better then the Hamborow peeter." Report of Mr. Governor that the answer to the Company's three propositions is come out of Holland; which, giving no content, he went to Sir Henry Marten, who observed that they bar this Company from all places where the Dutch hold the least footing, and go about to blemish the justice of England, where the fact of Amboyna has been heard and condemned; notwithstanding he advised the Company not to break friendship on this, but to set down their just exceptions to these articles and desire amendment, and meantime go on with their intended fort Concerning Coen, by all means to hinder his going, which cannot be done better than by entering actions against him in Amsterdam as well for goods unjustly taken as for the violence done upon the Company's servants, together with his subtle and wicked detention of the treaty, forbearing to publish the same until he had executed his malicious and treacherous purposes upon the English. Also that Mr. Governor went to Sec. Conway, who he found very noble and liked well of the motion to desire better satisfaction, and wished them to attend the King, which they did by the mediation of the Duke of Buckingham. That they told his Majesty they had set out a ship of 600 tons, and now, after so long and frequent promises, the Dutch had sent an answer to their three propositions in no ways satisfactory, but of so cunning a composition as leaves all to their own interpretation. His Majesty by his answer showed himself to be of the same opinion, and resolved to take some further course for reparation. His Majesty also took knowledge of the publishing the Company's books concerning the fact of Amboyna. Mr. Governor added that when they had thus incensed his Majesty and received comfort and assurance that he will not leave the Company unsatisfied, himself with the rest returned, and forthwith despatched a letter to Sir Dudley Carlton intimating an utter dislike of what is done. Mr. Governor also reported that on Sunday last he and others received a summons to attend at the Council table, where they found a full board, the Prince being there also in person, and the Ambassador of Persia, who hath a project to gain the whole trade of Persia silk this way. The Duke of Buckingham said the King will in his own ships fetch home the whole silk of Persia, and demanded what hurt this would be to the Company, and whether they would join in the project. Mr. Governor answered that it shall not prejudice the Company, but they are . utterly unwilling to adventure in it, being resolved to proceed according as they shall receive encouragement in their next letters. After discussion Mr. Governor showed that whereas Sir Robert Sherley had made offer of 3,000 bales yearly, the Company find not above 7,000 to be bought in those parts, and there will hardly be found vent for that proportion; nor is it probable that the Persian will give credit for 30,000 bales for three years, amounting to 9,000,000l., when on the King's letter he has already refused to trust the quantity usually fetched or any part thereof; also that the silk costs 12s. 6d per lb. and yields 22s. to 25s. towards charges, but not near 5 for one as hath been informed. The Court then returned to a consideration of their business with the Dutch, and particularly did hold it for a great scorn that the Dutch do not only conceal Mareschalk from the hand of justice, but do likewise purpose to return Coen to command as before in the Indies, who hath been the incendiary and firebrand between the English and Dutch. Whereupon it was resolved to proceed against Coen legally in Holland, and that Misselden be requested to follow it for the Company, and the matter be kept secret. Francis Stockton entertained purser's mate. Mr. Purchas, a preacher and Bachelor of Divinity, presented the Court with four volumes containing many several treatises of the Indies and other remote parts of the world, having formerly presented the same unto his Majesty and the Prince, wherein is recorded particularly the many discoveries made by this Company, together with the great benefit which this kingdom reapeth thereby. Also he presented an epistle to the Company, which he read to them, and demanded whether they were willing it should be inserted in some convenient place of this history. The Court took in very thankful part his labours, and in token of their good acceptance thereof gratified him with 100l., and the Company to have three sets of his books.
Jan. 12. Report of the Governor that the civil law determined in the case of Coen that a course be taken so to work with the States as that Coen may be laid hold of in the Netherlands to answer what shall be objected unto him, which course was also generally well liked of the Company, were it but to show to the world that they have a due sense of the wrongs done either to themselves or their servants. A Commission under the privy signet presented, authorising John Wedderborne to receive all estates of Scotchmen deceased in the Indies. The Court answered that the parties shall do well to attend the Judge of the Prerogative [Court], for if the Company receive letters of administration from that Court, or a will proved, they are bound to deliver the goods accordingly. Ordered, that Mr. Ducy do not conclude any bargain for timber above 50l. without acquainting this Court. The letters to be sent in the London to Jacatra to be read on Friday next. Committees appointed to consider about setting up a powder mill. Cloths to be dyed for Persia. Demand of Mr. Burlamachi for the powder by him delivered into the Tower. Mr. Purchas brought again his epistle to the Company, which is to be inserted into his books of the History of the World, with such additions and alterations as had been formerly directed, which, being read, was well liked, and left to Mr. Purchas, his discretion to be inserted if he please. 6½ pp. [Ct. Min. Bk., VII., 293–299.]
Jan. 13.
Fredericksburg.
11. Sir Robt. Anstruther to Sir Dudley Carleton. The French Ambassador has proposed a reconciliation of differences between the French and Danes, touching some ships going to the East Indies taken by the Danes, for which divers complaints, have been exhibited but redress deferred. The King and Danish East India Company have left the French to receive their trial by a judicial course with respect of persons. [Extract from Correspondence, Denmark.]
Jan. 14. 12. Court Minutes of the East India Company. That Sir Henry Marten is now of opinion that this Company cannot proceed against Coen by way of any civil action, but advises that they object against him by articles and thereupon desire he may stayed. About buying and measuring timber; Mr. Ducy is so honest and able a man as the Company cannot be better served. That a "strong Commission" be procured for making powder of saltpetre from foreign parts; the Company purposing to set up a mill for same. Henry Bate called upon peremptorily to pay his debt or a course would be taken to compel him. Request of Burlamachi for payment for powder. Interest on Messrs Cartwright and Carleton's stock. The Secretary to acquaint Sir Henry Marten "that there are a sort of mariners" that are entertained for the Indies and desire to serve in the yard till the ships be ready, but leave the service and hire themselves for Newcastle so soon as the season serves. 2 pp. [Ct. Min. Bk. VII., pp. 300–301.]
Jan. 15.
London.
13. Morris Abbott, Governor, Christopher Clitherow, Deputy Governor, Humphrey Browne, Wm. Garway, Ant. Abdi, and Abrah. Cartwright, Committees of the East India Company, to Carleton. Refer to their letter of the 8th present, since when they have addressed themselves to his Majesty, who was as little satisfied as themselves with the contents of the States' answers, so made remonstance to his Majesty, of which copy is inclosed. Have set down their opinions upon the two last answers. Observe the second to be penned so obscurely, that the Netherlands' Ministers in the Indies may wrest it whither they please, and use them as ill there as ever. The third might have been approved, but that they find two different limitations, the one of jurisdiction, the other in these words, viz: "That they be not comprised in the obligation of the exclusive contracts," which are so vast and ambiguous that they may make whatsoever interpretation they please. His Majesty utterly dislikes the examination of the business to be remitted into the Indies, and refuseth to authorise any of his subjects to join with them therein. Conceive the Dutch ought not to propound any such course of re-examination; for if the proofs whereon the sentence was grounded are not sufficient, then is the injustice notorious, neither is it any where allowed for a judge, first to proceed to condemnation and execution, upon insufficient proofs, and when questioned of injustice to allege other supervenient proofs. Desire that John Peterson Coen may be laid hold on, and impleaded either criminally or civilly, or both, or otherwise by complaint to the States, to which purpose Mr. Misselden is desired to attend him. Their objections against Coen now that the differences in agitation will in all likelihood come to a public dispute; desire his furtherance for such a process against him as shall be found most expedient. Understand that Mareschalk, one of the actors of that odious murder, goes at liberty up and down Amsterdam, whereat they wonder, and have just cause to doubt of justice upon those in the Indies, 1½ pp. [Corresp. Holland.]
Jan. 15.
London.
14. Copy of the preceding. Signed by Morris Abbott, Governor, James Campbell, Alderman, Robert Bell, Edward Warnor and Thomas Mun. Indorsed by Carleton, recd, the 19th. 2 pp. [Corresp. Holland]
Jan. 15. Remonstrance to the King touching the answers of the Lords States General to the three articles and the business of Amboyna [dated 19/29 Dec. 1624, and calendared in previous Volume, see No. 717. I., p. 471]. The answer to the first article is well approved of. The answer to the second article reserves the jurisdiction of the Dutch officers over the English, as well as over their own nation, in their possessions in the Indies, except where the two corporations shall be immediately parties; a limitation which not only seemeth a partial interpretation of the 30th Article of the Treaty (1619), but is flatly against the King's declaration of January 1623 [see previous Calendar, No. 250]. The answer to the third article not only prescribes the distance of 10 Dutch leagues between the English and Dutch forts, as agreed on in the Treaty, but adds other limitations, namely, that the English shall not build within the limits of their jurisdiction or pre-contracts, which are so obscure and uncertain that there is hardly any place where they may not pretend either jurisdiction or pre-contract. The English Company therefore desire that the limitations may remain on both sides as first agreed, the English reserving the right to repair their forts at Pooloroon and Lantar. As to the inquisition to be made in the Indies into the proceedings at Amboyna, the English Company conceive it to be needless, as from the acts of the Council of Amboyna, communicated by the Dutch, and other evidence, the King's Commissioners have already (beyond doubt and exception) found the English that were executed to be innocent and the proceedings unjust and execrable. The resolution for the remitting of the Governor of Amboyna and the rest of those that assisted in the judicature against the English is well liked, and would give very good hope of effectual justice if Laurence Mareschalk, the second in the Council and long since returned, were apprehended and proceeded against. 1¼ pp. [East Indies, Vol. III., No. 57.]
Jan. 17. 16. Court Minutes of the East India Company. Letter read from Capt. Browne of the London, expressing the great danger the ship was in going to the Downs, having lost her long boat, barge, and skiff, two anchors and cables. The pinnace to be called the Falcon. Regulations for the taphouse at Blackwall, the storehouses adjoining being in some danger by the fires and late sittings up. Letters despatched to the Lord Ambassador (Carleton) and Misselden to prosecute Coen and Mareschalk; and that Mr. Secretary had by his Majesty's command recommended the prosecution to the Lord Ambassador. Answer of Sir Henry Marten that if he might have the names of the mariners who leave the Company's service for Newcastle he would arrest them into the Admiralty: names given to Mr. Cappur. Promise of Henry Bate to pay in the rest of his bond. Mr. Tichborne, the Company's solicitor, to attend on Wednesday concerning the business of Denton and Ball 2 pp. [Ct. Min. Bk. VII., pp. 302–303.]
Jan 18.
Jambi.
17. Henry Sill to (the President at Batavia). Account of pepper laden on board the junk Refuge and in "the house". 1,100 ryals stolen from their house in the night by the Dutch. Five or six Chinese put in irons upon suspicion, but the King, wroth with the presumption of the Dutch, caused the Chinese forthwith to be let out and brought to his own Court. Was told by the King that "we and the Dutch were so great masters that we seemed not to acknowledge him for King in his own country," that Staverton was the first author of this assuming of authority, and that the Chinese were his own slaves and should live no longer with us. Arrival of Signor Kunus, who, having despatched the Hollandia for Batavia, bruited abroad that the Achinders were at Indraghiri, "but his lying intent, as we since imagine, was only to terrify us from buying of pepper. He seeks all means possible to defraud, conculate, and suppress us, he cares not by what sinister dealing." Annexed,
Consultation held in Jambi. Agreed:—To protest against Signor Kunus, Dutch Cape merchant, for his dishonest dealing. How to avoid fire by night. As to the price of light pepper. To give the President and Council intelligence of the wrongs proffered by the Dutch. To condescend to Giles Waterman's request to go for Batavia, which is also Shapley's desire, in regard he is so harebrained that they are fearful of inconveniences if they should disagree and Waterman should not be very mild and patient as hitherto he hath been. 4 pp. [O.C, Vol. X., No. 1174.]
Jan. 19. 18. Court Minutes of the East India Company, Concerning the payment of Henry Bate's debt. The Palsgrave and Lyon gone down to Woolwich. Mr. Browne, master of the London, recommends his wife's father, a brewer at Ratcliff. Petition of Abraham Herwin and James Jacobson for 359l. 19s., detained from their father-in-law, James Desmaistres, for faulty beer, and that they might supply the Company with beer. The Lord Keeper to be entreated to hear Denton's case. Capt. Greene and Mr. Woodcock to be prosecuted. Request of Burlamachi for payment for powder answered as before. Offer of one Blyth to make powder from saltpetre from beyond seas to be entertained, as it may save the Company 1,000l. per annum. Concerning Vivian's debt, and George Ball's business, and for the sentence against Ball in the Star Chamber Mr. Tichborne is to attend the Lord Chief Baron, and also to take out an attachment against Decrowe. The warrant for attaching the runaway mariners to be served with all secrecy. Complaint of John Lamprey to the Court of Requests that certain books of accounts are detained from him: the consideration to be left to another Court. Thomas Bright, that went factor in the Tryal, to have his wages, because a factor could be in no way guilty of the loss of the ship. Request of Mr. Chamberlain for reparation for 11 lb. of rotten silk found in a bale at Amsterdam in March 1623. Thomas Wolley's journal, describing the countries he had visited during his absence, to be read. Refusal of the Court to be troubled in the business between Powell and Capt. Welden. Alderman Hammersley to be spoken with concerning the loss by sale of Muscovia oils: the debt charged to Mr. Treasurer Bateman to be put to profit and loss. Alderman Freeman's accounts. 5½ pp. [Ct. Min. Bk. VII., pp. 304–309.]
Jan. 20.
Westminster.
19. 01, Viscount Grandison to Sir Thos. Roe. It is conceived that Sir Robert Sherley's proposition to draw a trade for Persian silk by sea into England will be very profitable for the King and the kingdom. [Extract from Domestic Corresp., Jac. I., Vol. CLXXXI., No. 22, Cal. p. 453.]
Jan. 21.
London.
20. Sec. Conway to the Duke of Buckingham. That the Persian Ambassador's proposition for four galliasses and a ship be referred to Sir Thos. Smythe. [Minute, Domestic, Jac. I. Conway's Letter Bk., p. 186, Cal. p. 454]
Jan. 21–24. 21. Court Minutes of the East India Company. Concerning Blyth's offer to make powder. Mr. Dawes of the Custom House will engage for the honest performance of his brother-in-law. John Lamprey's suit removed into the Court of Requests. Thomas Harris entertained Factor in the London, having deposited 700l. at 8 per cent., to have 10l. imprest on his wages. Letter received from the Dutch Mayors concerning pepper from a French ship that was burnt in Jacatra Road. Leyson Seys entertained steward of the Dolphin bound for Surat. Information that a subscription was set upon the Bourse to invite subscriptions to a stock for a new Persian Company; it was answered the Company will not hinder any man from underwriting. Committee to take care for the speedy dispatch of the outward bound ships the Dolphin, Palsgrave, Lion, and Falcon, provisions for same, also surgeons' chests. The masters, mates, and pursers of the Surat fleet to attend on Monday. The ships forthwith to fall down to Erith. Report of Stevens that the Exchange is in dock and may be made a strong ship; and moved whether the Company would not build a new ship, presenting a model of a ship of 400 tons to be sailed with 40 men, whereas the Lion of 300 tons requires 100 men; the Court liked well of the project, but left it till March to be considered. Complaint of Capt. Blythe that his ship was not sufficiently caulked, to be reported upon. No cloth of gold to be had that will serve the Company's turn. Special care to be taken that the white cloths already provided be dyed and made ready in time.
Jan. 24. Matter found by "Mr. Harlow of Council," in Lamprey's Bill whereon to ground a demur. Apprehension of runaways who have deceived the Company of their imprest; the Company requested not to deal rigorously with such "poor bare fellows." Ordered that they be carried before Sir Henry Marten, and by him sent to seek favour of the Company. Mr. Woodall committed by the Lord Steward for serving process upon Sir Thomas Merry, his Majesty's servant in ordinary: petition to be drawn for his release. The Elizabeth to be docked and surveyed. The Masters required to hasten their ships into the Downs and to lie aboard them themselves. Request of Capt. Blythe to take in less white wine and more canary, though the former be found good against the scurvy. Abraham Hoyle appointed steward's mate in the Lion. Payment for the powder and saltpetre from Dantzic. Thomas Walley to go steward's mate in the Palsgrave. Letter read from Mr. Browne from Margate Road the 20th inst, that the hoy with provisions, which went hence Friday last, is not arrived: to be inquired into Mr. Woodcock to be prosecuted in the Admiralty. Letter received from Thomas Thornborough, purser, concerning the lading of the London. The Court acquainted that Mr. Purchas is very thankful for the gratification sent him by the Company, and as concerning the epistle that was to be inserted, wherein the general injuries of the Dutch in the Indies was set down, he saith, he cannot persuade the printer to insert the same notwithstanding it is allowed by authority. The Court held it fit that the printer be dealt with privately and rather than fail, somewhat to be given him to insert it, and entreated Mr. Leat and Mr. Keightley to take upon them the care of that business. Concerning the sale of indigo and calicoes. John Lamprey to receive his dividends. 6¾ pp. [Ct. Min. Bk. VII., pp. 309–316.]
Jan. 25.
London.
22. Sec. Conway to [Carleton]. He will receive a letter from the Lords of the Council, concerning justice to be done by the States upon their subjects, or else his Majesty must be forced to grant unto particular men letters of reprisal. The King begins to be weary of his subjects smarts and sharp complaints, makes himself strong at sea, and resolves to suffer no longer, but under the hand of a conqueror. Having communicated to his Majesty the States' letters and answers to the Lords, does not find that they receive satisfaction by them. Wednesday is appointed for the debating to to give the King advice in that point. But this he can assure him, that if they give not justice in the business of Amboyna, and satisfaction in our just demands of right and neighbourly fair dealing, we shall bring ourselves upon an advantage that may make us dispute equally at what price soever the sequel be. "Certainly the Devil or his ministers keeps a hand in this work, in envy of the good correspondencies that might be for the advancement of the public and good cause." He will receive two papers, being the East India Merchants objections against Petersen Coen, and their answer to the States' proposition. "Coen is such a man as neither King nor State can endure him." [Extract from Holland Corresp.]
Jan. 26. 23. Court Minutes of the East India Company. Mr. Purchas came into Court and gave humble thanks to the Company for their favour and bounty towards him. He said it was beyond his expection of his part, his only end having been for the glory of God and honour of this nation, and therefore besought the Company that if there be anything else wherein he may serve them they: would make use of him as of a man obliged to the Company; withal he told them that he had obtained licence and allowance to print the epistle, but cannot persuade the bookbinder to insert it, who hath taken advice thereupon, and is told it may be dangerous. The Court resolved to let it rest for awhile, and if they cannot procure it to be bound with the book they will print it upon some other occasions. Mr. Deputy reported that yesterday, when Mr. Governor was at Leatherseller's Hall at Mr. Eyre's funeral, he and some Committees were summoned to the Lord President's house, where the Lord President demanded whether they were satisfied with the offers of the States; the answer was, they are so ambiguously penned that none can tell what to make of them, but the Company have sent over something in writing which if it may pass will do well. His Lordship promised another effectual letter for stay of that Company's ships, and declared that Mr. Bagg is watchful on the Western coast, and that Sir Ferdinando Gorges, Capt. of Plymouth Castle, affirms that they are not yet passed by. Committee appointed to attend at the Council Table this afternoon concerning the Dutch business according to order. The runaways to be punished by whipping or ducking at the yardarm: as "censured" by the Judge of the Admiralty. Messrs. Kirby and Keightly to see it done in a moderate fashion next day at Blackwall, but one Garway to be spared. Concerning the sale of calicoes and supply of kerseys. The bill of a painter for painting and gilding "a launce, a bandrolt, and divers large frames for pictures" amounting to 11l., referred to Committees. Mr. Clifton to have 330l. on account of biscuit, &c., for the Surat fleet. Wm. Garway and Keightly to survey the timber at Blackwall. 3 pp. [Ct. Min. Bk. VII pp. 316–319.]
Jan. 28.
Whitehall.
24. Minutes of proceedings of the Privy Council. The East India Company having certified what they conceived of the answer and declaration of the Dutch East India Company, which had been sent over by the King's Ambassador in Holland, and in which it appears that the Hollanders have no desire to give satisfaction for the wrongs committed, and more especially for their unjust and cruel proceedings at Amboyna, resolved, all fair courses for reparation having been taken and failed, that the King's Ambassador in Holland shall declare how ill his Majesty is satisfied with the answers and his resolution to put in execution the orders for righting the Company. [Domestic Corresp., Jac. I., Vol. CLXXXII., No. 62*, Cal, p. 564.]
Jan. 28. 25. Court Minutes of the East India Company. Application of Mr. Governor to the Lord Steward for the release of Mr. Woodall; but his lordship asked if no other man could serve the Company's turn but that one, declared how unsufferable a thing it is that the King's servants be served with process in the King's house, and took respite to consider. The bond of Mr. Hopton, late purser's mate in the Dolphin, cancelled. Report of Mr. Governor that himself and others attended at Whitehall on Wednesday last, where was as great a Council as could sit at the table. The Lords having perused what had come from the States under pretence of satisfaction, did with one consent affirm that it is so obscurely penned that none can tell what to make of it, and one grave lord said he would undertake out of those words to gather four several meanings; their Lordships therefore advised the Company to pen the articles to be subscribed by the States as they would have them, and they shall be so sent over to the States, and allowance thereof required. Their Lordships were then moved that they would also be a means to his Majesty that justice maybe done for the lives of his Majesty's subjects murdered at Amboyna, and that it might not be said (to the shame and dishonour of the English nation) that a principal actor in that bloody business jetts it up and down among the Dutch unpunished nor so much as questioned, and that Coen, who upon foul matter appearing at the last treaty was sent for home, should now be sent again as General to act new tragedies in the Indies. Their Lordships took this business to heart as a thing wherein the honour of his Majesty and the general good of the kingdom was insufferably touched, and desired the Lord Admiral to second his former letters to the narrow seas and the port towns for stay of the Dutch Company's ships. It was now ordered that care be taken that the order go particularly to all his Majesty's ships abroad, for Capt. Love and another captain have yet received no warrant for stay of ships, and the Court was acquainted that Mr. Governor and others had met the day before and drawn up that which if the States and Dutch Company approve, will serve the present turn. Request of Daniel Harvey, who sold 70 hogsheads of nuts (nutmegs) to Gilbert Morewood, that the Company would accept Morewood's security for them. Greet's business to be looked up. Debate upon Evelyn's offer for the making of powder of the Company's East Country petre. Lord Carew very forward to give furtherance to the work. Request made in the Court of Admiralty for a warrant for the whipping and ducking of those men that were ordinary takers of the Company's imprest and did not go the voyage, but Sir Henry Marten not being there the Court would give no order therein. Petition from said offenders, prisoners in St. Katherine's, that the Company would release them and discharge their fees, which they would earn in their next voyage. Nathaniel Mountney, son of the Company's husband, who had before been at Surat, entertained at 20l. for two years and 10l. rising for five years more. 3¾ pp. [Ct. Min. Bk. VII., pp. 319–322.]
Jan. 28. 26. Consultation at Sir Thos. Smythe's house concerning the Persian voyage. Present: The Ambassador of Persia, Sir Thos. Smythe, Sir William Russell, Sir Humphrey Handford, Wm. Burrell, and Rich. Steele. The business, according to a letter from the Duke of Buckingham, was in all points with care and judgment handled, and agreed to be the only means, to draw the greatest part of Europe's money hither, in making the staple of the Persian raw silks here. Agreed that it was with all expedition to be put in execution, for there was a doubt made of the possibility of preparing shipping by the 20th March to sail with four ships of the merchants intended for India and Persia. Burrell, one of the shipwrights of England, undertakes the performance of the shipping; viz., the Dragon, of 450 tons, and four small vessels to be fitted with oars for the service of the King of Persia. The charge of these four vessels to be sold to the King of Persia will be 8,000l., and that of the ship at present will be 2,500l. Agreed by the Ambassador that the Persian shall freight the Dragon and allow 30l. per ton of raw silk, so that there will be a great return. 1 p. [East Indies, Vol. III., No. 58.]
27. "The charges of five ships in a voyage for Persia, with the profit of their returns observed by the Commissioners of the Navy." It is conceived necessary that two of his Majesty's ships should go this voyage, that the Hollanders may see the King intends the protection of that trade, as also to confirm to the King of Persia his Majesty's intent to lade thence the greater quantity of raw silks. The ships nominated are, the Defiance, of 600 tons, and the Entrance, of 500 tons, to be allowed to the King 24l. per ton or 26,400l., to be paid at their return, They must have 275 men, whose victualling will come to 7,000l. for 20 months. The adventure to be 30,000l. in "live stock, as cloth, kersies, tin, lead," &c, which will return 90,000l. The silks which the King of Persia may send, if it be at 2s. the 1l., will produce 180,000l., which will make 270,000l. profit. The merchants will set out three ships (or four if time permit), two of 400 tons and one of 300 tons: their stock (besides victualling, &c.) is to be 30,000l.: their expectation, that the King's ships and theirs go in joint adventure, that what ships soever return they may jointly take out their profit; and for speedy performance hereof they desire the Lords to underwrite, to the end they may fall on buying commodities, victualling, and such like. They further propose that if the Lords exceed the stock of 30,000l. they will do the like. There are to be no longer delays, or this hopeful trade will be in the hands of the Dutch. 2 pp. [East Indies, Vol. III., No. 59.]
Jan. 29.
London.
28. Morris Abbott, Governor Robt. Ducie, Rich. Ven, and Wm. Garway to Carleton. Understand that the letters and articles lately come from the States have so highly displeased his Majesty that he hath called a solemn assembly of all the Lords of his Council, with order to call unto them the East India Company, and seriously to consider whether it be fit he should sit down by these slight and ambiguous answers, or that he shall prosecute his former resolution for taking the ships of the Dutch Company. Accordingly the 26th present, the Lords being assembled "in the greatest number than any of us have formerly seen upon whatsoever occasion," the Duke of Buckingham and all the chief Lords present, the whole business was expostulated, which seemed highly to incense their Lordships, who after a particular debate of the two last articles, adjudged them to be so cunningly and ambiguously penned, that they were "far unworthy to be presented unto this State;" and for the matter of reexamination of that bloody murder of Amboyna, in the East Indies, "they made that their resolution ridiculous," and only a device to win time, seeing they have Mareschalk, one of the principal malefactors, who passes freely at his liberty. And here likewise it was remembered that in the time of the last treaty, in 1622, upon many grevious complaints against their General Coen, the States and the merchants here present answered that they had sent for him home; but yet no way to punish him, but rather to honour him with new employments. For all which things there was a general discontent in their Lordships, who, after some private debate, encouraged the Company that these grevious wrongs should be righted, and confirmed his Majesty in his former resolution. For this end my Lord Duke, by order of the Council, hath made new despatches unto his Majesty's ships, and to the forts on the coast, strictly to charge them to this service. Were also commanded to reform the said two articles, which shall presently be effected. Meantime send copy, as they at this instant have conceived them, and think there will be no alteration; but by the next he shall receive the full resolution, both from Mr. Secretary and the Company. 2 pp. [Corresp. Holland.]
Jan. 29. 29. Copy of the preceding. [Corresp. Holland.]
Jan. 30. 30. Propositions to the Ambassador of Persia, with the Ambassador's answers. In regard to the four galliasses the Ambassador answers that 16,000l. shall be given for them. As to the price of the ship to carry over the Ambassador, and the King of Persia making up her lading and other ships homeward, the Ambassador answers that after the Minister sent from the King of England shall have received 12,000l. for the galliasses and bestowed it in commodities, the King of Persia's subjects shall lade their goods in the ships, and pay here 30l. per ton freightage. The third proposition refers to the price of a jewel to be sent by his Majesty. The fourth proposition concerns the quality of the silk, and the fifth proposition the freight to be paid by the King of Persia, the rates at which he will deliver silks in England, and the English commodities he will take in part payment. Signed by Sec. Conway and Sir Wm. Russell. The answers are written by Sir Robert Sherley in the margin. Annexed,
I. Report to the Duke of Buckingham on the offer of the Ambassador of Persia to sell all the silk that will be vented in Europe to the King of England. Calendared in previous volume No. 572 p. 370. Together 5 pp. [East Indies, Vol. III., Nos. 60–61.]
Jan. 30. 31. Copy of above propositions without the answers. 1¼ p. [East Indies Vol. III. No. 62.]
32. Mem. by Sir Robert Sherley. "A proposittion for the full sattisfacttion of the Kinge of Persia for this presentt, in respectt of the shortnes of tyme wch Mr. Burrell his Majesty shipryght undertakes to bylde four gaily asses, that shaule sayle from hence into Persia, wch shaule be vessels so inforstt wth ordinance that shaule be soffittiant to defende the Gulfe of Persia from al ennimys, and to sett them there wth the expence of ayght thousande pounds." ½ p. [East Indies, Vol. III., No. 63.]
33. Propositions of the Governor and Company of Merchants trading to the East Indies for such privileges as they demand from the King of Persia. They require those privileges granted by a former contract to be fully and faithfully maintained; the King of Persia to receive English cloth and other wares at the Port of Gombroon and there to deliver the raw silks; the remaining half of the Castle of Ormuz, the moiety already belonging to the English to be delivered up to them with all customs or benefits, to defray the charges of the garrison and shipping required for its defence, the Persians having no shipping to do so; and to be aided by a sufficient number of men if the Portugals shall at any time beseige the Castle. Indorsed. "The Company's four propositions with the Persians." 1 p. [East Indies, Vol. III., No. 64.]
Jan. 31. 34. Court Minutes of the East India Company. Request of Henry Robinson for a loan of 1,000l. on security of 2,000l. of his adventure denied, finding it a very dangerous precedent. Report of Mr. Governor that himself and others besought the Duke for new letters to the narrow seas for stay of the Dutch ships; and they were sent the next morning; copy to be sent to the Downs to the Company's factors. Mr. Woodall acknowledged the Company's favour in procuring his liberty; but said he has only liberty to do the Company service for 10 or 12 days. To have his surgeon's chests ready by the end of next week. Concerning letters of administration granted to a sister of Henry Covert deceased. Request of Keightly to be spared overlooking surgeon's chests; but the Court would not exempt him. The articles to be sent to the States and Dutch Company, read: Mr. Deputy and others to attend the Lord President therewith. Ordered that Salbanke's widow, now wife of Mr. Wills, who hath understood that "the Whale was cast away at an anchor and all sails up, and that the Master was shamefully faulty," be examined. 2½ pp. [Ct. Min. Bk. VII. pp. 323–325.]
Jan. 31 to Feb. 14. 35. "An exact and perfect relation of a sea fight performed in the Gulf of Persia, Anno Dom. 1624–5, between four English and four Dutch ships against eight Portugal ships." See Capt. Weddell's account of this sea fight in his letter to the East India Company, dated 27 April 1625. 7½ pp. [Domestic Corresp., Jac. 1, Vol. CLXXXIII., No. 58, Cal p. 476.]