BEtween the Ilands of Palma, and Teneriffe, this Piratick Tragedy had its beginning, as appears by the Depositions of those Wittnesses in the Margent: Bowers. Harpley. Tuskin. Teat. [...]n Jopp. [...]nphriewhich remain upon Record in the Register of the high Court of Admiralty of England: They being first Legally Sworn, and examined after due intimation thereof, first given to the French Ambassador, and publique notice thereof by way of General monition First hung on the Royall Exchange in London, according to Law, and the accustomed practice in such Cases.

These said Wittnesses thus duely Sworn, and examined, do depose, and fully prove as followeth,

1. That the said Ship the Endeavour did belong in property and actuall possession to Robert Ox­wicke and Company, Marchants of London: and by them built in the River of Thames.

2. That the said Ship was laden in Teneriffe, with 313 Pipes of Canarie Wines, by Evan Pugh and others, Factors and Agents for Richard Baker, and Company, Marchants of London: and for their sole and proper accompt: and the said Ship was by them freighted of the aforesaid Owners in London, to go for Teneriffe, and from thence to return for London.

3. That the said Ship being there so laden for the accompt aforesaid, did therewith set Sayle from Teneriffe, and as she was Sayling in her direct and peaceable Course for the Port of London, were mett withall by four French Ships, under the Command of Giles de la Roach: who in an hostile manner assaulted them, and violently seized surprized, and took the said Ship Endeavour, with all her lading, on the 21th of November 1655. English Stile.

4. That after they had the said Ship and her lading in their possession, then they put the English Master and Mariners under close restraint, using them most inhumanly and barbarously.

5. That there being 3 other [...]sh Ships [...] or in View at the time when the French, seized on the Ship Endeavour and [...]g, (w [...] the said Fren [...] [...] medling) they were de­ [...] f [...] of the said [...] [...]ndeavou [...] [...]Mari [...] surprized the Ship Endeavour and her [...] and suffered the other English[?] Ships to escape unmo­lested? The said de la Roach, and other the French Commanders answered that they had no Com­mission for what they had already done in taking the Endeavour, nor against any English Ships: and although they had mett with divers other English Ships, yet they had not medled with any of them, nor would they have seized on the Ship Endeavour, had not her lading consisted in Wines, which was so necessary for their Voyage for Madagascar or the Red Sea.

6. That the said de la Roach and others of the French did say that they had stayed severall daies in Rochel in expectation to have had letters of Marque against the English, but could obtain none, because that the Peace was concluded between France and England: and said, that their Owners and Imployers, viz. the Marshall de Mill Ree in France, was Rich and able enough, and that he ought to pay and make satisfaction to the English for the said Ship and her lading.

Thus, as before, themselves confessed this spoyle to be an Act of Pyracy, having no Commission, so now they do as plainly acknowledge that satisfaction ought to be made, and that by the Marshall de Mill Ree.

7. That the said de la Roach and Company did neaver-the-less most ravenously plunder the said English Mariners, taking away all the goods they had in the said Ship, to the utter ruine of themselves their Wives and Children at home, ( and to fill up the measure of their detestable proceedings by leaving no one circumstance of the worst of Pirates unatempted,) they refused (more like in­fidels then like Subjects to the Christian King) to set the now distressed English on any Christian shoar, least they might get to England, and so the truth might come to light. For when these miserable English implored the said de la Roach and other the French Commanders the favour of being landed on some of the Canarie Ilands (that being also contrary to common [...]umanity denyed,) and when after­wards [Page 2] on their knees with infinite of tears, they beseeched the like favour of being put on the Ilands of Cape de Verde, answer was again made them most churlishly, and peremtorily, that they should not be set on any Christian shoar, because they should not return for England (as they said) to tell tales.

8. That after this, in order to destroy the said English and to deprive them of their lives, and to do it without appearance of direct Murther, (as these merciless French supposed) having beaten stript and most barbarously used the said English, they landed the Master and thirteen more of the English on the Guinea shoar amongst the Barbarous Negroes; leaving them no other sustenance then one hundred weight of Bisket dust, and one Pipe of Wine, ( least otherwise their expected Ruine by death might not be lingering enough,) where they remained fifteen weeks in most eminent hazard, and continual Jeopardy of their lives, exposed to nakedness, famine, and to the fury of the Barbarians: till by a most miraculous providence they were rescued from death by an unexpected and unusuall op­portunity of transportation in that place, in a Flemish Vessel, To the Glory of God, and the per­petual shame of these inhumane French-men.

9. That having so landed, the said English Master and 13 more of the English, two of the English Mariners being part of many more of the English which the said de la Roach and the French did carry away in their French Ships, did afterwards in another place in Guinea cast themselves by night into the Sea through a Port-hole, and so most strangely escaped, and afterwards by as wonderfull a providence these two arived also in England.

10. Thus much besides the sum of 16587 lb. for the loss hereby sustained by the English, the testi­mony of the said wittnesses doth clearly and authentically prove: nor is it to be omitted that these French-men also confessed that they were ordered by their Imployers, for to have gone for Lixboa, to have taken in Wines for their Provissions, for which purpose they carried Credits: but being im­peded by contrary winds, they resolved to go for the Canaries, in expectation to be supplyed therea­bouts: it being the season of the Year when Wines were usually Shipt off from thence.

To this may be added, that neither the said de la Roach, nor any of his company or imployers did ever afterwards (as by law they ought [...]o have done) bring the Master of the Endeavour, to the French Admiralty or [...]of the Comp [...]y, or in [...]vall and judication cause any examination to b [...] taken of the [...] [...]glish (so Piratically surprised) [...] any thing to be Judicially done about [...] their [...]o direct and prescribe, upon pain of loss and Corp [...] punishment [...] it is [...]they acted like most Notorious Pirates, both a parte ante, by attempting this Vyolent assault after that the Peace was Concluded, and without Commission as by their own Confession: and like Notorious Pirates a parte in, by the seizure, Plundering and Barbarous usage of the English: and like Notorious Pirates a parte post, by not bringing it to any Court of Justice for a legal Triall and Judication, as the Law of all Nations received requires, and also as by the said Articles of Peace they ought to have done.

The Peace between England and the French King was Concluded and Published the 3d of November 1655. New Stile, as appears by the date of the very Articles of that Peace; and this Piracy was Committed the 21th of November, English Stile. The proofes of all which, together with a true transcript and exemplication of the testimony and deposition of the aforesaid Witnesses, were by special order, and from the high Court of Admi­ralty, on behalf of the said English (so robbed and despoyled) transmitted to Paris, where by order of the Kings Councel, they were there translated into French in the Year 1656.

In September 1656. and in June 1657. Oliver late Projector, wrote and sent speciall letters to the French King, and to Cardinal Mazarine, pressing for Justice to be speedily administred in this deplorable case; the like letters were writ and sent by Thurloe to the English Agent Lock-hart, pressing him also to use all possible means by urgent intercession for the same, according to the Articles of Peace between England and France, whereby it was Capitulated and agreed, that in all such Cases Justice should be effectually administred within three Moneths.

Whereupon the said Agent Lockhart interposed when our said Proofes and Petitions were presented in the Councel in France; yet they would not admit them, till they had given advice thereof to the Marshall de Mill Ree, and received his Answer thereto. At last after some Moneths fruitless attendance we were per­mitted to proceed in the Course of Justice, and they made a Decree, that the said Marshall de Mill Ree should Appear by such a certain time set and limitted: notwithstanding which, neither he in his own Person, nor any other for him Appeared; whereupon we obtained a second Decree from the French King and his Councel, [Page 3] dated 27 January 165 [...]. That the said Marshall should yet have two moneths time more, to make his appear­ance for his defence, before Judgment should be given: and on the 20 th of F [...]bruary following we caused the said Decrees to our great expence and hazard to be signified and notified to the said Marshall de Mill Ree, And on the 8th of May following, it was certified us by the Notarie of the Councel, that neither he, nor any for him had appeared but stood out in contempt to both the said Decrees of the King and his Councell in France.

Whereupon the said Agent Lockhart, again most urgently prest for a hearing, and for sentence, which ac­cording to Justice and their own Laws they ought to have given: But it was the first of September following 1657. ere the Court could be prevailed with, to hear the Cause. And then their Sentence was only this viz.
That they, (viz. the Court) should write to their French King to beseech his Majesty, that he would write to the Marshall de Mill Ree.

The sixth of October following, the Master of Request was sent by order of the Councell of France, into Brit­tany to recover our Montes of the Marshall de Mill Ree; whence returning the second of January 1657/8. re infecta Offered the said Agent Lockhart for our use the sum of 8000 Pistols by way of Composition.

Thus having been at vast expence and charge in prosecution of this business in France, and all our Endea­vours (through the interest and petency of the said Marshall) rendered Elusorie, and to no purpose: no Justice to be there had (notwithstanding the sadness and equity of our Case) we were necessitated to have recourse a­gain to the usurping Powers then in England, and solicited them for Letters of Marque against the French by way of Compensation and satisfaction for this wrong, according to the said Articles of Peace, and the Law of Nations.

Whereupon order being given the [...]5 of March 1658. to the high Court of Admiralty to Examine and peruse our Proofes, Papers and Proceedings in this Case, and to report their opinion upon the whole matter. They did upon long and serious debate and deliberation of all the Circumstances in Fact at last Report and unanimously certifie▪ that we ought to have from the said French full Restitution for the said Ship and Lading, for the Principle and Dammages 16587 lb Ster [...]ng▪ The said report saying That it was a Tort and fowl spoyle done and committed, contrary to the said Trea [...]y of Peace [...]h [...] Law of Nations▪ and Common Right,

When they had notice in France that we were Soliciting in England for Letters of Marque against them▪ and [...]hat the Court of Admiralty were ordered to Report the State of the case▪ and how Barbarously and Cruel­ly they had used the English. Then we received advice from Paris of certain other strange and illegall pro­ceedings there; (which to omitt would be a favour they have forfeited) and to the end that the World may know of such their un-nationall illegalities, we have thought i [...] Consonant to the [...]at [...]lish it in [...]ssimis verbis.

[...] [...]wed Advice[?] [...]. From our Corres [...]nts there residing for this affair in th [...]se words, viz. There is a Decree against you h [...]nd Mounsieur Petit our Ambassadors Agent, desired to have it out, but they will not give it: th [...] [...]a­ster of Request hath been made[?] against you, yet he saith he is not satisfied in it.

And by another of the 26th of the same moneth, in these words, viz. It is true that they have Condemned your Ship as Prize, but how the Condemnation is, I know not: for they will not give it out; by which you may perceive their Justice (or rather Injustice.) And the Reporter Busherat (much a­gainst the interest of the English) confessed to Mr. Petit, and Mr. Morrel, that it was not done ac­cording to a Legall course of Justice.

And by another of the 16th of June, in these words, viz. Your Councellor hath Petitioned the Court for a Copy of your Papers, and of the Sentence; but it is denyed, saying, that they are in severall mens hands, and that we could not have them.

And by another of the 27th of July, in these words, viz. That the Papers cannot be got, unless the Powers (then usurping in England) make it their request. Besides▪ it was also advised, that the French Secretary of State hath forty Thousand Livers stock with the Marshall de Mill Ree, in that unluckie Madagascar designe.

We had an Agent in Paris no less then nigh four years Attending and Soliciting this business, who never had the least notice, Summons or Monition, (as by Law he ought to have had,) that any Sentence was to be given, neither were our Procurator nor our Councell so much as Summoned to appear, or heard to speak in the cause, at the time of such their Sentence. So that if any such were at all it was done Secretly, Surreptiously, and Clandestinely, (and as such it is void and null in Law) when for two years before we were most urgently and instantly pressing dayly the Court for a hearing, and for Justice, but could obtain neither.

[Page 4] Of all which their proceedings, we the English were necessitated to complain to the powers then here usurping; who (upon the 10 th of June 1658.) perused the aforesaid Report from the said High Court of Admiralty of England. And it was ordered, that Thurloe should (together with his Letters) send Copies of the said report, both to the French Ambassador, and to the said Agent Lockhart, pressing them to renew their Addresses, that (not­withstanding the pretended Sentence given in Paris) full and speedy satisfaction might be made to the afflicted English complaynants, which being writ, sent, and delivered accordingly, the said Agent Lockhart wrote there­upon to Count Bryene (the Secratary of State in France) with intimation that Letters of Reprizal would be issued for the relief of the English; in case satisfaction were not otherwise speedily made them.

The second of December following, relation being made by Thurloe (to the new usurping powers here) how that he had sent letters with the coppies of the Report of the Court of Admiralty (in conformity to the former order of the 10 th of June past) and had desired the French Ambassador, and the Agent Lockhart to make their earnest addresses that satisfaction should be forthwith made to the aforesaid English: and yet notwithstand­ing the same was not done. It was ordered that letters of Reprizall should be granted to the said English for re­paration of their said losses, against the French, in case satisfaction be not given them, by, or before the first of March next, untill which time, and no longer the issuing thereof is to be respited and forborn: whereof the said Thurloe was again ordered to give notice to the Lord Ambassador Bourdeaux, and also to the Agent Lockhart, that they might Communicate the same to the French King.

Thurloe having accordingly wrote and sent intimation to the said French Ambassador, and to the said A­gent Lockhart of the aforesaid order, how that letters of Reprizall would be issewed (in case satisfaction should not be made to the English) by or before the first of March then next ensuing.

Whereupon the said Agent Lockhart having recourse to the Cardinal and to the Secretary Count Bryene about it, and complayning of their illegal Sentence given, without having given the English so much as notice that the cause was to be heard or sentenced▪ ( a thing never before heard of:) The said Secratary made re­ply and promised both A [...]vocation of the Sentence unduly past to the prejudice of that cause, and satisfaction to be given to the English within 15 daies, which appears by the Certificate under the hand of the said Lock­hart, dated the 13 th of June 1659.

And by another Certificate of his the said Lockhart, dated the 10 th of March 1659/60. how that at his being in St. John de Luz, in complyance of an order from the Rump Parliament, the said Cardinal Mazarine pro­mised him that the business should be dispatched assoon as he and the Councell mett, and that full satisfaction should be given to the English. But to this day the English have not received a penny, to the utter ruine and decay of many of his Majesties good Subjects, their Wives and Children.

We cannot [...]eal, but here insert the Declaration upon Oath of Thomas Atkinson, one of the English Marriners of the Ship Endeavour, who with many more of the English of the said Ships Company, the said de la Roach and Company carried away in their French Ships.

• 1. How that the said de la Roach did (after his being aboard the French Ships, and long after the casting the Master and many more of the English a shoar in Guinea) take another English Ship, whose Masters name was Fisbell, and threw eighteen men into the Sea, and having taken out of the said Ship what they pleased, they set her on Fire.
• 2. That the four French Ships had 56 great brass Ordinance belonging to the Crown of England, which they had from Prince Ruper.
• 3. That de la Roach mett with Captain Taylers Ship, as she was coming from the East Indies, with whom he fought but could not take his Ship.
• 4. That after the said de la Roach and Companions were arrived at Madagascar, they made ready, and manned out the English Ship Endeavour, with intention to have carryed all the English to Ara­bia, to have sold them for slaves, but the Monson (or Winde) turning, prevented them.
• 5. That the chief mate of the Endeavour was starved, and died in Irons.
• 6. That all the rest of the Ship Endeavours Company were either famished, and died for want, or by inhumane usage, and that none remained alive but himself.
• 7. That being most miraculously returned to Nance, and there Petitioning the Marshall de Mill Ree for wages, he threatned him, and bid him go to his Owners and Imployers for his pay: saying that he must pay 16000 lb. for their Ship and Goods.
• [Page 5] 8. That the said de la Roach did carry him before a Judge, in Nance: and bid him declare that the Ship Endeavour and her lading did belong to Spaniards, and shewed him a handfull of Pistols, (whereof he threw one to him) and said that he would give him all that Gold, and would moreover pay him his wages, if he would swear so; and when they had understood that he had not so declared before the said Judge, one of the Captains that was with the said de la Roach in his Voyage did run at him, with his drawn Swords and having escaped from him, and receiving advice that they had determined to kill him, by the help of some English, he got in the Night aboard of a Vessell that lay at the mouth of the River, and so got for England.

Neither can we omitt the setting down also, the Declaration upon Oath of John Stone, chief-mate of the English Ship Adventure, whereof Joseph Tayler was Commander.

That as they were Sayling from the East India to London, in the moneth of April 1656. they mett with one of the four Ships belonging to the Marshall de Mill R [...]e. And after they had haled them, and told them that they were of Rochel, and that there was Peace between France and England, and that both were joyned in a War against Spain, and desired the English to come aboard their French Ship, which the English refusing to do, the French shot at the English, and after two daies fight, were left by them, seeing that none of thei [...] [...] Ships appeared, having before lost company. By the fight the English had above a 1000 lb. dammage.

THE PREMISES CONSIDERED. It is most Evident and Notorious, that the said Ship and Lading in property, and in right, belong only to Subjects of his Most Exellent Majesty: that they being in the quiet and peaceable possession thereof, were Despoyled, Robbed, and Piratically dispossessed there­of, in an Hostile manner, though in a time of Peace, by the said de la Roach and Company, all Subjects of the French King.

That those Ravenous Captors have by their own confession, concluded themselves under the horrid guilt of Piracies, not only by acknowledging they had no Commission for what they did, but also by declaring their knowledge of the Peace then concluded between England and France: whence their guilty Consciences could not be tongue-tyed from confessing that the Marshall de Mill Ree (their Principal Owner and Imployer) ought to make satisfaction to the English.

That not contented with the spoyle and depradation they had Committed on the goods and interest of the Innocent English, they afterwards proceeded to extend and exercise their Diabolismes and Infernall Cruelties on their Persons also; and having what adventures they had, they kept them under close restraint, and treat­ing them most inhumanly and barbarously: not suffering them to Land on any Christian shoar, though begd on their knees with floods of Teares; and having thus farr proceeded in their Cruelties against the said di­stressed English, they do then stripp them of their wearing Apparell, and insteed thereof give them many and many a stripe, beating and most doggedly affronting them with all manner of additional aggravations of mise­ry: In the next place they Landed the English Master with 13 more of his Mariners on the Coast of Guinea among the Barbarous Negroes, exposing them to Nakedness, and Famine, by leaving with them just no more sustenance then what might serve to multiply the terrors of Death, by antedating the fear of death: and others of the said distressed English did afterwards cast themselves through the Port-hole of the Ship, into the more mercifull Ocean, to avoid their Barbarous usage aboard of their French Ships.

And thus, having exposed so many of the English to the mercy of the Barbarians, leaving them only stripes for Rayment and Teares for Food: they now proceed in their mischevious malice against the residue of the English Mariners, of the said Ship Endeavour, and had resolved to have sent them to Arabia, there to have sold them for Slaves, had not the Almighty by contrary Winds counter-manded their hellish designe, and so in mercy gave a check to their unlimitted resolves; which slavery though they providently escaped, yet afterwards all of them, save one, (which was as a reserve of Providence on purpose to bear witness of the Truth) by these unparalled Barbarismes perished, some in Irons starved to death (as the Chief-mate of the Endeavour) and o­thers famished through the extremity of those wants, and Barbarous usages, dyed by those intollerable hard­ships of those inhumane French-men: who not satisfied with so stately a Ship as the Endeavour was, nor with so rich a Lading as she had, nor with the more precious blood of so many English as Sayled in her, did yet after all this upon their surprizal of another English Ship cast no less then 18. of her English Mariners into the Sea, plundered her Lading, and so fired the Ship, and many moneths after attempted to have taken also the Ship coming from the East India aforesaid.

Having treated of the matter of Fact: wee beseech your Majesty to take a short review of the proceedings of the French in order to satisfaction; for though the loss which the English sustained amounted to no less then 16587 lb. (besides the Lives of so many English Subjects) and that the said de la Roach nor any of the [Page 6] French ever bring the said Ship and Lading to any Tribunal for Justice, in order to a Legall Judication; inso­much that the English were for prevention of Famine, to many Widdows, and Fatherless Children at home, (as before had happened to their Husbands and Parents abroad) necessitated to make their application to the Powers then usurping in England, and having procured examinations to be taken upon oath of the whole mat­ter of Fact in due form of Law did Transmitt them to Paris, where they were Translated into French, by the French Kings order: whereupon the said usurping Powers in England sent their several speciall letters to the French King and Cardinal Mazarine, instantly pressing for speedy Justice on the behalf of the English; with like letters to their Agent Lockhart, to Solicite most earnestly at the Court of France; which he did accordingly, though Ineff [...]tually: For notwithstanding all this, such was the power, prevalency, and interest of the said Marshall de Mill R [...]e at the Court of France, who slighting the Decrees of the Court made for his Appear­ance, stood out in peremptory Contempt of the said Court, and Appeared not. At length after years attendance spent in Soliciting his business, that unparralled order ( Evasion or Delusion) was made by the Supream Court of France requesting that his Majesty would write to the Marshall de Mill Ree, we had thus a Cypher Instead of Justice from the French, and no more in point of satisfaction for the English. And all this, notwithstanding the said de la Roach had confessed that the said Marshall de Mill Ree ought to pay for the Ship and Lading; yea, and the Marshall himself had also said that he must pay 16000 lb. for the same. And the Secratary of State did promise that the English should have full satisfaction within 15 daies. And the Cardinal promsed both in Paris and again afterwards in St John de Luze, that the English should be forthwith paid, as by the afore­said Agent Lockharts Certificates.

Now forasmuch as the oppressed English, for the most sad and weighty reasons aforesaid, were necessitated to have recourse to the Powers then usurping in England, for letters of Marque and Reprizall, against the French, upon this their denyall of Justice, according to the Articles of Peace, and the Law of Nations, the di­stressed Complaynants in behalf of themselves and a great number of poor Widdows, and Fatherless Children, so made and undone by the said French. Humbly Imploring his Majesties Gracious Pardon, for their en­forced and necessitated address to the said usurping Powers, do now (as Loyall Subjects to his Most Sacred Majesty,) fly to his Royall Person, and his Regall Authority, (as next under God, the only Sanctuary of his distressed People,) and to his Majesties Two Houses of Parliament, as the Supream Councel and Judicature of these his Majesties Dominiors for speedy Justice in this most deplorable Case, against the French, that they may be Required forthwith to render to the oppressed Complainants full and effectual satisfaction for the Prin­cipal, with Interest, together with all Costs and Dammages sustained by the said English, by reason of the said spoyle and depredation unjustly Committed by the said French, as also by reason of the said denyall of Justice, subsequent to that spoyle, whereby the French are strengthned, the English weakned, Pyrates countenanced, Trade discouraged, much English-Innocent Blood exhausted, Free-Subjects of England by Forrayners Ensla­ved: the Articles of Peace Violated, and the Law of God, of Nature, and of Nations contemned and despised: that so the great sufferings of these his Majesties oppressed Subjects may at last by a meet and equivalent repa­ration and satisfaction be Ballanced according to Justice, and Equity: And that in case they shall on his Majesties demand of Justice, still (as formerly) deny it, that then according to their own Articles of Peace and the Law of Nations, his Sacred Majesty would be Graciously pleased to cause Letters of Marque or Reprizall upon this Specia [...]l Case to issue against the French, or such other course to be taken as to his Majesty shall seem expedient, for the relief and satisfaction of his Poor, Distressed, Suffering Subjects, in a Cause so Just, so De­plorable, so Loudly Crying for Justice, so Emphatically pleading for Pitty and Commiseration. And the Complaynants, your Majesties ever Loyal Subjects shall ever Pray, that he by whom Kings Raign, and Princes Rule. would still preserve your Sacred Majesty, as his Anointed, ever under a Guard of Angels, Bless you in your Government, and in both your Houses of Parliament, Enthrone you in the hearts and affections of all your Majesties Subjects in all your Dominions, for many years here, and in the presence of Angels and Glorified Spirits in the Kingdome of Heaven to all Eternity hereafter.