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ests which might hinder us from finding the truth and from coming to a summary conclusion; to proceed impartially to compare jointly the interests and damages of all and every claimant: To which purpose the judges of the High Court of Admiralty, by virtue of a commission granted to them by the Lord Protector, are authorized and appointed to administer the said oath to us on the 27th of June, in Goldsmiths' Hall, after the administration of which oath we are fully impowered to inquire into and examine all the heads of grievances and pretensions which shall appear to be represented by the subjects of the Republic of England, Scotland, and Ireland, on account of any vessel whatsoever and of all sorts of merchandize, goods, or anything which happened to be detained in the manner aforesaid. Therefore, as we shall jointly and severally judge and find what might be produced in exception by the contrary party on oath, or without oath, by instruments, documents, or other proofs, for any abatement or payment, we shall be capable to examine and find out the truth of all and every one of the said grievances and claims, the real value of the said ships, rigging, and everything to them belonging, the freight, provisions, merchandizes, goods, &c., as also all and every damage occasioned by the loss which the said ships and freight sustained by reason of the detainer. We are, moreover, authorized and impowered to proceed to a liquidation and taxation of all such damages sustained, and to give an impartial estimate and to pronounce judgment, and to publish the same under our hands as we shall think meet and just; which sentence, after it has been pronounced and published, shall not be subject on either side to any farther revision, appeal, or reclamation.

"Accordingly, the said Lords the States-General, by virtue of their commission, bound and obliged themselves to conform effectually to our said sentence, and to pay such sum of money as should be demonstrated by us to be an equivalent for the said loss within twenty-five days after our said final sentence was declared and published. In like manner we, the commissioners, are fully impowered and desired to assemble at Goldsmiths' Hall aforesaid for the purpose above mentioned, and after our first meeting, which was to be on the 27th of June, not to omit any day, except the Lord's day (commonly called Sunday), in order to proceed in the affair aforesaid, but especially not to defer the matters recomended to us, but to carry them to a final resolution and certain judgment, or else to break off abruptly. It was furthermore concluded between the commissioners on the part of the Lord Protector and those of the States-General that in case we should not agree to come to a final judgment and declaration in the matters herein expressed before the first of August next ensuing, we should be locked up in a room at Goldsmiths' Hall, without fire, candle, victuals or drink, or any sustenance, from the said first of August till such time, as we should agree to pronounce sentence upon the aforesaid matters, and to publish the same under our hands and seals; which confinement shall not render our award less binding than if the sentence had been given before it, in order to confirm all those intentions, constructions, and meanings which the said commissioners might form more at large.

"In conformity to what is above, be it known by these presents, that we, the aforesaid Edward Winslow, James Russel, John Bex, and William van der Cruysen, out of an humble obedience to the said article, and to

the commnissions therein contained, by virtue of the authority, full power, and direction given to us, assembled in Goldsmiths' Hall and took our solemn oath before the commissioners of the High Court of Admiralty of England, in such form and manner as it expressed and directed in the said article to be done by us the said commissioners, and that thereupon we have received, heard, and examined all and singular the grievances and claims of all and every the merchants, gentlemen, masters of ships, owners, and all such persons, subjects of the republic of England, Scotland, and Ireland, as are concerned in the said ships, rigging, provisions, merchandize, goods, and other things assigned and belonging to them, which have been seized and detained in the lands and dominions of the King of Denmark since the 18th of May 1652, and whereof mention was made in the memorials and writings delivered by the merchants concerned, in March 1653 and 1654, and exhibited to us, of ships and all sorts of merchandize, goods, or any other thing seized and detained as aforesaid, and also of all those things which were in general or particular produced on the other side, either by way of defense, or in abatement and payment of the said grievances and claims, together with the proofs of all and singular the said grievances and claims, as likewise of the right and true value of all such ships, rigging, appurtenances, freight, provisions, merchandize, goods, and damages occasioned as well by the said seizure and detainer as by the loss and detriment of the said goods and merchandize, or by any other means, by oath, and by such instruments, documents, and other proofs as we found, and judged necessary and equitable. We examined, and after mature deliberation of everything before us, compared one thing with another, cleared up and taxed, and at length determined and particularly declared and pronounced all and singular the damages aforesaid. Accordingly we, the before-named Edward Winslow, James Russel, John Bex, and William van der Cruysen, by virtue of the authority, full power, and direction given to us in and by the aforesaid article and commissions, and for accomplishing what is thereby understood, do, by these presents, under our hand and seal, determine, decide, and finally pronounce, that the damages so often mentioned amount to 97,973 pounds and ten pence, lawful money of England, as we do hereby liquidate and tax the damages just now mentioned to be 97,973 pounds and ten pence, lawful English money: And we do moreover decide and pronounce that the said Lords and States-General shall pay, or cause to be paid, the said sum of 97,973 pounds and ten pence, lawful English money, in London, for the use of the respective owners, to such person or persons as His Highness the Lord Protector shall appoint, within twenty-five days after this our award.

"In witness whereof we, the aforenamed Edward Winslow, James Russel, John Bex, and William van der Cruysen, have to the purpose aforesaid hereunto set our hands and seals, in Goldsmith's Hall aforesaid, the 31st of July, according to the usual calculation, anno 1654.

"Indorse.

"N. B.-That we the said commissioners mentioned in this instrument do find that the sum of 5,0001. sterling and 20,000 rix-dollars, amounting together to the sum of 10,0007. sterling, is paid, which, according to the tenor of the twenty-eighth article of the treaty of peace, is to be reckoned in

part of payment of the sum by us declared as within mentioned. In witness whereof we have set our hands the day and year within specified." "A regulation made and passed the 30th of August 1654 by the commissioners nominated on both sides, concerning the losses and damages sustained, as well on the part of the English East and West India companies and others, as on the part of the East and West India companies of the United Provinces, etc., pursuant to the treaty of peace between England and the United Provinces, in the year 1654.'

"We, John Exton, William Turner, William Thompson, Thomas Kendal, Adrian van Aelmonde, Christian van Rodenburgh, Lewis Houwen, and James Oysel, to all who shall see these presents and to all whom the underwritten do or may concern, greeting: Whereas by the 30th article of the treaty lately concluded and entered into between the most high lord protector of the Republic of England, Scotland, and Ireland, and the Dominions thereof, etc., and the high and mighty lords, the states-general of the United Netherlands, it was stipulated That four commissioners shall be named on both sides at the time of exchanging the ratifications, to meet here at London on the 18th of May next, according to the English style, who, at the same time, shall be instructed and authorized, as they are authorized and instructed by these presents, to examine and distinguish all those losses and injuries in the year 1611, and after to the 18th of May 1652, according to the English style, as well in the East Indies, as in Greenland, Muscovy, Brazil, or whatever else either party complains of having suffered them from the other. And the particulars of all those injuries and damages shall be exhibited to the said commissioners so nominated, before the aforesaid 18th day of May, with this restriction, that no new ones shall be admitted after that day.'

"And the most high lord protector above-mentioned and the most high and mighty the states-general of the United Netherlands agreed on both sides afterwards that the meeting of said commissioners should be deferred to the 30th day of May; and being mutually desirous that the things premised in the said article might have their due effect, did nominate and appoint us aforesaid their commissioners, for the examination and determination of the premises, with full, entire, absolute, and irrevocable powers, viz: The aforesaid lord protector, for his part, appointed the aforesaid John Exton, William Turner, William Thompson, and Thomas Kendal; and the aforesaid lords the states-general, in like manner, on their part, nominated Adrian van Aelmonde, Christian van Rodenburgh, Lewis Houwen, and James Oysel. And whereas the said lord protector, and the lords the states-general aforesaid, gave and granted to us the aforesaid John Exton, William Turner, William Thompson, Thomas Kendal, Adrian van Aelmonde, Christian van Rodenburgh, Lewis Houwen, and James Oysel, full and entire power and authority to examine and determine all those injuries which either part complains of having received from the other, from the year 1611 to the 18th day of May 1652, as well in the East Indies as in Greenland, Moscovy, Brazil, or any other country. And whereas it was their pleasure, that we, the aforesaid commissioners, should be fully and wholly impowered to hear and examine

1 Jenkinson, Treaties, etc., I. 52–68.

all instructions and informations of and concerning the premises, and all and either of them, and to admit of all documents and instruments of proof whatsoever, as also persons and witnesses, both riva roce and otherwise, as it shall be thought good, and in general freely to do and dispatch all and every thing and things which shall be necessary in or about the premises, according to solid discretion, for the better discovery of the truth, summarily, plainly, and without the noise and form of judgment. And whereas they gave and granted to us, the commissioners so chosen, full, entire, and absolute government and arbitration, power and authority to discuss, decide, and adjudge all and singular injuries and losses whatsoever, and (all appeal and revision whatsoever being entirely removed and set aside) as should seem to us the above-said commissioners consistent with equity and reason, finally to determine, liquidate, declare, and estimate the losses on both sides, and order, decree, and award real reparation, restitution, and payment to be made for the respective losses so liquidated and estimated, at convenient and reasonable times and places, and to proceed in the whole business aforesaid, fully, entirely, and finally, according to absolute arbitration, within the space of three months, to be computed successively from the 30th of May, in such manner that whatsoever we the commissioners aforesaid should determine, within the three months aforesaid, should fully and absolutely bind both parties; and both the lord protector for his part and that of the English, and the lords the states-general of the United Netherlands for their own part and that of the people of the United Provinces, were to take care that they caused all and singular the things which should be ordered and awarded by us the said commissioners within the said three months, in all and every one of the premises, to be observed, as is to be seen more at large from the very instruments of the commission. We, therefore, John Exton, William Turner, William Thompson, Thomas Kendal, Adrain van Aelmonde, Christian van Rodenburgh, Lewis Houwen, and James Oysel, meeting here at London, on the 30th of May, by virtue of the commission granted to us, did receive, within the term prefixed, the complaints of injuries and losses which the English society exercising commerce in the East Indies alleged and complained they have received from the East India Company of the United Netherlands, and which, rice versa, the said India Company of the Netherlands complained of having received from the said English company exercising traffick in the Indies, as we have here caused them to be inserted verbatim.

"A complaint, or certain schedule of losses which the merchants of the English company trading to the East Indies have sustained in the said Indies and the South Sea from the merchants of the Dutch company trading in the Indies aforesaid, for which reparation is required on the part of the aforesaid merchants of the English company before the lords commissioners of both nations.

"First, we desire reparation of the particular losses included in the fifteen articles following, which are calculated at £48,900 158. sterling. "I. On the 20th of March 1621. That the Dutch merchants at the Molucca Islands, Amboina, and Banda, in the very first year that we were partners of the expense with them in that trade, put down the following costs to the account, after the rate of one-third of our trade, viz. The expenses

laid out on the ships Galihorne and Tingans, on the schools, lodgings, gifts, and other extraordinary matters (to which we are by no means obliged to contribute). And while we advanced our quota, after the rate of one-third, towards the pay of the soldiers in ready money, they paid them in clothing of an unreasonable price; upon which accounts we paid that year 40,000 reals of eight, over and above our third share of the general expenses.

"II. March 21, 1621. That on the part of the English 24,650 reals have been paid for their third share in the building and repair of castles at the Molucca Islands, Banda, and Amboina, in which places we were but one year in possession of the trade, whereas the said repairs would hold good for several years, so that at least three-fourths of the said reals, amounting to 18,488 reals of eight, ought to be refunded.

"III. March 20, 1621. That the Dutch merchants exacted 1,106 reals of eight and compelled the English in the Molucca Islands and Amboina to pay the same, quite contrary to the treaties and conventions, under pretence of paying custom for cloves.

"IV. March 20, 1622. We paid at the Molucca Islands and Amboina 36,965 reals of eight to the said Dutch merchants, to be reckoned towards the expenses of the spices of the second year, expecting to be sharers with them in the trade of those islands; but the injuries and robberies committed upon us daily by the Dutch made us at first anxious and fɔlicitous about the aforesaid trade; and at length the inhuman cruelties with which they treated our nation, first at Poleron, and then at Amboina, wholly drove us out of the said trade; wherefore we desire restitution of the aforesaid reals, for which we have not yet obtained satisfaction.

"V. The said English company in the said first year laid out 23,507 reals of eight in domestic expenses, general charges, rents of houses, gifts, and cost of merchandize in the Molucca Islands, Banda, and Amboina; twothirds of which are to be refunded by the Dutch company, amounting to 15,671 reals of eight.

"VI. August 26, 1622. By the devastation and depopulation of the island of Poleron, the English lost in debts, for which Oran Kayenses and other natives were bound, to the value of 5,725 reals of eight.

"VII. The Dutch took and carried away by violence 21 slaves from the castle of Neilac, situate in the isle of Poleron, who were lawfully in the possession of the English, and are valued at 2,100 reals of eight.

"VIII. They also detained from us one-third part of four hundred slaves and other goods, taken in lawful war by those very ships for which they had settled a price beforehand, and forced us to pay it. Now, the third part of the said slaves, according to their own appraisement, comes to 9,975 reals, which, with the third part of the aforesaid vessels, valued at 1,000 reals, amounts to 10,975 reals of eight.

"IX. In September, 1622. That the Dutch fiscal took away by force certain goods out of the English warehouses at Jacatra, to the value of 16,182 reals of eight, in execution of an unjust sentence given on the part of certain Chinese, notwithstanding the appeal made by our consul to Europe, according to the form of the convention.

"X. February 22, 1622. At the same time when they committed that inhuman massacre of our countrymen at Amboina, they took away 30,058 reals of eight from the English.

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