Chap. II. between the Inhabitants of Great-Britain, 
“ appeareth how faithfully the Dutch at Amboyna have 
44 entred the A6ts of this Procefs ? 
44 Well, at laft he concludes the Narration of the Con- 
* 4 feffions with the fummirig up of the Number and Na- 
44 tions of the Parties that had thus confeffed, which he 
44 faith, were ten JaponeJe^ fourteen Englijh, and the Ne- 
44 therlandijh Matnicho , or Captain of the Slaves •, by which 
44 laft Words, he would give the Reader occafion to think, 
44 that this Fatfl was fo clear, and their own Proceedings 
44 fo even and juft, that they had executed one of their 
44 own Netherlanders for it •, which how true it is, is alrea- 
44 dy declared in the Conclufion of the Englijh Relation. 
44 The Truth is, this Captain of the Slaves was of the Por- 
44 tugueze Race, and born in Bengal ; his very Name, Au- 
44 gujlin Perez , ftieweth he was nd Netherlander » . 
44 Having thus Hniftied this Relation, this Author pro- 
44 ceedeth to a Difputation, and taking Notice of fome 
44 Afperfions in England caft upon thefe Proceedings at 
44 Amboyna, he divideth them into two Heads; the one, 
44 that the Procefs was without its due Formality, the 
44 other, that there was Excefs and Extremity ufed againft 
44 the Confpirators. For the Point of Formality, he firft 
44 taketh great Pains to prove, that the Formalities of Pro- 
44 ceffes in Amboyna, are not therefore unlawful, becaufe 
44 they agree not with our Form in England ; which La- 
44 hour he might have fpared, for no wife Man will deny 
44 him this Point; and fuch as Ihall be fo ignorant as to 
44 blame the Dutch for varying from us herein, were not 
44 worthy the anfwering. Herewithal alfo, he deduceth 
44 the Title oLthe Lords the States- General to the Sove- 
44 reignty of Amboyna, and fo the Governor of Amboyna ' s 
44 Jurifdiftion in Caufes as well criminal as civil to be 
44 rightly grounded. Thence he concludes, that the Ja- 
44 ponefe being fworn Servants to the Dutch , and in their 
“ Pay, were fubjedt to the Jurifdi&ion of the Dutch Go- 
44 vernor. Then he telleth us, that the Author and Ac- 
44 complices of Murder and Treafon, are by the Laws of 
44 all Nations to be puniffied with Death ; all which Points 
44 may be granted him without any Prejudice to the Caufe 
44 of the Englijh in this Queftion. At laft he comes in 
« - Particular to their Cafe, and affirms, that the Chief of 
« 4 the Englijh there might not apprehend the Englijh Ac- 
44 complices of this Confpiracy, becaufe themfelves were 
44 Accomplices of the Faff ; all which alfo may be grant- 
44 ed in this Point of Apprehenfion and fafe Cuftody ; but 
44 how it may proceed in the Point of Cognizance, Ihall 
44 be anon in due Place examined. 
44 In the mean time, this Author, to make the Point 
44 of Apprehenfion clear beyond Exception, faith, that 
44 the Englijh were not apprehended upon the firft Sufpi- 
44 cion, when yet there was Evidence and Indicia fuffici- 
44 ent to it. But after the Examination of all the Japo- 
44 nefe, and their joint Confeftion, that the Englijlo , whom 
44 they fpecified by Name and Surname, moved and hired 
44 them to this Treafon : Yea, not until Abel Price had 
44 alfo confeffed as much, and that all the Englijh in the 
44 Out- Factories were privy thereunto. For Anfwer 
44 hereof, that muft be repeated, which hath been upon 
4C other Occafions before alledged, that the firft Beginning 
44 of the Procefs was by the Torture, there being no fuf- 
44 ficient Evidence or Indicium to torture the Japcnefe , 
44 that only fought to inform himfelf of the Courfe of the 
44 Watch, and of the Strength of the Caftle, where he 
44 himfelf was a Soldier, and fo the whole Series of Exa- 
44 mination proceeding from the Confeffion of one tor- 
44 tured Perfon, to apprehend and torture another, with- 
44 out other Evidence, though it brought forth more Con- 
44 feffions, and thofe with Name and Surname, and other 
44 Circumftances, according as the Interrogatories or Direc- 
44 tories of the Governor and Fifcal led the Prifoners, was 
44 wholly againft all Laws of Tortures. Si licet in Jabrica 
44 fi prava ejl regula prima. Cetera mendofe fieri , atque 
<x objiipa necejfe , ejl. 
44 But here muft be anfwered an Obje&ion, that may 
44 be made againft this from another Part of this Rela- 
44 tion ; that is, that fome of the Englijh confeffed with- 
44 out, or before Torture. Yea, this Price here menti- 
44 oned, was either not tortured at all, or very lightly ; 
84 yea, but he was ftiewed the tortured Bodies of the poor 
i. Numb. LXL 
93 
44 Japonefe , martyred with Fire and Water, and told; 
44 that 'un left he would confefs that which they told him 
44 they had firft confeffed, he fhould be tortured as ill, or 
worfe than they. This Fear of Torture is by their 
44 own Law equalled to the Torture itfelf, and confe- 
44 quently the Confeffion thereupon, made no better In- 
44 dicium, or Evidence, to bring another Man to the 
44 Torture, than the Confeffion made upon the Rack it- 
44 felf. Again, it muft be here remembred, that the ve- 
44 ry Matter of Price’s Confeffion here mentioned; to 
44 wit, that all the Englijh Merchants of the Out-Fadlcr* 
44 ries were privy to the pretended Treafon, was confuted 
44 by the Procefs of the Dutch themfelves; that found 
44 Powel, Ramfey , and two others of thofe Factories 
44 guiltlefs. 
44 Next, this Author taketh Notice of an Objection 
44 made in England againft the Jurifdidion of the Dutch 
44 Governor, and his Council at Amboyna , over the En- 
44 glijh there, becaufe this Power is by the Treaty of the 
44 Year 1619 difpofed of, and agreed to confift in the 
44 Council of Defence of both Nations at Jaccatra % fox 
44 Information in which Point, this Author faith, he hath 
44 perufed over all the feveral Articles in the faid Treaty, 
44 and findeth in the twenty-third Article, that the For- 
44 treffes were to remain in the Hands of them that then 
44 poffeffed tl\em; and in the thirteenth, fourteenth, and 
44 fifteenth, that the Council of Defence hath no other 
44 Power but only over the Fleet of Defence, over the 
44 Commerce, and finally, to tax the Charges of Main- 
44 tainance of the Forts ; but he could not fee the thirtieth 
44 Article, which orders that all Difputes that cannot be 
44 decided by the Council of Defence, fhould be remitted 
44 into Europe , firft, to the two Companies there, and in 
44 Default of their Agreement, to the King and States; 
44 why then was not this Difpute fo proceeded in ? There 
44 is nothing in the former Articles to limit the Council of 
44 Defence, and this general Article appeareth to be add- 
44 ed by way of Amplification, to provide for that which 
44 was not particularly and exprefsly cared for in the 
44 former, which is moft plain by the Words of the Ex» 
44 planation upon this thirtieth Article, agreed upon at 
44 the firft, and fubfcribed by the Commiflioners on both 
44 Sides, Anno 1619, where this Courfe of Proceeding is 
44 exprefsly directed, not only in Difputes about the Mean- 
44 ing of the Articles, but alfo about any other Matter 
44 happening in their commerce abroad ; fince which alfo 
44 the King’s Majefty hath, upon a fmaller Occafion than 
44 the Life of his Subjects, clearly declared himfelf in the 
44 Point of Sovereignty, that both Nations in the Indies 
44 fhould wholly lay afide all Pretence thereof, which De~ 
44 claration was fent to the Lords States-General, and by 
44 them accepted before this bloody Butchery was exe- 
44 cuted. But if it were granted, that the Dutch were abfo- 
44 lute Lords of their Partners the Englip in thofe Parts, 
44 without refpeCt to the Treaty, yet at leaft the Dutch 
44 in Amboyna were bound to obferve the Laws of the 
44 United Provinces , for fo faith this Author himfelf. Do 
44 thefe allow to begin the Procefs as to the Torture, and 
44 to bring Perfons of honeft Fame to the Rack upon 
44 others Confeffion made in the Torture ? Do their Laws 
44 allow of the leading Interrogatories above-mentioned, 
44 to direCt the Prifoner what to fay, to avoid the Tor- 
44 ture, where, in the United Provinces , is that drowning 
44 with Water in Ufe? Or the Torture with Fire ufed to 
44 Johnfon , Ehomfon and Clark? Orefpecially the fplkting 
44 of their Toes, and lancing of the Breaft, and putting 
44 in Gunpowder, and then firing the fame, whereby the 
44 Body is not left intire, neither for Innocency nor Exe- 
44 cution ? Clark and Ahomjon were both fain to be carried 
44 to their Execution, though they were tortured many 
44 Days before. 
44 Laftly, their Confeffions were contradictory, appa- 
44 rently falfe, and of things impoffible to be done, much 
44 lefs praftifed before by the faid Parties, and therefore 
44 ought not by their Law to have been believed, nor the 
44 Prifoners to have been condemned thereupon, without 
44 other fufficient Indicia, or Evidence befides. In the laft 
44 Place, this Author handleth the Excefs of T orture, where- 
of he taketh Notice, there is much Complain t in England , 
10 S and 
