A REMONSTRANCE OF THE FIGHT IN LEGORN-ROAD Between the English and the Dutch, VVith all the Passages of the Treaty held by the Great Duke of FLORENCE before the same.

Also many other Particulars, as they were presented to his Excellency the Lord General CROMWEL, And the Right Honorable The Councel of State.

LONDON, Printed by John Field, Printer to the Parlia­ment of England, 1653.

To his Excellency the Lord General CROMWEL, and the Right Honorable the Councel of State,

Thc humble Remonstrance of Henry Appleton, appointed by the State of England to Command the Leopard, as also the Bona­venture and Constant Warwick, for the Convoy of several Merchant-men through the Streights.

Having lost my Journal, it is not possible that I should give your Honors so particular an Account as I should else have done, however, I shall not omit any material Passage.

IN the beginning of my Voyage, Captain Cox in the Constant Warwick, contrary to Order, left my Fleet; arriving at Cales, I found him with three French Prizes, where he had dischar­ged the Prisoners, sending them to St. Mary Port, to the end I might not examine them: the Duke of Medina-Coeli hearing of them, orders, they should be put into the Galleys. The Prisoners petitioned me, that they might be free from Slavery: I sent my Lieutenant and Minister to the Duke, who, next day, sent a Colo­nel of his unto me, and granted me the Prisoners; whom I disper­sed amongst our ships, and afterwards discharged at Genoa.

Standing for Genoa, I discovered a great ship near the Shore, and to wind-ward of me, that chased the Warwick, who was ahead and to wind-ward of him; I tacked and stood with him, fired a gun to give the Warwick notice, but he would not hear: it proved a French-man, who putting out his Colours at the main-top-mast­head, tacked and weathered me; I fired many guns at him, several of the shot took place, but she our-sailed me, not answering with one gun. Standing in afterwards for the Port, the Warwick meets me with a Letter from our Merchants, which advised me of a French-man of War of Thirty six guns, that did much hurt upon the Coast, and then was as they supposed in Savona Bay: But wheresoever, he was within their Territories, and had no rope made fast to the Shore; the Republique would be very glad if I could de­stroy him. This was that very ship I chased, and had the Warwick but assisted me, through the blessing of the Lord I should undoubt­edly have carried him.

Arriving at Legorn, the Warwick discovered a Sail, weighs an­chor without my order, and takes a French Sattee coming into the Road. The great Duke demands restitution of this Sattee, as being taken in his Port: I called a Consultation hereupon, but Captain [Page 2] Wetheridge and Captain Cox would by no means agree to it, gi­ving me under their hands, that they would answer it to your Ho­nors. I then returned this Answer to his Highness, That as the Vessel was not taken by my Order, so I could not restore it of my self. Amongst other Wine the Sattee had in her several chests of Frontignac, and other Presents for his Highness, of which Captain Cox sent me a couple; but I immediately sent them ashore to Mr. Longland for the Governor, advising Captain Cox, that he should upon no terms keep away any thing that belonged to the great Dukc. He said, That there was all, and so I answered the Messen­ger. The Duke finding himself affronted in his Port, and thus abu­sed in the detaining of his Goods, falls into choler with me for the same, and charges his Resident in England to lament of me unto your Honors. And I found afterwards, that he had reason to be angry, though not with me; for Captain Cox kept several of those Presents which were sent the great Duke, and did dispose of them, as he confessed to Colonel Thompson here in London.

At Naples I made Provision for my Squadron, and passing thence through the Vare of Messina, I left the Bonaventure to bring the ship Agreement within sight of Zant, and to meet me with the Mary-Rose at Cyprus.

Betwixt Cerigo and Candy, the Warwick takes a French Sattee, and after four or five hours, when he had ransackt her enough, he lay by the Lee to stay for me. In her there was a Chouse or Mes­senger sent from the Grand Seignior to the King of Tunice, who had a Pass from Sir Thomas Bendish, the which when I read, I used what means I could for the restoring of his Goods and Cloaths; used him with all civility, landed him, as he desired, on the Island of Candy: all which he thankfully acknowledged in his Certifi­cate which I sent to Sir Thomas Bendish.

Captain Witheridge going into Zant contrary to Order, the Mary-Rose plies her Voyage for Cyprus alone, so I sent the Warwick with her; and the Richard and William for Scandaroon, ordering him to come to Smirna: upon my arrival at Smirna, I found the Bonaventure in the Port: so soon as I had got provision for my Fleet, and the Merchants ships were ready, I set sail.

Being at Jackamoes Point, the Consuls man brings me a Letter from Sir Thomas Bendish; wherein, in compliance with the Viziers solicitation to him, he did desire I would convoy their Fleet for Candy, an Officer of the Viziers being come down on purpose, and did expect my answer. I wrote a Letter to Sir Thomas Bendish in excuse, telling him how much time I had already lost in waiting for Provisions in their Port, and what necessity there lay upon me to be gone; and withal, how ready I should have been to have done the Grand Seignior service, as being a Prince in Amity with our Commonwealth, wherein his Desires and your Honors Com­mands [Page 3] were not inconsistent, but then immediately set sayl, not waiting a reply.

Off Cerigo the Warwick takes a French Sattee, but comes not near me till the next day, when asking for her, he told me she had nothing in her, but a little Money (bringing almost Two hundred Chickeens of Gold) and empty Cask, so of himself he gave her to the French again.

At Zant I met with Captain Badily going for Scanderoone, I left the Warwick to convoy the ships that were almost laden in that Port, to Melsina, whether they came as I was going out of the Vare, they and the Phenix in their company, never acquainting me with their intentions or bidding me farewel, stood away for Eng­land.

Having received several Letters from the Merchants at Naples, that a great quantity of Silk lay ready, waiting for our coming, sending the Benaventure with the Mary to Legorn, to the end that she, the Victory at Genoa, and any other ships bound homewards, might be in a readiness when I should call, I went into Naples.

Between this place and Legorn a Messenger from Mr. Longland brings a Letter to me, wherein was intimated the Hostility the Dutch had offered to our Ships in our own Seas, whilest their Am­bassadors were in treaty with us.

Coming to Legorn he brought me your Honors Letter, wherein you Ordered me to consult with him what was best to do; Accor­dingly I did, and he then gave it me under his hand, That it was safest to stay in that Port till the next Post came: Before that time Fourteen Sayl of the Dutch came into the Road; so soon as I espyed them, I put to Sea with the Bonaventure and the four Mer­chants ships, and towed the Leopard through the Fleet, there being no Winde at all, expecting the Engaging; but seeing they came to Anchor in a friendly maner, I towed a second time amongst them, and then anchored betwixt them and the Shore, our Mer­chants ships being betwixt me and the Shore: while they were un­der sayl and I close by, their Admiral fired Nine Guns without shot, being perswaded by my Officers, it was a Salute to me, I answered him with Nine shotted, not having any drawn; but af­terwards he made that pass for a Salute to the Port. Understanding that the Difference grew higher, it was agreed on by the Com­manders and the Merchants, to unlade all fine Goods; but this the Dutch forbad, however through the assistance of the Governor, we landed what we pleased.

The Warwick having carreen'd at Genoa, I sent her by the advice of Mr. Longland, to finde out Captain Badily, and to acquaint him with the Breach with Holland; the Dutch saying, That at that time they had received Order to fight us.

The Dutch had sent several times to Florence, to sollicit the [Page 4] Duke to deny Protection to our ships, and gave high words, That they had Orders from their Masters to sink or burn us in the Road; Hereupon the Governors sent to Mr. Longland to acquaint me, That if I expected Protection from the Duke, I must come into the Mould, or else they would not fire a Gun in my favor; so Mr. Longland being aboard at a Consultation, it was agreed we should come into the Mould, and so we did.

Some few days after, the Colonel of the Town sent Mr. Long­land to acquaint me with these Propositions the Dutch had made unto his Highness; viz.

That no Man of War having an opportunity to depart, ought by a most ancient Law, to stay in any Port beyond such a time. That they, to that end the English might go to Sea, had staid out several days: That they would give the Merchants ships leave to relade their Goods, give them free liberty to depart; nor would they stir till they had been departed five days, the which if not ac­cepted, they would forbear endeavoring to ruine them no longer. To these I was immediately to give my Answer: The opinion of our Factory then present, was, That whereas the Dutch had waited several times upon the Duke, and did sollicit daily that he would deny Protection to the English, and all this while the English never owned him, nor went to give him thanks (as I indeed desired, but Mr. Longland opposed me in it.) The Duke now seemed to spoil the vertue of our Gratitude, by his necessitating us unto it; so Mr. Longland did desire me to send one to treat with the Duke accordingly: That himself with other Merchants would go to thank him for his Protection of their Goods, and that the Masters would do the same for the protection of their ships, and joyntly to beseech him the continuance of his Favors; Hereupon Mr. Long­land and my self, with several of the Merchants, desired Mr. Na­thaniel Reading to undertake the Business, the which he did at our entreaty; and at that time ingaged himself on my behalf, That I should not disturb his Highness Port, except I were commanded to the contrary; How he managed the same, and effected the con­tinuance of our Protection, your Honors have understood by his own Relation; the Lord having at that time visited me with a violent and tedious Sickness, so that I could not write; during the time of my sickness, there came News to Legorn of Captain Ba­dileys being engaged with the Dutch of Monte Christo; hereupon, although I was not able to walk alone, and Captain Wetheridge was just dead, I resolved to go to help him, notwithstanding there lay six Dutch Men of War in the Road; but as I was got aboard and rea­dy to go out, I received a Letter from Captain Badiley of his be­ing in Porta Longone, and desiring me not to think of stirring till he was fit to put to sea.

I sent for Captain Cox to command the Bonaventure, and when [Page 5] he came, the Phenix which was taken by the Dutch, was brought into the Mould, and he was always talking of burning her; I sent him in particular that Order which your Honors sent me for not disturbing the Great Duke's Port, told him the Engagement I had lately made to the contrary, and the great danger all our ships were in, if he should burn the Phenix, not onely for the incen­sing of the Duke and Dutch against us, but also of the firing of our own ships too; however he persisted in his actings, contrary to your Honors and my Order, chasing their Boats, and occasioning many complaints of the Dutch unto the Governor: I told him how much I had suffered for his former Insolencies in this place, how what he did might tend to the ruine of us all; but yet he would not hear me, acting several times against my Order, stirring up his men by many seditious speeches against me, and never own­ing me at all, notwithstanding the Commission I had from your Honors, and the many respects and continual courtesies which I had always shewn him, so that I was necessitated to bid him return to his former command, least he should make a Mutiny amongst our ships; In the interim Captain Badiley arrives and brings me Order for his Commanding in Chief, the which I readily obeyed.

Captain Badiley now placeth Captain Cox in the Bonaventure: and I being freed of the Engagement which I had made unto the Duke, it was agreed on to surprize the Phenix then in the Road, riding the outermost ship, with the English Colours under theirs.

The Attempt was thus:

Captain Cox in the Elizabeth's Shallop with nine Oars and four Sitters, my Lieutenant Yong in the Sampson's Pinnace, with thirty four men, and Lieutenant Symmes in the Bonaventure's Pinnace with thirty four more.

Having lost one another several times, at last towards morning they all met, and coming up in the Phenix stern, Captain Cox or­dered them to board the ship on both sides, whilest he went for­ward with his Shallop to cut the Cabel; the Lieutenants and their crew entred, and after some dispute, in which Lieutenant Yong and two more were slain, they took the ship; Young Tromp and some of his Officers escaped in their own Boat; the ship being under sayl, and the Fight over, up comes Captain Cox, drives the men out of the Cabbin which had done the service, and after found the Money, saying, The Cabbin belonged unto him; and not­withstanding the Promise made before the Enterprize, to share the Booty equally, he kept it to his private use; all which, several of the men are ready to make good by Oath.

In the morning I sent Mr. Longland an accompt of the particulars, to the end your Honors might have notice quickly of the same; and he immediately sends his servant with the news, not giving me the liberty of sending by him.

About this time a Dutch man came aboard my ship, whom I suspected for a Spy, with Mr. Longland's advice I clapt him in the Bilboes; having leave to ease himself in the ships-head, he leaps into the water, and swimming to the Moulde, two of my men being a shore, I bad them stop him; but he promising the Centinel mo­ney to rescue him, got to his house. I went ashore, desiring the Sentinel to deliver me my Prisoner, promising, I would carry him to the Governor. This he granted, and carrying him aboard, there came a Sergeant and two Soldiers, demanding of the Prisoner, threatning to fire at me else: The Prisoner leaps out of my Boat, and went ashore. I sent my Minister to Mr. Longland, to let him know punctually what had past, to the end, he might acquaint the Governor therewith; but Mr. Longland would not take the pains, whereby the Duke and his Ministers, through misinformation from the Dutch, were much incensed against me.

And these, I do assure your Honors, are all the Circumstances of that Business, as many now in Town are ready to depose.

Two days after, Mr. Longland comes aboard me with one of the Dukes Captains, telling me, the Duke would speak with me at Pisa; I asked him, what he thought it was about, he answered, that he could not tell, but he would go along with me. Being up­on the way, he asked me what I would say to the Duke, in case he should ask me about the taking of the Phenix? I said, That I could easily clear my self of the former Engagement I had made unto him, for it was conditional, if I were not commanded to the con­trary, as here I was by Captain Badily, who positively did com­mand, to retake or destroy the Frigot; and to that end, sent several men from Port-Langone, promising to each of them a good sum of money. Mr. Longland perceiving that I could clear my self from breaking my Engagement with the Duke, and that the Dukes displeasure must light on Captain Badily and himself, upon our ar­rival at Pisa, goes to Signior Pandolfino, the Dukes Secretary of War, and having had private conference with him, I then was sent for to the Palace; but Pandolfino would not suffer me to see the Duke, commanding the Governor of the Castle to put me in a coach and carry me away to the Castle; Mr. Longland and Cap­tain Wood (of whom I never did deserve but well) publiquely tri­umphed, that they had brought me into that condition. And not­withstanding they pretended kindness in their going with me, it seemed, it onely was to work their ends upon me; for during my four days imprisonment in the Castle, they, not onely came not near me themselves, but none else were suffered to come that would; denying to let my men know what became of me, or where I was, that they might send me Cloathes. At last, an An­swer being come from Captain Badily, That he would do Justice upon any under his command, that should commit so high Of­fences [Page 7] against the Duke, as was pretended I had done; I was con­veyed by a party of his Horse, through woods and by ways, Forty miles, unto St. Vincents, where for three nights together I lay up­on the stones; and thence being carried by a Faluca to Port Fe­rara, there I remained till Captain Badily did send to fetch me.

Nor did Mr. Longland think he had yet triumphed enough over me, till as he had made me suffer much in my Person abroad, so I should more in my Reputation at home; and therefore he conti­nues to have a Currier sent on purpose, to complain unto your Ho­nors of my violating our Nations Faith, and the Dukes Port, in surprizing of the Frigot, and affronting of his Centinel: whereas Mr. Longland well knew, as God and the world doth, Captain Badily commanded the taking of the Frigot, and takes it upon him­self, and that I never touched the Centinel or gave him an ill word; and could I have obtained the liberty of speaking unto the Duke, as afterwards he told me, all this had been prevented.

The Dukes Currier returning, your Honors sent me an Order to command me home, and that I should make all the haste as possibly I could over land; I obeyed it with all readiness, and to that end, coming to Legorn, where the Dukes Secretary, Captain Badily, and the Dutch, were in a Treaty; and having there concluded to fight the Dutch, it was ordered by a Councel of War, That I should stay to command the Leopard till the Fight was over, Provided I would give six hundred Crowns to have leave from the Duke; and Captain Badily would then Answer to your Honors for my not co­ming home by Land, according to your Order.

I answered him, That though no man on earth should be more ready to serve his Countrey then my self, that yet to buy the hazard of my Life at such a price, were to invite a Curse from my Wife and Children, whom I have too much wronged already by my serving of the State; that therefore, though I would serve them, though I got no money by it, yet I would not give money for to serve them.

And truly when I considered it, I found it a bad bargain, for if through that Composition I should be admitted to venture my Life, and through the Mercy of the Lord I should out live the Fight, that yet I must when all was done, hold on my journey over Land.

While this was in dispute, there came an Express from his High­ness to his Secretary, signifying, That he was not onely contented, but much desired I should be admitted to my former Command.

So I was setled in the Leopard, and Captain Badily having sent several Expresses to Captain Cox, to come with the other ships he then commanded, from Naples to Port Longone: He contrary to all Order goes to the Vare of Mesina, but after more then Twenty days expecting him, at last he comes, leaving the Henry Bona­venture [Page 8] behinde him. Whereupon, Captain Badily seeing Captain Cox had acted so much against his Orders also, and that he had oc­casioned the omission of so many opportunities to get out and joyn, the Enemy not being sometimes but Five, other times Two, and after none at all in Port Longone, their Admiral being cast away, and another of their ships fast upon the Rocks; and lastly, having come away without the Henry Bonaventure, which Vessel might have done good service in the Ingagement, and could do none in waiting where he was, his Prize being in a safe Port, he told me, That the State had better to have given Twenty thou­sand pounds, rather then Captain Cox should have carried himself in that maner; and since we hear, the Dutch have taken her.

Captain Badily departs for the fitting his Eight ships and a Fire ship at Port Ferara, and being under sail, sends me Orders to haste to him, so soon as the Dutch weighed Anchor to go towards him; and to the end he might not be over-powered by the Dutch before I could assist, commands me for to haste upon my Life, and that with all the sail that I could make.

Captain Badily plying near the Malhora, sends his Lieutenant to me in the night, to know our readiness, and to advise, that the Warrick should be ready near the Mould-head by break of day, to keep off the Enemies Fire ship, which, with Twenty five more, lay ready with their Top-sails loose in the tops, and their Anchors a­peek, ready to wait our motion. I called a Consultation upon his coming, and at that time there springing a small Gale, had some thoughts of getting out; but Mr. Longland not being there, with­out whom we durst not act, and Captain Badily's Order being to the contrary; and during this Consultation the Gale ended, and there was no Wind stirring, it was agreed on not to stir till morning.

In the morning Mr. Longland comes aboard, and then I told him what we resolved upon in the night, he much approved thereof, for had we stirred, it falling calm, we had in probability been ruined. Captain Badily keeps still near the Malhora, the Phenix Warwick, and another of our ships come to the south-ward of the Lanthorn, and Captain Badily stood after them, hereupon the Dutch weighed.

Mr. Longland and the Commissioners being all aboard me, concluded we should make all possible haste, the Winde being Easterly off Shore, my Orders being to hasten as for Life, Mr. Longland and all the Commanders agreeing we should loose no more time, we slipt our Cables, and made all the sail we could. The Dutch were now in the middle betwixt Captain Badily and our ships. By that time our stermost ship was well cleared off the Mould, the Dutch tacked upon us, we stood with them resolving to break through, they fired at us; (the wind now changeth to South­east) [Page 9] so that Captain Badily and his Fleet could have come quar­ter-wind up to us.

The Bonaventure had not fired twenty Guns, when within three of her lengths from the Leopard, she blew up in the Air; while I was clearing my self off the wrack, the Sun of forty Guns, and the Julius Cesar of thirty eight, boarded me both of the Lard-board side.

Captain Seaman in the Sampson coming to my Assistance, as was agreed, was boarded by yong Tromp in a ship of forty two Guns; Tromp seeing himself worsted by him, calls to the Fire ship, who boarded the Sampson on the other side, and fired her immediately.

Captain Marsh in the Levant-Merchant was boarded by a ship of thirty six Guns.

Captain Wood in the Peregrine also by another, but Captain Fisher in the Mary made his way through the Fleet, and joyned with Captain Badily.

This was the condition of my Squadron all of us, especially my self having the several Broad▪sides from the Enemies other ships passed upon us, whilest we were disputing with these that boarded us.

All this while Captain Badily and his Fleet lay awether of us, making several shot, though at too great a distance, notwithstand­ing the Wind was very good for his coming up.

Captain Cox runs the Phenix aground the Main, and there lyes for half an hour.

Captain Ell in the Lewis comes up to my Assistance, firing at them that poured their Broad-sides on me, as also on them that boarded me.

Captain Fisher in the Mary making his way through the Enemy a second time, did very good service.

Captain Badily at last comes within half shot of me, betwixt the Leopard and the shore, and he with others of his Fleet did make some shot.

Captain Wood not being relieved in so long time, surrenders.

Captain Marsh having sunk the great ship that boarded him, immediately was boarded by another, and being over-powred by the Enemy, much torn, many of his men slain, and none of our friends coming to relieve him, was taken.

The Warwick coming up the second time, and giving several Broad-sides to them that boarded me, my self, the Master, and the Corporal called to him to forbear firing at those two that boarded me, they having called for Quarter, and to engage with them that plyed their Broad-sides on me.

Captain Badily orders Captain Whiteing in our Fire-ship to board the Dutch Admiral, promising that himself would engage him, till he had made his Graplings fast; accordingly he makes [Page 10] towards him, but Captain Badily not coming up as he expected, by which means the Dutch Admiral played all his Guns upon him, was sunk just at his stern.

I still expecting that Captain Badily and the Frigots would en­gage those five ships that gauled me in that maner, to the end I might have taken possession of those two ships which had so long boarded me, and called for Quarter, and for a good while forbear­ed firing; but the Lord of Heaven having otherwise determined it, they not onely refused to help me themselves, but would not let others do it that would; for Captain Ell who lay near me, and did great Execution on the Enemy, coming to lye at my Star­board-bowe for my Assistance, was called away by Captain Badily, who without any more ado set his Main-sayl, and made way from me with all speed he could; so Captain Ell and Captain Fisher, who once more was coming up for to help me, and was the inner­most and northermost ship of all, seeing Captain Badily to leave me thus, were necessitated for their own safety to follow after.

The Dutch seeing Captain Badily thus gone, chased his nine Sayl with eight, of which, the Admiral, the Redhare, and the Half-Moon, all disabled ships, were three: And seeing I was thus aban­doned, up comes the Vice-Admiral of the Dutch with five ships more, and fires at me with more violence; and those two ships that had cryed Quarrer seeing me left alone, began again to fire: And after two hours dispute, their Vice Admiral laid me cross the stern, raking me fore and after: our stern being beaten in, and Til­ler shot in pieces, fourteen Guns made unserviceable, the ship every way pitifully torn, almost half of our men disabled, and my self, Lieutenant, and many Officers wounded, and the Enemy increa­sed; but most of all, my men being discouraged by their friends forsaking of them, they resolved to fight no longer; I forced them several times into their Quarters, and trying fair means as well as fowl, proffered a hundred Crowns for every shot that they would make out of a Demy-canon in the Gun room: The Gunner and one of the Masters mates made two shots, and were making more, but presently I understood how some did call for Quarter, saying, the Enemy was on the Poope; hereupon I called the Gunner, and privately bade him blow the Poope up, as he was going to blow it up, and assisted by the Master and Corporal therein, the men per­ceived it, and laid hands on him, I came straight to rescue him, but then they seized on me, putting my shoulder out of joynt, by wre­sting my weapons from me, and held me, whilest some of them called for Quarter, until I was delivered into the Enemies hands, who, had not my men intreated for me, had resolved to kill me, for I denyed Quarter.

Being thus their Prisoner, I was conveyed aboard their Vice-Admiral, and after their heat was over, they used me civilly and [Page 11] dressed my wounds; confessing to me several times, That if Captain Badily had assisted me with his Fleet, they should not have been able to withstand us.

The next day after the Fight they cleared all the Prisoners, except Captain Seaman, Captain Marsh and my self.

Mr. Longland sends those that would go upon his tearms to Ve­nice, but he not giving them but two Dollars and a half to carry them so many days Journey through a strange Country, many refused to go, knowing that twice as much could not defray their charges: Some that undertook to go, dyed by the way of Famine; and they that did arrive were almost naked, having sold their cloaths for victuals.

And during our nine weeks Imprisonment, although we always were within a mile of the Town, Mr. Longland never was the man that owned us, or sent to help us in our wants; of which the Dutch themselves complained.

Upon our several Securities to appear in Holland, they gave us leave to go, and being come ashoar, the Great Duke sent to speak with me; accordingly I waited on him, and there he pleased to tell me, That he was sorry for my sufferings, but knew no way to make me amends but by his Letter to the Parliament.

What else his Highness and several about him, what Mr. Long­lands own people, and the Italians which were Spectators said of this Engagement, I shall forbear to mention as I do many other things; the concealing whereof, should not more prejudice your Honors or my self, then the relating them can possibly reflect on them whom they concern.

This I shall onely say, That whereas Mr. Longland chargeth me with breaking Orders in coming out to soon, I shall refer your Ho­nors to the Premises; to Captain Badily's Letters, which I have to shew, and to the Oaths now ready to be made herein, to judge, assuring you, That when he and the Commanders had unanimously agreed to our going out, and himself had taken his leave and was going in his Boat ashoar, he returned, and prayed us to haste for fear that Captain Badily should be oppressed before we came.

The several Accompts of moneys I received, disbursed or char­ged upon the State through the Voyage, are all in readiness when­ever that your Honors shall appoint to Audit them.

To give your Honors no further trouble, This is the sum of what hath happened since my going out, the truth whereof, as in his presence who is Searcher of all hearts, I do aver; nor hath my naming any particular in this Narative proceeded from spleen to him, but love to truth, to the end your Honors might be im­partially informed how your Affairs were managed, rendring [Page 12] most humble thanks for my Exchange: I submit my self to your consideration, as of what I have done, so of what I have suffered for you.

Henry Appleton.

The Sampson was fired after an hour and a halfs dispute.

The Peregrine was surrendred within three hours.

The Levant Merchant held out four.

And the Leopard, in all, above six hours.

In Legorn we received as much respect and civility from his High­ness The great Duke, as from any Prince into whose Port we came: And as to my own particular, notwithstanding the means used to to incense him against me, yet he commanded, while I was in his hands, that I should want for nothing; so that both in the Castle of Pisa and Porta Ferara, also I was treated with all kindness.

I Edmond Seaman Captain of the Sampson, having been with Captain Appleton, From his coming into Smyrna till his return into England (except the time of his first Imprisonment) and having perused the Narrative he hath made; forasmuch as I was present at, and privy to most of the Transactions therein, do aver the truth thereof, and am ready to maintain the same by Oath, when ever I shall be called thereunto: And in testimony thereof, do hereto set my Hand.

Edmond Seaman.

I Stephen Marsh, Captain of the Levant Merchant, having per­used this Narration, do finde it, for so much as I was capable of knowing in the whole Voyage, especially in the Engagement (being in my own Vessel) to be true; The Premises I am ready to make good upon Oath, whenever called: And in testimony thereof, do hereto set my hand.

Stephen Marsh.

I William Ell Captain of the Lewis, do certifie, That as I was going to relieve Captain Appleton, being fully resolved either to lay him aboard, or else the Enemies that lay on board him; my men cryed out, They would lose their lives rather then let their Vice-Ad­miral be ruined: Captain Badily with his own mouth calls me away, told me I must stand after him; and though he had fair opportunity to Engage the Enemies Admiral single, yet did he not do the same: And having perused this Narration of Captain Appletons, com­paring it with my own Journal, I finde it (for so much as I was capa­ble of knowing in my own Vessel) to be true; The Premises I am ready to make good upon Oath, when ever called: In testimony thereof, I do set to my hand.

William Ell.

We whose Names are here under-written, do testifie, That Captain Peter Whiteing Commander of the Fire-ship, after the sinking of his ship, and his coming aboard Captain Badily, did in our hearing several times say, That Captain Badily, having left Captain Ap­pleton in the middle of his Enemies, two hours after seeing from his Poop, that the Leopards Colours were still in the Fore-top, and the Guns firing, fell, as he had good reason, into passion, saying, He was an undone man for ever.

Robert Daines. Samuel Wily.

We whose Names are hereunto written, do testifie, That the Ita­lians and French in Legorn seeing how Captain Appleton behaved himself towards the Dutch, and how Captain Badily behaved him­self towards Captain Appleton, and the other ships, protested, They would tear Captain Badily in pieces for a coward as he was, if ever he should come on shore.

Robert Daines. Samuel Wily.

If your Excellency shall not conceive these Testimonies enough to make out the truth of my Remonstrance, I shall, when ever cal­led unto it, produce very many more: as also shall readily Answer to any thing thing that can be objected against me.

Hen: Appilton.

The Declaration of Edmund Seaman Commander of the Samson

Humbly sheweth,

THat being at Smirna, Captain Appleton came into the Port, where I shall briefly give you an account of our Proceedings. Off of Livorn some five or six Leagues, we had a Filvea met us, and gave us notice of the Affront the Dutch gave our Nation, whereupon, we much desired to be gone for England, but Mr. Longland desired Captain Appleton to stay till the next Post; and in the interim, Four sail of the Dutch ships of War came in upon us, but before they came into the Road, we all weighed and stood to them, so we and they anchored; we anchored between them and the shore, and there were blockt up by them. Soon after, Mr. Longland came aboard, and told us, That he was sent by the Go­vernor and Collonel of the Town, that we must come into the Mould, for where we rid we could not be secure from our Enemy; so that night we got all our ships into the Mould, but were forced first to lighten them: so there we were in safety, we having the Grand Dukes Protection. So within two days of our being in the Mould, it was agreed upon by Mr. Longland and Captain Apple­ton, and the rest of the Nation, That some should go up to Flo­rence, [Page 14] to give the Grand Duke Thanks for his protecting of us; whereupon it was agreed, That Mr. Longland, Mr. Boneile, Cap­tain Roop, Captain Wood and my self, in the behalf of the Mer­chants, and Mr. Reading at the request of the Nation, for Captain Appleton being very sick at that time. We no sooner were arrived at Florence, but we were presently sent for to come to the Grand Duke, which we did; and as soon as we had given him Thanks for his protecting of us, he asked us, If we thought our selves secure from the Dutch? I answered him, That the Dutch we did not fear so long as he was our friend. Soon after we had news, that Captain Badily was engaged with the Dutch, and then there lay in the Road four of their men of War, and two that they had taken up in their service, so that there were never less then six of them in the Road of Livorn. Captain Badily being come safe to Porta Longona, sent Captain Cox to see what condition the ships were in at Livorn, and to have the Merchant ships go out to engage with the Dutch; I answered him, I would not act any thing without a Warrant, either from the States or from my Owners: which soon after, Captain Badily or Mr. Longland sent to the States for Com­missions, to take up our ships, which, as soon as we received the said Commissions, obeyed them, and fitted our ships for men of War. Captain Badily being at Livorn, coming aboard the Leo­pard in the afternoon, calling a Councel of War; and when we were all together, he was pleased to tell us, That we must deliver the Phenix or the Bonaventure, or be gone out of the Mould: Notwithstanding, how much it concerned us to know what was treated on by the Dukes Orders, he to that end sending his Secre­tary from Florence, to accommodate the Difference between the Dutch and us: Captain Badily never acquainted us with any thing but a necessity of delivering up the Bonaventure or Phenix, or else be gone in Fifteen days. Whether we might not have stayed upon other Terms, I cannot speak to, Captain Badily and Mr. Longland doing all without acquainting us further. This onely I am sure that the Secretary said, That if Fifteen days were not enough, we might have Ten, and after that Ten days more: whereupon Mr. Longland said, That the Grand Duke carried himself with as much respect to our Nation as can be, not forcing us out of his Port, but endeavoring what he could to compose our stay; and notwith­standing we might have had so much time, whereby we might have been in a better condition to fight, or else might have received Orders from the State, what to have done therein. But after some dispute we agreed, That he should get the rest of the ships ready that were in Porta Longona, and then see what might be done: when we were all ready, having fitted our ships for sailing and fight­ing, we looked every hour for Captain Badily, which on the second of March, we espied our Fleet at the going down of the Sun, [Page 15] which was a great encouraging of our men; that night Captain Cox came aboard the Leopard, and from Captain Badily, to desire us to be ready at an hours warning, which we obeyed. On Thurs­day night Captain Upcher and Captain Whiting came and told us, that they were close by the Lanthorn, but as soon as it was day, we found no such thing, but were altogether, three or four Leagues off by judgement. After that they were gone, Captain Badily sent his Lieutenant to us, that if in case the wind should come off shore, that we should come out upon our lives, before he was too much engaged; which he, for his part, as far as I could see, did never in­tend to do: And on Friday morning we received order to come out with all speed, and that morning, Mr. Longland with the rest of the Captains resolved to go with one general consent; the Dutch being all weighed and stood to Captain Badily, so that it was Mr. Longland's desire, that we should make all the haste that possible we could, before our Admiral was too much engaged, and so took his leave and went ashore from us; and we having a fine Brease off the shore, immediately set sail, the Bonaventure first, the Leopard next, and after all the rest. But we no sooner were all clear of the Mould-head, but Captain Badily stood off; the Dutch seeing that, bore in upon us, and in less then half an hour that we were come out, we were engaged; and in the interim, of a sudden, the Wind shifted to the South-East and South-East by South. Captain Badily and his Fleet, if he had pleased, might have been as near the Dutch as we were. The Bonaventure in a short time blew up; and then we looking for Captain Badily and his Fleet to have fallen on, could have no Relief of him: but instead of coming to relieve us, chased one of the ships belonging to Livorn, though he saw the Dukes Colours flying; and as soon as Captain Cox made him coming back, ran his Frigot aground upon the Weather shore, so that we had but little Relief all this time. At length I was boarded by a ship of 20 Guns for above an hour and a half, and at last boarded on the other side by a Fire-ship, and so we were de­stroyed; all this time no Relief from Captain Badily, nor none of his squadron, though he might, if he had pleased, have been in the midst of us, had he not stood off when we came first out of the Mould, and so he saw us destroyed one after another. And at last bore up and let fall his main Sail, and fired a Gun to Lee-ward, to call off all his Fleet, which was done, and away they went with nine Sail, and were chased but with eight Sail of the Dutch. All this time the Leopard had her Colours flying, but they seeing no hopes of any Relief, were forced to yield up their ship, being over­powered by the enemy. All this I shall be ready to witness upon Oath, whensoever I shall be called thereunto. And to conclude, if Captain Badily had been a Pentioner to the Sates of Holland, he he could not have done them better Service.

I William Ell have perused this Narration, concerning the Fight he was in at Linorno with the Dutch the Fourth of March, 1652. and do testifie, and shall be ready to make good upon Oath, that this is truth which is here specified.

First, That soon after Captain Appleton was clear of the Mould-head with his Squadron, the wind Southwards, and the Dutch tacked upon them, and that then all Captain Badily's Squadron might have come to them.

Secondly, As soon as we came to know the Ships, after the blowing up of the Bonaventure, and that fierce Encounter, We found two great Ships of the Enemies on board of the lar-board side of the Leopard, and all three lay driving with their Heads of to the West-ward.

The Sampson astern and to lee-ward of them in a flame, and the Levant Merchant boarded by another great Ship of the Holland­ers. Now Captain Badily and all of his Squadron was to wind­ward of them, and of all the Enemies Fleet, and shot, as Captain Appleton saith, but at to great a distance, but some went nearer; and for my own part, being Commander of the Lewis, I went within Pistol-shot of the Leopard, and spent several Broad-sides on those Ships that lay on Board her, and on others, and was resolved to be on Board those two Ships to relieve the Leopard; but the first time going up to her, the Constant Warwick puts us astays, so was forced to tack, and we tacked twice to recover the wind again of the Leopard to get aboard of her (or them) to relieve her, and brought all our best Guns over on that side that bore of them, and double shotted them for that purpose; and though I had one mans head shot off, and another shot through the back (from side to side) with great shot, and several men wounded, yet were the rest desi­rous to go aboard to relieve our Vice-Admiral: But Captain Ba­diley seeing me lean to lee-ward, he being on the other tack with his Ships head to the West-ward, bore towards me, and called to me to tack and stand away after him; so finding my self the lee­wardmost Ship of that Squadron, and seeing they were not inten­ded to Engage, I tacked and stood after them.

Concerning Captain Whiting in the Fire-ship, he kept near to Captain Badiley, and at our first coming up, after these sad acci­dents, Captain Badiley and he was the weathermost Ships; and then likewise was the Dutch Admiral singled out, and to the wea­therward (which was occasioned by loss of her Stearidge, having her Rudder shot, as I heard) I thought then Captain Badiley would taken the opportunity and engaged him, or at least led up the Fire­ship to him, but the Fire-ship went alone, and ere could come up with the Dutch Admiral, he sunk her.

We had the wind at S. S. E. or thereabouts, when Captain Ba­diley [Page 17] with the rest of his Squadron, with the Mary, which made nine in number, stood away, there was eight of the Dutch stood after us till night; we all went better then they, and had the wind of them, yet durst we not face them though none of us had very great damage, my self the most, yet wished we had tacked upon them after they were come to Sea (for the rest of their Fleet, as the wind was, would not have gotten out of Port after them) if we had but tacked, I believe they would have stood back again, which would have given a good wipe, though not a clean one to our Cowardizm.

For what was done after we ran away, I can say no more, but that I see several of the said Dutch Ships that staid in Port pass their Broad-sides into the Leopard, that I thought it not possible for any man in her to maintain a Quarter, yet I see her fire several times, and to my judgement kept up her Flag about four hours af­ter we began to run.

The wind continued at S. S. E. all that day, and our Admiral kept close upon a wind, and kept ahead, so that we could not with all our Sail get up that night to speak with him: This I have col­lected out of my own Journal, and am ready to justifie it to be truth,

Witness my hand.

I Benjamin Fisher, was desired to declare the truth of what I was an eye-witness concerning our Engagement at Legorn the fourth of March, 1652.

First, That Captain Richard Badily sent that very Morning we set Sail out the Mould, to Captain Henry Appleton not to come forth the Mould in case the Dutch weighed not; for Word was brought from Captain Badily, That he did intend to stand in fair aboard the Lanthorn by Morning, and salute the Town.

Secondly, That Captain Richard Badily sent in two Messengers after that to hasten our coming out, though expresly commanded by the former Messenger from Captain Badily not to budge; whereupon seeing that he was so wavering in his Resolution, Ca­ptain Appleton, with the rest of the other Commanders, did argue upon it not to Sail, but to follow his first Order, which was to lie still in case the Dutch weighed not; which said Dutch lay in a half Moon, within Musquet shot of the Mould-head, with their Top­sail-sheets hal'd home, and their Fore-sails of the most part of them was in the Brails.

But we expecting to see Captain Badily flet fair by the Lanthorn, when day came on, they were as far distant from us as they were over night; for by their own Squadrons relation, they lay mousel four Glasses, which if they had not, they might have very well been [Page 18] in with the shore by morning; and by the help of the Almighty, they might have been a means to sav'd our Squadron, and no doubt we had worsted the Dutch Boats. In the morning the Dutch weighed, and as soon as they were to the South-ward of the Mould, there was no time neglected in getting out, according to Captain Badily's Order. But we were no sooner clear of the Mould-head, but the Dutch tackt and stood with us, and by that sudden accident which befel the Bonaventure, separated our Squadron; for some of us was forced to bear to Lee-ward, and some kept to Windward, and for my own part, went with our ship through part of the wrack, and within short space after, the Wind South-ward on us; but what with the smoke of our own Guns and the Enemies, I could not discern one ship hardly from the other; but standing through the Dutch Fleet, having discharged divers broad-sides at the Ene­my, I came within a Cable-length of Captain Badily, and bore away thwart his fore-foot, and brought our ship to the other tack, and went firing into the Fleet before him, and past our broad-side at the two ships that was aboard the Leopard on her Larboard-side, and supposing Captain Badily to have stood along to the relief of our Squadron; when we had past the Enemy, that we were got to the Northward of them, so that there was none fired at us, we saw Captain Badily standing away with all sail he could make, top­galant-sail and all, we put our ship astays, having much ado to get her about, by reason all our Braces, and Bolens, and Sheets, and Tacks were shot; when we had got our ship about, we let her fall off round, and fired our broad-side at the two ships that was aboard the Leopard, and then we set our main-sail and all the sail we could, for Captain Badily was got some half a League from us, with the rest of his Squadron following him. The Leopard all this while firing at the two ships that was aboard her, and at others that past by her. We were the Lee-ward-most ship of all and the Norther­most, yet we had never less then five Fathom water; we had nine sail of the Dutch following us, yet our Ambral never so much as did shorten sail for any of our Fleet that was astern, the which made me think he had been kill'd, he leaving the Leopard, and the Le­vant, and the Peregrine in that sad condition: But my opinion is, that if Captain Badily with all our nine sail had stood in once more, we had saved the Leopard, if not the Levant, and had gone near to have chased some of the Dutch ashore; for all Captain Ba­dily's Squadron had little damage, for we might have stood in, had Captain Badily been so minded, and rescued Captain Appleton, for he was not taken a large hour after we left him in distress; for as far as we could discern, we could see his Flag flying, and after we could not discern the Flag, we could hear the Guns go off very fast. Our Ambral all this time never shortned sail whereby we might come to speak with him till the Monday, following, to declare to him how [Page 19] our ship was torn. And what I have here declared, is nothing but the Truth, and shall make Oath, if call'd to it.

Benjamin Fisher.

A Relation of Signior Montemagni, one of the Secretaries of State to the Great Duke of Toscany, concerning his Negotia­tion between the English and the Dutch, upon the re-taking of the Phenix Frigot.

UPon my arrival at Legorn, I did with all the earnestness I could, endeavor to perswade Signior Van Gale [...] the Dutch Admiral, to be contented with that Answer the Parliament of England had sent his Highness, which was, That Captain Appleton was sent for home, to give account thereof. But finding that this would not do, I asked him what kinde of Satisfaction he would pretend unto; he answered, He did expect the restitution of the Frigot, or else in stead of that, that all the English Vessels in the Mould should resign their Rudders and their Sails. At last, after a long dispute, he said it should suffice, if two of their men of War should resign their Rudders and their Sails into his Highness hand, until the Phenix was restored unto them; although the Difference was great be­tween the value of the Vessel at that time they took her, and the condition she should be in when she were returned.

Hereupon I acquainted Captain Badily with what had past, laying before him the necessity of finding out some way for to ad­just this business; but it was all in vain, for he denied to yield to any thing, saying, That rather then he would yield the least unto his His Highness or the Dutch, in case he might have time to fit himself, he would go out to Sea with all his Fleet. After my ha­ving waited for a better Answer, giving him time to think the bad­ness of the consequences of such a Resolution, I told him, in case he would deliver one of his Ships into my Masters hand, I would endeavor that should pass for satisfaction: but this he sleight­ed too.

At last I told him, if he would give it under his hand, that he would return the Frigot, that that should pass for satisfaction, and that his Highness would continue still his best Protection to him. But such was the perverseness and obstinacy of Captain Badily, that he not onely refused to hearken to any of those reasonable moti­ons, but in stead thereof, writes a Letter to his Highness, the Copy whereof followeth; wherein he declares, That he will no longer bear any respect unto his Highness Port, but will fall upon his Ene­mies where he findes them.

His Highness perceiving that the services he had lately done Ca­ptain Badily were forgot, and that the further need he might have [Page 20] of him was not at all considered, and seeing he would neither ex­cept any propositions made to him, nor make any himself whereby his Highness might give any colour of Answer to the Dutch; but that in stead thereof declareth, That he is so far from giving satis­faction for the former wrong done to his Highness, that he protests he will commit new ones; My Master commanded me to let him know, that seeing none of the forementioned means will be accep­ted of, and forasmuch as it was Captain Badily's own proposition that he might go out of his Port, that he would give him twelve days time to fit himself for his departure, though he again desired him rather to think of staying.

This Captain Badily assented to, and notwithstanding that he had revoked his promise not to disturb the Port, saying, He would assault the Dutch; nevertheless his Highness continued his prote­ction to him, commanding that the Dutch should not assault the English.

Upon this I acquainted Van Galen with Captain Badily's Reso­lution, but found him unwilling to accept those tearms, some of his biggest ships being then away, and news being brought of some supplies that were coming to the English; but then I told him his Highness neither could do more, nor was it reason that they should expect it.

Van Galen then demanded to know the time precisely when the English would depart; but as I had commission from my Master, I then told, That to reveal the secrets of one Enemy unto another, would manifestly be derogatory to his Highness honor. Being of­fended at this Answer, Van Galen sendeth his Vice-Admiral and three other Captains to me, to protest, That since they might not know what time the English would depart, they would omit no lon­ger setting on them in the Mould.

His Highness being incensed at this their rashness, commanded that the Consul, Captains and Sea-men of the Dutch that were ashore, should all be seized upon, the which accordingly was done to the number of seven Captains, and one hundred Sea-men; withal, commanding the Governor of Legorn to consult with the English the best way for their security. In the mean time Captain Badily writes a second Letter to his Highness, which with its An­swer follows, wherein his Highness gives him longer time, and pro­mises yet more in case he should require it.

Van Galen seeing the Duke resolved to protect the English, pro­mised to bear respect unto his Port, whereupon the Duke under­standing that the English had set sayl from Porto Ferara, he relea­sed the Dutch; and seeing all the means he used to reconcile them was without effect, according to Captain Badily's request, he gave them leave to try it out at Sea.

The English departed four days before their time expired, and [Page 21] might have had what longer time they would; whence it is sup­posed that Captain Badily going out to fight by his own election, not at all compelled, did think he had advantage over his Ene­my, and surely so he had, if the Battel had been better managed.

To the Great Duke of Toscany.

May it please your Highness,

SInce you are pleased to honor me with a Credential Letter of the 18 curant, four days since I received the same by the hands of the highly deserving and much honored Person, the Secretary of State, who informed me of what your Highness did demand, and to whom I gave an Answer so modest and humble, that I hope it will be satisfactory. Amongst other Commands the Councel of State, establisht by the Authority of the Parliament of England, ordered me, as for the respect, which as I should however have born to your Highness, so upon other considerations also, that I should in no maner assail the Dutch in your Highness Port, except they first assailed the English, the which according to my duty I have still obeyed; But since the Dutch do carry no respect unto your Highness, but lord it over every Nation, chasing not onely others, but also your Highnesses Subjects vessels at the Mould head,

I therefore humbly release my self of that Engagement, which I formerly had made unto your Highness, hoping you will not take it ill, if I take the same advantage against the Dutch as they do against the English; so wishing your Highness all splendor and felicity, I subscribe my self,

Your Highness humble Servant, RICH: BADILY.
From Legorn 14 of February, 1653.

To his Highness the Great Duke of FLORENCE.

ON Saturday last I received those lines with which your High­ness was pleased to honor me, bearing date the 28 of the last Moneth, and although that I desired with all my heart, that this Dispute about the Phenix Frigot might be finished at this Treaty; nevertheless having recovered the said Vessel by so notable a stra­tagem, I rest not any way satisfied how I can answer it to them that employ me, if I should deprive my self voluntarily of her again, or of any other Vessel in her place. And lastly, when I shall [Page 22] intend your Highness will about that time limited for my going out, I shall immediately apply my self to comply therewith, and that most joyfully, hoping it will so succeed: I onely beg, that in case our Vessels are not gone out of the Mould at Legorn before the last day, and that the Wind should be contrary, this should be in­terpreted (as really it is) a just Impediment; I onely fear, that be­ing we cannot stay one day in the Road for the providing of Bal­last without being molested, lest that some of out Vessels should perish in case that any strong Wind should arise before the Dispute were ended. Your Highness pleaseth also to remember, that since by my former Letter, I released my self of my Engagement which I had first made concerning the Hollanders and their confederates, I assure your Highness upon my honor, that this was occasioned by the Insolency of our Enemies, to the end that when they knew it, they might rest mortified and in some measure humbled, and consequently reduced by the Treaty, to accept that which should be judged reasonable; because, being there was no other means probable to prevail, I did believe that by this they would be seized upon with some fear, thinking that we were provided with a greater strength then they knew of.

I was always of opinion, That if a body entred into another mans house to refresh himself, although a private person, he should carry himself humbly, and much more in the Chamber of a Prince; and therfore, according to the commands I have received from my lords & masters in english, I shall render your Highness all due respect, and shall not molest his Ports, particularly the Road of Legorn, while the Hollanders shall do the same. And supposing all within the Malory to be the Port and Chamber of your Highness, so neither shall I directly nor indirectly molest the Enemies of our Nation, or any that belong to them; and moreover, neither my self nor any under me, shall weigh Anchor to chase any one coming in or going out, and shall be obedient to any just Com­mands your Highness shall give us, as well in our going away with all our Fleet within three or four days more or less, or to any other else: And I really believe, that the Parliament of England will order the same respect to your Highness from all others that shall succeed me in these parts, to the end the most florishing trade of Legorn, which hath been eminent for so many years, should not meet with any impediment from the English.

The Dutch now will not give the same respect, because they be­lieve themselves strong enough to ruine us; but indeed they may be deceived for all that: we have eight Men of War in this place and Port Langone, and six in Legorn, which is not much dispro­portionable to the strength which they had yesterday in Legorn: and if your Highnest shall please to send once more another Mes­senger to the Dutch Admiral, to know if they will render to his [Page 23] Highness Port the same respect was promised by the English, to give them encouragement for the better encouragement of the Dutch: and to the end your Highness should be no longer troubled with us, I have made certain Propositions which shall be by me punctually observed, as also, all that is contained in this Letter; and for the Execution hereof, I believe that Mr. Longland the Publique Minister of the Commonwealth of England, will oblige himself, together with me, as on the other side I do desire that Vander Straten will oblige himself, together with Van Galen, in the presence of some Publique Minister of your Highness: So leaving all this to the Consideration and Discretion of your Highness, I say no more.

Your Highness humble Servant, RICH: BADILY.
From Porta Feraro the 6 of March, 1653.

The PROPOSITIONS.

I. IF the Dutch Admiral will oblige himself, That without being molested I shall come into the Road of Legorn with my eight ships and Fly-boat which are here, and shall within forty eight hours be ready to set sayl, and that we may stay without fighting till the other ships can come out of the Mould and provide themselves with Ballast, then on the other side will I oblige my self not to molest the Dutch while they are there, and that I will go without the Malora when he shall appoint, and being without the Malora, I shall there freely wait until his ships shall come within Musquet shot, there to dispute it fighting like men, and not to molest and dishonor the Port of that Prince, who hath refreshed both of us with the fruit of his Countrey.

II. Having understood that the Dutch the other day brag'd, That they would fight with the English seven to seven: to the end they should not make this Objection, I say, That I shall grant them for every seven ships of ours, one, so that if we are fourteen in number, they shall be sixteen: And to the end they should not say, that our Vessels are bigger then theirs, I shall give them, when I make a List of the men, in every seven one.

III. When the Fight shall be over, in case the English prove Conquerors, and return into the Road with all their Fleet, and there finde four or five Merchant-men, or perhaps some of their Men of War, which may be soundly torn, I do promise not to shoot or fight with them within the Malora, provided the Dutch will do the same with us.

RICHARD BADILY.

The Great Dukes Answer to Captain Badily, March 9. 1653.

SIR,

IT being agreed upon at the Treaty concerning the departure of the Squadron out of Legorn, the desire I have to serve the Commonwealth of England, induceth me to gratifie your Request, in the prolonging of the term of the departure until the Eighteenth Currant; and in case you cannot conveniently depart, I shall be very ready for to grant you further time; as to the Challenge which you send the Dutch, it is a business which concerns me not: I approve well of the respect you promise to my Port, and question not the Hollanders will do the same.

Captain Appletons Letter to the Councel of State.

Right Honorable,

THe second instant, the Colonel of this Town by the great Dukes Order, sent Mr. Longland and the Consul to acquaint me with these Propositions the Dutch had made him; viz.

That no Man of War, having an opportunity to depart, ought by a most ancient Law to stay in any Port beyond such a time.

That they, to that end the English might go to sea, had staid out several days.

That they would give the Merchants Ships leave to relade their Goods, give them free liberty to depart, nor would they stir till they had departed five days.

In case these Propositions were refused, they could not justifie their not acting their Commands they had received touching the the English, in whatsoever place they met them.

To these I was immediatly to give my Answer: The general Opinion of the Nation then present was, That whereas the Dutch had waited several times upon the Duke, and did solicit daily that he would deny protection to the English; and all this while the English never owned him, nor went to give him thanks (as I indeed had ordered it, but Mr. Longland opposed me in it:) The Duke now seemed to spoil the vertue of our gratitude, by his necessita­ting us unto it: So Mr. Longland did desire me before the Nation, to send one to treat with the Duke accordingly, That himself, with other Merchants, would go to thank him for the protection of their Goods, and that the Masters would do the same for the pro­tection of their Ships, and joyntly to beseech him the continuance of his favor.

Hereupon my self, and many others, earnestly desired Mr. Na­thanael Reading to undertake that business on my behalf, the which he pleased to do; with what discretion he managed the whole bu­siness, [Page 25] with how great acceptation to his Highness, your Honors will understand from his publique Minister with you.

With what success to us, your Honors may please to judge of by his effecting the continuance of our protection; the Particulars whereof, are in his own inclosed to you.

Legorn, August 8. 1653.

Mr. Nathanael Readings Letter to the Councel of State.

Right Honorable,

UPon several Solicitations that in Captain Appletons name I should wait upon the great Duke, in answer to the Propositi­ons the Dutch had made him the third instant, in company with Mr. Charls Longland, Mr. Samuel Boneil, and the Captains of the Sampson, Mary and Perigrine, I set out for Florence, and through Gods assistance came thither the fourth at Evening; so soon as we arrived, I acquainted them how that the Duke had sent three times to see if we were come, that it concerned us therefore quickly to consider the quality of the Personage that we came to, and of the business that we came about: To this end, I desired Mr. Longland what his errand was, he told me, It was to thank his Highness, in the name of the Merchants, for the protection of their Goods: I demanded if he came as Agent for the State, he told me, Not, that he had no Commission for such Imployment, and that the Duke well knew, that beside, his education had not been to understand how to treat with Princes: That he knew not how to speak unto a Duke, and therefore did desire Mr. Boneil, who had been with him often, to do it for him; asking the Captains then what they came for, they said, to thank him for the protecting of their Ships; here­upon I shewed them my Commission from Captain Appleton, and because I had to joyn, as I then thought, with such States-men, and so earnestly desired the business might be carried handsomly, told them what I would say unto the Duke, asking withal their Judgement, if they did think of any thing to adde or alter, and I should hear them readily: They saying it was very well, departed, each of us fitting of himself for Court: Mr. Longland, while al­tering his clothes changed his minde, and when the Messenger came for us, told me, That Captain Appleton had no power to send un­to the Duke, that he would protest against him there, and write against him unto your Honors, although he was the person that first desired him to send. With all the meekness man could use, I did beseech him by the affection which he had for the Honor of the State of England; I did conjure him to remember what he was about, that as to his power over Captain Appleton, he would [Page 26] dispute it afterwards, and for the present, what notion soever he would act in, I should not disturb him, but that when he and every body else had done, I might be heard for Captain Appleton; he told me positively, he would neither own nor joyn with me in any thing concerned him; so carrying the other company along with him, he goes to the Court.

Hereupon, I acquainted Sir Bernard Gascone with the Business I came on, and what had passed betwixt Mr. Longland and my self; that I would wait till he had Audience, and see what Answer he could give the Duke, when he demanded where he was that Captain Appleton had sent, for so his Secretary had advised him by the accompt the Consul of Legorn had given him of our co­ming. After that they had made an end, his Highness asked them whether Captain Appleton had not sent a Gentleman unto him in Answer of those Propositions he advised the Colonel of Legorn to acquaint him with? Mr. Longland answered, There was no such person come: so he dismissed them. So soon as they were gone, im­mediately Sir Bernard goes in, and tells the Duke, how that I was without, shews my Commission, and brings me to his Highness, to whom as followeth;

That Captain Appleton humbly kissed his Highness hand, in the acknowledgement of those Favors he had been pleased to shew him; the which, according to his duty, he should have done both earlier and oftner, but that he waited he might have from his Masters hand, to whom he had sent on purpose to enform them of the same.

That at his coming out, he was commanded by the States of England to attend the security of their Ships from the Piracies of the French, and them to convoy to all the Ports that they were bound to touch at.

That upon that accompt he came into Legorn, and since his being there, the Dutch forgetting those good Offices they had re­ceived at the hands of England, and insolently committing several things tending to the violation of its Peace, he had received Or­ders from the State to stay in Legorn till their further pleasure.

That upon any apprehension of Violence from the ungrateful Dutch, in case he were not able to defend himself, he should make use of his Masters Interest for his Protection, the which they did assure themselves would be sufficient, his Highness being so very careful of his Port, and willingly granted, he being so courteous a Prince, and no less careful of his friends.

That upon the Threats of Fourteen sails of Dutch that came into the Road, he was by the Commanders of the Port desired to come into the Mould, not having promise of Protection while without: his men of War being but two, and the Merchants ships so considerably rich, he embraced their counsel.

As to the Enemies Plea, That no man of War, by a most anci­ent Law, should stay in any Port beyond such a time; they have as little Logick in their Argument, as they have Wisdom in beginning War with their best friends. For neither the Rhodian Law, the first that ever were observed in the Mediterranean Sea, the which the Romans with their Empire did enlarge, and every of the Ports therein, upon the ruine of that Empire did admit. Nor yet the Rule of Oleron, by which the Ocean was originally, and is this day governed, in any way deny the same; besides, themselves remem­ber well, and of necessity must grant, we know a multitude of Mo­dern Presidents to the contrary.

As to the re-lading of the Goods, and their offer to remain be­hinde, till the English were five days out at Sea, he would not capi­tulate with them for his departure, but humbly beseeched his Highness leave to stay, not daring to stir without their Order who put him there.

And lastly, as to the Hostility they so much threatned, what­ever the English suffers in his Highness Port, the State would strickly require at his Highness hands; but that I was well assured he was so noble and so wise a Prince, as that he would not give any occasion to distaste the English, or so undervalute them, as to put the Friendship of Holland in competition with that of England.

His Highness vvas pleased to tell me, That he highly honored the State of England; that he desired nothing more then a fair Correspondence with them: That he rested abundantly satisfied in the Account I had given him on Captain Appleton's behalf, de­siring me to rest fully satisfied on his, That if all the Forces in his Dominions could protect the English, it should be done, and that so long as they should need the same.

He then demanded why Mr. Longland should tell him so gross a lie, being it was his motion I should come, and that he came in company with me, and brought himself that Letter which betray­ed him, saying, He was not used to be so dealt withal. I humbly told him, that what reason Mr, Longland had, his Highness would best know from himself, but that for my part, I knew none he had; so sending for him presently, he prayed me to return in the morning. Accordingly I came, and then he pleased to tell me, that Mr. Longland pretended a Commission beyond Captain Appleton's, but that he was perswaded there was no such matter. I humbly beseeched his leave for my departure, adding, That what his High­ness vvas pleased to require further, I vvas there ready to obey him in: He answered, That he knew I could not stir in the heats, but that he would not fail to dispatch me that night, and that he would give order for the Gates to be open, and Horses to be ready for me.

Coming at night, his Highness told me, how that he did ex­pect, [Page 28] that Captain Appleton should bear all fair respect unto his Port, without disturbance to the Trade. I then engaged my Parole unto him, That the Comportment of the English to his Highness should always be like themselves; but that in case the Dutch likewise should not observe the same, it could not be suppo­sed we should be civil to our prejudice, nor that other of our Commanders, though Captain Appleton should, would not take the same advantage against the Dutch.

I then desired his Highness Order, That the Colonel of Legorn should use some extraordinary care, fearing the sick condition that Captain Appleton was in might animate the Dutch in their at­tempts against him; he presently commands his Secretary to write accordingly, and told me, how Sir Bernard had informed him of my being a Slave to the Turk; and therefore while the Letter was in writing, pray'd me, to give himself and his brother Cardinal, whom he then sent for, an accompt of Candy, of the last years fight at Sea, of the discipline of the Turks, and the maner of the Captain Basha's usage of me, which he understood was extraordi­nary; I obeyed his commands in each.

His Secretary having done, his Highness read the Letter to me, asking me, if it were to my minde, commands him to give me a Copy of the same: I in all humility returning many thanks for his Civilities to our Nation, and promising to let their Honors know, the care he took for the Protection of your Ships, and my endea­voring to perpetuate that Amity which hath so long continued be­twixt his Highness and our Nation; I kissed his Hand, and so took leave.

At my arrival at Legorn. I found the Colonel punctual in the performance of what the Letter did command him, and ready up­on all occasions to serve the English.

This is the shortest accompt I could give your Honors of the Endeavors I had to serve you, wherein, if you can conceive I have done any thing for which to beg your pardon, be pleased, that the reality of the Soul I acted in, may obtain it from you.

Thus praying the Lord of Hosts to be your Champion, and him that is the Wisdom of his Father to be your Councellor, I humbly commit you to his Protection.

The Great Dukes Resident his Letter to the Councel of State.

Right Honorable,

HAving on Thursday last forgotten to tell your Honors, That when I first acquainted the last Right Honorable Councel of State of the Engagement that Admiral Appleton had made to the Great Duke of Tuscany my Master not to molest his High­ness [Page 29] Port of Legorn directly or indirectly; I should (by his com­mandment) have also added, how Mr. Nath: Reading waited then on the Great Duke several times about that Business, and did then engage his Parole for Captain Appleton, that he should punctually observe the Orders he received from the Right Honorable, the Councel of England, not to disturb any maner of way his High­ness Port of Legorn.

This Mr. Reading being now in London, can give your Honors full relation of each particular until surprisal of the Phenix. Thus much, I say, I was commanded by my Master to enform the said Councel of State, as I do now your Honors, That the said Mr. Reading did manage that whole Negotiation with such a discreti­on, that his Highness was exceedingly pleased at him, and did judge him a person very capable to do his Countrey much good service. I humbly intreat your Honors to accept now, what then I forgot, to participate unto your Honors from his Highness, and me, for

Your Honors most obliged and most devout Servant, Amerigo Salvetty.
June 11. 1653.
THE END.

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