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University Professor of History, 






1 660- 1 677. 


SHAFAAT AHMAD KHAN, Litt. D., F. R. Hist. S. 

University Professor of History 



" This is reprinted from an article in the Journal of 
Indian History, Series No. 3, September, 1922. I hope 
the second edition will enable me to incorporate further 
researches into the subject, and to remove a few 
typographical mistakes." 

Shafaat Ahmad Khan. 

The University, 
Allahabad, India. 

27th November, 1922. 



Data FOR THE History OF Bombay .. ... .. ,. .. 419 — 421 

Early History of Bombay . . . . . . . . . . . . 421 — 428 

Oliver Cromwell and the E. I. Company . . . . . . . . 428 — 431 

Wylde, of the East India Trade. His Remonstrance to the Protector. . 431 — 438 II and Bombay 439 — 442 

Despatches of the Portuguese Governor and the Kings 

Servants : A Comparison . . . . . . . . . . . . 442 — 447 

Mr. Henry Gary : His Administration of Bombay ; The Petition 

OF the Citizens of Bombay . . . . . . . . . . 448 — 453 

The Progress of Charles II's Disillusionment Regarding Bombay; 
The Correspondence of .^.ntonio de Mello Castro with the 

King of Portugal : Its Importance . . . . . . . . 453 — 461 

Humphrey Cook's Administration of Bombay, and Sir Gervase 

Lucas' Account . , ..... .. .. .. ... .. .. 461 — 490 

An Account of the " Establishment of the Law" in Bombay, in 

1672, BY George Wilcox 490—500 

Occurrences IN India IN 1673 .. 501 — 502 

The Company's Petitions to Charles II : A Summary of its 

Grievances . . . . , . . . . . . . . . . . 502 — 506 

Bombay Described, in a Petition to Charles II . . . . . . 506 — 511 

The Causes of the Conflict. The Interpretation of the Treaty. 

Clause XI. and the Instructions to Shipman .. .. .. 512 — 5U 

Reports of the Committee on Bombay . . . . . . . . . . 520 — 5'^. 

The Application of the Treaty : The Grounds of the Quarrel . . 527 — 540 

The Dispute Over Mahim . . . . . . . . . . . . . . 540 — 549 

The Case of Don Alvaro Pirez . . . . . . . . . . . . 549 — 558 

How IT Ended 558 — 560 

Parry's Despatch FROM Lisbon ., .. .. .. .. .. 560 — 561 

The Pamphlet Literature on Bombay. Its Importance . . . . 562 — 569 

Conclusion 569 — 57U 

INDEX 571—574 

The Anglo-Portuguese Negotiations 
Relating to Bombay, 1660—1677. 


Bombay possesses a singular power of arousing the interests 
of its citizens in its chequered annals, and a band of dis- 
tinguished historians has carried on the pious task of recording 
its phenomenal growth in a series of luminous monographs and 
comprehensive gazetteers. Campbell has compiled an admirable 
collection of representative data in the Bombay Gazetteer Mate- 
rials, Vol. XXVI ; Edwardes has given a masterly sketch of the 
rise of Bombay ; Douglas has traced its history in his Bombay 
and Western India; Dr. Da Cunha has written a brilliant sketch, 
supplying a rare collection of transcripts from the Portuguese 
records; Mainwaring's Crown and Company, and Malabari's 
Bombay in the Making, throw further light on some' of the most 
important aspects of the history of Bombay. Cobbe's Bombay 
Church, 1766; Bruce's Annals, 1810 ; Danvers' Portugese in India, 
1894 ; Forrest's Selections from the State Papers, Home Series, 
1887 ; Birdwood's Report on the Old Records of the India Office, 
1890 ; W. Foster's English Factories in India and Court Minutes 
of the East India Company, Hedge's Diary and Kaye's Adminis- 
tration of the East India Company contain very useful informa- 
tion on the early settlers. The list of travellers who visited 
Bombay is by no means small. Mannuci, Fryer, Ovington, and 
a host of others, whose accounts are preserved in the British 
Museum, furnish many a picturesque detail, and we still 
derive invaluable information on some obscure points of its 
history from the accounts of these pioneers. 

These are our principal authorities for the study of the 
history of Bombay; and it would be difficult to find a better 
collection of essential data. There is, however, one aspect of the 
history of Bombay which seems to me to have been ignored by 
its historians. They have neglected to emphasize the importance 
of the Anglo-Portuguese negotiations, and have contented them- 
selves hitherto with a brief account of the unfortunate squabbles 
between the Portuguese Viceroy and the English Commanders. A 
deeper study of the data reveals the existence of a continuous 


chain of negotiations exhibiting constant action and reaction, and 
mirroring the leading stages in the intercourse of England with 
Portugal, during the years 1660-77. For Portugal, it will be remem- 
bered, ceded Bombay at a time when her political existence was at 
stake, and when the Peace of Pyrenees had revived the danger of 
Spanish invasion. She was, moreover, at war with the Dutch, 
and her devastating wars with Spain and the United Netherlands 
had brought her to the verge of bankruptcy. It was at this critical 
moment of her history that Charles came to her rescue, and 
supplied her with disciplined troops that ultimately won her 
independence. Bombay and Tangier were a totally inadequate 
return for these services, and the documents reproduced below 
show clearly that the Portuguese were not willing to part 
even with Bombay. For only three years after the signing of the 
Treaty we find the Portuguese King ordering his Viceroy at Goa 
to collect large sums for the purchase of Bombay from Charles. 
That the purchase was not effected was due solely to the 
inability of the latter to collect the necessary amount. Charles, 
at any rate, would have been only too glad to sell it, as he was in 
considerable financial difficulties at the time, and found it 
impossible to prosecute the Dutch War with vigour. 

Another important feature of these negotiations is their 
wealth of information on the commercial usages of the 
period. For it was not merely a question of petty dues and 
vexatious tolls ; it was the vital problem of the security of 
the Company's trade, and the safety of its subjects. 

There was another important aspect of this quarrel. The 
elaborate reports of the Council, the active support of the King, 
and the numerous representations to the Portuguese Government, 
show the intimate connection between the foreign and the econ- 
omic policy of England ; while the keen and sustained interest 
manifested by Charles II in the varied colonial and commercial 
activities of the times vindicate that monarch from the reckless 
charges hurled by his opponents. 

My attention was first directed to the importance of these 
negotiations in 1917, when I was engaged on researches into 
the history of the " East India Trade inthe XVIIth Century."* 
Further searches in the Public Record Office, the British 
Museum, and the India Office, revealed the existence of a 
large amount of data. Very few of the documents reproduced 
below have been printed in extenso ; and the lack of a suitable 

• The book is bring printed by tiie Clarendon Press, Oxford, who hope to 
te able to bring it out in October, this year. 


monograph on this important subject has long been felt. Dr. 
Da Cunha and Sir George Forrest have published only a few 
important letters, and the large collection in the Public 
Record Office has not been tapped at all. I have already given 
extracts from the pamphlets in the British Museum on the 
" Company's War with Aurangzebe " in Number I, 
Volume I, of the Journal of Indian History. All of them deal 
directly or indirectly Math Bombay. Alexander Hamilton's 
pamphlet has been deliberately left out, as I think we have placed 
too much reliance on his statements. He is obviously pre- 
judiced, and I have found it difficult to verify his statements. 

The majority of the documents reproduced below have been 
transcribed from the C. O. 77, in the Public Record Office, 
Chancery Lane, London ; a few, specially the Court Minutes, 
have been copied from the magnificent collection in the India 
Office Record Department, while the remainder were taken from 
the documents in the British Museum. The Department of MSS,, 
British Museum, contains a series of records of the highest 
value to the student of seventeenth century British India. A 
short account of these documents was published in Number I, 
Volume I, of the Journal of Indian History. It was not, however, 
exhaustive, and I hope to be able to give a complete bibliography 
of MSS. relating to seventeenth century British India in the next 
number of the Journal. 

The first English visit to Bombay was paid under very 
unpropitious circumstances. The Anglo-Dutch fleet proposed 
to attack Botelho's squadron, which was supposed to have 
returned to Bombay, and a strong fleet, consisting of six Dutch 
and six English ships, sailed on October 8, 1626. The following 
account of the first English visit to Bombay will be found of 

" 1626. October 8. The Dutch and English fleets sailed from 
Swally." October 10. " Met two Dutch ships, the Zierikzee and 
Wapen [Van Zealand ]iTom Ba-taLvia." October 12. "Anckored 
five miles off Bumbay, we thinkinge our enimye the Portingall 
had bene there, but he was not there with anie shipps." October 
13. "We and the whole fleet, both of English and Dutch, went into 
Bumbay and came to an anckor in 9 fatham ; one pointe beare- 
ing WNW, per compasse, the other SSW ; the one three mile off, 
the other 3 leagus off. This was in the entringe of the harbor." 
October 14. " This dale we went with the whole fleete in farther, 
neare a smalle towne or village, where there were Portingalls. We 

* ( CoTipare Marine Records, Volume 43 ; William Foster, English Factories 
in India, pp. 142-3.) 



anckored, and rode a mile of in 6 faddam, one point per compasse 
bearinge WSW, 5 mile of, the other S and by W, some 5 leagus of. 
We came soe neere the towne with two of our shipps that wee drove 
them all awaye with our great ordnance, viz., the Morrice of the 
English, and the Mauritius of the Dutch. In saftie we landed 
our men on shore, whoe pillaadged the towne and set their houses 
all on fire, with their fort neer the water side. Yea, we staide 
there the 15th daye, doeing all the spoyle that possiblie we could ; 
but we got nothing to speak of but vittuU. Soe when wee had 
done all the harme we could, the 15th daye in the evening wee 
got our men aboord, leaveinge the towne on fire. And the 16 
daye in the morneinge, when the wind cam of shore, wee wayed 
anckor and went off to sea againe." 

The allied fleet did not apparently inflict serious damage 
on the Portuguese shipping, for Bombay was only a small village 
at that time. Mr. Wilham Foster has published a most interesting 
map of Bombay by David Davis, the master's mate on board 
the Discovery, in the English Factories in India, while Sir Henry 
Morland and Sir James Campbell have written an interesting note 
on this sketch, in their Bombay and Western India, Vol. I. 

David Davis supplements the above account. 

" 1626. October 12. We waied and say led in neere the 

going into the baye, to see if the Portingalls weare ther. And the 

Commanders sent their shallupps to chase fisher boats that were 

in the offing, whereof they took two, the one loaden with salt, 

which came out of the baye, the other a fisher boate." October 13. 

"We went into the baye and roade without the stakes." October 14. 

"The Moris and two Dutch shipps went in neere the greate howse 

to batter agaynst it ; in which batterie two of the Moris ordnance 

spilt. The same dale we landed 300 men, English and Dutch, 

and burnt all their kitjonns howses (houses thatched with the 

leaves of the coco palm) and tooke the greate howse with two 

basses of brass and one faker of iron." October 15. " All our men 

embarqued aboorde the shipps, beinge Sonday in the evening, 

and lefte the greate howse, which was both a warehouse, a frierry, 

and a forte, all afire burning with many other good howses, 

together with two nywe frigetts not zett frome the stockes nor 

fully ended ; but they had carried away all their treasur and 

all things of any value, for all were runde away before our men 

landed." October 16. " In the morning we wayed and sayled 

out of Bumbaye." 

The last account of this adventurous visit supplies further 
details. " October 12. Anchored four leagues from "Bumbaye "," 


October 15. " In the morning strode in and ankered, and landed 
of the E ingles and the Dttche sum 400 meane at the leaste, 
and took the forte and casell and the towne, and sett fire of it 
and all the towne and all the howses in thereaboutes, the pepell 
being all run away that night and ded carray away all the best 
cometieies [commodities] levein nothein but trashe. " October 
16. " In the morningen we sete sayle and came out to seae." 

President Kerridge's summary of this exploit is interesting 
enough. The joint fleet entered " aU togeather into the port of 
Bombaye ; where finding httle or noe resistance, they landed some 
people and sett fire on all that could bee burned in a small fort 
and monastery adjoyning, where was found only two or three 
little peeces ordinances of meane vallewe, the inhabitants fledd 
with what was portable. This exploit acted, the limitted tyme 
expired, and noe other shipps appearing, they joynctlie returned 
towards Swalley." (President Kerridge and Messrs. Wylde, 
Burt and Page at Surat to the Company, November 29, 1626.) 

The Company at this period was maturing its projects for 
the acquisition of a convenient harbour on the western coast of 
India. This was due partly to the comparative insecurity of 
their position at Surat, and partly to the extension of their trade 
in the East. As regards the first, the Moghul Emperors had 
guaranteed them a succession of privileges in a series of farmans, 
and a comparison of these privileges with the narrow " mercantil- 
ism" of Colbert and the narrower "bulUonism" of the Restoration. 
Parliament brings out clearly enough the immense superiority 
of the Moghul Government, so far, of course, as freedom of com- 
mercial intercourse is concerned. The amount of customs duties 
levied by the Governors at Surat was ridiculously small, and Euro- 
pean travellers were greatly struck by the active encouragement of 
trade, the comparatively Uberal policy of the Moghuls, and the 
beneficent religious freedom enjoyed by their subjects. The 
English Company in India enjoyed commercial privileges at a time 
when trade monopohes, tariff wars, vexatious customs duties, 
and narrow bullionism throttled European commerce ; and 
though they were sometimes subjected to fines and even imprison- 
ment, it was due partly to the piratical tendencies and roving 
propensities of their own countrymen. The Governor could hardly 
be expected to note the innumerable shades of the European 
trader, for the licensed trader and the respectable interloper 
merged imperceptibly into the pirate. 

These advantages were, however, outweighed by positive 
disadvantages. The Company's factors found it difi&cult to 


protect its commerce from the ravages of the pirates, the attacks 
of tyrannical or greedy Governors, and the undisguised hostiUty, 
first of the Portuguese, and then of the Dutch. The combination 
of Dutch power, prestige, and ingenuity with the absolute rule 
and despotical ways of the Surat Governors was fraught with 
serious evils ; and the consummation of this alliance showed the 
calculating and shrewd servants of the EngUsh Company the 
absolute necessity of a sound, secure harbour for their growing 
shipping and expanding commerce. The policy of fortified 
towns, which Sir Josiah Child advocated, and which has been 
exaggerated by Sir William Hunter and a host of lesser lumi- 
naries into a policy of conquest, took its rise at this period. The 
Enghsh merchants had already tried it at Lagundy and Armagon; 
while the disturbances in the Moghul Empire, in 1626, the 
ceaseless attacks of the Portuguese, and the growing ill-feeling 
between the Dutch and the EngUsh contributed to the growth 
of a consistent theory, aiming at the protection of commerce 
by fortified towns, convenient and commodious harbours, and 
discipUned troops. The Dutch had carried it out with conspicu- 
ous success, and the comparative freedom of their colonies from 
invasion, the unusual expansion of their commerce, and the 
remarkable successes they had achieved in diplomacy no less 
than on the battlefield were due partly to their active support 
and employment of capable men, but mainly to their energetic 
pursuit of the principle of fortified towns. The Company had 
already embarked on this policy in two notable cases ; its factors 
now urged it to carry it still further, and to occupy Bombay. 
The English Company was the first to notice the importance of 
that harbour, and as early as 1628 proposals were formulated 
for its occupation. 

The following extract from a Despatch of James Slade, 
Master of the Blessing, at Swally, to the Company is interesting. 
(See Foster, op. cit., pp. 216-7.) Slade refers to the " conferrence 
in consultation about a place of fortification," and adds that "as 
yett nothing (has been) don nor resolved on where or when it 
may be don." " London's Hope ", or Khor Jarama had been 
suggested as a suitable place, but its "barrenness" deterred 
the Company, and Bombay seemed to have been the next best 
choice. Slade's account of the landing of British soldiery at 
Bombay is interesting. " Here, after wee had bin before it 24 
howers, the Commanders being aboard of us resolved to goe 
with all our bardges and boats to view the place, to see if wee 
might land without danger. After there departure from aboard 
of us, it was Mr. Wills his fortune and myne to come after them 


>jytAm-'Our shalloop, and after our departure from our ships wee 
espied a boat . . , coming (near) the forte, it shott divers 
times at us, and som small shott plaied at us out of the corner of 
the wood where the boats lay. Notwithstanding, wee went aboard 
of her, which wee found to be one ground, and the people fledd ; 
whereupon wee landed and, being seconded by two or three 
boats of men that followed us, wee martch up to the forte, which 
was left voyde unto us. Som of our men fired a house, by which 
accident the Commanders perceiving the SUCCESSE cam ashore 
unto us ; where wee continued till night and till next day in the 
evening, at which time, the whole towne and forte being burnt 
to the ground by the Dutch and us, wee departed. This towne 
yealded noe benefitt to us nor the Dutch, there being nothing left 
in it that was worth carradge, except it were salt fish and rice, 
which was consumed with fier. The rest of there goods, in regard 
of our long being before wee had landed, they had conveyed away." 
Slade decided against the occupation of Bombay, it being " no 
good place to winter in, it being open to the westerly [wind ?1 and 
no sucker for them from the winter. What other place there is 
in this sound, which is deepe and undiscovered by any of us, to 
winter in, is un (known) to us then that were there present." 
Other places were suggested for the purpose. The Company had 
already advised their President at Surat to secure a suitable 
harbour, and Kerridge himself was in favour of Bombay. *Kerridge 
assured them as regards the climate of Bombay. "Bombay ", he 
stated, " is noe ill ayre, but a pleasant, fruitful! soile and excellent 
harbor, as experience of our own people doth testifie." He, 
however, found it difficult to secure it, "as the Portingall, whose 
country it is, will with their uttmost force prevent its commerce 
and bee pyerpetuall disturbers of the prosecution." The Dutch, too, 
were suspicious of these designs and refused to co-operate with 
the English Company in its attack on Bombay. Kerridge's 
proposals to the Dutch " principalis in the behaulfe of both 
Companies unto a friendlie conjunction in the attempt, and equall 
division of the successe, whereby we intended a double fortifica- 
tion " were viewed with suspicion, and they rejected the project 
as " incommodious ", and absolutely refused" conjoying". 

The next Despatch of Kerridge, dealing with Bombay, is 
dated January 4, 1628. f The Company, it is clear, was deter 
mined upon carrying out their policy of fortified towns, and 
Bombay was too tempting a bait to be ignored by the Directors. 
The President was able to satisfy their curiosity, for "one Richard 

♦ (Despatch to the Company, November 29, 1626.) 

t (O.C. 1264; compare PubUc Record Office, East Indies. Vol., IV., No. 7.) 


Tuck, an English sayler," who had long served the Portuguese 
and frequented the place, supplied him with valuable information. 
This is by far the earliest account of Bombay by the English, 
and it deserves reproduction here. 

" The iland called Bumbaiee in some places thereof is within 
muskett shott off the maine of Decan, divided by a small creeke 
from another iland called Salsett ; both which seeme one land and 
make butt two channells or entrances, one to the southwards of 
the sayd ilands and thother to the northwards, which last is 
neare unto the iland of Bassein, and from the sea twixt itt, and 
Bassein maketh a navigable river, called the river of Bassein, 
howbeitt within, near unto Salsett, the passage twixt the maine 
and itt is very shoale and narrow; butt the entrance to the 
southwards is a large channell, where shipps of greatest burthen 
may boldly enter laden and ride lanlockt within a bay, free 
from all winds and weather, being the same where your people 
demolished a fort or chappell of the Portugalls last year, within 
which some 3 leagues they have another village and small fort, 
to keep the Mallabar frigates from rounding the iland, where is so 
little water that every ebbe the people of the maine, being the 
subjects of Nizam Shaw, king of that part Decan, may wade 
over. The inhabitants both of Bumbaiee and Salsett are poore 
fishermen and other labourers, subject to the Portugall ; whither 
as well the Portugalls as the Moore's cattle come from the iland 
of Bassein and from the maine to feed. It is in length twixt 6 
and 7 leagues, Ijnlng N and S, but in breadth httle more than an 
English mile. It is not unlikely that the Portugalls have made 
choice of the fittest place to fortefy, being the same already 

Kerridge concludes by pointing out the necessity of fortifica- 
tions, and suggesting suitable places for that purpose. 

The project, however, was laid aside, for the present, as the 
Company was in serious financial difficulties, and the institution 
of Courtens' Association, combined with the vacillating pohcy 
of Charles I, rendered it impossible for its factors to expand its 
commerce. The Portuguese, the Dutch, and the pirates were a 
source of constant anxiety, and the Directors could not attract 
sufficiently large funds from the public to be able to prosecute 
that lucrative trade with success. England enjoyed an ominous 
quiet of ten years, and the people saw withjgrowing indignation 
the gradual disappearance of a number of iB most hallowed insti- 
tutions. The parhament had ceased ; the city of London lay at the 
feet of the conqueror, and the thriving citizen was naturally shy 


of risking his money in a venture of whose utility he was by no 
means certain, and whose prospects could not be compared with 
those of the rival Company. The ten years of calm were 
succeeded by another ten years of disorder. Commerce declined ; 
trade languished ; commercial enterprise was killed, and the 
merchant watched and — prayed. 

During the interval, the Company's servants continued to 
visit Bombay and to pay a fearful toll for their intemperance. 
President Methwold describes the results of their sojourn in 
Bombay during the latter part of 1635. " Wee were not present to 
observe our people's misdemeanours ; but wee have heard enough 
to believe that the Portugalls' desires to gratify them with all 
convenient freedome, and that Uberty too much abused in 
excessive drinking of toddy and arracke, shortened the lives of 
many which expired there, and so weakened the rest that wee 
are persuaded a more infirme company of men never (was) 
brought unto this port." Toddy and arrack shops in Bombay, 
it must be observed, exacted a monstrous due throughout the 
seventeenth century, and not even the stringent regulations of 
Aungier and Oxinden could reduce its high death-rate, or reform 
the morals of the motley crew who resided in Bombay. 

It seems to have produced a peculiar kind of terror 
among the Company's servants, and there are numerous refer- 
ences to its unhealthy climate in the Company's early records. 
The Rev. Mr. Ovington (Ovington's Voyage) declared " Bombay 
was nought but a charnel-house, in which two monsoons were 
the age of the man " ; while Dr. Fryer enumerated the diseases 
from which people suffered with the zeal of a physician. Accord- 
ing to him, the chief diseases were " fluxes, dropsy, scurvy, 
barbiers or loss of the use of hands and feet, gout, stone, 
malignant and putrid fevers," and a disease named " Mordisheen ", 
or " Chinese death ". Between 1686 and 1696, there was, 
moreover, a severe outbreak of plague in Western India, 
which wrought havoc in Bassein, Thana, and Chaul, and nearly 
emptied Bombay of its inhabitants. About the end of 1691, 
Bombay contained only about eighty Englishmen, many of whom 
were ill ; the five civil servants in 1691 had dwindled to three in 
the following year, and by October, 1696, only twenty-seven 
Englishmen were alive. Ten years later, we find the same tale of 
depopulation and disease. Poor Waite wrote mournfully in 1706 : 
" We are only eight covenant servants, including the Council, and 
but two that write, besides two raw youths taken ashore out of 


ships, and most of us sick in this, unhealthful, depopulated and 
ruined island." His next letter referred again to the virulence of 
disease. " We are six including your Council, and some of us 
often sick. It is morally impossible without an overruling 
Providence to continue longer from going underground, if we 
have not a large assistance." His final appeal for help in 1707 
showed the helplessness of the Company and its factors. " My 
continued indisposition and want of assistance in this unvery- 
healthful {sic) island has been laid before the managers and your 
Court. Yet I esteem myself bound in gratitude, and I will 
briefly inform what material occurs till I leave this place or the 
world." * 

It was partly the unhealthy climate of Bombay that prevented 
the Company from occupying Bombay, but the main cause was 
the disturbed state of the country, and its paucity of resources. 
The establishment of the Protectorate, and the vigorous foreign 
policy of Cromwell restored confidence among the merchants, 
and enabled them to prosecute their trade with vigour. This 
revival of commercial enterprise and colonial development 
found a characteristic expression in the proposal of the East 
India Company to acquire a " safe and commodious harbour " in 
India. The original project was again considered, and President 
Blackman adduced forcible arguments in favour of that plan. 
" Wee were never soe sencible of the want of a port in these parts 
(as that wee might call our owne) as wee are at present, and are 
like to bee if these wars continue. Doubtless a faire opportunity 
may now present by a treaty with Portugal!, who hath enow 
to spare, and wee believe willing to spare on easy terms. What the 
Dutch hold in Zelon (Ceylon) wee believe the Portugalls would 
bee willing wee should enjoy, if by our assistance they could bee 
driven out ; which were noe hard matter to doe, if the Parliament 
would please to engage therein. ... If this could bee effected, the 
honour of our nation in these parts would much bee advanced, 
our priviledges in all places increased (which are now much 
impaired), your customes of Gombaroone not onely estabhshed 
but much augmented, and you enjoy as great a royalty of the 
seas in these parts as formerly the Portugalls did, and the Dutch, 
wee believe, will do, if not prevented." 

A similar suggestion was made by John Spiller in April, 
1654. He showed that the acquisition of a convenient "castle" 
or towne " about Suratt or on the coast of India," would be a 

♦ Compare, Selections from State Papers : Home Service. Despatch to Direc- 
tors, June 1, 1696 ; do., October 27, 1691 ; do. October 15, 1696. 


means of increasing " their strength, force, and honour in the(se) 
Orientall parts." 

The proposals were viewed with favour by the Company, 
and representations were actually made to the Protector for " the 
settlement of a nationall interest in India." Oliver Cromwell's 
attitude towards the East India Company has been strangely 
misrepresented by Sir William Hunter. There is no evidence 
to believe that he took a keen interest in the East India Company. 
The data are too scanty to enable us to decide on this point with 
certainty. He himself told the Company that he was too busy 
with " Publiqe affaires " to be bothered by the private bickerings 
of the two Companies ; and the few references to his policy in the 
Company's Minutes are too vague to be of any help to the 

That he was a friend of Maurice Thomson is clear from the 
data at our disposal * ; that he sympathised with some princi- 
pal of the Thomson party is no less clear from the references 
to the proposals of the Assada Adventurers. The latter wanted 
to " procure a nationall interest in some towne in India to make 
the scale of trade for those parts." They aimed, moreover, at 
establishing settlements in Assada and Pulo Run, absorbing the 
Guinea trade, and securing liberty for the Assada settlers to trade 
freely in the East. It is possible that Cromwell did not know the 
real position of the Company in the East, and probable that 
he desired to replace the Joint-Stock system by a modified form 
of the Regulated system. This is borne out by an interesting 
letter in Thurloe's State Papers,^ dated early in January 1655, 
stating that "the merchants of Amsterdam were greatly disturbed 
by news from London that it was Cromwell's intention to dis- 
solve the present East India Company and declare the trade free 
and open. "J 

Cromwell's perception of the difficulties involved in the 
consistent application of Thomson's theories led to a modification 
of his original views. He probably knew the dangers surround- 
ing the early traders to the East ; he had possibly heard of the 
early exploits of the Dutch and the Portuguese in the East ; he 
was certainly aware of the importance of security to English 
traders and its necessary corollary, the acquisition of a port on 
the western coast of India. The formulation of various pro- 
posals for the attainment of this salutary project is in itself an 

* Compare, C. M. Andrews, British Committees, etc., of Trade. 

t Volume III, pase 80. 

J Compare also. Firth, C. H. The Last Years of the Protectorate. 


indication of the greater security and increasing confidence 
which the masterful rule of the Protector had conferred on the 
country. But their importance consists chiefly in their influence 
on the subsequent history of the Company's policy in the East. 
As pointed out above, the Company had considered favourably 
enough some of the suggestions of their factors as regards Bombay, 
but it could not carry it out, owing to the causes enumerated 

Under Cromwell, the original plans underwent modification, 
and the initiative in this movement was taken by some of the 
most enterprising men of the period. The following petition of 
the East India Company brings out the effect of this poUcy. 
" Having with all respect and thankfulness considered His High- 
nesses' intention to endeavour the settlement of a " nationall 
interest in India", they propose as places most convenient, the 
town of Bassein, with the port " Bone Bay ", thereto belonging, 
on the coast of India, and the town and coast of Mazambique, on 
the coast of Melinde, with the several fortifications, privileges, trade 
and other benefits belonging to them."* 

Four years later the Company reiterated its desire to secure 
a stronghold on the western coast of India. " Wee doe hereby give 
you power to treate for the obteyning of the said port of Danda 
Rajapore, Basseene, Bombay, or Carapatam, or such other 
healthfuU place upon the coast of Mallabar as you shall upon 
certaine knowledge or information know to be fitt for securing 
of our shipping, and that hath a good inlett into the countrie and 
trade, and such other conveniences and accommodations as are 
necessary for a settlement. "f The following year the request 
was repeated, and a desire expressed to secure Danda Rajapore, 
owing to its central position. The Directors returned to the 
subject in 1660, and informed their President that they had "some 
conference with the ambassadors of Portugall for the resigning 
of one of their holds in India unto us, but have found them very 
high and exceeding unwilling to part with anythinge whilst there 
is the least hope or probabilitie to keep it to themselves." 

The Company was, however, aware of the difficulty of 
fortifying Bombay, and their repeated requests may have been 
due partly to the influence of some of the members of the Thomson 
party. Their financial condition prevented them from embarking 
on an enterprise of whose magnitude they had been frequently 

* Petition of the East India Company to the Lord Protector, C. O. 77, Vol. VII, 
No. 92, 1654. 

t Dated April 9, 1658. 


informed, and this hypothesis finds some support in the fact 
that they refused to co-operate with Charles II in the settlement 
of Bombay. A certain amount of help was rendered, but that 
was dictated solely by the fear that the intervention of a third 
party may ultimately lead to the abolition of their privileges, 
and the opening of the East India Trade to outsiders. 

Of the various proposals submitted to the Protector, the 
most original is that of Richard Wylde. His Remonstrance to 
Cromwell contains many striking suggestions ; and his practical 
experience, thorough knowledge of India, and wide outlook, 
render the pamphlet exceedingly useful. The Remonstrance is 
exceedingly rare, and I have discovered only one copy in the 
British Museum. Wylde's is the boldest of all the proposals relat- 
ing to the East India Trade, and his conception of that trade as 
a " national trade ", no less than his enunciation of a vigorous 
commercial policy, are marked by originality and insight. 
Numerous references to Wyld will be found in Foster's Court 
Minutes and English Factories in India. 


To his Highnes the Lord Protector of this Common- 
wealth of England, Scottland and Irelande, etc. 
The humble remonstrance of 
Richard Wylde Marchant. 

Representing the true, and reall state, as to trade 
into the East Indies, And Meanes for selling the 
same in its right Course ; And regaining the lost 
honour, and repute of the Nation, in those remote 
parts of the worlde etts. 

Humbly Sheying 

That, notwithstanding those most rich trades of India, Persia, 
etts have had the unhapines, to fall into the hands of an evill affected 
people, that have manadged the same to this day ; slighted and 
neglected, in a time, when we had both meanes of stocke, and 
shiping suffitient to have obteined the Soveraigntie of those seas ; 
As had the Portingall for above 200 years ; to whom they apeared 
in their true worth, and valine ; bringing hoame every yeare (no 
ship Miscarying) Rich goods, to the vallue of two Millions, and a halfe 
upon Register, besides Pearles, Diamonds, Rubies, etts : Preatious 
stones, ambergrirse. Musk, and other rich Drugges unregistred, of 
very great vallue. And of late years in some Measure, have the 
Dutch partaken thereof, as by the yearly retourns in spices, and 
other goods, to the vallue of 11 : or 12 : hundred thousand pounds, 
besides their many plantations of great Consequence. By the 
inconsiderate weaknes of our State, that gave way to some evill 
affected members of our Companie, to assist the Dutch, in beating 


the Portingalls quite out of all those Spice Hands, and settling 
themselves in other places ; which don, in most ingratefull manner, 
Murtherd our people in Amboyna ; and in the ende thrust us also 
out of all ; Not soe much as afording us any trade into their spice 
plantations, to the great shame, and dishonor of our nation, in 
those remote parts of the worlde. 

In soe much, as those soe rich trades seeme, at this time, unto 
many men to be of little or no valine ; and all hopes of Planting 
ourselves in anie porte utterlye lost, in the opinion of some men, that 
affect not plantations, as nott willing the state should have any 
interest therin ; or insight into their willfull Miscaried actions, as 
I have enlarged in my Remonstrance latelye delivered unto your 

Yett, are nott these trades the worse, because neglected, and 
slighted (like Pearles before Swine) by those that were intrusted 
therwith. Neither are all hopes of gaining some safe harbor, 
altogeather lost ; Though the Portingalls have long since seased on, 
and still hould most of the best ports betweene Cambaya ; and 
Cape Commorin, on the coast of India, three onlye excepted, to 
say Danda Rajapore, Rajapore, and Dabull ; all good harbors, but 
in possession of the Natives, a stout, and warlike people, Nott to 
be attempted without aparent danger, and lost laboure. Experi- 
ment the Dutch, who nottwithstanding all their great force by 
sea ; by which they have beaten the Portingalls from all trade, 
between port, and port in India, (which is the Cow that gives the 
milke of profitt) by shiping, have not gotten any Considerable port 
from them ; other then Open Roades, upon the Spice Hands ; (that 
of Malaca excepted : rather a Charge, then benifitt unto them) 
except in hindring others from passage through that streight, unto 
China, and Japon ; Nor is Jacatra, on Java Major, their prime 
Rendevous for all shiping and trade, other then an open roade, where 
their ships ride out of the Comand of their owne Ordnance, subject 
enough to ruine, by a stronger force, as by your Highnes' favor I shall 
enlarg in itts proper place hereafter. 

Here I did intend with your Highnes favor and patience, to have 
gon on, in ralating the true, and reall worth, of every particular trade, 
beyond the Cape of good Hope, As the Gould coast, Sofala, 
Mosambeeke, Bombas, Melinde, upon the coast of Africa, The Red Sea 
and Bussora, in Arabia ; Persia, India within and without Ganges ; 
The Hands of Zeilan, Sumatra, Java Major, Borneo, Molluca, Banda, 
Macassar, and Mannillas, etts ; China, and Japon ; But finding my 
worke to growe larger then I intended, I have thought good to leave 
them, for an other occasion ; And with your Highnes leave, will proced 
unto the Meanes, wherby we may best gaine some Convenient harbor 
for our ships and people to winter in, which I finde May and wilbe 
don, better by fair Meant s then by force, As hertofore in anno 1628 : 
when I was Presidente in Surratt, and we att Mortall warre with the 
Portingall ; I being in treaty with the Great MoguU ; Emporer of India ; 
about aiding him by sea, in the takeing in of the Hand, Cittie, and 
Fort of Dili, and Daman ; within his Dominions, and neer unto 
Cambaya, and Suratt ; which the Portingalls have held above 200 


yeares : the Conditions on our part, were as Commodious, and 
advantagious as we desired. 

Being thus engaged, our deseigne became discovered to the 
inhabitants of Diu ; (the place we Cheiflie aymed att, as being a very 
good harbor for our retreit) who foreseing that they were not able to 
defend themselves against both our forces both by land and sea ; sent 
one of their prime Men of their Cittie to perswade me to desist from 
the intended warre. Butt when he saw that I was engaged soe farre, 
as I could nott fall of [f] with honour, he then opened his Minde unto 
me in plaine termes, shewing me his Commission, to treat with me 
about surrender of the said towne, and Castle of Diu, as Choosing 
rather to putt themselves into the hands of Christians, though 
enimies, and of different opinion, then to Cast themselves on the 
Mercy of Moores, and Infidells, 

The Cheife Conditions required by them from us, were enjoy- 
ment of their Religion, and estates, freedom of trade on our ships into 
all ports of India, etts: and into England also, if they would, as free 
denisens, and Protection against other Portingalls, and their deadly 
enimies the Dutch ; unto all butt this latter we had easily Condescend- 
ed ; Butt they being to[o] strong for us by sea, and noe Comission from 
the King or Company, we excused to treat any more therin ; as we 
had don the like with the Great MoguU, untill we had Commission 
from hence to Confirme and warrant our proceedings. Herof I gave 
the then Governour of our Company notice, by a privat letter 
perswading him therunto, by many sound reasons ; Butt however, 
relished by him etts., here at home, I never heard more of itt, other 
then that (by their next letter) I was Called home, as a privat trader 
only ; and I coming thence in 1630, both that, and the other with the 
MoguU failed, and came to nothing ; To say the truth, our Comp». 
never really desired any plantation in India, for the reasons already 

This fair oportunitie neglected. Another was ofred, by the said 
Mogull, for aiding him in the gaining of Danda Rajapore, Rajapore, 
and Dabull, all very good harbors, he intending to Make a Conquest 
of Decam* and Vissapore, in whose Dominions, those ports lay, and in • uic] 
or about 1640 Moved the same to Mr. Fremlen, then President ; butt 
he seeing the Companie did slight the first offer from the Portingalls, 
and noe after Commission from them, he durst nott entertaine itt ; 
though extreamlye Convenient for the Companie and Nation. Yett 
did this produce good effects, for the Portingalls hearinge herof, and 
having fower, or five ports, between those of Danda Rajapore and 
Dabull, were fearfull that the Mogull had no good intention to them- 
ward, did therefore the yeare following, send to the English in Suratt, 
to treat of a Cessation of Armes, untill a peace were Concluded in 
Europe, which they did earnestlie desire ; the Vice Kinge of Goa, ofring 
to deliver up the said towne of Diu into our hands, with free accesse, 
and trade into all their Portes, soe as we would joine with them in a 
warre offensive and defensive against the Dutch ; this being refused, 
a Cessation of Armes onlye with free trade into all parts, was 
Concluded, and hath Continued ever since, without any just Cause of 
breach on either side. 


All which fair offers, though then unhapilie lost, may yett 
give hopes of gaining one or more of those portes, by one meanes or 
other for itt may be Conceaved the King of Portingall will upon the 
before mentioned Conditions, deliver up the said Port of Diu, or other, 
upon very reasonable termes ; or had your Highnes an Agent, or 
Consull there with Comission to treat e with those people, who are 
now growen poore, and Necessitated, as beaten from all trade and 
Comerce, betweene port and port in India by shipinge, may be more 
willing to putt themselves under your Highnes Protection, then 
heretofore, by how much they know you better able to protect 
them, then were the Companie, and this without any breach, or 
offence to the Dutch ; so also May the Great Mogull, willinglie em- 
[sic] brace an ofer of aiding him by sea, in his warre against the Decamees*; 

which he hath long desired, upon what termes soever, we shall 
demand, the Castles, and fortes of each place excepted. All which 
being left unto your Highnes better Judgment and Consideration, 
whether of those three waies may be most advantagious to the 
Commonwealth, and most honorable to the Nation ; That of the 
voluntary surrender of the towne of Diu, by the inhabitants therof, 
in my Judgment seemes to promise least of Charge and expence, and 
most of freedom and saftie ; and may be expected upon more reason- 
able termes then the other ; for the greater part of the inhabitants 
are Moores, Banians, heathen ; the second greater part are Mestiso 
or mixt Portingalls, naturall borne Indians, of long descent from 
Portingall men and Indian women ; the third and lesser part, that are 
Naturall born Portingalls, are the garison souldiers. Priests, and friers; 
both th'one and th'other much necessitated by the decay of trade, and 
wilbe willing to putt themselves under any goverment that will give 
them libertie of Conscience, their estates, freedom of trade, and pro- 
tection from their enymies ; which as things now stand in India, they 
can expect from no Prince butt from your Highnes, which may be a 
strong Motive both to them, and others to a revolt, when they shall see 
them thrive, by an open and free trade, without desturbance from their 
own nation, who will nott dare to make any breach for feare of farther 
mischeife ; Nor from the Dutch, that have no Cause to be ofended ; 
Neither yett from the Mogull, who hath divers times attempted the 
taking therof ; butt wanting forces by sea, hath bin forced to a 
dishonorable retreat with losse. 

Nor is itt altogeather unlikelie, that some of the Dutch garison, 
of the Moluca, and Banda Islands, may take example from the other, 
their present Condition being little better then slaves, out of hopes of 
ever seeing their owne Country, except by meanes of some spetiall 
friends ; Nor doe they enjoy any trade, except in triviall things, more 
then for provision of vitualls and cloathing then for encrease of stocke ; 
these discontents may soe worke upon their slavish spiritts as to putt 
them upon a revolte, upon assurance of freedom, and libertie of trade, 
and Protection, etts. 

But this, and all the rest failing, (which I am Confident will nott) 
or not to be putt in practise upon any sudden intention of gaining 
the soveraigntie of those seas, and with them the whole trade of 
India, etts, to this Comonwealth, without which we cannott well enjoy 
any without many Jarrings and diferences between us and the Dutch, 


whom to out of all those trades, wilbe but (Lex tallionis), what they 
have long laboured, and had even now effected itt, with us ; had not 
your Highnes beaten them into better manners here att home ; to 
effect which two waies are ofred to your Highnes having first a large 
Nationall, or state stocke wherewith to worke, and Gary on soe 
honorable, and profitable dessigne, and v[i]ndicating the Many 
Injuries, and loste honnor and reputation of the Nation in those parts. 

The first is, that a Continued faire and freindly corespondencie be 
helde with them, for some years, to take of[f] feares and Jealiousie, 
and secure them, yett for three or fower yeares to send out 10 or 12 
good ships every yeare the greater part for trade between port and 
port in India itt self, for increase of stocke, and some of the bigger 
ships to be sent home with goods, in suply of those trades in Europe 
and elswhere, yett soe as they may be retourned thither in due time ; 
that having there 30 or 40 ships, with 20 of your Highnes frigatts of 
warre, to be sent thither under pretence of some other dessigne, in the 
West Indies or Brasill ; and all to meete att a certaine Randavous, 
those ships in India to be furnished with all sorts of needfuU provisions, 
of vittualls and cloathing for both fleetes for two years, if itt be 
thought fitt. And from thence to proceed, soe as they may arrive at 
Jacatra at the end of May, or beginning of June, when all their best 
ships are gon disperst to the Eastward in way of trade, some few ould 
ships only left, as serving more for warehouses then for defence, these 
being easily seased on, the town beseeged by sea, and by land also by 
the Matran or Emperor of Java, to whom they maybe threatned to 
deliver itt up in case they shall refuse to yeald upon fair termes ; in the 
Mean time, from their first entring the road, there must be spetiall care 
had soe to blocke up the river, as that noe boates may goe out to cary 
Newes of our ships being there, and soe divert their Coming home 
that yeare, which els they wiU come in as Ignorant of what passeth ; 
and after the blocking up of the towne, the better part of the fleete, 
to retourne to the streights of Sunda, to intercept the fleete from 
Holland, if nott don in our Channell att their going out, advise whereof 
would be sent by an expresse to our fleet ; That being don heer, and 
the Suratt and Goe fleets beinge surprised, they may send several! 
squadrons to the Moluca, and Banda Hands, and take their ships in 
the roads, about the time of their being laden, and ready to come 
thence and by the way backe, to ly in waite for the China and Japon 
ships, and intercept them : all which being surprised the towne wiU 
have little stomacke to hould out, if nott releived by the Javaes by 

Butt, in case this shall not please your Highnes, a second way 
is to sende out in one yeare (provision being made before hand in India, 
as is said before) 40 frigatts of warre about the End of December, that 
May arrive there about the beginning of June in one full bodie, to 
Meete the trading ships with provisions, in the Road of Bantam, or 
elswhere apointed. Soe may the worke be don in one yeare, for Jacatra 
being surrendred, all the rest must follow, as wanting provisions or 
starve. And this don, there wilbe little to be don with the Portingall, 
as being inconsiderable by sea ; whereof we must endeavor to Make 
ourselves Masters before we can enjoy all those rich trades to 
ourselves alone. 


Having thus laid open the richnes of those trades of India, etts. 
togeather with the manner of gaining some, or all the Ports the 
Portingalls hould, and the whole soveraigntie of those seas, and ther- 
with the whole trade therin, I shall now with your Highnes favor 
and leave, propose a way of raising a state or Nationall stocke. 

The Nationall stocke to be thus raised. 

1 : H. 100 thousand pounds, in Bristol!, and all Wales, in 

3 yeares. 

2 : H. 100 thousand p°. in Plimouth, for Devonsheir, and 

Cornwall, and Counties adjacent. 

3 : H. 100 thousand p°. in Portchmouth ; for the lie of 
Wighte, Hamsheir, Dorset and Counties about 

4 : H. 100 thousand p°. in Dover for Kent, Sussex, Suries 
[Surrey], etts. Counties. 

5 : H. 100 thousand p°. in Harwich, for Essex, Suffolke, 
Norfolke, etts. 

6 : H. 100 thousand p°. in Newcastle, for Yorksheir, 
Lincolnsheir, etts. 

7:8:9: H. 300 thousand p°. in the Cittie of London, and 
Liberties therof. 

10 : H. 100 thousand p°. in Westminster, Innes of Court, 
Law[y]ers and gentlemen. Custom and Excise 
Men ; and all other oficers of state, and Comon 
wealth e. 

Or 1000 : thousand p°. thus raised upon landed men, and 
such as have 1,000/*. Personal! estate, and upwards, to be paid in three 
years, by equall proportions. 

He that hath lOOli. lands a yeare, to putt into stocke 30li. in 3 
years, and he that hath 200li. to pay in 50li. and soe rising 20/t. upon 
every 100/t. land increase ; and he that hath 1,000/t. personall estate, 
to putt in 30/i. and he that hath 2000/i. to putt in 60li. and soe 
rising, under which sommes noe man to be prest to adventure, unles 
willinge therunto, and such to have libertie to putt in what sommes 
they please. 

That every such proportion of 100 thousand pounds, pay 25 
thousand pounds a year, into stocke for 3 years, and doe build every 
yeare a ship of 7 or 800 tons or two ships of 3 or 400 tons apeece, as 
shalbe allotted to their division and these to beare the names of the 
Ports, and Counties laid to itt. 

That every such port, after the first 3 years, have one shippes 
lading of goods every year out of India Consigned unto itt, to be ther 
disposed of, either for the Counties use, or transportation, that soe 
that trade may be disperst into all parts of the Land, as well as in this 

The stocke for a state action to be thus raised oz. That, ther be 
borrowed, of the Cittie of London, and Westminster the somme of 


ten hundred thousand pounds, for 7 years, To be paid into stocke in 
3 years, that is 333 thousand 333 pounds, and a noble every yeare in 
this manner oz. 

H. 600 thousand p°. of the first twelve Companies. 

H. 200 thousand p°. of the twelve inferior Companies. 

H. 100 thousand p°. of Westminster, Innes of Court, Lawers, 
and gentlemen, oficers of state. Custom house, and 
excise men ; etts. 

H. 100 thousand p°. of gentlemen, tradesmen, seamen ; such as 
are no freemen butt live in Southwarke and subar- 
bes, within the lines of Comunication. 

H. 2,000 thousand p°. to be paid in 3 years ; whereof 270 
thousand p°. to be sent out the first yeare, as quicke stocke, in goods 
and Monies and stores upon 16 ships, and the two last years, 250 
thousand p° a yeare in goods and monies, with 16 ships a yeare for 
trade in India, soe may 10 of the first ships be expected home, att the 
end of two years, or 27 Months att most, and soe every yeare, 10 ships 
may goe out, and 10 com hoame; and 10 remayning in the Cuntry, 
with 5 ships more added to them for trading ships of 400 tons apeece, 
to be built of the 30 thousand p°. remayning : which will encrease the 
trading ships to 15 to staye there in the Cuntry, untill a greater nomber 
be added to them by increase of stocke ; soe as, the first 10 ships may 
well bring hoame, 9 or 10 hundred thousand pounds in goods (God 
sending all safe hoame) upon the first Adventure. And if itt shall please 
your Highnes, to joine the trade of Guynny to this of India, that will 
suplye this with a great parte of stocke in treasure and EUophants 
teeth ; soe May Many sorts of goods fitting Guinny, be provided in 
India ; and a ship or two of 3 or 400 tons May be sent directly out of 
India with goods for Guinny, wher having landed such goods for 
that place, may proceed with others, and slaves for the Barbados, 
and other plantations wher Callicoes, and divers sorts of stuffes 
made in India, are very proper for those hott Cuntries, which after 
some experience and use, may grow into request, and add increase 
of trade, within our selves, without need of any of our neighbours 
linen cloath ; which by heavy Impositions laid thereon, may in time 
beat out of use, and being Callicoes etts. Indian Comodities in use, 
as also in Virginia, and New england, etts. 

All which being humbly presented unto your Highnes most 
serious Consideration, as the richest Jewell of trade, in the whole 
world, with the soveraigntie of those seas, once reduced into your sole 
possession (wherunto this discourse doth only ayme) wiU render your 
Highnes name most renowned, and famous, in the foremost e parte 
of the world ; by vindicating the Nations lost honnor, and reputation, 
and recovering those soe rich trades, to this Commonwealth ; of long 
time obstructed and kept from us, by our fals freinds, wherby they 
thought to make themselves absolute Masters of those seas ; which 
they had effected, had nott your Honors greate wisdome, providence 
and power overawed them, and beaten them into better behaviour 
here at hoame, and Laid them under hattches ; In which Condition 
itt wilbe wisdom, according to the true interest of state, to keep them, 
above all the Nations in the world (as most able to doe mischeife) 



all whom they would have commanded by sea, had they bin Masters 
of your Highnes forces, and Consequentlye of our Narrow seas ; If 
there be anything either in the whole or in part, or else, wherin your 
Highnes shall desire farther satisfaction, I shall in all humble manner 
attend your Highnes pleasure, whensoever you shall please to Comand 
me, and apointe a meanes wherby I may have accesse unto your 
Highnes which I have endeavord for Many monthes togeather in all 
which I could obteine butt one admittance only, and that soe short, 
as gave nott leave to move these and other matters of high Concerne- 
ment as to those soe rich trades of India etts. In which reguard I 
have thought it fitt nott onlye to present the same unto your Highnes 
by this, and other severall Remonstrances ; butt also most humbly to 
offer my person, with my best endeavors, in the reall effecting of what 
I have propounded ; soe please your Highnes to Countenance my 
proceedings with the Agency, or Consullship of Surratt ; that I may 
have meanes, wherwith to maintaine your Highnes honor, and the 
Nations Esteeme in those parts : where I dare assure your Highnes 
no Englishman wilbe better wellcom ; nor was either before or since 
in greater favor with the Great Mogull, then my self ; as all the Nation 
that have bin in those partes, both can and will Justifie, if required 

Lastlie, I make bould to putt your Highnes in Minde of the Pearl 
fishing, which hath bin these two Monthes obstructed, and is like to 
be neglected for this year, by the sinister working of some enimies, 
with those that had begun to subscribe a stocke for trade, and dishart- 
ning others from subscribing, that had promised, in soe much as those 
that had subscribed fall of, by which meanes all is at a stand, and the 
time soe far spent as little hopes are left for a preparation thereunto ; 
unlesse itt shall please your Highnes to grant me the Agencie, or 
Consulship of Surratt, for 3 years ; or untill the trade be settled, by a 
state, or Nationall stocke, the best way, for Honor, Profitt, and safetie, 
in which time I doe not doubt, butt soe to worke with those people 
of Diu, or some others, as to gaine a safe and Commodious Harbor 
wherin to settle, without which itt wilbe dificult to gaine the 
soveraigntie of those seas, and benifitt of those soe rich trades, which 
neither the Company nor those that presse for an open trade desire 
should fall into your Highnes and states hands ; ayming more at their 
owne privat interest, then the generall good ; for which cause, and 
for that I have acquainted your Highnes with their miscaried actions, 
they are all become my enimies ; seeking by all meanes to possesse 
your Highnes that all my informations, as to those trades, and their 
Neglects, are not reall ; though nothing more of truth, which I shalbe 
able to Maintaine, at a fair hearing before your Highnes to whom I 
much desire to give full satisfaction, to every particular, which they 
shall not, cannott disprove. Lett not therefore (I humbly beseech 
you) my weake, though true relations finde in your Highnes lesse of 
credit, then the thing itt self meritts upon due examination ; because 
I am not in that flourishing Condition, as they are, that have long 
since sought my mine, for no other cause then seeking the generall 
good, in prevention of their sinister ends. My owne ayming at 
nothing more, then a little subsistence, as encoragment to my 
honest and faithfuU endeavors, if made instrumental! therin. 


Charles II 's restoration solved many of the most perplexing 
problems which had taxed the resources and exhausted the patience 
of the Directors. The position of the Company had to be defined 
anew, if it was to take its place by the side of the well-known 
institutions of England ; while clear and definite rules had to be 
laid down for the conduct of its servants towards the Indians and 
the Free Traders. The question of fortified places, the future 
policy of the Government as regards the export of bullion, the 
grant of a new Charter — these were some of the problems that 
awaited solution, and upon a patient and tactful handling 
of these questions depended ultimately the safety of the 
Company's servants in the East. 

I have already discussed the relation of the Company to 
Charles II in Chapter II of my work on " The East India Trade." 
The Anglo-Portuguese negotiations relating to Bombay supply, 
however, the best illustration of the salutary policy of the 
Government as they are the clearest indication of the essentially 
" commercial " considerations that dictated the foreign policy 
of Charles. 

The East India Company had mooted the project of the 
acquisition of Bombay in February, 1660, to the jPortuguese 
Ambassador, but had received a discouraging reply. {See supra.) 
The suggestion was, however, conveyed to the Portuguese King, 
and in the summer of the same year Francisco de Mello, the 
Portuguese Ambassador, proposed a match between Charles and 
Infanta Catharine, daughter of John IV, and sister of the reigning 
king, Alfonso VI, He offered the cession of Tangier and Bombay, 
commercial privileges and complete liberty of conscience for 
English merchants, and a dowry of two million crusados. Albe- 
marle and Sandwich seem to have strongly favoured the match ; 
Ormond and Clarendon approved of it ; Bristol alone opposed the 
project. The Treaty was signed on June 23, 1661, and the mar- 
riage followed on May 21, 1662. Charles became pledged to assist 
Portugal with 2,000 foot, 1,000 horse, and 10 ships of war until 
her independence was attained. English help was greatly needed 
at the time, for the pacification of Catalonia and the Peace of 
Pyrenees had enabled the Spanish King to send a large number 
of troops to reconquer Portugal. That there was a possibility of 
the Portuguese being reconquered by their hereditary enemies is 
clear from the events of 1662-3, when Don Juan overran Alam- 
tejo ; it is no less clear that it was the English auxiliaries under 
Schomberg and, later, the French contingents, that won Portugal 
her independence, on February 13th, 1668. 


Closer examination of the Treaty of 1661 shows clearly 
enough that it was a one-sided bargain, and its execution revealed 
at once the hollow foundations upon which that imposing fabric 
was reared. Tangier proved weak, barren, and expensive ; 
Catharine was dull, plain, and sickly ; the payment of the money 
specified in the Treaty was irregular, and Charles found it 
difficult to extract a satisfactory sum from the impecunious, 
elderly hidalgoes, "sitting up in bed, like poor Tasso's father, 
at five o'clock in the morning, darning a single pair of worsted 
stockings"; while the old Cromwellian soldiers, and the des- 
perate Irish Catholics who had been skilfully manoeuvred into 
Portugal, and fought at Amegial ( June 8, 1663,) and Montes 
Carlos (June 17, 1665,) added another element of anxiety. It 
was, however, the provision relating to Bombay that proved a 
source of constant trouble to Portugal and England. It involved 
the Company in endless negotiations, fruitless despatches, cease- 
less complaints, and constant worry. Many of the difficulties 
from which the Company suffered so severely would have 
been avoided, if the representatives of the East India Company 
had been requested to advise the Crown on the drafting of the 
Treaty. Their practical experience, mercantile shrewdness, and 
thorough knowledge of the coast would have been invaluable to 
the Government. There is reason to believe that they were con- 
sulted on the subject ; they probably knew that the fortifica- 
tion of the place would be attended by an expense which their 
depleted treasury could hardly bear; and they wisely refused to 
send out men and shipping to Bombay at their charge. The 
following extract from their Minutes* shows clearly enough the 
trend of their policy: "The Lord Chancellor having made an 
offer to the Company to consider whether it would be to their 
advantage to despatch men and shipping at their own charge 'to 
possesse, maintaine, and fortify Bone Bay,' or to undertake 
part of that charge jointly with the King, or leave it wholly to 
His Majesty, after serious consideration they came to the conclu- 
sion that it would be no advantage to them to act in the matter, 
and they desired the Governor with some of the Committee to 
wait upon His Lordship, thank him for his offer and for telling 
them about it, and inform him that the Company cannot see that 
any advantage would accrue to them, and therefore they humbly 
leave it to the King's good-will and pleasure." The only help 
afforded by them consisted in finding money necessary for mann- 
ing and victualling the four ships sent out by the King and in 
lading them back again. 

• Court Book, Vol. 24, p. 412. 


The King's difficulties had thus begun at the very outset 
of this enterprise, and his troul>les multiplied with the lapse of 
time. The main causes of this disastrous policy was the gross, 
nay, culpable ignorance of Clarendon. Article XI of the Treaty 
declared that the " King of Portugal, with the assent and advice 
of his Council gives, transfers, and by these presents grants and 
confirms unto the King of Great Britain, his heirs and successors for 
ever, the Port and Island of Bombay in the East Indies with all 
its rights, profits, territories and appurtenances whatsoever there- 
unto belonging, and together with all income and revenue, as 
also the direct and absolute Dominion and Sovereignty of the 
said Port and Island of Bombay, and premises, with aU their 
royalties, freely, fully, and absolutely." Of the geographical 
position of Bombay, Clarendon wrote: " And for ever annex to the 
Crown of England the island of Bombay, with the towns and 
castles therein, which are within a very little distance of Brazil."* 
Such a misty notion of the elementary facts of geography seems 
to imply crass stupidity on the part of Clarendon, and the British 
Government had itself to thank for the troubles in which it was 
subsequently involved. 

The Portuguese were not slow to take advantage of these 
uncertainties, and their Governor indulged in the congenial task 
of raising trivial technical objections, and delaying the cession 
of Bombay on various pretexts. It is amusing to read the 
tedious, frivolous, and wearisome correspondence between the 
Portuguese Governor and the EngUsh Resident, the EngUsh King 
and the Portuguese monarch. The negotiations are of great impor- 
tance to the student, for they reveal to us in a flash the essen- 
tiaUy economic character of the Governments of the period. 
The quarrels over commerce and plantation in the eighteenth 
century have diverted the mind of the student from the study of the 
last half of the seventeenth century. A deeper study of the institu- 
tions and constitutions of the States of this period reveals a mass 
of tendencies converging upon a central point that is remarkable. 
Commercial, industrial, and colonial considerations dictate here, 
as elsewhere, the policy of the State, and Charles' Government 
advocates the cause of the Company with a vigour, energy, 
persistence and decision that recall the direct, forcible methods 
of the Protectorate. The frequent "gratuities", " gratifications ", 
"loans" and " gifts " recorded in the Company's Minutes may, no 
doubt, have influenced the direction of the King's policy. But the 
principles underlying his colonial and commercial administration 
had been enunciated immediately on his return in 1660, and his 

♦ Clayton's Personal Memoirs, Vol. II, p. 189. 


attitude towards the Company was based ultimately on his 
perception of the absolute necessity of safeguarding the East 
India Trade by the Joint-Stock system. The following letter is, 
1 believe, the earliest account of the proceedings at Bombay. 
Charles' instructions were the subject of keen dispute between 
the two kings, and "as they were the subject of lengthy negotia- 
tions and tedious correspondence," they are printed along with 
the minutes of the Council {see below). 

Browne thought that " Bombay extended itself from the 
south point of the said Island to the Northward as far as the 
Bay of Bassein, and so in towards the main to meet again with the 
south point intirely one Island to containe the wintering harbour 
of Trombay." The English commanders must have been greatly 
perturbed by the appearance of the little hamlet without the 
" castles and towns " which Clarendon's fertile imagination had 
conjured up. 



« i^-^rrll' Island of Bombaim, &c. 

Vol. Vlll, 

Upon the Earle of Marlborough's arrivall at Bombaim, he did 
declare to the Vice Roy of Goa that his Commission led him to receive 
the Island for the use of his Majesty of England by his soldiers, before 
he could proceede to go to Goa, and so requested the Vice Roy's 
speedy answer thereto — the Vice Roy demanded whether the Earle 
had a special power from his Majesty of England to empower 
CoUonel Hungerford to receive the Island, and give a sufficient Dis- 
charge to which he answered that he had no such power, but that the 
Collonel was Sir Abraham Shipman's successor and therefore thought 
him a fit person to receive the Island and give a Discharge for it. So 
in 3 or 4 dayes the Vice Roy answered positively that he would not 
deliver the Island to any man whatever that had not his Majesty of 
England's speciall procuration to that purpose. Which we had not. 

In this Juncture of affaires arrives Sir Abraham Shipman, who 
we expected to have gott an effectuall Procuration from his Majesty. 
But when Sir Abraham came ashoare and delivered the Kings 
Majesties Letter to the Vice Roy, and though he received it with 
reverence, yet was not satisfied therewith, but demanded if he had 
nothing els to which Sir Abraham answered Nothing but his Patent. 
Then the Vice Roy made an objection that the Kings Majesties Letter 
had not the Kings hand to it, and that it was not a Procuration, but 
a private Letter from his Majesty to him and then shewed Sir 
Abraham the King of Portugal's instructions to him Not to deliver the 
said Island to any, except they brought the King of England's special 

And to the same purpose the Vice Roy wrot a Letter to his 
Majesty of England. 

No. 141. 


After this denyall Sir Abraham proceeded to Goa, and there Public ^^• 
it was the sence of the Governor and most of the Gentry that the ^^''^o 77' 
Island of Bombay Should be delivered to Sir Abraham and wrot vol. V 1 1 li 
to the Vice Roy but upon Sir Abraham's delivery thereof to the Vice No. 141. 
Roy, he received answer from his Excellency that he would not deliver 
it, the word Procuration being nominated in his Orders from his 
Majesty of Portugall. 

And whereas we supposed, by the Piatt the Pylott gave in, 
and the opinions of the antientest Commanders, that Bombay extended 
itself from the South point of the said Island to the Northward as farr 
as the Bay of Basseen, and so in towards the Main to meet again with 
the South point intirely one Island to conteine the Wintering harbour 
of Trombay, We find the sayd Compass to conteine three intire 
Islands, two of them to say Tanna which is the Northermost, and butts 
to the barr of Basseene and Salsett which is Southward of Tanna 
(on which is the Wintring harbour of Trombay) are places of good 
Consideration much better then the Island of Bombay which is next 
Southerly to Salsett and divided from it by a Navigable Channell. 
December 10th 1662. 
SwALLY Hole. 


lOth December 1662. 
Extract out of Capt. Brownes Journall when he Re- 
turned from Bombaim with the Earl of Marlbrough. 
Received from the East India Company at the 
Comittee 11th January 1676/7 from Mr. Hublon-. 
Entred B. 156. 

The following letters from the Portuguese Governor throw 
further light on the proceedings of the two parties. Castro, it 
must be noted, deliberately omits a reference to the terrible hard- 
ships which Marlborough and his men suffered. These were due 
mainly to his dilatory policy and disingenuous devices. It is 
not surprising that enforced inactivity, and fearful ravages of 
disease should have made some of the men desperate ; but we have 
no reason to believe that the Portuguese Governor was subjected 
to personal abuse. His statement that they used him " worse then 
if they were Hollanders, and with less sivilitye then if I were a 
blackey Moore," must be accepted cum grano salo. 

The Governor of Bombay's Letter to the Queen. Public R«- 

ICo-bve 1 ^'^^ Ofkcti. 

yi^opye.) ^ Q 77 


Because its certaine that Generall Malbrugh and the English folio 2 7 1, 
of his Company (to excuse themselves in the ill usage they did mee in No. 138. 
this voyage) will tell in Englande more then they ought, or what hath 
happen'd, I am necessitated to give your Majestic an account of thier 
excesses, and my owne suffrings, (for they could not use myselfe and 
the rest of the Portugueses worst) which they did with such scorne 
to our nation, that your Majestie is obliged to Causethatthe publikenese 
of thier punishment may serve for an example hereafter, and since 
your Majestie knows mee you may beleeve that I shall say nothing 


Public Re- in this paper, but what I will bee able to shew Authentiquely, and of 
C°"^ O^^T?' '^^^^^ y^^"" Majestic may bee informed by the persons of the Shipp 
V o 1. VIIl' wherein I came, for though they bee of another beleefe than ours yett 
folio 271,' they will speake truth, if they are not hinder'd by thier feare of 
No. 138. Malbrugh, who did not onely aprove of the robberys, and affronts of 
Captain Richard Meynars, but alsoe increased the cause of my 
Complajmt, useing mee worst then if they were Hollanders and with 
lesse sivilitye then if I were a blackey Moore like those they tye by 
the leggs in the Indies, I boare my life with feares not being onely 
treaten'd by the Common insolencye but alsoe by the power of Generall 
Malbrugh ; Captain Richard Meynors assureing mee that they would 
Cutt of my head for having made the protests, and requests, which 
was convenient to the service of the king my Master, and they denyed 
mee the Succour that the most Serene King of Englande obliged 
himselfe by the Capitulations of Peace to give us, which I have along 
with mee, for in the Islande of St. Laurence, the Blackeymoores, 
in that of Anjuame the Moores, and in Cochim, the Hollanders, were 
more friendely with Generall Malbrugh and the English Captains then 
* [sic] the Portugueses of said Islands ; I being sutt* in the Indie, and suround- 
ed, the saide Generall would give me no favour, or helpe at all ; This 
his unreasonablenese, and the not bringing with him, a procuration 
from the King of Englande, (like one that Came upon the buisnese 
of Persia, and not upon the Ingagements of Portugall,) was the reason 
wherefore the Islande of Bombaim had not been ddliver'd him ; I hope 
that your Majestie (as so good a Catholique and a Portuguesa) will 
bee pleased to see my protests and letters, which side Generall 
Malbrugh caryes with him, and I assure myself e that your Majestie 
will Judge I have Complyed with my obligation, and alsoe because 
I am now ready to delliver up sayd Islande (as the King my master 
Comands me) unto what person soever shews mee the most Serene 
King of England's Comission to recieve the same, and satisfye the 
Conditions of the agreement. 

The master of the Shipp Leopard who cary'd mee from Portugall 
to the Indie, is the onely man amongst all, that helped us, wherefore 
I ought to desire your Majestie in the name of the king my Master to 
honnor and favour him, and I shall receeve it, as a greate one, if in the 
first navy that setts out, your Majestie would make him a Captain 
of a Shipp, and that your Majestie would bee pleased to Comand 
ree (in these parts) in your Royal service, which I shall observe with 
that love, respect, and zeale, whereunto I am obliged, our Lord 
preserve your Majestie &c. 

Atto. de Mello de Castro. 
Bag AIM Decembre 3rd 1662. 
[ Endorsed.] 

The Governor of Bumbaim 
Antto. de Mello de Castro's 
letter to the Queene. 

Decembre 3rd, 62. 
Complayneing of the Earl of 
Marlburgh's hard usage of 
him, and of Capt. Mynor's 
for robbing him. 


The Late Governor of Bombaim's Letter to the King. Sid^^^o^T 

c. o. 77', 
( Copye translated out of Portugues.) Vol. VIII, 

275, folio 
SeNOR No. 140. 

I am necessitat'd to make my Complainte unto your Majestie 
upon the late proceedings of Captain Richard Meynor, and afterwards 
of Generall Malbrough's towards mee, which rays'd to soe greate an 
Excesse, that all respect was lost, and our lives indanger'd ; By two 
papers that both Carrye Signed by mee, your Majestie will see my 
Sufferings, and true meaneing, they (I trust) will tell your Majestie 
yett more then I say, and seeing I came imbarqu'd under your 
Majesties protection, and Royal worde, the wronge that was done 
mee runns upon your account, wherefore it is but Justice I should 
expect of Royal Greatnesse the Satisfaction thereof ; and seeing I 
did not delliver up the Islande of Bombain, for want of a procura- 
tion from your Majestie, and Likewayse because they would never 
succour mee (it beeing an obligation by the agreement) and the 
necessitye being soe great, I beleeved that your Majestie (as soe Just 
a Prince) would have layed the punishment upon the offender, and 
have thought I had done my obligation (beeing pleased to consider) 
how much a subject of honnor ought to Contribute to his Kings 

The Master of the Shippe Leopard, who Came in my Company, 
hath been the onely person that used us well, for which reason I finde 
myself e obliged to give your Majestie this account, as I will, to the king 
my Master desireing his Majestie to doe the said Captain honnor 
and favour, and I should recieve a greate one, if in the Fleetethat your 
Majestie sends next towards Bombaim, I might see him a Captain 
of a shippe. And though not concearning myself e for all the subjects 
your Majestie hath, yett it shall appeare how much Inclined I am 
unto your Majesties Service, having been one of your Majesties soldiers 
(when even your owne Subjects were in Rebbellion against you) in 
Company of Prince Robert, of whome your Majestie may Informe 
your selfe with how much love (at that time) I served your Majestie, 
which this day is much increas'd, with what I owe unto the most 
Serene Queene, our Infanta, in whose Companye our Lorde preserve 
your Majestie Many happye yeares. 

Anto. de Mello de Castro. 
From Bacaim the 3rd of 

Decembre 1662. 



A Copye of Ant°. de Mello de 

Castro late Governor of Bombaim's 

letter to the King. December 3rd 1662. 

Read Novembre 25, 1663. 

Co[m]plaineing of Capt. Maynors. 


The following letter from Charles II traces the progress of 
the King's disillusionment regarding Bombay. His castles, gold 
mines, and Golconda diamonds disappeared, and in their place 
remained only a poor, little hamlet, bleak, barren and unhealthy, 
adding not a little to the financial difficulties of the period. The 
difficulties, it must be noted, were confined hitherto to the 
possession of the island. The greater difficulty of deciding the 
geographical position of Bombay had not arisen yet. 


cord Office, 

c. o. 77, Vice Roy of Goa, to Surrender Bombaim. 

Vol. IX. 

!« li ° 26. Whitehall October 31st 1663. 

No. 17. 


Att My Lord Marleborough's returne his Majesty heard from 
his Lordshipp how unworthily the Vice king of Bombaim Dom Antonio 
de Mello de Castro had proceeded, denying the surrender of that Place 
and Island to his Majesty, according to the Article inserted in the 
Treaty with the King of Portugal!, and his supposed Instructions to 
that effect. And besides the affront done to himselfe therein, his 
Majesty did with much trouble of mind, reflect upon the sufferings 
you and the Troops under your command, would undergoe by this 
disappointment ; of which he hath caused those Complaints to be 
made in the Court of Portugall, which such a proceeding deserves. In 
which he is promised all due satisfaction, the first earnest of which 
is the sending New Letters to the Vice king, commanding him 
immediately to surrender the Place into the hands of those the ICing 
Our Master shall appoint to receive it. Which Letters together with 
a Copy of them, goe here inclosed, in Portugais and English if you 
should chance not to understand that language. WTiich said Originall 
Letters, it is his Majestys Pleasure, that you cause to be delivered to 
the said Vice king, demanding the execution of the Contents of it, 
according to which you are to take possession of what they will deliver 
into your hands, directing yourselfe therein by those Instructions My 
Lord of Marleborough hath already, or may with this send to you, in 
case his Indisposition in the Country will permitt him to write by 
this occasion. And if in the Surrender any thing be deteyned from 
you that you thinke the Article in the Treaty (of which you will also 
herewith receive an Authenticke Copy) entitles his Majesty to, you 
are to take what is given, and protest against the detention of the 

This is sent to you by the way of Aleppo at randome, suspecting 
much the certainty of its arrivall ; the other (for there are two 
Letters of the same kind sent from the Court of Portugall) shall be sent 
you by Sea, with more particular directions and succours for your- 
selfe and your men, as soone as his Majesty can dispatch a Shipp into 
those parts. In the meane time. Sir George Oxenden hath it very 
particularly recommended to him by the East Indy Company to 
supply you to the utmost of their power, with all things you or your 


men shall stand in need of ; which is promised with the conveyance of Public Re- 

these letters to you. cofd Office, 

•^ C, O. 77, 

[Endorsed.] Vol. IX. 

Whitehall, 31s/ October 1663. No. 17. 

To Sir Abraham Shipman, by the 
way of Aleppo with Order to the 
Vice Roy of Goa to surrender 
Bombair [sic] 

The Duplicat with succours, 
to be sent by sea. 

The following letter from Sir Abraham Shipman shows the 
fearful havoc wrought by disease, disappointment and delay, and 
Shipman informs Marlborough that, " of the 400 and odd men 
that were brought out of the Downes of officers and soldiers, we 
have not left above 140 "; at times, indeed, "they had not twenty 
men to stand to their armes to doe their dewtie." The condition 
of the miserable expedition was pitiable in the extreme, and 
Shipman himself fell a victim to disease. 

♦Angediva. Letter from Sir Abraham Shipman to Marlborough, Public Re- 


C. O. 77, 

My Very Good Lorde Vol. ix, 

Folio 33, 
I understand by Captain Nicholas Millett that your Lordship no. 21. 
gott salfe to the Island of Santa Ellena which I was extreame Glad 
of soe that I hope his Majestic is thoroughly Informed of our Conditiones 
here* yet my lord sence your departuere wee have binn in much worse 
Condition then you lefte Us, haveing had a Verry Create Mortalety 
Amoungeste Us, for of 400 and ode men that wee brought out of the 
Downes of officers and souldiers wee have not left Above 140 besides 
at one time wee had not twenty sound men to stand to their armes 
to doe there dewtie and daiely being threatned by theKinge of Decann 
that hee would expell Us hence, if it bee our Elle fourtunes to stay 
Another Winter I doe not know what will beecome of Us Unless it 
please God to Give helth to our peopell for if any more dies wee shall 
be in a Verry sad Condition. I doubt not but your Lordship hath 
donn your utmoste to pres them to it. 

My Lord this is the seconde sicknes I have had sence I came 
uppon this Island and am now soe fainte that am not Abell to Right 
more God sendinge me helth I shall more in large by the shipes and 
there fore Crave your Lordeshipes pardon who is my Lorde your most 
humble sarvant at Command 

Abraham Shipman, 
Angediva the I8th November 1663. 

[ Endorsed. ] 

♦Angediva November ]Sth 1663. [sic]* 

Sir Abraham Shipman to My Lord of Marleborough 
Giving Account of the Men with him. 


The following letters from Henry Gary will be found 
interesting. They are written in the peculiar nonsensical vein 
characteristic of that eccentric individual, and supply a vivid 
account of Shivaji's raid. Gary asserts that " he made a greate 
destruction of Houses by fir uppwards of 3,000, and carryed a vast 
treasure away with him, it is credibly reported neere unto tenn 
millions of rupees." Dr. Fryer describes Gary as a " Person 
of a Mercurial Brain, a better merchant than a soldier."* 
He seems to have been proficient in the principal Euro- 
pean languages, and is said to have " written a Piece in 
Arabick, which he dedicates to the Viceroy of Goa." After many 
vicissitudes, he fell into the responsible position of Governor of 
Bombay, but his " unadvised vaine glorious boastings ", as 
Sir George Oxenden put it, disgusted every one and he handed 
over his charge to a more capable man. Yule, Strachey, Foster 
and others have thrown further light on the mysterious activi- 
ties of this inexplicable phenomenon. These letters are his 
couched in the familiar style and reveal several lineaments in 
the character of this condottien which created more friends than 

^^^^, ^^ Right Honoble 

cord C>fl5ce, 

C. O. 77, The preceding is transcript of my last furdered to your Lord- 
V o 1. I X, shipps reception by way of Persia and Aleppo ; recommended to 
No 24 ^^ ConsuU Lanog for its mission thince for Christendom, which I hope 
letter. ' l^ee will doe carefully, as I understand hee did my formers, which 
came safe to his hands though many letters and pacquets that 
accompanyed them from Bussora miscaried, by the messengers being 
robbed by the wild Arabs in the desarts. My Lord, I send not now 
the Co pie of Sir Abrahams letter mentioned in my said transcript, 
because I am confident hee himself e hath advized his Majesty to 
what a small number his soldiers are reduced; a mortality (as I 
was lately emformed ) continuing styll among them. God deliver them 
from that insalubrious clime, or rather make them more temperat, for 
I am perswaided that the major part dyes of surfeits (were due to 
their intemperance ?) every one heere longingly expects your 
Lordshipps retourne and the Brahmens are so comfident of it, that 
many Banians have laid wagers, that your arrivall heere will bee 
before this month bee quite out ; lett me bee bloted quite 
^ out of your Lordshipps remembrance if I should not heartyly 

^^*'^^ rejoyce to see that happy howre, and much much* more, to 
see Ant°. de Mello de Castro sent home laden with machos though 
they should be of prata ; his guiltie contience makes him tremble at 
every Englishman that arrives at Goa. I shall not ommit to acquaint 
your Lordshipp what lately happened to this place ; Savagee the grand 
rebell to the King of Decan came heere the 6th of this instant with a 
considerable Army Horse and foote entring the Towne before the 
Governor scarce had any notice of his aproache, hee made a greate 

• Travels, II. p. 30. 


destruction of Houses by fire uppwards of 3000, and caryed a vast Public Re- 
treasure away with him. It is credibly reported neere unto tenn*^"^ Office, 
millions of rupees. Hee sumoned us to compound with him for our y i ^* t 5c' 
lives (as hee did the Dutch) but Sir George retourned the messenger, fo°iio 38a 
with an answere that, hee scorned him and that if hee sent him any No. 24. 
more messengers, they should never retourne againe ; Boath the 
Companys house and my owne (which adjoynes unto it) were well 
furnished with mariners, well armed, who divers times salied out 
uppon his people that came to sett fire to our neighbours houses and 
killed divers of them, by which meanes, our owne houses were not 
only preserved from the fiends furie, butt likewise all the part of the 
Towne round about us ; which hath gott us much Honour divers of 
the greate ones having advized the King Oranzeeb thereof, as on 
the contrary they have complained of the Governor, who so soone 
as hee had brought him the news of this rebells aproach, shamfully 
runn and hyd himselfe in the Castle ; the Dutch never salied out 
though kept theyr house stoutly ; This villaine had the plundoring of 
this place for fower whole days, from Wednesday morning untyll 
Saturday at fower in the afternoone, in which Intrime hee committed 
many cruleties, by cutting off of mens hands that could not give 
him so much mony as hee demaunded, six and twenty did one of 
our Principall Factors (that was then his Prisoner, butt escaped 
miracolously Mr. Anthony Smith) see cutt off in a morning besides 
many heads : 

From Achine wee have Intelligence that the Hollanders are 
not only gone away from that place by stealth, but like wise from all 
the ports and places where they had factories in that Queenes 
Dominions, whince it is infered they intend to make a new warr 
with hir and if possibly make a conquest of hir golden mountaines 
whince is colected as good gold, as is the Chequine ; I cannot record 
ought else in mind worthy your Lordshipps notice and therefore shall 
close theis with the wounted subscription of 

My Lord 

Your Honours 

most humble servant 
SuRAT the 25th January 1663/4. H. Gary. 

[ Postscript.] 

My Lord 

The inclosed is Copy of Sir Abrahams letter to the vice King, 
which was sent me by the latter to translate in regard hee could finde 
noe body else to doe it for him, the English Jesuit being then 
absent ; in reducing it into Portugueze I tooke the freedom uppon 
me to make it as much in the nature of a Protest as I could and now I 
thought it very requisit to remitt it unto you for your Lordshipps 

(Sd.) H. G. 

My Lord 

Please your Honour to take furder notice that I have likewise 
beine advised from the Southward that Coxen the Chinches who tooke 
Ilha Formoza from the Hollanders is gone against theyr Molluco 


Public Re- Islands with 400 saile of Vessailes and the Dutch with 35 ffrigats are 
TOixj Q^^^' gone to see yf they cann regaine theyr Beutifull Island. 

Vol. 'ix; (Sd.) H. G. 

f o 1 i o 38a 

No. 24. [Endorsed.] 

Surat, 25 January, 63. 

Mr. Gary. 


For the Right Honoble, James 

Earle of Marlebourgh. 

Public Re- 

c!'^ o. 77.' Right Honoble 

Have allready in due obedience to your Lordshipps Commaunds 

Vol. I X 

No. 25? ^ ° written unto you two severall times by way of Aleppo, which have 
bein all the opportunities, that happned for conveyance of letters for 
Europe since your departure; At the foote of my first letter I advized 
your Lordshipp of the report which then was in Goa, that the Vize 
rey and Councill had concluded the delivery of Bombaim unto Sir 
Abraham Shipman, and that it was comfirmed unto me by Father 
John Gregory the English Jesuit. But my second contradicted it ; 
though it was certenly concluded on and voted by three severall 
Councills whiles my aboad In Goa that Bombaim should bee delivered 
unto Sir Abraham Shipman for his Majestys use, the Vize rey telling 
me so himselfe ; and also that hee would suddenly despeede a person 
towards Sir Abraham with the Order. But my Lord, he never performed 
that promisse ; Hee minding nothing more than to robb the poore 
people over whom hee is sett to governe ; But I hope hee will bee made 
sensible ere long of the greate abuse hee hath done to our King and 

No longer since than yesterday, I received a letter from Sir 
Abraham, whose Coppie (conceiving your Lordshipp very anxious 
to knowe of him and the rest of his Majestys subjects) I have heere 
inclosed sent you by this conveyance. I shall use the utmost of my 
endeavors to serve him, in all hee desires. Butt to levy any soldiers heere 
to recrute him, is all togeather impossible, as your Lordshipp well 
knowes, in other matters I shall readyly serve him, which shall bee 
to manifest howe much I am 

My Lord, 

Your Lordshipps 

most humble servant 

H. Gary. 

Surat the 23rd November 1663. 
My Lord 

I had all most forgott to acquaint you that his Majestys Pynk 
went to Bantam in Aprill last by Sir Abrahams order ; but as 
yett, heere is noe news of hir. 

(Sd.) H. G. 


[Addressed.] Public Re- 

T- cord Ofi&oe. 

lliese C. O. 77, 

For the Right Honoble James Vol. ix,' 

Earle of Marlebourgh folio 4 , 

In London. No. 25. 

Per via Aleppo. 
Recommendata al Consul 
deUa natione Inglese. 


23rd November 1663. 
Mr. Gary's letter to the Earl 
of Marlborough touching 
the delay of the delivery of 
Bombaim by the Portuguese. 

The following petition of the inhabitants of Bombay recites 
the wrongs of the various communities, and prays for the aboUtion 
of Foreiros Mayores, or Chief Farmers, whom they denounce as 
" powerfull, arrogant, and exorbitant violators, Ecclesiastiques 
as well as Civil." It is the earUest expression of the general senti- 
ments of Bombay citizens, and throws considerable light on the 
administration of Bombay by the Portuguese. It need hardly 
be pointed out that the picture is not a faithful reproduction of 
reality, and the strong denunciation of the Portuguese, rule should 
not prevent us from doing homage to the sterling woith of the 
early Portuguese. The generation that succeeded them was, 
however, distinctly inferior in moral no less than intellectual 
qualities, and the following petition brings out some of the un- 
lovely features of the administration of their Asiatic dependen- 
cies in the latter half of the seventeenth century. Mr. Henry 
Gary had a good deal to do with this outburst of intense loyalty 
among 123 Christians, 84 " Gentuies " and 18 " Moors ". 

The Humble Petition and Manifesto which the Public Re- 
Inhabitants in General of the Island of Bombaim make ^^^ o^^77' 
to his Sacred Majesty Charles the Second, by the Grace vol. I X ' 
of God, King of Great Brittaine, France and Ireland ; f o 1 i o 64,' 
Defendor of the Faith, etca. No. 38. 

Most High, most Excellent, and most puissant King, our 
Lord and Prince. 

The Inhabitants as well Catholiques as Mahometans and 
Gentiles Incorporated together, doe manifest unto your Majesty like 
Loyall Subjects ; That, whereas this Island being formerly belonging 
to the Crowne of Portugall, there were in each Division thereof Foreiros 
Mayores, or Cheife Farmers ; men powerfull, arrogant, and Exorbitant 
violators, Ecclesiastiques as well as CivO ; whose manner of Govern- 
ment was absolute, bringing the inferior sort of us so much under, and 


Public Re- made so small accompt of them, as comparatively wee may say the 
cord Of&ce, Elephant doeth of the Ant ; murdering whome they pleased arbitrarily, 
V 1 ^* T^' ^^ their will had been a sufficient reason, to satisfie their ov ne cruel 
folio 64 ^^^^ against all Right whatsoever ; they likewise robbed withour the 
No. 38. least consideration or feare of the Deity ; not suffering the Kings 
Ministers to take any cognisance of the outrages they daily 
committed upon us ; presumeing much upon their owne Greatnesse 
(being Fidalgos) and Riches, they had sucked from the vein's of the 
People, laying what impositions they of their meere wills pleased; 
which the Magistrates consented unto by the mediation of Bribes, 
which caused them in lieu of hearkning to our Complaints ; rather to 
prejudice us by favouring, and conforming themselves to the practices 
of the Exorbitants. None could with liberty exercise their Religion, 
but the Roman Catholicfue ; which is wonderf ull confining with rigorous 
precepts. They tooke Orphan Children from whomsoever they 
pleased ; and per force made them Christians ; stopping the eare to the 
cryes of the mothers ; and kinreds just Complaints of their discontents ; 
Besides infinite other Tyrannies which are so many that tis impossi- 
ble to sett them all downe in writeing, in so much that this Island 
was brought to so bad an Estate, so much consumed, so much 
desolated, and so very misserable ; that it moved pity to behold it. 

Haveing thus suffered for many yeares ; it pleased God of his 
infinite Mercy to send us the Government of your Sacred Majesty (as 
a souveraigne medecine for our (otherise incureable) malady which 
through the malice of the said Exorbitants (who had bribed the Viz 
Rey Antonio de Mello de Castro) was delayed for a long time, we most 
anxiously wishing for; and impatiently expecting the good houreof the 
alteration ; which not long since wee were blessed with. From the 
begining of which to this present, especially under the Government 
of Henry Gary Esq., wee have found very great tranquillity ; every 
one enjoyeing his owne, with a great deale of liberty ; and in General! 
the free exersisc of their Religion; experimenting universal justice, 
both small and Great, Rich, and Poore ; And that which wee have most 
reason to celebrate this present Governour for, is, the expedient 
administration of justice ; his continual assisting us N\ith dispatches, 
the bievity which he uses in concluding our pleas, and his patience in 
heareing even the least of them ; his kindnesse in voiding our expences; 
so just, disinteressed, pious and pacifique ; that wee beseech Goc to 
affoord us still the like Government ; And, because we have notice 
given us by what the said exorbitants publish, that they with great 
summes of money; and by intercession of the King of Portugall 
endeavour to reduce this Island to his Obedience (as formerly) and 
Confident hereupon, they thunder out their menaces ; that they will 
have satisfaction for the obedience that wee have to this houre duly 
paid to your Majesty ; Hereof wee doe not in the least doubt ; but that 
they would Tyrannise over us, and shew us Hell in this World, from 
which Good Lord etca. 

Wherefore, wee humbly beseech your Majesty for the love of 
God and for the wounds of Jesus Christ, to take pity and compassion 
of us by not consenting to alienate us from your Government, and the 
Obedience thereof upon any Consideration or agreement whatsoever ; 


neither to permitt any more Foreiros Mayores in this Island ; because ^"¥**^q^®' 
every one was a justiciary in his owne house ; Sithence with the protec- q q 77' 
tion of your Sacred Majestys Name, and the Great faith all people vol. I x' 
had therein ; many came to inhabitt in this Island from other parts, folio 64, 
and live subject to its Government ; employing their Stocks in build- ^°- ^^• 
ing of Houses ; and buying of possessions for their livelyhood ; which 
would bee unjust now to bee consumed with the old hatred. For 
if wee had not experimented the clemency of your Majestys Govern- 
ment, wee should not have had so many quarrills and disputes with 
the Exorbitants, nor yet have laid out our moneys ; But the hopes 
affoorded us of your Majestys Paternal care, greatest reputation and 
piety, give us to believe ; that we shall receive your acceptance of 
this our Petition and Manifesto, and that your Majesty wiU graunt 
our desires herein, upon confidence hereof wee shall enjoy rest and 
quietnesse, by your Majestys mercy and Clemency. 

The Originall of this Petition in Portuguez, which 
remains here in this Garrison of Bombaim upon Record, 
is signed by 225 of the principalest Inhabitants of this 
Island, vizt. 

123 : Christians 
84 : Gentuies 
18 : Moores 

225 persons in all. , 

To His Sacred Majesty of great Britain. 
The Humble Petition of the 
Povo* of the Island of 
Its Copie in English. 

* [Note. — A duplicate copy of the above is endorsed :] 

" The Humble Petition of the Inhabitants of 
the Island of Bombain. 
To his Sacred Majesty, 
Translated out of Portuguez." 

[In pencil.] " Early part of Chas. II." 

The following letters give us a glimpse into the tortuous 
course of the negotiations conducted by the Portuguese Viceroy 
with regard to Bombay. His pohcy is best summed up in the 
following extract from his letter dated December 28, 1662. " As 
a remedy for all the aforesaid there is only one thing, and 
that is for Your Majesty to buy this island from the King of 
England." He had originally suggested 200,000 to 300,000 
crusados as a reasonable price ; he is now willing to pay double 
that amount. At the same time that he penned this Despatch, 
he expressed to the English Commander his readiness to deUver 



Bombay provided all the formalities were duly observed. It is 
difficult to resist the conclusion that the defects in the Letters 
Patent were regarded as a convenient excuse for delaying the 
transfer, and this impression is changed to certainty by the 
perusal of his letter, quoted above. He saw " in the island of 
Bombay, so many Christian souls which some day will be forced 
to change their religion by the English," and he feared that the 
occupation of Bombay will ultimately result in the Portuguese 
losing " all to the north, as they will take away all your Majesty's 
trade." It is not surprising, then, to find him wrangHng over 
the delivery of the island, and spinning out time, in the hope, I 
suppose, of receiving an order from the Portuguese King, reversing 
his decision. But these hopes were not likely to be realised, for the 
English Government had already made a representation to the 
Portuguese Government on the subject. Full account of the early 
stages of this controversy will be found in The Report of the His- 
torical MSS. Commission on the Heathcote MSS. Here it is only 
necessary to bring out the leading stages of this quarrel. Sir Henry 
Bennett wrote the following Despatch to the Enghsh Ambassador 
in Portugal (May 14, 1663). " The dishonour and disappointment 
of such a thing, and the expense His Majesty hath been at to send 
for it, hath left him in the last resentments against this usage 
that can be imagined, and I am bid to tell Your Lordship that 
less than the Viceroy's head, and satisfaction for all the damages 
and expense His Majesty is exposed to by this disappointment, 
will not suffice to pay His Majesty for this affront ; it being 
expected that what be done of this kind, and the possessing us of 
the aforesaid island — which, by the way, is found to be far inferior 
to what it was represented — come from Portugal itself, without 
the concurrence of any demands or diligences on our side." 
Two days later Lord Clarendon himself wrote to Fanshaw, 
the English Ambassador, stating that " if some sudden satisfaction 
be not given there will soon be an end of our alliance with 
Portugal." These were strong words, but they were not stronger 
than those employed by Shipman and others at the time. The 
Portuguese alliance seems, in fact, to have been thoroughly 
unpopular, and there was a concensus of opinion that the English 
Government had been tricked. Mr. Pepys opined that the " Por- 
tugese have choused us in the island of Bombay in the East Indys," 
and Mr. Pepys merely voiced the general feeling on the subject. 
Fanshaw's representation to the Portuguese Government seems to 
have had some effect, for the latter assured him that fresh instruc- 
tions for the surrender of Bombay were being despatched. 
Fanshaw had added a suggestion that Bassein should be ceded in 


addition to Bombay. This demand seems to have surprised the 
Portuguese Court, and they failed to understand the reason for 
the addition of Bassein to their original demand. On July 25, 
the Portuguese Ambassador was informed that Charles insisted 
upon (1) the punishment of the Viceroy, (2) reparation for the 
expenses incurred, and (3) the cession of the whole of the terri- 
tory " exhibited formerly to His Majesty in the map, containing 
not only Bombain, but Salzede (Salsette) and Taan (Thana)." 

The King of Portugal, finally, sent an order to the Viceroy, 
on the 10th of August, 1663, and the energetic action of Charles 
proved eminently successful. The Portuguese King, however, 
never ceased to regret the loss of that jewel, and two years later 
we find him recurring to the proposal of the Viceroy, embodied in 
his Despatch of 28th December, 1662 {see above), ordering him to 
collect a large amount for the purchase of Bombay from Charles. 
The latter, it is clear, was prepared to restore it to the Portu- 
guese, provided a substantial amount was paid. This, however, 
was impossible at the time, and Bombay remained in the hands 
of the English Government. 

In pursuance of this treaty, the King of Portugal had already 
issued, on the 9th of April, 1662, the following orders to Antonio 
de Mello de Castro, two days before the issue of the alvara of 
his nomination as Governor of India, which ran thus : — 

" I, King, send you greeting. By the article of the contract 
which has been agreed on with the King of England, my good 
brother and cousin, concerning the dowry portion of the Queen, 
his wife, my most beloved and esteemed sister, which you will 
receive with this letter, you will understand why and how the port 
and country of Bombay relates to him, and the obligation I am 
under for directing the same to be delivered to him. Immediately 
as you arrive at the states of India you will ask for the credentials 
from the King by which you will know the person to whom the 
possession should be given and the delivery made. You will accordingly 
cause the same to be made in the manner and form of that capitulation 
observing the same yourself and causing the whole and every 
part thereof to be duly observed, and direct that the whole may be 
committed to writing very clearly and distinctly so as at all time to 
appear the wole that may pass in this affair. You will further send 
the same to me by different conveyances in order to settle and adjust 
the acquittance of the dowry promised to the King, and by the other 
articles of that treaty it will be present to you, the union we celebrated, 
and the obligation the King has to afford me succour in all my 
urgencies and necessity I may have. In any necessity you may find it 
convenient to apply to the English you will do so, at the same time 
you will assist them in the same way. King. Written at Lisbon the 
9th April 1662." 


In justification of his refusal to obey His Majesty's com- 
mands, he wrote to the King on the 28th of December, 1662, 
the following letter : — 

" Sir, — It is a more on account of the duty of the post than 
from any need with the English, who will themselves make them 
known. For there were many who reproved the excesses of Captain 
Richard Minors in whose company I came to this State. And General 
Marlborough continued them with greater harshness even in the Port 
of Bombay. 

" From the report sent with this letter your Majesty will be able 
to learn that not a day was passed without molestation, and I was 
sometimes warned that they wanted to kill all the Portuguese. Their 
senseless provocations might have well led us to use arms in revenge ; 
but I contented myself with keeping them ready for defence. With 
more attention to your Majesty's service than to my life, I bore the 
risk and slights, expecting to send to your Majesty my complaints. I 
hope the world will see that my patience has not injured my reputation, 
but on the contrary has increased it for being in the service of your 
Majesty, who knows to greatly appreciate it, as all my sufferings tend 
to your Majesty's service. 

" It did not appear convenient to hand over the Island of Bombay, 
as the British refused me assistance every time I asked for it, and 
Marlborough went so far as to undeceive me not only by words, 
stating that the capitulations were formal {modo geral) and involved 
no obligation, but also, by actions, handing over wickedly to the Moors 
of Anjaianne 42 of your Majesty's vassals, among whom there were 
27 Christians, whom I had with me in the vessel. They did this 
in so barbarous a manner and such indecency, that they took from 
my arms a little child which I had sheltered with the mother in my 
cabin, because three days before I have stood its god-father at the 

" The reason for not surrendering the island was the same order 
which I had received from your Majesty, and which I must obey ; and 
as neither I nor the councillors understand it, it is necessary to report 
the very words written by your Majesty on this matter, reminding 
that in case of doubt it was my duty to seek the sense most convenient 
for your service. The letter says : — " As soon as you arrive at the 
State of India you shall demand the King's warrant, and thereby you 
win know the person to whom the possession should be given and the 
delivery made." 

" Abraham Shipman gave me, instead of the warrant, which 
I asked for, a sealed letter written in Latin, and Letters Patent in 
English. The letter had defects, as mentioned in the statement I 
ordered to be written, and the Letters Patent had not the signature 
of the King of England. I doubted the validity of the one and the 
other, as all the Letters Patent I have ever seen had the Royal 
Signature ; and there could be no more reason for the omission in this 
case than in my letter which was signed. Is it the practice in England^ 
for the King to sign or not ? If it is, how is it that the Letters Patent! 
were not signed ; if it is not, how was then the letter signed ? Besides* 


I thought that there was a difference between the warrant and the 
missive letter. The letter is for one to whom it is addressed, the warrant 
is for the public. If Royal Persons do not write warrants as we do, 
they write instead Letters Patent, which are public and not private 
or missive letters. If I doubted, Sire, the letter which they call a 
warrant, how could I hand them over the place, as the conditions under 
which your Majesty's instructions were given were wanting ? 

" The same letter from your Majesty to me says that you will 
know the person to whom the possession should be given and the 
delivery made. You will accordingly cause the same to be made in 
the manner and form of that capitulation observing the same yourself 
and causing the whole and every part thereof to be duly observed. 

" The secret chapter which your Majesty sent me says, that 
the King of England agrees to arrange peace between your Majesty 
and the Dutch on honourable, advantageous, and safe terms for your 
Majesty, and, in the event of the Dutch not agreeing to the terms, he 
will send such a fleet as will defend and protect the Portuguese posses- 
sions in India, and that his fleet shall be sent at the same time as the 
instructions for the handing over of Bombay are given. 

" If your Majesty orders me to hand over Bombay, in accordance 
with the terms of the capitulations, it follows that I cannot hand it 
over in another form. The terms of the capitulations require that the 
King of England shall first arrange the treaty of peace ; that the Dutch 
should first either agree to the terms or not and continue the war, and 
that a sufficient fleet sent to help us in the latter case. Allow me, your 
Majesty, to copy here the same words from the Latin, which are more 
powerful than in Portuguese. Qui, si hujusmodi conditio nes concedere 
recusaverint, tunc dictus Magna JBritanicB Rex, cum classem suam 
ad capiendam possessionem partus, et Insulae Bomhaym miserit, tales 
ac tanias copias simul mittet, instructas tarn viribus, quam mandatis, ut 
possint defendere, ac potegere omnes Lusitanorum possessiones in Indiis 
Oriantatibus. So that the King of England, cannot take possession of 
Bombay, untill after the treaty of peace is made or refused and {tunc) 
then, which is the word exclusive of any other time, if peace is not 
made he shall take possession, and at the same time send the said 
fleet with the power and orders to defend us. If your Majesty orders 
me to surrender in the mode and form of these capitulations, and in 
no other manner, as said above, when the treaty of peace is neither 
accepted nor refused, and no fleet has arrived, except three ships, 
without neither force nor orders to help us, how can I account to 
your Majesty for delivering the island of Bombay ? 

" Moreover, I see the best port your Majesty possesses in India 
with which that of Lisbon is not to be compared, treated as of little 
value by the Portuguese themselves, I see in the island of Bombay 
so many Christian souls which some day will be forced to change their 
religion by the English. How will they allow Catholics to reside in 
their territories when they hand our Catholics in the island of 
Anjuame to the Moors ? I considered also that your Majesty has no 
other place to receive and shelter your Majesty's ships and the gallions 
of your fleet when that bar is closed. The English once there, and the 
island fortified, your Majesty will lose all to the north, as they will take 


away all your Majesty's trade. They bring the same articles as we do, 
and of better quality ; they will compel all vessels to be put into 
that harbour and lay duties as we did formerly, we shall have to receive 
from them what England sought from us ; even the provisions of our 
land which supply all our fortress, we shall have to buy from them 
because giving one or two xerafins more for each mura of rice they 
will gather all and sell afterwards for its weight in gold. Do not 
believe, your Majesty, that it will be possible to prevent it, for no 
dilligence will be enough, and that was the manner in which the Moghals 
have destroyed those lands, through which cause many persons have 
died from famine. It is yet possible to prevent them from taking 
away the provisions, for which I have left in those parts necessary 
instruction. But it is impossible in Bombay, because it is separated 
trom Salsette by only a cannon shot, and it would have to spend more 
in keeping watch than it would yeild in revenue. Lastly the criminals 
will find a shelter, and if with the neighbourhood of the Moors they 
commit so many crimes, how daring will they be with that security ? 

" That English are at peace with us now, but what would it 
be in case of war ? How can those islands which are the graneries 
of India, once wedged in between the British and the Mogores (Moghuls) 
be defended ? Who can prevent the natives from passing over ; what 
drugs and merchandise will traders go to Goa in search of ? 

" I have shown how I have obeyed your Majesty's orders by 
preserving the reputation of your Majesty's arms, and prevented the 
total loss and destruction of your Majesty's teritarries by not handing 
over Bombay. 

" Now let your Majesty command the consideration of this 
subject, remembering that seeing is different from hearing; and as 
you are my King and Lord, I do my duty in giving this information, 
that your Majesty may order what is convenient. If it is not liked, I 
shall be sorry, but it suffices that no blame be attached to me at 
any time. 

" As a remedy for all the aforesaid there is only one thing, and 
that is for your Majesty to buy this island from the King of England. In 
another letter to your Majesty I say that your Majesty can give from 
200 to 300,000 crusados (£25,000 to £37,500) in three years, now I say 
your Majesty can give 500,000, 600,000. May I undertake to say that 
all in this state, who would be pleased to be free from such a yoke, 
would assist in carrying out the arrangement ? This purchase will 
further help to make peace firmer with the English, because such a 
neighbourhood will occasion every day discontent and strife ending 
in war. It is necessary to be careful and cautious in this affair, in 
order that English may know that your Majesty's only motive is 
the resistance from this State and your desire to remove the discontent 
from your vassals, because if they understand otherwise everything 
else will be of little moment to them. 

" Forgive your Majesty the fault that may be found in this letter, 
because the zeal and love with which I writ well deserve it. God 
preserve the most high and powerful person of your Majesty, as your 
vassals have need. Goa 28th December, 1662." 

Antonio de Mello de Castro. 


The King of Portugal had sent to the Viceroy, on the i6th 
of August, 1663, the following order : — 

" I, King, send you greeting. By the way of England, intelli- 
gence reached me that in the State of India doubts arose with respect 
to the delivery of the town of Bombay to the order of the King of Great 
Britain, my good brother and cousin, in conformity of mine which 
you carried with you. At this I was greatly surprised and am very 
sorry, because, besides the reasons of convenience of this Crown, and 
more especially of the State of India, which made it necessary for me 
to take that resolution, I wish much to give the King of England, my 
brother, every satisfaction. For these and other considerations of the 
same identity, as well as because the King, my brother, must have 
sent fresh orders, removing every doubt there might have originated 
from those he sent first, I therefore direct and order that you do, 
in compliance with those orders of mine which you carried with you, 
cause to execute the said delivery with every punctually and without 
the least consideration, as the matter does not admit of any, and the 
delay is very prejudicial. By complying therewith, as I expect from 
you, I will consider myself well served by you. If you meet with 
any impediment from any person, you will order to proceed against 
him publicly as the case may require. Written at Lisbon, the I6th 
of August 1663. King. The Count of Castello Melhor." 

The next letter of the King is dated February 8, 1664, and 
is as follows : — 

" By your letter which has been brought to us overland by Manuel 
Godinho, a Religious of the Company of Jesus, I saw with great pain 
the difficulties which have been arisen with regard to the delivery of 
Bombay to the King of Britain, my brother and cousin, according to 
the capitulations, and the orders I gave you when you left. Whatever 
is stipulated in the capitulations and reasons for giving contentment 
to the King, my brother, admits of no doubt ; and I trust that with 
your prudence you have now arranged matters so far that you will 
carry out my instructions without further delay. Should any fresh 
difficulties present themselves, I order you to overcome them in a 
manner that I may feel grateful to you. To the inhabitants of the 
island you must say that they have misunderstood the Article of 
Capitulation shown them, as their estates {fazendas) will not be 
confiscated but they will be allowed to remain in possession of them 
as hetherfore. The only difference will be that they will live under 
the dominion of the King of Great Britain, my brother, who will rule 
them with justice and in the freedom of the Roman Catholic religion 
as it is the practice in Europe among many peoples and cities with 
similar treaties, and with his power he will defend them and secure 
them in their trade, that they may attain to the opulence they desire. 
The King of England also undertakes to protect the places I have in 
that State, and this was one of the reasons for my giving him that 
island. The inhabitants of the island are so closely allied by nation- 
ality, parentage, and convenience to the best of the Portuguese all 
over India that I consider the arrangement will be for their common 
good. You must use all the means in your power to hand over the 


place soon, as this affair will admit of no delay. Immediately the 
delivery has taken place you will advise me, as it is of the utmost 
importance that it should be known here. Written at Lisbon in 
Salvaterra de Magos (sic) 8th of February, 1664. King. The Count 
OF Castello Melhor. For Antonio de Mello de Castro." 

The following letter addressed by the Viceroy to the 
Supreme Court at Goa throws further light on the question : — 

Goa : — " I have received a letter from His Majesty, whom God 
preserve, ordering me to deliver Bombay, but I do not know to whom 
to deliver it, as Abraham Shipman, in whose behalf the King of 
England had issued the commission, is dead, and it is not transferable 
to any other person. And as this order is identical with the one I 
brought with me, directing that I should demand the credentials from 
the King to the person to whom the possession of the island shall be 
given and the delivery made, commiting the whole to writing in order 
to avoid any uncertainty for all time, in virtue of the capitulations, 
I thought the matter to belong rather to law and sent the letter and the 
warrant to the court, requesting them to decide in the mode judicial 
for the delivery of the Island, thus satisfying both the King of England 
with what has been promised him, and the King our Lord, by obeying 
strictly his orders, writing a statement of all the circumstances, as the 
letter requires and the right demands. I request the magistrate 
(desembargadores) that after reading the papers, and weighing the 
words, they send me their opinions in writing, to be discussed in the 
Council of the State, and to settle all other points relating to this affair, 
and all to be done as quickly as possible. Panelim, 3rd of November 
1664. Antonio de Mello de Castro." 

The last letter of the Viceroy refers to the same subject. 

" Sire : — By the way of England has reached me this year a letter 
from your Majesty on the surrender of Bombay. Although the 
warrant that was shown to me was more doubtful than the first, being 
addressed to a man who was dead, and had no successor ; but, under- 
standing that it was your Majesty's pleasure, and the whole council 
having decided that possession should be given without further delay, 
and the Supreme Court of Judicature being of opinion that the war- 
rant, notwithstanding its form, was sufficient, I ordered the Vedor da 
Fazenda and the Chancellor of the State to proceed to the north for 
this purpose, and gave them directions (regimento) a copy of which 
I send herewith. I confess at the feet of your Majesty that only the 
obedience I owe your Majesty, as a vassal, could have forced me to this 
deed, because I forsee the great troubles that from this neighbourhood 
will result to the Portuguse ; and that India will be lost the same day 
in which the English nation is settled in Bombay. I have faithfully 
responded to the trust your Majesty has reposed in me, appointing 
me to this post and to the honour I have inherited from my ancestors. 
I have been actuated by these feelings during all the time I have 
been informing your Majesty of the inconvenience of this resolution, 
giving my reasons for not surrendering the island. I hope from the 
greatness of your Majesty that after seeing my papers, you will 
commend the judgement of my acts, and that they will be found to be 


in accordance with my duty. Your Majesty being well served of 
my zeal is the only reward I aspire to. God preserve the Catholic 
and Royal Person of your Majesty as Christendom and vassals have 
need. Goa, 5th of January, 1665. Antonio de Mello de Castro." 

The following letter from the Portuguese monarch is ad- 
dressed to the Viceroy, Antonio de Mello de Castro, and runs 
thus : — 

" I, King, send you greeting. On account of the difficulties raised 
for the delevery of Bombay, I despatched to England Francisco 
Ferreira Rebello charged with this affair alone, to try to compose this 
matter, and the Marquis of Sande, my Ambassador Extraordinary, 
who was in that Court, made all diligence, and finally the King, my 
good brother, by the goodwill he has for my things, allowed the 
consideration of an indemnity in money ; but he wants such large sums 
that they reach to millions. Thus it is necessary to make great efforts 
and to use all means to collect them. As it is not possible to settle this 
affair without giving at first a considerable sum and as this kingdom 
with the wars with Castile is found to be in want of means which is 
well known, it is necessary to draw as great a part of this amount 
from the State of India, as according to what you wrote me upon the 
subject it may be possible to obtain. For this reason I order and 
much recommend that, in the manner that you may deem convenient, 
you try to collect without deley a contribution, and remit by the first 
ship all that you can, in order that in case any settlement be arrived 
at, whatsoever sum is necessary may be ready. And in- case it fails 
the sum collected would remain as a contribution of peace with 
Holland. This matter being so important to all people, I trust they 
wiU contribute with the goodwill that the matter demands, and you 
will be doing me a particular service in preparing every thing that 
there is need of. Written at Lisbon, 15th of April 1665. King. 
The Count of C as tell o Melhor." 

The following letters from Cooke trace the progress of the 
occupation of Bombay by the King's officers, and record the 
difficulties encountered by him in arriving at a satisfactory 
arrangement of this dispute. Shipman, it is clear from Cooke's 
letter of August 26, 1664, died on April 6 of the same year and not 
in October, as has been alleged by several historians. Cooke's 
long letter of March 6, 1664, will be found interesting, as in it we 
can perceive the beginnings of that friction between the King's 
and the Company's officers which led later on to the cession of 
Bombay to the Company. It was clear to Charles, and no less 
evident to the Company, that the existence of two independent 
authorities within the same sphere would engender ceaseless strife 
and continual bickering. This was illustrated in the governorship 
of Cooke. The island was handed over to Cooke in February, 
and the quaint ceremony is described thus. Cooke, we are 
informed, " took himself personally the possession and 


delivery of the said port and town of Bombay, walking 
thereupon, taking in his hand earth and stones, entering and 
walking upon its bastions, putting his hands to the walls thereof, 
and making all other Uke acts which in right were necessary 
without any impediment or contradiction." Cooke's account of 
Bombay will be read with interest by its citizens to-day. " In this 
Island," he informed the Government, " was neither Government 
nor Justice, but all cases of Law was (were) carried to Tanny 
and Bassein." Bombay yielded " nothing but a greate quantity 
of Coco Nuts and Rice with other necessary provisions." 

Cooke's administration of the island pleased neither the 
King nor the English Company, and they were, on the whole, jus- 
tified in repudiating his Treaty with the Portuguese. A copy of 
this Treaty is given below. Careful perusal of this convention 
shows clearly that the Portuguese were justified in exercising some 
of the vexatious rights which became a source of constant trouble, 
as they had been expressly guaranteed by Cooke's Treaty. 
This was due partly to the apathy of the English Govern- 
ment, who did not repudiate it until after twelve years. Had 
the "unjust capitulation" to which Charles refers in his letter, 
printed herewith, been denounced in 1665, the long and tedious 
correspondence and vexatious retaliatory measures would have 
been avoided. Both Cooke's Treaty and Charles' letter repudiating 
it are given below. 

Public Re- Honourable Sir, 

a)rd Office, j^^ g^j, ^^ ^p^.-^^ jgg^ -^ pleased Almightie God to Calle the 

Vol ix' Hon'ble Sir Abraham Shipman our Govarnour out of this world, 
folio 91, ' who was pleased to nominale mee Lt : Govarnour to take Care 
and Charge of his Majesties forces and Affaires in these parts of India, 
while further orders Comes from England, the which I have excepted 
Rather then all should goe to Ruine, here not Remaining any person 
fitt to mannaige the same. By accidente I Remained here my selfe, 
I shall now doe my dewty and bee Redey at all tymes to bee account- 
abell when Ever his Majestie please to Command ; wee are daylie 
expecting orders from his Majestie for our Removeing to Bombaim, to 
bee Cleared of this Unhouldsum Island wheare wee have loste upwards 
of 250 menn and at presant but one Commision Officer, An Ensigne, 
alive of all that came out of England, there hath not binn any maide, 
because to make his Majesties monnys hould out which I hope hee 
will please to Consider ; Sir Abraham Shipman was lickwise pleased to 
make mee overseear of what Estate hee hath in these parts, the which 
I cannot Justly advise his executours whilest his Majesties Account 
bee adjusted, In case there should bee any obgection therein. I hope 
his Majestie will bee pleased to Consider my willingnes to searve hiine 
haveing Lost my other occationes to Live here in this Remote, 
Malancolly, Sickly Island to doe him Searvis, besides the extriordinary 
Charges I am at as Govarnour in housekeeping and Servants which 


Cannott bee Avoyded for our nations honnour, the Caire I have of his Public Re- 
Majesties Affaires here wanting soe manny Officers and of his Actions SP"^ o^^77 
&ca. for all which I hope shall desarve the same pay our deasceced vol. IX ' 
Gk)varnour had which is 40s. per day. folio 91. 

I mostehumblie pettition for your Honnours favor to Communicate 
this to his Majestie and when hee pleasseth to Grant mee the said 
for my Searvisses with a Commision for one yeare or two to sarve as 
Govarnour in Bombaim I shall as my dewty is except thereof but 
other waies would bee as willingly Cleared, the Charges being soe 
great that none cann live in India as a Govarnour ought honnorabley 
Under the said pay at leaste. I shall esteeme of ann order that I 
may pass it to his Majesties Account for the tyme I have searved 
and other waies to Searve if it be his Majesties pi eassure I Continuew. 

I hope hee bee fully satisfied of my Loyallty and fidelity seeing 
Sir Abraham Shipman hath binn pleassed to Impose soe Great a truste 
to mee, which God willing shall all punctually bee parformed. I shall 
nott further Troubell your Honnour these goeing ovar land by our 
Shiping shall more Inlarge, 

I Remaine Evar 

Your Honnours most Humble 
and Obedient Sarvant 

HuMFREY Cooke. 

Angediva Island in Easte India, 

the 26th Augoste 1664. 

[ Endorsed.] 
Anchediva No. 1 : 26 August 64. 

Mr. H. Cooke 
The Govarnours Letter to the 
princepall Secretary of State 

[The following is inserted as a title at the beginning of the 

Mr. Cooks Letter to the Secretary of State upon the Death of 
Sir Abraham Shipman and his Succeeding in the Government. 

The Worshippfull Humphrey Cooke Comander in chiefe Public Re- 
of his Majesties Forces in East India Governour of cord Office, 
Bombay and Ange Deevar, &c*. ^- ^- ^' 

Captain James Barker, Captain Robert Bowen and Mr. Charles ^°^^° ^^• 
Higgenson, Comanders and Officers of the Shipps Royall Charles, 
London and America at Anchor in the Roade of Carwarr. Wheras 
I have received severall Orders from the Kings Majestie of England 
and the King of Portugall to the Vice Roy and Councell of Goa, 
Concerning the surrendring of the Island of Bombay ; It is agreed 
and concluded by the said Vice Roy and Councell that they are ready 
to deliver upp the said Island according to the Articles between the 
two Crownes ; and hath given mee notice thereof to Embarque ray 


Public Re- selfe, all other Officers and Soldjers, to take possession of the aforesaid 
S.°"* Q^^^f' Island of Bombay in our Kings Majesties behalf e : And to take in 
Vol. ix'^^'^ way, a person at Goa to effect the said delivery. Wee having 
folio 98. ' not Shipping here at present sufficient to Transport us, and not knowing 

what may happen herafter, concerning the above said premisses 

by delay. 

I doe by these require you, the said Captain James Barker, 
Captain Robert Bowen and Mr. Charles Higgenson Officers &c. in the 
Kings Majesties name, as you will answer the contrary at your perrill, 
your assistance herin with your Shipps and men to Transporte my 
self and said Soldjery, with our Lumber to the said Island of Bombay, 
which is in your way to Surratt, and you shall have what satisfaction 
the President Sir George Oxinden shall thinck fitt for the said 
Transportation. In complyance herin you will doe good service to 
the King's Majestie, and on the contrary will bee prejudiciall both to 
the Crowne and Nation. 

I desire answer to give Account to his Majestie of my obedience 
to his Comands. Dated on AngeDeeva the 26th day of November 1664. 

HuMFREY Cook. 

[ Endorsed.] 

Angediva No. 3 : November 26, 1664. 

Mr. H. Cooke. 

A coppy of a Protest made on Ange Deeva for the 
transporting my selfe and Soldjery for the Island of 
Bombay in November 26th 1664. To Captain Robert 
Bowen, Captain James Barker and Mr. Charles Higgenson, 
Commanders of the East India Companies Shipps. 

Public Rc-Hon'ble. 

cord Office, j ^^.j^^ y^^^j. Honor overland of the 26th August 1664 therin 

Vol.* IX '^^"^^s^^ ^^ ^^^ death of the Hon'ble Sir Abraham Shipman our 
fdio 221. ' Governor, of which here inclosed send a Coppy. The Chesnut Pinck 
arrived at Ange Deeva from Persia the 25th October 1664, who brought 
a Pacquet from his Majestie via Aleppo Dated 26th November 1663, 
with a Letter inclosed to the Vice Roy of Goa, Don Antonio de Milo 
de Castro, from the King of Portugal!, and second Orders from our 
Kings Majestie for our receiving the Island of Bombaim, att which, 
on their receipt, I ordered the Chesnut Pinck tosaile for Goa, and sent 
one with the aforesaid Letters and other papers necessary from my 
selfe to the Vice Roy, demanding in the King's Majestie my Masters 
name the possession of the said Island of Bombaim and all else as was 
agreed on by the Articles of peace between the two Crownes : hee 
received the King of Portugalls Letter with much Ceremony, and 
answered hee would Comply in the surrender according to the King 
his Masters Order, withall said hee must have two or three dales time 
to advise with his Councell : after which the said Vice Roy demands 
the Orders Sir Abraham Shipman had from our Kings Majestie to 
Constitute a Lieutenant Governor and my Commission from him : I 


sent him Coppies of both the said Sir Abrahams Commission under Public Re- 
the greate Seale of England and my owne, having them authentickly cord Office, 
Confirmed by witnesses, and ordered them to bee Translated into ^ ^- ^^ 
Portuguees, and then to present them (with another Letter I writt Jq^^ 221. 
him) to the same effect of my first, since which, by the Companies Shipp 
London, I received one from his Majestie to Sir Abraham Shipman 
deceased, Dated 14th and 17th of March 1663* with a Duplicate of *i668/4. 
the King of Portugalls Letter to his Vice Roy, the which was sent 
him and delivered. After a Months debate, both hee and the Councell 
at Goa concluded a surrender must bee made, and ordered papers 
to bee drawne upp to that effect, all of them signing for the said 
surrender. The Vice Roy imediately writt mee to Ange Deeva that 
it was Concluded to make a rendition to us soe desires that I provide 
myselfe and Soldjery to receive the Island of Bombaim in our Kings 
Majesties name and that I should goe to Goa for Orders, and that at 
my arrivall hee would nominate two persons to goe with mee to deliver 
us possession. Wee having noe shipps to Transporte our men and 
Lumber, I dispatched the Chesnut Pinck to Surrat to Sir George 
Oxinden, and sent him a Coppie of the Agreement of the Vice Roy 
and Councell to Surrender us Bombaim, and that now wee onely wanted 
Shipping to Transporte us upp. 

Therefore I desired him in our Kings Majesties name to order 
us Shipping for our Transporting, and that when that could not bee 
donne at Surrat, hee would please to send his Orders to the Commanders 
of the Compaines Shipps then being at Carwarr lading Pepper, that 
they might take the Soldjery and Lumber in and Land us at Bombaim, 
which was in their way to Surrat, and would not have bin 15 daies 
hindrance to them ; herin I send you a Coppie of the said Sir George 
Oxindens answer to mine, by which you will perceive that hee neither 
Orders us Shipping, nor writes the Commanders of the Compaines 
Shipps to effect it, which if hee had, t'wouldhave bin imediately donne, 
but on the contrary quite discourages us for the taking possession of 
Bombaim on sleight pretences : which when I received imediately 
made a protest or demand in his Majesties name to all the Commanders 
of the Compaines Shipps to Transporte us, their answer (with the 
Protest) goeth here inclosed, which please to peruse, by which you 
will find what little service the Compaine or Sir George Oxinden doth 
here for his Majesties affaires. 

I finding our Nation soe backward, and that nothing would 
prevaile for our Transporting, this bussines being of soe greate 
importance, both for his Majestie and Nation, and not to let slipp the 
proffer of the Vice Roy and Councell of Goa, for feare of other 
resolutions herafter, although it hath bin much to the discredit of our 
Nation our owne Shipps not Transporting us : I hired fower Barkes 
at Goa to effect it with our Pinck and Sloope, which carried all our 
Soldjery and Lumber ; the danger and ill accomodation hath bin much, 
but rather then to remaine at Ange-Deeva the men were willing to 
anything. At our arrivall at Goa, before I could get the dispatches 
for the two persons to bee nominated to goe with us to make the 
delivery passed a full Month, the Soldjery and my selfe lying aboard 
in the hott Sunn all the time, which was not a little troublesome. 


Public Re- besides the severall abuses received frorn the Vice Roy, some of our 
cord Office, Soldjers that had run away from Ange-Deeva were taken by our 
V ^* 7x P^^P^^ ^" *h^ Road of Goa going aboard a Portugall Vessell, and were 
loUo 221 ' brought to mee aboard the Pinck, the Captain of the Castle by the 
Vice Roy's Order would have Commanded them ashoare, which I 
refused being our Kings Majesties Subjects, upon which there was a 
greate broile, to advise the particulars would bee tedious : I was forced 
to deliver them that our bussines of Bombaim should not cease, the 
which I did to the Vice Roy himselfe, with caution, that hee should 
secure them and see them forthcoming at demande whenever our Kings 
Majestic should require them, but hee litle regarded that, but sent 
them aboard his Vessell that was bound for, Europe, and tooke severall 
other Englishmen from the East India Compaines Shipps and did the 
like, which hath bin noe small affront to our Nation. Some tenn 
daies after this hee writes mee, that the persons were nominated, and 
in a redines to Embarque for Bombaim to make the Rendition, and 
sends mee a paper that containes severall Articles and Conditions 
made by him, that I should observe and signe after the Receipt of 
the Island, which to excuse disputes, promised I would, and did, as 
appeareth by said papers of the Rendition, for otherwise there would 
have bin one thing or other to have excused the delivery while 
further Orders from Europe. Our boates wee came in were rotten and 
ready to sinck, soe could not possibly have held out any longer, if there 
had bin made anie scruple or doubt in the delivery of the Island, But 
now I have the possession shall observe noe more his Articles then 
what is Convenient. Herin I remitt the papers of the said Rendition, by 
which you will see all the particulars therin, and may perceive his will- 
ingnes to bee troublesome, that wee might not have the surrender ; 
in regard hee nominated noe person that shall receive the Island for 
our Kings Majestie but sait[h] that it shall bee delivered to the 
Gentlemen English. The persons that were to make the Rendition 
scrupled at it, soe cost some trouble to cleare. Wee set saile from 
Goa toward Bombaim in the aforesaid Boates the 7th January 1664 
accompained with 10 Galliotts, that brought the Chancelor of Goa and 
the Viasor dafazanda, whome were the persons appointed to make 
the surrender of Bombaim ; both were very antient men, by the way 
they fell sick, soe put into Chaule where wee staied 8 daies for their 
recovery : the 2nd February 1664 wee arrived at Bombaim, being 
there detained on board six daies more, while the City and Gentrey 
of Bassin came to bee present at the delivery as witnesses, the 8th 
February we Landed our men in Armes, to receive the Island in our 
Kings Majesties name, which was donne with all the Ceremony and 
honor could bee, what they deliver'd was onely two small Bulworks, 
some Earth and Stones (the Ceremony for the Island) as appeareth 
by the papers of the Rendition. The King of Portugall (as they say) 
hath neither house. Fort, Amunition nor foote of Land on it, onely 
the aforrowes or Rents, which is but small, importing about 7001b. 
yearely. The two Bulworkes they delivered (Donna Ennes da 
Miranda claimes to bee hers) and appeareth soe with the house. Our 
Kings Majestie hath nothing more then the Rents that the King of 
Portugall had, with the Island and Port, which being wholy unforty- 
fied will cost much monies to make it defenceable by Sea and Land, 
which must be donne if his Majestie intends to make any thing of it^ 


At present I shall onely make a Platforme for our security while further Public Re- 
Orders from his Majestie, which with the two Bulworkes will hold cord Office, 
all our Ordnance. It will bee very necessary two or three small Forts ^- ^- ^' 
more (with a Wall about the Towne) For which shall want Guns and foUo 221 ' 
Orders, with effects to accomplish the same. 

In this Island was neither Government nor Justice, but all 
cases of Law was carried to Tannay and Bassin, now it is in his 
Majesties Jurisdiction there must bee a setlement of Justice, according 
to such Lawes as his Majestie shall think fitt. For the present I have 
nominated for the whole Island a Tannadar, which is a kind of an 
under Captain ; hee had the place afore with 300 Serapheems a yeare, 
I am to allow him as much, I have likewise nominated a Justice of 
peace, to examine all causes with a Bailiffe, that matters being brought 
to a head, they may make report to mee, to sentence as I shall see 
cause, I have likewise nominated two persons to take care of Orphants 
Estates, one for the white people and one for the Black, as it was 
formerly ; with other Officers under them. I have enordered a Prison 
to bee made to keepeall in quietness, obedience and subjestion, these 
people generally being very litigious. I have alsoe nominated two 
Customers, one at Maym and another at this place ; if our monies will 
reach shall build in each place a house for his Majesties Account, 
which will bee very necessary to recover his Customes. In the Island 
are five Churches, nine Townes and Villages, and upwards of 20,000 
soules, as the Padres have given mee an Account ; the generall 
Language is Portugueez, soe that it will be necessary the Statutes and 
Lawes should bee Translated into that Language : the people most of 
them are very poore ; as yet wee have bin here but a short time ; as 
I find occasion shall nominate what other Officers shall bee necessary. 
I intend as soone as may bee to have a generall Muster, to know what 
Armes are in the Island, and by the next opportunity give you an 
Account therof. 

This Island yeildeth at present nothing but a greate quantity of 
Coco Nutts and Rice with other necessary provissions. The Jesiuts 
are much troubled at our being here, and strives aU may bee to make 
us odious to the people, and hath already attempted to take Orphants 
off this Island, of the Gentues, Moores and Banians, to force them to 
bee Christians which if should bee suffered wee shall never make any 
thing of this place, for the liberty of Conscience makes all the 
aforenamed desirous to live amongst us. I shall doe all may bee to 
give them encorougement, as his Majestie Commands in his Instruc- 
tions. They desire to have Churches, but for the present I have not 
granted it, neither shall till I have further Orders for it. If I should 
the Portugalls will strange * in regard they looke on it as a scandall to » r -i 
their Church, for the present I have ordered they use their Ceremonies * 

in their houses privately, but are not to give scandaU to any. It will 
bee requisite that Orders bee sent what shall bee donne in this 
particular, finding how necessary it is to Fortyfy this place (according 
to his Majesties Comands) our monies being short to effect it, I writt 
to Sir George Oxinden to know his resolution whether hee will supply 
us or not, with monies to compleate the said Fortiffication, his answer 
herin I remit, that his Majestie may see how unwilling they are to 
doe any good Office for his affaires, notwithstanding the East India 


Public Re- Company at home certifyeth him that they have enordered their 

cord Office, President to supply us with all things that shall bee necessary ; which 

Vol I x' ^^^ George Oxinden takes noe notice off at all, but on the contrary 

folio 221. is troubled wee are setled here, saying theire Trade is now lost. 

According to his Majesties Comands, I have administred the Oath 

of Allegiance to all our owne people and some of the Inhabitants, 

herafter I shall tender it to all the rest that are of a Capacity to 

receive it, as yet have not found any deny to take it. 

This Island lyeth excelent well seated for Trade, both for the 
South Seas, Red Seas, Gulph of Persia, Coast of Mallabarr, Cormondell, 
Bay of Bangaule, Pegu and other places ; tis a very wholsome aire 
and pleasant, its some 8 Miles in length, and five Miles and a halfe 
broad, severall Merchants begins to Flock hither already from all parts, 
soe that I question not, but in a short tyme it may bee as beneficiall to 
our Kings Majestic as Battavia is now to the Dutch, it will cost monies 
to fortyfy it as it ought, but in a short time noe question it will repay 
its charges with proffit. Herein I remitt you a Coppy of the King of 
Portugalls Patent given for part of the Customes of Maym, a Towne 
and Port in this Island, for soe many lives as appeares in it, they 
paying onely 240 seraph eens rent to the King for the Customes, which 
is but small in Consideration of what that Port rents. I shall desire 
to know whether the Patent is to stand in force now the Island belongs 
to our Kings Majestic, here are severall that holds Lands and other 
rents for lives on the same Terms, therefore it will bee necessary to 
know his Majesties pleasure herin. Since I had the possession of this 
Island I have writt to the Vice Roy at Goa, demanding in his Majesties 
name all the Rents that hath bin due to him since the arrivall of his 
Fleete here, with my Lord of Marlebrough, which was in September 
1662, the said Vice Roy then constituting himself e Governor of this 
Island for our Kings Majestic, soe noe question but he received the 
Rents to his use, what his answer will bee know not, but hope his 
Majestic will demand it of the King of Portugall in case hee gives not 
satisfaction here, which is to bee feared. 

For the advancement of this Port it will bee necessary to 
procure from the Court of Portugall the priviledge of Navigating in 
that Kings currents and streames here, freely and without any manner 
of impediment, for all Boates and Vossells whatsoever that shall bee 
bound to this Island with Merchandize belonging to either English, 
Moores, Persians or Banian Merchants, from and to two places lying 
beyond Tannay upon the Terra firme in the Mogolls Dominions, 
the one called Cullian and the other Buimdy, where (if ever this bee 
made a good Port) all goods of Indostan growth and make, as well 
as those of Decan, Gulcondan and the Coast of Cormondell, must 
necessarily bee brought, which will make them cheaper by 15 or 20 
Cent then those that are carried to Surrat, in regard of the great 
distance from it and vecinity to the two prementioned places. And 
wheras those goods, brought to the aforesaid Townes, must there bee 
Shipped off and pass downe the River by Tannay, in all probability 
(if provision bee not made to prevent the same) the King of Portugalls 
ministers there may lay imposition upon and take Custome for them, 
as the King of Denmarke doth in the Sound at Elsenore. And for 
the making this Port more Flourishing, Orders from his Majestic will 


alsoe bee necessary for the building six Briganteens or Galliots for ^"^^^^^.f,?^ 
keeping the Coast heraboutes free from Mallabarrs, who doe very r°^*^o 77* 
much infest the same to the greate detriment of Trade. Vol- 1 x'. 

Herin I remit a generall Muster of all persons that are actually 
in his Majesties service on this Island, taken by Mr, Henry Gary, who 
is the person Sir George Oxinden, Knight, enordered to doe it (as his 
Majestic Comands), by which you may perceave our weake Condition 
to defend our selves and keepe these Islanders in obedience, out of 
which am forced to send 20 men to Maym to remaine there to keepe 
them under likewise, his Majestic will plainely see, how necessary it 
will bee a good recruit both of Ofi&cers and Soldjers, which, to save 
his monies, I have not made any, soe that my care hath bin the more 
in officiating my selfe all the Officers places that are wanting ; which 
service I doubt not but his Majestic will please to consider. 

Herin I send his Majestic an Account of all pay and other 
disbursements since Sir Abraham Shipman, deceased, entred the 
service, and myself e, which is from February 1661 to the 3rd December, 
1664, by which hee may please to perceave what greate husbands 
said Sir Abraham and myselfe have bin in saving his Majesties monies 
by not making Officers as they died, and in laying it out for other 
things necessary, as Account ; which if had not donne, his said monies 
would not have held out neare soe long ; by the said Account you 
may perceave the Monthly pay according to the Muster Rolls, which 
remaines in my Custody. I assure you they have bin duely and 
exactly taken every Month, as his Majestic hath Comanded, by the 
declining of the said Rolls, its plainely scene how our men died 
Monthly. The six Months they were at Sea on the Voyage could noe 
Muster bee taken, the Shipps being seperated nor upwards of three 
Months they were at Surrat, the Governor there not permitting them 
to Land with Armes or Drum, this my Lord Marlebrough knowes to 
bee true, soe doubt not but hee hath acquainted his Majestic therof ; 
besides Sir Abraham Shipman was that tyme at Goa and Busseene, 
following the demand with the Vice Roy and Councell for the 
possession of Bombaim, soe could not bee donne. Our first Muster 
after wee came out of England was taken on the Island of Ange Deeva 
the 30th day of January 1662, and hath continued on exactly every 
Month since as per the Rolls and the Account appeareth in the said 
Account. Sir Abraham Shipman charges every private Soldjer 3d. 
per day for the six Months they were aboard Shipp, the other sixpence 
being discounted for his Majestic for their Victualls, and is not charged 
in this Account, the 3d. is for Clothes, Shirts, Stockings and Shoes to 
every one as it was ordered in England by his Majestic to bee given 
aboard Shipp, the which was observed, soe that what Soldjer died 
aboard, their 3d. per day would not pay for their Clothes they received, 
which loss Sir Abraham Shipman sustaines. 

The Carriadges wee brought out for our Ordnance, and those 
wee received from his Majesties Shipps in India, are all rotten and 
eaten with the Wormes, and fitt for nothing but Firing, as by the 
Certifficate which herin remit for satisfaction. I have bin forced to 
make and buy all new ones, which otherwise our Guns would have 
stood us in little stead, they then lying on the ground at Ange Deeva, 



Public Re- 1 doubt not but Sir Abraham Shipman gave his Majestie a large 

cord cffice. Account in his life of all things else wanting, therefore I shall not 

C. O. 77, trouble your honor further, referring to what hee writt from Ange 

7y ^'22/ ^' ^66"^^ ^y t^^ Shipp Loyall Merchant the last yeare. I hope when his 

Majestie seeth our sad Condition, he will please to Comand wee have 

Succour sent us in September next 1665, as well Commision Officers 

and Soldjers and all else that is wanting : for otherwise it will bee 

impossible to keepe this Island if wee should sustaine any tollerable 

loss these next Raines or any Enemie attempt to beate us off ; herin 

I send an Account of all his Majesties stores, as well what is spent as 

what remaines in being, by it they may governe what to send of each 

for a Recruit e. On Ange Deeva Island was much lost and spoild, 

which could not bee remedied, the Island being very moist and lodges 

as bad : besides the loss by Transporting too and againe. 

According to his Majesties Orders Sir George Oxinden with much 
adoe hath paid some parte of the 14,550 peeces of 8 which his Majestie 
enordered us for a recruit the last yeare ; hee promissed the remainder, 
when hee doth I shall give a receipt for the whole. I perceave his 
Majestie is to pay after the rate of 5s. Qd, per each dollar^ here they goe 
in payment to the Soldjery for noe more then 4s. 9^. a peece, and will 
not pass in the Country for more then 4s. Qd. each. To raise them to 
the Soldjery in payment cannot bee, without particular Order from 
his Majestie, and if hee should doe that, at 5s. Qd. each Dollar they 
were not able to live on their pay, Sir Abraham Shipman never paid 
the same Dollars at more then 4s. 9^. a peece, and the Portugall 
Crusadoes at 4s. a peece, for mee to innovate and raise the price 
would cause Mutiny, and would not bee received at more then afore- 
said. I see his Majestie will bee a greate looser by it, but it cannot 
bee remedied. The 14550 peeces of 8 computed to bee 4000/. at home, 
will not make here more then 3455/. 12s. 6^. according as I pay them 
to the Soldjery. I can assure you they loose 3d. in each Dollar at 
the rate of 4s. 9d. as they receave them, however when his Majestie 
Comands to the Contrary, it must be observed. 

The bearer herof is Ensigne John Thorne, whome I send on 
purpose overland with this Pacquet to give advice to his Majestie 
of the possession of this Island, knowing how desirous hee may be 
to have the newes therof ; the said party hath bin an eye witnes of all 
passages here, ever since wee came out of England, being alwaies in 
his Majesties service, so can verbally relate all our miseries and troubles 
past. Hee is Sir Abraham Shipmans Kinsman, I doubt but his 
Majestie will please to take Cognizance of his paines, care and services 
donne him as well here, as undertaking this Journey overland. Since 
the dispatch of the Shipps from Surrat, hath come hither several! 
Englishmen to bee entertain'd in his Majesties service, and in regard 
the generall Muster is already taken and sign'd I have bin cautious to 
entertaine any, while I have further orders from his Majestie for it, 
but our necessity being soe greate for want of Soldjers, I have 
ventured to entertaine some this day, and shall herafter list 40 or 50 
men if can procure them, I hope his Majestie will not scruple their pay, 
they being to augment our force and for our better security here. I 
hazard these to Surratt, in hopes to find the Compaines Shipps there, 
to goe by that conveyance by Sea, herin goeth a Pacquet directed to 
the Portugall Ambassador from his Chancelor Major here, who was 


the person that delivered us the possession of this Island, and was Public Re- 
very Instrumental! thereunto, hee having put a period to all scruples ^°^*^ q^®^' 
and doubts, desires it may safely bee delivered. Vol.' I x' 

I had almost through hast and multiplicity of bussines, folio 221. 
omitted to acquaint your honor that our Minister being dead, wee are 
in great want of an Orthodox Divine. Soe remaine ever 

Your honnors most humble and obedient 
servant at Command, 

Island Bombaim Sd March 1664/5. Humfrey Cooke. 

HONOBLE, ^^o*"^^' 

The Inclosed, is Coppy of what I formerly wrott you over land ; q°q 77 y^J 
since when by his Majestys second Orders after much troubles and ix folio. 217 
many delayes, I have received the possession of this Port and Island 
of Bombaim which was delivered me in his Majesty's name the 8th 
february past 1664/5. It is a very pleasant place and a good ayre, 
yeldeth great e quantity of Coconuts and rice ; His Majesty's rents 
at present imports little more or lesse 700 U. per annum ; as trade and 
commerce encreaseth so will his revenue, It is cituated very convenient 
for trade and commerce for all parts, as South seas, redd seas, Gulph 
of Persia, Coast of Malabar, Chormandell, Bay of Bengala, Pegu and 
other places ; It is some eight miles in length, and five and a halfe 
broad, in it are five Churches, nine townes and villages, and uppwards 
of 20000 Soules as by the Churches information ; the generall lang- 
wage is Portugueze ; Banians, Mahometans, and gentills about the 
mayne and neighbouring Islands begins to flock hither to reside, so 
that in few yeares I question not but that it may bee as benneficiall 
unto the King his Majesty as Batavia is now to the Hollander. At 
the first, his Majesty must expect to bee out of monys for Fortifications, 
it beeing at present not alltogeather deffensible ; Shipping wiU bee 
also very necessary to incourage merchants to trade for all parts, which 
will much advance our Kings revenues and custumes ; I have given 
a very large relation of all unto his Majesty by these conveyances 
boath by sea and land which latter I send on purpose for inteligence 
unto him in regard the shipps bound for Europe from Suratt at 
this seasone will bee forced to make a winter voyage, so that in all 
probabillity the messe may arrive some monthes before them into 
England, when I doubt not but Mr. Secretary will communicate unto 
your Honour the needfull. 

I have sent his Majesty a list of a generall muster, as also an 
account of all pay and disbursments since Sir Abraham Shipman, and 
myself e entred the service, untyll the 3d of December 1664, which I 
hope will give satisfaction ; 

I have received your letter directed to Sir Abraham Shipman, 
dated the 8th March, and have taken notice of its contents ; I rest ever 
Your Honors most humble and obedient servant. 

Island of Bombaim Humfrey Cooke. 

the 3rd March, 1664/5. 

[ Endorsed. ] 


H. Cooke from Bombaim, 
3rd of March 64. 


Public Re. Since the finishing and firming of the preceding, the Vicar of 

cord Office, Parela, Padre Antonio Barboza (a Jesuit) presented mee with the 
Yqj j ^' paper which is herewith sent for your perusall, by which hee endea- 
folio 217. ' vours to make appeare that 2000 Sherapheens out of the Kings rents 
at Maim, which comes but to 26 Sherapheens more per annum, were 
given to their Company by the King of Spaine, Don Phillipp (then 
Lord also of Portugall), and confirmed unto them by the Vice Roys 
of India. But it seeming unto mee a thing most unreasonable that they 
should take away all the benefitts of the rents of the said Maim, 
and his Majestic nothing at ! all (hee being at soe vast a charge in 
mainteyning this Garrison) which is for the security of this Island, 
and consequently of the Lands and livings which these people enjoyeth 
I shall therefore secure the said 2000 Sherapheens by having it 
deposited untill his Majesties further Order, as I shall proceed in the 
same manner with him that hath the Patent for the Customes of 3| 
per cent at Maim, conceiving that now our Kings Majestic is absolute 
King and Lord of this Island, and the King of Portugalls Dominion 
and Governement ceasing, all Merces as Donatives of the like nature 
ceaseth, alsoe with his Government many more such like matters I 
suppose may present themselves herafter, of all which I shall take 
such care as his Majesties interrest shall not in the least bee prejudiced: 
But being newly arrived and entred into this Government and these 
Christians that had Offices in it being most unwilling to discover unto 
mee the trueth of things, it is impossible to bee acquainted as yet of 
that which time will make manifest. When that I had proceeded thus 
far I was informed of a business of importance which is that the 
Bandarins of this Island, a sort of people who gaine a lively hood by 
drawing of Tody a liquor distilling from the Coco-Nut-tree paid 
formerly unto the Foreirors Mayores or Senhorios of the Severall 
Cossabeys or Townes a duty called Coito, that is for the knife where- 
with they prune their trees, amounting unto about 700 or &)Oli. per 
Annum, which falls now to his Majestic, which together with what 
more may bee discovered and collected of his Majesties Rents, 
importing at present (which as yet is come to my knowledge) incirca 
to 1500/». per Annum, it will bee a helpe towards the payment and 
mainteynance of this his Garrison. 

I have at last ( after much enquiry made ) obtained a coppy of 
the Forall of the Mandowin or Registring-house (a kind of a Custome 
house) of Maim, which I herewith send alsoe for your perusall, by the 
same you will discover how far the Limits of the said Mandowin 
reaches, and what places are subordinate and paies duties unto it as 
ia folio 4 and Sections 54 and 55 of the said Forall appeares. 

Whilst I shall receive further Orders from his Majestic for the 
encouragement of Merchants to come to habit and have commerce 
in this Port, I have imposed 4| per centum custome uppon all 
Merchandize to bee imported or exported (vizt) 3 per centum to bee 
added to his Majesties Cash, and 1^ per cent towards the defraying 
of the charges of Custome house Officers but at Maim the duties that 


heretofore were paid to that Mandowin are (vizt) 3| per centum which ^j^'^^q^* 
goes to Francisco Murzelo Coutinho aforementioned 2 per centum c o. 77* 
called consulado, 1 per centum imposition besides some other petty Vol. IX, 
duties, wherof a just Account is kept in a Booke apart by thefoUo 221. 
Customer. This being all at present I have to advise, desiring your 
honor to communicate to his Majestic the particulars herin, I 
subscribe as afore. 

Your Honors ever obedient humble servant 
at all Commands, 

HuMFREY Cooke. 

Island of Bombaim, 
the I5ih March, 1664/5. 

P.S. — Both by this, as likewise by an Overland conveyance the 
3d. currant I wrote your honor giving you therin an Account of the 
Rendition of this Island, and of what else offered needfull Intelli- 
gence, to which referr you. 

These at present ^re onely to certify. That Sir Oxinden hath 
paid mee on Account of the Bill [of] Exchange which Alderman Back- 
well gave his Majestic for a recruite to his Forces in these parts, value 
14550 peeces f the following sums (vizt) 4000 peeces | at 4s. 9d. per 
peece is Sterling 950li. and 21,625 Rupees and 12 pice, which in 
•pa.yment to the Soldjery will not goe for more then 2s. 3d. per diem 
each is 2432/t. 16s. 3d., together amounting unto 33 or 2U. 16s. 3d., 
which if hee had paid in the prementioned 14550 peeces | according 
to the bill of Exchange at 4s. 9d. per peece, as I pay them to the 
Soldjery, 't would have amounted unto 3455/t. 12s. Qd., soethat there 
is lost by the Rupees by not sending peeces f 72li. 16s. 3d., which 
Alderman Backwell must discount out of what his Majestie is to make 
him good for the whole 14550 peeces |. I make his Majestie good in 
Account 33 or 2li. 16s. 3d. which is what I have received and am to 
pay it at the rates above specified and noe more. 

I am just now informed, that not onely the Jesuits but divers 
more that belong to this Island, have writt to their correspondents in 
England, to make friends to his Majesty to confirme their old Pattents, 
as alsoe the coito before mentioned. Taverns and Shopps, with other 
more exacting Tributes, not well look't upon by Tradsmen, especially 
the latter ; which if hee grants, hee will not have any considerable 
matter left, towards the defraying of this vast charge hee is at of 
mainteyning this his Garrison and thus much I thought it necessary 
to make this airze that your honor might acquaint his Majesty 
accordingly, soe remaine 

Your honors most humble 

and obedient servant, 

HuMFREY Cooke. 



Public Re- 
cord Ofl&ce. 
C. o. 77. Bombaim. 

Vol. IX, 
folio 221. 

The Governor of Bombaim letter unto the Principall 
Secretary of State 3 March, 64/5. 

Mr. Humfrey Cooke, Governor of the said Island, 3. 
March 64 sends Ensigne Thorne by land, to his Majesty. To 
signify their sad Condition at Anchidiva in 1662 till the 
possession had of Bombaim 8th February, 1664. The 
Aversenesse and ill will of Sir George Oxinden to that 
Designe, as jealous it would hinder Trade at Surat that 
they lost 72li.hy the money Sir George transmitted to them. 
That the Portugese would perswade him that 2 Forts belong 
to Donna Miranda : the Rents of Maim and the port to the 
Jesuites by letters patents ; and others have like clayme to 
the Customes ; soe that his Majestys revenue (thus) is not 
above 700li. a yeare. However, he secures the whole till 
his Majesties order ; which he prayes, as alsoe officers and 
more Soldiers ; and a chaplaine ; and rules of civill 
Government in the language of the place (which is Portu- 
gese), money for the Fortification of the Island and port, 
to build 3 Forts, wall the Towne ; (and more great Guns) 
and to build a Custome-House there, and at Maim. The 
Island rarely seated for Commerce : good ayre : the 
Island is 8 miles long 5 and a halfe, broad ; hath 5 churches; 
9 villages : 20°^ [thousand] people in it : but poore : yeilds 
little but Rice and Coco's. Permits not the Jesuites 
now to take and educate the children : allowes liberty of 
Religion to Heathens and Mahumetans in their Owne 
Houses (which invites them thither) prayes 6 small ships 
to guard them against the pyrate-Malabars ; and to passe 
the Portugese castles in the Straits of Tannay and Buindy, 
custome free ; (and soe, they may undersell Surat 20 per 
Cent : and soonn be as considerable to the King as Batavia 
is to the Hollanders) Hath done the duty of all officers, 
but made none, (to ease his Majesty of the charge) Sends 
Accounts of disbursements from 1661 to December 64 
and of Stores spent and left. Hath made new Carriages 
for the Guns. Hath listed 40 or 50 men, for feare of the 
Raines and of Surprise. The King allowes Sir G. Oxinden 
5s. 6d. a Dollar and hee payes the soldier at 4s. 9d. (in the 
Island they goe but 4s. 6d.). He hath discover'd a Taxe 
impos'd by the Portugese call'd Coito ; that is, on the 
knife, us'd about Coco-Trees (which they doe tap for Toddy) 
which (with the former) will make a Revenue of 1500/^. a 
yeare. Sends a Transcript (in Portugese) of the Custome 
Booke at Maim. Hath (till further order) laid 4 per Cent, 
on all Goods exported or imported (1 and | is for the 
Officers that attend the Customes). All his soldiers have 
taken the oath of Allegiance and many alsoe of the 
Inhabitants ; noe one hath as yet scrupled it. 



[ Inserted in top margin in another hand : — ] ^^^^ Office 

Mr. Cook's letter to the Earl of Arlington touching the c. O. 77,' 
Protest made by the Portuguese's Vice Roy upon Vol. IX, 
Mr. Cook's taking Possession of Mahim. The Arrears of ^^^140^' 
Rent due before the taking Possession of Bombaim and 
other matters relating to that Island. 

Right Honoble. 

I writt your Lordshipp overland by Ensigne John Thorne, and 
by the Companys Shipps that went from Surat the London 
Commaunder Robert Bo wen in February 1664, therein I give a large 
relation of our having possession of this Island for our Kings Majesty, 
and all else what then offered, one or boath of which I hope by this 
may bee arrived with you, that you may the better know our wants 
and necessity wee are in. These are to continue what since hath 

The Vizorey Antonio de Mello de Castro hath enordered his^°^*"8^®*® 
Captain generall, Ignacio Sarmento de Carvalho which resides in these 
parts of the North to make a Protest against me; for taking (as they 
pretend) the Island of Maim, saying it belongs to the Juresdiction of 
Bagaim and so consequently appertaines to the Crowne of Portugall, 
with many other very frivolous fals things, (as you may please to 
perceive by the Coppy of the said Protest and my contra Protest to it ;) 
They would have Maim and Bombaim to bee two severall Islands, 
but cannot well make it out, I never tooke Boate to pass our men 
when I tooke the Possession of it, and at all times you may goe from 
one place to the other dry shod; I cannot imagine how they cann make 
them two Islands ; Maim is the best part of this Island and they thinke 
it to good for our Kings Majesty, but befor they have it againe (except 
his Majesty please to enorder it to them) it shall bee long enough by 
my consent ; they since begin to bee sensible of theyr errors, and are 
very quiet, I thinke they thought to have frighted us out of what was 
his Majestys due with theyre greate words and threatnings, but seeing 
it doeth not prevaile, they find it theyr best way to bee quiet. 

I have writt the Vizorey Antonio de Mello de Castro, demaund- ^^^^r °* 
ing in our Kings Majestys name all what rents hee had recovered in the taking 
this Island from the time my Lord of Marlebourgh arrived, to the day Possession of 
wee tooke the possession ; hee answered me that what hee had received, t^e island, 
hee spent in keepeing Garison in the said Island for our Kings 
Majesty; I demaunded, what orders hee had for that, our Kings Majesty 
having a Governor and souldjery of his owne for the said purpose ? 
On this I have had severall letters to and againe, but I cann gett no 

According to his Majestys command I have made a Protest to him, 
the Coppy of which goeth heere enclosed, it was delivered by Mr. Robert 
Masters a Factor for the Company at Carwar, whom writes that he 
hath waited one whole month, and as yett cannot obtaine an answere ; 
and concluds hee will give now, as appeares by the secretary of state 
of Goas note which I heerein remitt. 


Public Re- The Portugalls on the Maine and Neighbouring places in these 
a)rd Office, pa^j.^g gQ^ie have lands on this Island, and many Inhabitants heere, 
Vol . I X ' ^ave lands there, so that I have been forced (to excuse a confusion) 
folio 308, to settle the Civill law among them in this Island, the which hath 
No. 142. hugely pleased boath partys ; among our selves is marshall law, and 
for religion, liberty of Conscience is given to all. 

This Island is hither to but a meere Fishing place, and as yett 
no merchant of quallity nor any else is come to settle heere, nor will 
not, while [until] a trade begins, which must bee done by his Majestys 
, enordering all the Companys shipps to lade and unlade heere, and 

the Factory of Suratt to bee removed hither, theyre very Custume 
only will goe neere to pay the Garison and a greate animating for others 
to come to live heere, and noe question, in few yeares, will reape a 
large bennefitt for his Majesty in the interim, hee cannot expect but 
to bee at a yearely charge, by sending supplyes, in regard the rents 
of this Island are so small, all not ammounting unto above lOOOli. 
per annum, and although in my last to your Lordshipp the last yeare, 
I writt about a rent that did belong to the King that might import 
to about 700 or 800/t. per annum, for the Knife that was to prune the 
Cocer nutt tree, it hath proved incerte, for since by papers I find it 
belongs to the Owners or Foreiros of the ground for which they pay 
unto his Majesty what appeares by theyr Foralls, so that it proved a 
fals information. 

These Past raines hath proved verypestilentiallto our menu having 
lost by death and runn away 51 as appeares by the enclosed list of 
theyr names, which in our small quantity hath much weakened us, 
alltbough I entertaine all, what English, French, or Sweds that comes. 

The last yeare I made an end of Fortifying this house towards 
the sea, by the building of a large platt forme 51 yards long, wherein 
cann play 18 peeces of large Ordinance, it hath cost his Majesty monyes, 
but is the best piece in India, and secures all the Roade, its made as 
strong, as lime and stone cann make it ; and no question will last for 
many hundered yeares ; I have likewise repaired the two slight 
Bulworks and made them substantiall against Battery. 

I have one from your lordshipp directed to Sir Abraham Ship- 
man, of date the 27th March 1665, with a contract made by the 
Commissioners of his Majestys Navy and the Easte India Company 
to tra[n]sport us for England in case wee were styll on the Island of 
Angediva, the which letter and Contract, I caused publiquely to bee 
redd in our Garison, that all might understand the greate care his 
Majesty hath had of us to bee at such a vast charge to transport us 
home after so greate a losse and not having don him as yett any 
service, whose most gratious favor hath so much obliged all in generall 
that I am comfident they will all venter theyr lives on theyr bare 
knees to do him service. 

On the receipt of your lordshipps letter wee were in Possession 
of Bombaim for his Majesty so that Contract served to no effect, wee 
being now waiting for furder Orders from his Majesty. 

In regard wee were ordered home ; his Majesty sent us no supplys 
of monys this yeare, and its imposible the souldjery can live without 


its pay, heere beeing nothing to bee had, but for our monys and not Public Ke- 
one man that liveth uppon this Island, is able to trust us, for a dayes cord Of&<», 
victualling, they have it not, beeing most of them Fishermen. vol 1 x' 

4 1 ' 208 

I have had letters from the Vizorey Antonio de Mello de Castro j^° j^g. 
and Ignacio Sarmento de Cavalho Captain Generall of the North, 
and severall others, that the warrs betweene us and Holand is broke 
out, and publiquely proclaimed, and that the Dutch for certaine 
entends to beate us off of this Island, the which hath putt mee at my 
wits end ; the want of mony boath to fortify, Victuall for a Seige and 
for the soldjers pay and other necessarys for warr, I have made my 
addresse unto the President of Surat Sir George Oxinden, aleadging 
the afore reasones and others, and that of necessity without hee 
supplye us, wee must disband, and then his Majestys Interest will bee 
lost, Hee answered, hee had no order from the Company to supply 
us with any thing ; then I desired him that hee would doe it out of 
his owne Stocke; Hee writes much of his zeale to his Majesty I wish it 
weare as much as to his monyes ; I could not prevail e any thing from 
him, neither one way or other, so that I having a little mony of my 
owne and of some freinds in England, I hope I shall bee able to rubb 
out whilest [until] September next 1666 which otherwise this Garison 
could not have subsisted, and consequently his Majestys Interest lost. 

All this sommer I have been ordering and makeing Fortifications 
to the landward, for a place of security, which as yett is not quite made 
an end of, heere inclosed your Lordshipp will receive Its ruff draught, 
which bee pleased to shew unto his Majesty Its all done with Turffe 
and Cocer nutt trees 14 foote hygh round ; with little repayring it will 
last for many yeares, all beeing Cannon prooffe, this worke would have 
cost his Majesty 5000^1. to have concluded it ; but I hope it will not 
cost him lOOli. for I have taken such care, to have all the Islanders 
to worke by turnes some dayes 1000 men, some dayes 800, without 
pay, only something to drinke, its much worke to bee done by force of 
hands, wee have bein about it upwards of three monthes, it hath nott 
cost me little trouble and care. 

Wee are now dayly expecting the enemy, the greate want of the 
losse of those menu that dyed the last raynes, and the many sentinells 
wee have with our new workes hath forced me to entertaine in our 
fower Companys tenn menn in cache Company being in all forty 
Portuguezes white menn of Europe ; they have the same pay our owne 
menn hath, I would entertaine more but our mony will not hold out 
to pay them, 

I hope in September next 1666 his Majesty will not faile to send 
us supply of menn, mony, match, greate Ordinance, shott of all sorts, 
powder, and all other necessarys for warr, for this wee have heere, will 
suddainly bee spent, in a Siedge : Our mach wee brought out, is all 
spent, so that I have bein forced to have a quantity made heere which 
is very bad, and deere, our necessity is so much wee could not bee 
without it. 

The Chestnut Pynke riding at an anchor in this Roade will runn 
a greate hazard to bee burnt by the enemy, therefor I have thought 
fitt to hall hir on shore under the command of our artyllery, the menn 


Public Re- are entered in his Majestys sirvice for privat sentinells whilest furder 

c^rP^Tn' ^rder from his Majesty to dispose of hir, for as yett shee hath not don 

Vol I X ^^ ^^y sirvice at all ; hir Gunns, Pouder, amunition with tackling 

olio 3 ' are all in his Majestys store. I hope by this, shall save the King 600/t. 

No. 142. per annum beeing hee is now ridd of that charge. John Stevens 

Commander stomacks it much, and hath a turbulent and mutinous 

spiritt about it, that maters not, at all, I doe my Duty. 

Wee have had no medicines sent since wee came out of England, 
but have bein forced to buy out of the Companys stores every yeare, 
which cost deere enough, I hope heereafter, things will bee better 
husbanded in case this Garison remaynes ; Wee want much a Chaplaine 
to Instruct our menu to doe theyr duty to God Allmighty. 

My humble petition to your lordshipp is, that you will please to 
motion to his Majesty, how the ayre of this Country doeth not agree 
with mee, having bein very sick of a flux, and am desirous to end my 
old age in my owne Country, therefor most humbly desire his leave 
to goe home by the next shipps, I hope hee will send a Governor out 
befor this same cann come to your hands, but in case hee should 
not, then to minde him heerein for which your lordshipp wiU ever 
Oblidge me to bee 

Your lordshipps most humble 

and obedient servant 

HuMFREY Cooke. 


The 23rd December, 1665. 

P.S. — The Vizorey Antonio de Mello de Castro was the first that 
writt mee of the warrs beeing broke out betweene the Dutch and us, 
and that for a certaine they entended suddainly to assault and beate 
us ofi this Island, I imediately writt him of our greate loss of menn, 
at Angediva, and therefor demaunded of him in our Kings Majestys 
name, that hee would assist me for our monys, or enorder his Captain 
Generall heere in the North to doe it with menn, Artyllery, pouder, 
or any thing els I should want, for the deffence of this place, seeing 
himself adviseth me the Hollanders might bee soone upon us ; this I 
writt by fower conveyances, two of which I have answere by English- 
men that they delivered them to him, but could gett no answere to this 
day ; so that it's plainly seene theres no trusting to any but our selves, 
the Portugalls proveing so treacherous which please to advize his 

The greate House with three small ones and the ground that is 
now in his Majestys possession fortified appertains unto (the Widdow 
of Dom Roderigo de Montsanto deceased) Donna Ignes de Miranda, 
who as yett will not agree to take what monys all was valued in unto 
hir at the death of hir said husband which is neere 350li. it must bee 
paid ; I cann assure the Houses only, were never built for 4,000/j. The 
Arabs hath don much hurt to the Houses espetially the greate one 
which wiU cost much to repaire. 


There is one thing of much importance that I shall desire you Police Re- 
please to advise his Majesty thereof ; that is, in case hee please to bee cord Office, 
absolute owner of all this Bay, Port, and rivers that the Portugalls ^- ^- ^^• 
hath, that runns out into the Bay, ther must of necessity be a Fort ^^^^ 303' 
made with tenn or twelve good Gunns, and One hundered English men No. 142. si 
constantly to bee there to examine all vessells that goeth in or out it 
beeing much out of command of our Gunns from this Fort ; Its a 
small Island that lyeth at the botome of this Bay cal'd by the 
Portuguezes Ilha das Pateias by Trumba, there is no Inhabitants on 
it, but belongeth to a subject of his Majesty on this Island. My Lord 
of Marlebourgh can give your lordshipp a large relation of it and how 
necessary it will bee to bee don, except which wee cann never expect 
any greate trade from the maine ; the Portuguezes demaunding 
Custumes allready of any thing that cometh hither, and maketh theyr 
owne rates, and can noe wayes bee remedied, except the said Fort bee 
there to keepe them under. 

HuMFREY Cooke. 
[ Endorsed.] 

23rd December 65. Received 19th February 667. 

Mr. Cooke. Bombaim. 

The Portugueez have protested against him for taking 
the Island of Maim which with his owne justification hee 
sends over : will keep it till his Majesties further Pleasure. 

Wrote to Antonio de Mello de Castro Viz^roy for the 
arrears of Rents received before possession was taken of 
the Island, but without Successe, hath settled the Civill 
Law there and among themselves the Martiall Law : no 
merchant lives there yet, requisite his Majesty send supplies 
yearly thither, the rents yearly coming to but 1,000/t., about 
50 of their men are dead, hath built a Platform upon which 
*" 18 ps. of cannon can play next the Sea : published to the 
Garrison his Majesties care of them, who will venture 
their lives in his Service, want pay for the souldiers this 
year : hearing of the warre with Holland and fearing 
they might attack the Island, sent to Sir George Oxenden for 
supplies, but hee had noe order from the Company to doe 
it, hopes out of his own stock to keep them tiU September 
1666 : fortified the House to the landward at small 
charge to his Majesty, hopes by September to receive 
supplies : detain'd the Chestnutt Pink for fear shee might 
bee burnt by the enemy and placed her under the Artillery: 
Want medicines much ; prays hee may returne home, 
recommends that his Majesty would build a Fort at the 
Isle of Pataires which belongs [to] a subject of his Majesties. 

Articles by which Bombay was delivered by Antonio de 

Mello e Castro, Viceroy and Captain General of 

GoA, TO Humphrey Cooke, 14 January, 1665. 

1st, The Island of Bombay should be delivered to the English 

Gentlemen with a declaration that whereas the other islands of the 

jurisdiction of Bassein have through the bay of the said island of 


Bombay their commerce, trade and navigation with equal right, 
liberty, and freedom the said English gentlemen shall never prevent 
or cause any impediment, nor levy any tribute or Gabell neither on 
the importation of salt or any other merchandize of those islands and 
countrys, nor on any other articles which may be brought there from 
abroad ; and it shall be free for all vessels loaded or empty to navigate 
from the said islands and countrys of the Portuguese or other nations 
that might come to them, and the subjects of the King of Great Britain 
shall not oblige them to make their first discharge or pay any thing 
in their Custome House, nor by any other means whatsoever, 
nor shall they for this purpose make use of any pretence because it is 
thus declared from this time for ever ; and they shall not only have 
good treatment and free passages to our countrys, but to those of other 
parts as they have hitherto been in the habit of doing. 

2nd. That the port of Bandora in the island of Salsette or any other 
of the island shall be impeded and all vessels from that port or ports 
and others coming to them shall be allowed to pass and repass very 
franckly, and the English gentlemen shall not all edge that they pass 
under their guns, because it is under this condition that the island is 
delivered to them and they cannot expect more than what is granted 
to them by the Articles of peace and the marriage treaty. 

3rd. That they shall not admit any deserter from our country, be it 
for whatever cause, nor shall they under any pretence whatever 
pretend to conceal or defend them, as this is the most effectual means 
of preserving .... scandalous practice and future injuries, and in 
case of any person going to them they are obliged to send and deliver 
him up to the captain of the time being of the city of Bassein, and 
because many Gentoos who have in their charge goods and money 
belonging to the Portuguese and other subjects of His Majesty by 
way of retaining the whole it may happen that they may come to 
Bombay and shelter themselves under the shadow and protection of 
the colours of the most serene King of England, the English gentlemen 
shall not only apprehend such people till they satisfy what they may 
owe, and on their not doing it within two months they shall deliver 
them up to the captain of Bassaim in order to satisfy the parties as it 
may be just and right. 

4th. That the English gentlemen shall not interfere in matters of 
Faith, nor will compell the inhabitants of the said Island of Bombay 
neither directly or indirectly to change their Faith or to go and attend 
their Sermons, and shall allow the Ecclesiastical Ministers the exercise 
of their jurisdiction without the least impediment, being a condition 
mentioned in the Articles of Peace, under which delivery of the island 
is ordered to be made, and making out any time to the country it is 
understood that the whole agreed upon and promised will be violated, 
and that the right of the said Island shall fall again into the Crown 
of Portugal. 

5th. That too the Fleets of the King of Portugal our master both 
ships of the line and the small oared vessels and any other vessels of 
his, will at all time be free to sail in and out of the said bay without 
the least impediment, nor will they be obliged to ask any leave, because 


by the reason of the other Islands and countrys belonging to him a 
part of the said Bay belongs also to him, and it is free to him to make 
use of it as his own without any doubt or question. 

6th. That all the inhabitants residing at Bombay as well as those 
who may have estates in the said Islands, when they should not like 
to reside in the said Island it shall be free to them to farm out their 
estates or sell the same on the best terms they may be able to obtaine, 
and if the English gentlemen should require them, it shall be for their 
just and equal value and not on any other terms, but if the English 
gentlemen should not chuse to buy them, nor the holders live in them, 
it shall be free to them to alienate the same, and untill thy do so, it 
shall likewise be free to them to enjoy and make use of the same as 
they have hitherto done without the least contradiction from the part 
of the English gentlemen. 

7th. That the inhabitants of the said Islands of Salsette, Caranjah, 
and Baragao, and of other places of our jurisdiction shall freely fish 
in the said Bay and River and in the arm of the sea which enters 
and divides Bombay from Salsette by Bandora till the Bay ; and the 
English gentlemen shall not at any time prevent them nor will they 
at any time and under any pretence whatever demand any tributes 
on this account, and the inhabitants of Bombay shall be allowed to 
do the same with the same liberty and freedom. 

8th. That the Curumbies, Bandarino, and the rest of the people 
(Abunhados a set of people bound to serve the Landholders) or in- 
habitants of the villages of one jurisdiction shall not be admitted at 
Bombay and on their or any of them resorting thereto, they shall be 
immediately delivered up to their respective owners, and same shall 
be observed with respect to slaves which may run away, likewise with 
regard to the artificers that may go from our countrys to Bombay, such 
as Carpenters, Weavers, Turners, Joiners, Caulkers, Sayers, Drillers, and 
Smiths, and any other they shall be immediately deliverd up ; and if 
the English gentlemen should at any time require those artificers they 
shall ask them from the captain of Bassaim, who will send them for 
a limited time, they keeping their familys in our countrys and on their 
being still wanted even after the expiration of the limited time they 
shall go and present themselves to the captain of Bassaim for the time 
being to whom the English gentlemen shall ask for them again, and 
know thereby that neither the capitulation nor the good neighbouring- 
ship, which we shall also observe, is not to be violated. 

9th. That in case any of the deserters should be willing to change 
his Religion and to the confession of the English gentlemen to prevent 
them being restored to us, the English gentlemen shall not consent 
thereto, and the same shall be observed on our part with regard to 
those that may desert to our countrys. 

10th. That although the manor right of the Lady the Proprietrix 
of Bombay is taken away from her estates if she lives in the Island, 
and they are not to be entermiddled with or taken away from her 
unless it be of her free will she being a woman of quality they are 
necessary for her maintenance, but after death, and her heirs succeed 
to those estates the EngUsh gentlemen may if they chuse take them. 


paying for the same their just value, as is provided in the case of other 
Proprietors of Estates, and should the English gentlemen now wish 
to take her houses to build Forts thereupon they shall immediately 
pay her their just value. 

11th. That every persons possessing Revenue at Bombay either by 
Partimonial or Crown Lands they shall not be deprived thereof except 
in cases which the Laws of Portugal direct and their sons and 
descendents shall succeed to them with the same right and clause 
above mentioned and those who may sell the said Partimonial or Crown 
Estates shall transfer to the purchaser the same right and perpetuity 
they had, that the purchaser may enjoy the same and their successors 
in the like manner. 

12th. That the Parish Priests and monks or regular clergy that reside 
in Bombay shall have all due respect paid to them as agreed upon, 
and the churches shall not be taken for any use whatever nor sermons 
shall be preached in them, and those who may attempt it should be 
punished in such manner as to serve as an example. 

13th. That the inhabitants of Bombay and the landholders of that 
Island shall not be obliged to pay more than the foros they use to 
pay to His Majestey, this condition being expressly mentioned in the 

14th. That there shall be a good understanding and reciprocal 
friendship between both parties rendering one another every good office 
like good freinds as this was the end of the delivery of this and other 
places, and the intention of His Most Serene King of Great Britain, 
as appears by the treaty made and entered into by and between both 

Given at Pangin, the lAih January, 1665. 

Letter dated 10th March 1676/7 from Charles II to the 
Viceroy of Goa repudiating Mr. Humphrey Cook's Treaty or 
Convocation of the 8th January 1665 : — 

Charles the second, by the Grace of God, King of Great Britain, 
France and Ireland, King, Defender of the faith, etc. To the most 
illustrious and most excellent Lord Lewis de Mendoca Furtado, Count 
of Lauradio, Viceroy and Captain General of the Indian Affairs and 
Dominion, under the command and authority of the most serene Lord 
Peter, Prince of Portugal, Regent etc. our very dear friend, sendeth 
greeting. Most illustrious and most excellent Lord Viceroy, our very 
dear friend— Our subjects through the East Indies excercising trade have 
lately preferred their complaints to us that they had experienced little 
of that friendly behaviour which tbey expected from the Portugese 
nation, but, on the contrary, had met with much worse treatment 
there than the treaty of marriage between us and our dearest Consort 
seemed to promise. In order to remedy this evil our intention is 
shortly to elucidate and explain the 11th article of that treaty 
conjointly with our aforesaid brother the most serene Prince of Portu- 
gal, by whose justice we doubt not our sovereign rights in the Port and 
Island of Bombay and their Dependencies will be vindicated from that 


very unjust capitulation which Humphrey Cook was forced to submit 
to at the time when that place was first transferred to our possession, 
which capitulation neither he, Humphrey, was empowered to come 
into, nor any one else to impose upon him, in contravention to a 
compact framed in so solemn and religious a manner. We therefore 
are determined to protest against the said capitulation as prejudicial 
to our Royal dignity, derogatory to cur right, which we hold in the 
higher estimation for coming to us in part of the dowery with our 
aforesaid dearest Consort. 

We shall signify to our abovementioned brother the Prince of 
Portugal, with how much displeasure we have learnt that our sub- 
jects going by sea on the prosecution of their trade into the dominion 
of the Great Mogul and Savagee (between whom and us a good under- 
standing exists, and who are not at variance with the Portugese, which 
obviates all pretexts for obstructing the free passage) are nevertheless, 
against the laws and customs of all nations, compelled to pay a tribute 
for sailing only through the open streights of Tannah as also for passing 
by Carinjah, though lying contiguous on the very waters of our said 
Port ; neither of which proceedings we can submit to ; nor do we doubt 
that the said Prince of Portugal will order to be refunded whatever 
has so wrongfully and so much against all precedent been exacted 
from our subjects, and besides other grievances which he will not fail 
to redress. That he will also take into serious consideration the affront 
offered to our person and the hardships and damages sustained by 
our subjects on account of the said island of Bombay, together with 
its dependencies, not being at first delivered to us faithfully and accord- 
ing to agreement as it ought to have been. In the mean time we have 
forbidden our subjects of the East India Company to submit to such 
arbitrary and unjustifiable exactions as paying the tributes at Tannah 
and Carinjah, which are not less inconsistent with our Royal sovereign 
right, than contrary to the laws and customs of all nations. For not 
even in the streight called the Sound on the coast of Denmark is any 
tax or toll imposed in an arbitrary manner, a moderate sum only being 
paid for lighthouses and beacons erected for the security of Naviga- 
tion ; nor was this even levied before treaties and stipulations had been 
made between Princes for that purpose; while our subjects are willing 
and ready to pay the customary port duties and charges respectively 
settled in different places (which they refuse not to do when they trade 
in any part of the Portugese dominions) we do not see with what right 
anything further can be demanded of them. We have therefore 
thought it proper to signify all these particulars to your Excellency in 
an amicable manner, both on account of your exalted character and the 
authority you are deservedly invested with in those countries, next in 
dignity to Royalty itself, as weU as in consideration of the great regard 
and respect which you profess for our person. Neither have we the 
least doubt that your Excellency will not only perform, to the utmost 
of your power, whatever is consistent with equity and with the 
aforesaid treaty; but will likewise, as occasion offers, treat our subjects 
with due benevolence, and act with readiness in whatever you may 
judge conducive to their service and interest. We, on our part, shall 
certainly be ready to render the like good offices to the Portugese and 
to all who are in friendship with your Excellency. 


And here we should have ended for the present, but that our 
aforesaid subjects have further informed us that the one half of the 
customs which are paid at Gombroone in Persia belong of right to 
them in the same manner as the Portugese receive them at Cong in 
the same kingdom. It has been usual among the European settlers 
in India to grant passports or letters of safe conduct to the shipping of 
the Natives (which are called Junks) in order to secure the navigation 
to Persia and to other ports on those coasts. But it has lately happened 
(in opposition to the aforesaid practice) that such passports have, by 
your ExceUency's direction, been denied to those that were bound to 
Gombroone. In consequence of which all those vessels were 
necessarily obliged either to proceed to Cong, or to expose themselves 
to dangers, which they are liable to who venture by sea without 
passports to Gombroone, where (as already observed) the English 
receive a moity of the customs. But as this unequel distribution 
of passports not only seems to indicate a sort of ill-will to the English 
nation, but to carry with it an appearance of injustice, and might very 
reasonably provoke our aforesaid company of merchants to commit 
retaliations ; we therefore most amicably and most earnestly request it of 
your Excellency to withdraw that prohibition and all other order what- 
soever delivered for that purpose, as repugnant to the aforesaid treaty 
of marriage, of which the principal and most essential intention was to 
unite both nations in the strictest bonds of friendship and to engage 
them to treat each other with the most brotherly affection and goodwill. 
This shall always be most cordially observed on our part and we 
hope will in like manner be observed on the part of your Excellency, 
whom we finally recommend to the protection of the Almighty. Given 
at our palace of Whitehall the IQth day of March 1676-7. 

Your Excellencys good friend, 
Charles R. 

To the most illustrious and most Excellent Lord Lewis de Mendonca 
Furtado, Count of Lawradio, Viceroy and Captain General of the 
Indian Affairs and Dominion, under the command and authority 
of the Most Serene Lord Peter, Regent and Prince of Portugal, 
our very dear friend. 

Though Dom Pedrode Almeida, who succeeded Lavrado, 
treated Charles' letter with scant respect, it cannot be denied 
that his arguments were based on the solid foundation of 
universal practice. Charles' Government showed the same 
culpable ignorance of geography as Clarendon had done, and 
his repudiation of Humphrey Cooke's Treaty after an ominous 
silence of twelve years makes us suspect the validity of his 
claims, and the sincerity of his purpose. Almeida's reply was 
as follows : — 

" The Count de Lavradio, whom I have just succeeded as 
Viceroy, has handed me the letter your Majesty was pleased to 
address to him, regarding the question the Mandovis of Caranja 
and Thana. The Moors give the name of " Mandovis " to what 


we call Custom Houses. Caranja was always the Custom House 
of the whole terra firma, and Thana of part of the Galhana and 
Bumdi terra firma of the Moors, and Bombay of the district where 
everyone pays taxes in the form of the ancient " foros " of the 
time of the Moorish dominion ; and, as the vassals of the Prince, 
my master, are not exempt from the payment of duties in Bombay, 
it does not seem right that the vassals of your Majesty should be 
exempt from paying duties in my Prince's dominion. As regards 
the " passes ", we issue them to the Moors and Natives in the 
usual form." The letter was written on November 11, 1677. 

In the following paper, we get a glimpse of the internal 
condition of India. The references to Sivaji are interesting, and 
Aurangzebe's untiring energy is the source of endless plots, 
intrigues, gossips, and wars. 

India, November 1666. 

Since the Africans and St. Georges departure there hath been Public Re- 
noe Conveyance from hence to Persia, nor 'tis thought will this cord Of6ce, 
yeare, for all these parts of the World are Imbr oiled in war, as much C. O. 77, 
as Eroupe ; the Persian King hath entred for certaine above 500 miles X^o gi ' 
into this King's Countrey, hath had two notable victories over 
Oranzeeb's army, and taken the great City of Caubell, in soe much that 
Oranzeebe hath throwne of his Dervis Coate, and gone with a vast 
army in person against him. The rebell Savaged* some 10 moneths [* sic for 
Since yeilded himselfe a prisoner unto Rajah Jesson, on conditions Savagee = 
that his life should bee secured, but at his appearance before the King, Sivaji.] 
hee would have had him cutt in pieces, on which Rajah Jesson 
Solemnly Swore unto the iCing, that if Savaged died hee would Kill 
hi^uselfe immediately in his presence, after which the King Spared 
his life, but committed him prisoner into the charge of Rajah Jesson's 
Sonne, who with his father having given their word to Savaged that 
hee should bee treindly dealt withall in case hee would Submit to the 
King, (for they could never have compelled him to it) and they finding 
the King contrary to his word endeavour to break their promise, 
took it Si -e hainously, that the Son with the father or through his meanes 
gave Savaged opportunity to escape ; After notice of which coming 
to the King's eare, hee in a rage discarded the Rajah's Son who 
Comanded 6000 horse, and posted Rajah Jesson himselfe with a great 
Strength to fetch him againe, in which time the King of Persia entring 
his Countrey, hee recalled the Rajah againe ; and 'tis credibly reported 
in Surat that hee hath refused to come, and really thought that having 
for the most part Esduesf in his army, hee will prove a mortall [f sic ? a 
enemy to Oranzeeb : Alsoe Savaged 's coming to Surat is much feared copyist's 
againe, insoemuch that report hath given him Severall times to have « c^ntues."] 
been within a day or two dayes journey of the place, which hath 
caused Sometimes 5 or 6000 to pack up their Aules and run out of the 
towne, and when another report hath given the first the he, then they 
have crept in againe, but if he comes 'twill bee when the ships arrive 
from Bussora. 


Public Re- The report goes here alsoe that Sultan Suza Oranzeeb's elder 
C*'*^o^^77' ^^ot^^'" ^^^ ^^§ °^ Bengalla residing in the Persian King's Court, was 
Vol. x'*^® cheifest instrument of his coming into this Country, and that hee 
folio 61. is in person in the army. As alsoe that the King of Golgundaugh 
and the King of Vitchapore are preparing to goe upon Oranzeeb's 
back : We have had noe certaine newes out of the Gulfe of Persia this 
yeare, onely a small vessell from Musckatt, and they on her have 
reported that the Bashaw of Bussora was routed by him of Bagdat, 
that Bussora was wholy taken, and the towne on conditions redelivered 
againe to the Arab, and that the shipping were as high as Cape 
Bardestone, when understanding the trouble there they beat it back 
againe for Cong and that after the Bashaw of Bussora sent to Cong 
and invited them thither ; and more the King here hath sent downe 
positive order that noe ship whatsoever shall bee suffered to goe into 
the Gulfe of Persia, as wee heare that the King of Persia hath 
stopt all the Junckes belonging to this port, which is the reason that 
they have had noe conveyance for their overland packett : here hath 
not been yet the least newes of a Dutch ship this yeare upon the Coast 
and 'tis certaine that the Dutch will not give a passe for any vessell 
to goe downe the Coast of India, by reason they will not have newes 
brought to Suratt of their bad succes : Wee heare here that they have 
lost Cucheene to the Natives ; Wee heare for certaine they have not 
had a ship from Europe since the war began, they have not bought 
a penny worth of goods this yeare in India ; they have called all their 
ships from all parts whatsoever to Batavie, and how they fare there- 
abouts wee know not, but 'tis Supposed that the Longhaired China 
men with others are on their backes. 

In Sir Gervase Lucas' Despatch, printed below, Mr. Cooke's 
administration is denounced in scathing terms, while the "false 
dealings " of the East India Company are exposed in no measured 
tones. Lucas was an able and energetic administrator, and 
could not tolerate the culpable administrative methods of 
Cooke. The Jesuits, too, had begun to give trouble, and the 
miserable Governors found themselves harassed on all sides. 
The conflict between the servants of the King and those of the 
Company ought to have been foreseen by Charles' Government. 
The mutual recriminations in which they indulged were most 
unfortunate at this juncture. The Portuguese were only too 
glad to take advantage of these bickerings, and we are not 
surprised to find the original treaty interpreted with all their 
accustomed ingenuity. Nathaniel Heme's defence of the Com- 
pany should be compared with Lucas* Despatch. 

BoMBAiM 2nd March 1666/7. 
Public Re My Lord 

cord Office, x^e East India Companies Factory deales so falsely here in all 

Vol X II *^i^SS concerns his Majesties Interest in these parts, that it is not 

folio 273. ' possible for the most vigilent Person in the World to meet their 

motions at so great a distance as Bombaim is from Surat, and in a 

Country where is no better way of sending Dispatches, then by lazie 

[Coppie, the original was sent by Ensigne Thomas Price.] 


Footmen, which is the reason this I have now sent my Lord Arlington Public Rc- 
came two dayes to late to passe upon the Compaines Ship Returne ; r'^^o^^T?' 
which I ever fearing, put his Majestic to the charge of sending 2 vqI. xii', 
Pacquetts of the same tenour the 30th November by way of Persia, folio 273. 
which I hope will arrive so timely at Whithall, as may free me from 
beeing thought growne either lazie or negligent in his Majesties 
Service. I have at large in those dispatches, and this now sent to my 
Lord Arlington, given my opinion which is the best way to Strengthen 
this place, and advance his Majesties Interest at least charge to his 
Majestie, and cannot add any thing to it ; but that here is great resort 
of Bannians, who are the Merchants of these parts, who desire to build 
houses in this Island, in expectation his Majestie will order the Trade 
of these parts to this Port : which is the best harbour where Shipps 
may enter and ride safe all Seasons. 

At my arrivall here I found Mr. Cooke very weary of his imploy- 
ment, haveing just at that time, run as Farr as his Majesties Treasure 
would inable him : and if not so seasonably relieved as by my arrivall ; 
it had been very hazardous how his Majesties Island and people had 
been disposed of : for he had, by his imprudence and bribery, lockt 
himself e up from justly advancing his Majesties Revenue : 250li. 
of which money he had received I have paid back againe, on purpose 
to redeeme his Majesties just Title to Fishing in the Salt waters, 
which cannot propperly belong to any other, beeing under protection of 
his Majesties Gunnes and cannot bee defended without them. I have 
taken it into Custodie, and hope to make 300li. a yeare of it. And some 
other duties, which through the corruption of the Portug'ueze Officers 
have been unjustly detained from that Crowne a long time. His 
Majestie and the Queen wiU have loud Outcries against me from the 
Jesuites, Barnardine de Tavora and Igius de Miranda, which 3 have 
almost the whole Island of Bombaim in their possession, with the 
Fishing in Salt water, and power of Tribute over the People, power 
of punishment, imprisonment, whipping, starving, banishment ; 
all which since my arrivall, I have secured the Inhabitants from, 
allowing no power to any to punish but by order of his Majesties 
Governour upon the place, or by such Justice of peace as are appointed 
by the Governour ; which hath put the whole Island into a secure 
and quiet Conditione as to their persons and Estates : and I dare 
Confidently aver to your Lordshipp his Majestie hath not in all his 
dominions a more obedient, peaceable and easie to be governd people 
then these, except the Jesuites and the other two, who have tiU this 
time governd the people, and lived by the rapine and spoile of the 
Inhabitants : and therefore I hope their complaints will not be able 
to obstruct my endeavours justly to advance his Majesties Revenue ; 
nor wiU it seeme unreasonable to you, when their complaints come 
before you, to returne them to the Governour of the place with his 
Majesties command to doe them Justice, which if reason will satisfie ^ 

them, they now have : 

For my Lord, I wiU never give any thing under my hand at 
never so great a distance that is not truth : and for all those Lands and 
Royalties they have rob'd the Crowne of Portugall of, and have long 
enjoyed, there is not one of them can produce the Kings hand and 
Scale, and yet they will pretend they are alienated from the Govern 


Public Re- ment without power of revocation, I am altogether ignorant of the 
r*'^*^o^^77' '^'"ti^^^ ^^ Surrender of the Island to his Majestie except the 11 Article 
Vol XII which reserves nothing to the Inhabitants but the free exercise of the 
folio 273. ' Romane catholique Religion : and in terminus gives the King all Right, 
Title, Interest, power and dominion which the King of Portugall had : 
and I hope in time to discover it to be of more advantage to his 
Majestie then wee yet know ; and therefore it is necessary, I have a 
Commission sent mee, under the great Scale, of a larger Tenour, as 
power to let Leases in his Majesties name for certaine yeares or Lives, 
as his Majestie pleases, and to constitute and appoint all civill Officers 
and Magistrates for the decission of Controversies arising among the 
people, which they hourely trouble me in. I have at large acquainted 
my Lord Arlington how I parted with Mr. Cooke about his Accounts : 
and sent his Lordshipp a short abstract of them : by which, when Mr. 
Cooke arrives at Whithall, his Majestie and Councill will see in breife 
the disbursments of all his Majesties Treasure since Sir Abraham 
Shipmans setting forth till my arrivall here the 5th November 1666. 
I have received of Mr. Cooke 1700 and odd pounds which I have given 
my Lord Arlington an account, and I cut him of 1300/t. he pretended 
his Majestie was indebted to him : all which your Lordshipp will see in 
my Lord Arlingtons Letter now sent him. I send for more security 
of his Majesties haveing intelligence from this place a Person who came 
out of England with Sir Abraham Shipman, and hath been upon the 
Island ever since his Majestie had possession of it, Mr. Price an Ensigne, 
a very sober man, and is able to give so good account of the place that 
his Majestie may take a better measure by his relation of his Majesties 
Interests in haveing this Island then by Letters can be given his 
Majestie. I am providing Lyme, Stones, and Timber for Fortifica- 
tions : but cannot begin the worke till either his Majestie send us a 
recruite of money, or Tiade Ships, whose customes may answer the 
same : For the monethly charge of the Officers and Souldiers comes 
to 206li. 7s. 6d. besides my allowance, and the charge of materialls 
for the worke and other contingencies are at present very great. I 
will use my utmost endeavour if his Majestie will give mee leave 
to advance his Revenue on this Island as much as I can towards the 
defraying the charge of the place which would not be very great if 
his Majestie had ended with the Dutch, the Fortifications raised, and 
Trade setled : I dare say it would yeeld his Majestie a better Revenue 
then now it costs. I have according to the Order your Lordshipp 
gave me when I last kissed your hand, drawne 3 Bills of Exchange 
upon my Lord Treasurer for 1869^^. 3s. 8d. for value ISOOli. received 
of Sir George Oxinden and Companies Councill at Surat : by which 
your Lordshipp may see the great losse his Majestie is at by sending 
Bills of Exchange or Letters of Credit into these parts. I have 
acquainted my Lord Ashley Cooper with it and any one of the Bills, 
beeing satisfied the other two are null. 

I am endeavouring to get 20 Horse upon the Island which were 
of great Advantage both to his Majesties Service and security of the 
place. I hope his Majestie will not be offended at it : since there is no 
gocd corespondence to be held from the severall parts of the Island 
without them. My Lord there are many Troubles and difficulties 
I am engaged in betwixt his Majesties just Right and some of these 
peoples pretences in point of Title to those Estates they possesse : I 


hope I have Credit! with your Lordshipp to beleeve me so modest Public Re- 

and just, and so well to understand the Honnor, as well as Interest ^^^-^^^^^' 

of his Majesties Government in these parts, that I would not by force y^ j x 1 1' 

violate any man's just Title : and of the contrary, I will no more loose folio 273. 

a penny I can discover that is due to his Majestic, then I will part with 

my eyes : I have good reason to beleeve I shall this yeare increase his 

Majesties Revenue to some considerable advantage, and if I live the 

next yeare more, and resolve not to give over till I have made the 

soyle of the whole Island pay his Majestic Rent. "What recruit es of 

Stores and moneyes we want Ensigne Price hath Lists of and wiU 

acquaint your Lordshipp with them. I hope his Majestic and Councill 

will consider that more then the Revenue comes to must bee supplied 

by his Majestic which if he please to send in Commodities, would 

turne to better account then Letters of Credit : for as they value 

money here, his Majestic pays above 40 per Cent for Exchange : I will 

tiot in this longer trouble your Lordshipp then whilst I begg your 

pardon for this tedious trouble, and as in duty bound subscribe my 


Your Lordshipps most obedient 
and humble servant 
Gervase Lucas. 

[ Endorsed. ] 

Duplicate of Sir Gervas Lucas' letter to Lord 
Chancellor March 2d. 1666/7 touching the 
fishry and the King's Lands. 

[ Title inserted on first page : — ] 
Letter from Sir Gervais Lucas to the Lord Chancelor. 

May it please your Lordship Public Re- 

According to your Lordships command, we herewith send you c. o. 17, 
our letters to our president at Surrat, and our Agent at the Fort, Vol. X, 
in favour of the French. We have in several former letters recom- *o^io 88. 
mended the same, and have an account from them, that they have 
on all occasions acted towards them as became them, and consonant 
to our orders, although the French have not been so candid towards 
us : For at Surrat they insisted very high to have our Ships strike to 
theirs, which our President fairly avoided. And by our last letters 
from Fort St. George, we have advise from our Agent, that the 
French General had seized two boats loaden for English accompt ; and 
the Ship Ruby and her lading belonging to Mr. Jearsey, one of our 
Factors, and refused to restore the same, notwithstanding our Agent 
addressed to him to that effect. We therefore pray your Lordship 
would obtain for us letters to their Officers, that they may give noe 
occasion of future differences, and to restore the Ship and Goods taken : 
that so the desired amity may be preserved intire on their part, as it 
shall be on Ours. 

We remain, 

My Lord, 
Your Lordships most humble Servant 
Nathaniel Herne. [?] Deputy. 
East India House London 
23rd August, 1673. 


[A ddressed.] 

For the right Honoble. the Earle of Arlington 
his Majesties Principall Secretarie of State 
These present 


August 23. 73. 
East India Company. 

The above account of the crooked devices, and devious 
methods of Mr. Humphrey Cook, whose subsequent conduct 
confirms honest Lucas' trenchant analysis of this adventurer's 
character, should be compared with the following narrative. 
Lucas paints the picture in sombre colours, but it is a faithful 
representation of reality ; Wilcox describes in modest language 
the work he had accomplished. This is the first account of the 
system of Justice established in Bombay. 

The following elaborate Report of the establishment of a 
Law in Bombay gives a very good account of Bombay. George 
Wilcox was appointed a Judge on August 8, 1672. (Bombay 
Council to Surat, July 12, 1672. Selections.) The Directors 
sent out the Statute Book and other law books in December of 
the same year, and Wilcox framed a rough Code of Civil Procedure. 
{Forrest's Selections, I, p. 64.) Portuguese Law was superseded by 
the English Law, and Wilcox was kept fully employed. He died of 
fever on August 9, 1774. A glance at the list of " Fees belonging to 
the Court " shows that justice was fairly cheap, though, of course, 
it was rough and ready. Bombay was divided into 3 hundreds, 
the hundred of " Bombay, of Maym, and Mazagon, each hundred 
to have a Justice of Peace and Constable." The Judge's salary 
was "pitcht upon Rs. 2,000 annually, and that to be paid out of 
fines, provided they were sufficient ; if not, to be made up out 
of the treasury." This modest amount seems to have satisfied 
him, as the island was poor, and the pay of all officers, as " Clerks, 
Tipstaves, Messengers, Interpretors of the Portugal and Canary 
languages, and all charges belonging to the monthly sessions " 
was paid by him out of the fines. The "order of going to the 
Court of Judicature " is quaintly described, and a full report is 
supplied of the worthy Governor's eloquent speech on the EngHsh 
Law. It must have been an imposing ceremony, relieving the grey 
monotony of disease and poverty. He put down several drinking 
houses, and seems to have given general satisfaction. 

^^lic Re- According to the Governors command, I have drawn up a 
w)rd ^Office, narrative of the establishment of the Law on the Island Bombay, as 
Vol. XII,' i^ ^s now setled, and confirmed by him, since his coming upon the 
Folio 136. ' place which is as followeth. 



The watchful eye of our Honble. Governor being alwaies open ^¥^*UJ^®" 
to behold the things that belongs to our Peace, could never be satisfied, c* q 77* 
but in the prospect of that, which he hath now accomplished, to which v o i. X 1 1,' 
end, after a most dangerous voiagefrom Surratt, it pleased the Almighty folio 186. 
that he arrived safe amongst us, signifiing, though wee should be 
blest, yet it must be with difficulties. No sooner had his foot toucht 
our shore, but God toucht his heart, a fast was imediatly proclaimed, 
and kept, next a Proclamation issued out against the breach of the 
Sabboth profanness, drunkenness, and uncleanness, this rejoyct us at 
hoping when God was in the beginning, a blessing would be in the 
Conclusion. Having done this, divers petitions were brought in by the 
severall Cast for establishing the English Laws, upon which, his Hour, 
ordered me to bring in the forme and method of proceedings in a Court 
of Judicature, and the manner of setling al things as near as possible, 
according to the Custome, and constitution, of England, which having 
done in three several papers, he was pleased to issue forth his 
Proclamation for abolishing (from and after the first day of August 
next) the Portugal laws, and for establishing the English, and likwise 
to make void al Comissions of the Peace in the Portugal hands. The 
forme and method then offered is as followeth, vizt : 

A Summons to be left by an officer appointed for that purpose 

at the house of the Deffendant. In case of non appearance, Oath to 

be made in open Court that the summons was served by the 

Forme of the Summons. 

By vertue of an Action of trespass in the Case - damages 

at the suit of you shal summon to appear at the 

Guild Hal of this Island on and in case of non 

appearance by his Atturney the Court will proceed to Judgment on 
evidence of the Plantiff. 

The next Court day after summons the Plantiff to give in 

Two Court dales after Declaration to come to a Tryal, without 
sufficient cause shewed to the Contrary. A Court to be held every 
weeke if there be occasion. 

Officers belonging to the Court. 
A Judg, Councill, Clerk of the Papers, Tipstaffs and Clerks, 
besides Jury men. 

Fees belonging to the Court. 



Summons and sealing of it . . 


: 00: 

Entring the Action . . 

: 06: 

Messenger for serving the summons 

: 12: 

Councillers fee 



Drawing a Declaration 



Swearing wittness 


Summoning a Jury . . 



Jurys Verdict 






Joyning issue . . 



Entring Judgment 



Taking out execution . . 




Public Re- The party imprisoned if he hath a vissible estate, and wil not 
cord Office, make sale of it towards paiment of his debts in six months time, sale 
Vv , V T T shall be made for him and he released. 

Vol. XII, 

folio 136. j.^^ second paper was reasons for selling an office for proving of 

wills and granting Administrations, which are as folio weth. 

The Law cannot have its current without this Establishment and 
what law can take hold of an executor, without he takes upon him the 
Execution of the wil, an executor in a wil is only nominal, 'tis the 
Probate makes him Legal. 

If the Testator dies in debt, no Creditor can sue his Executor 
without he takes upon him the probate, should any bring an action 
against him ? how would he giound his Declaration, it must ly either 
as an Executor or Administrator, how can that be when he never did 

This settlement quiets the mind of al people they being in a 
capacity to recover their own. An Executor taking upon him the 
execution of a will has as much power to sue any man, as any man 
has power to sue him, here the laws has its current, and every man 
will injoy his right, and without this the best part of the law signifies 

Officers in the Office. 

A Register, Gierke, and an Appariter. 

Fees to he taken in the Office. 

Rs. Pice. 

The Probate and seale and swearing an 

executor . . . . . . . . . . 3 

Ingrossing of a wil . . . . . . . . 1 

For Registing it . . . . . . . . 1 

This to the Register, and he to pay his Clerks 

and to be at al charges etce. 

For an Administration and Seale . . . . 6 

Entring a Caveat . . . . . . . . 

For warning a Caveat . . . . . . 

For Coppiing a will . . . . . . . . 1 



The Register to be at al charges in the Ofi&ce for Pen, Ink, Paper, 
and bookes. 

Al wills to be registed and bound up, and to be kept as records 
in the office, and the original wil to be there also. 
Bookes to he in the Office. 

A Booke of Probates, Administrations, Caveats, and a Calender, 
these to be renewed every Yeare at the Charge of the Register. 

Al Inventoryes to be brought into the office, or the parties to be 
fined. The reason for this is because if Inventories are not brought. 
Estates wil be concealed, and so Creditors wil be defraued [sic 
? defrauded ]. 

The Charge of an Inventorye is two rupies a length, it being twice 
writt over, one for the partie, the other to remaine in the office. 


An account to be likwise brought in the charge the same with Public Re- 
the Inventory. c o 77'. 

The third paper was the manner of keeping a Sessions, ^'"^Yy^\^^^' 
dividing Bombay into hundreds which is as following vizt. 

Bombay to be devided into three hundreds. The hundred of 
Bombay of Maym and Mazagan each hundred to have a Justice of 
peace and Constable. A vSessions to be held every month, the Justices 
of every hundred to be there. The place Bombay and the Sessions 
to be kept where the Court of Judicature is kept, upon every complaint 
made to the Justices they to issue out their warrant, the crime to be 
incerted in it, the Constable to serve the warrant, if possible the Justices 
to make freinds, if not to binde them over to the Sessions taking 
security for prosecuting and appearing, sending the examination to the 
Clerk of the Peace, and he to draw up an Indictment, if no security can 
be found the partie to be sent to the Gaile til next Sessions, there to 
be heard before the Judg and Justices. 

Two prisons to be ordered, one for debt, the other for felons, both 
to be in Bombay and the prisoners of each hundred to be brought 
thither by the Constable. 

A sufficient Person to be chosen Keeper of the prison, he to put 
in security to the Judg against al escapes, and he to pay the debt of al 
escapes and to be recovered by Law. 

Upon al escapes of felons and murders, the Keeper to be imprisoned 
and to be severely fined. 

Officers belonging to the Sessions. 

Clerk of the Peace, Clerks and Cryer and Interprotors. 

A Constable to serve but one yeare, a new one to be chose every 
Easter Mundy by the major Voices of the Inhabitants, he to be 
sworne at Sessions, every hundred to chose their own Constable, and 
no Constable to serve any warrant but in his own hundred. 

Church wardens to be annually chosen and sworn at the Sessions, 
they to see al people come to prayers mornings and Evenings, al 
defaulters to present them at the Sessions, as also al drunkenness, 
swearing, uncleanness and other Debaucheries that they may be fined 
according to their Crimes. 

Overseers of the high waies to be annually chosen, they to act as 
neare as may be according to Law, Custome, and Conveniency of 
the place. 

A Register to be made, to Register al mortgages, Sales, Deeds, 
Conveiances and alienations, &c. 

A Coroner to be made to enquire after al murders and casual deaths, 
and to retourne them into Sessions, he to be an able man. 

This method of law and Government thus delivered, was fully 
and freely debated where the Governor was pleased, weighing every 
particular with the Council, to approve of the whole, and ordered that 


Public Re- the Island should be Govern'd according to this forme, and that 

cord Office, every one should give obedience therunto. 
C. O. 77, ■' ^ 

foUo 136. ' -^^^ Honr. after this, fel upon the choise of fit persons to act 

in this great and weighty affair ; where like a prudent and wise Senator, 
he discoursed very excellently upon the office and place of a Judg, 
declaring that a person qualified for that imploy should be prudent, 
knowing, grave and upright in his life and conversation, desiring, 
that they would likwise consider, that the honor of our English nation, 
depended upon the Choice of such a person, this being so wel per- 
formed, and he having received such satisfaction from the method 
brought in, was pleased to nominate me to officiate as Judg. I was so 
surprized : Knowing my inabilities to undertake so great a charge, 
desired his Honr. to make Choice of another, whose parts were more 
able to perform so great an imploy, but the whole Council approving 
of the Choice, imediatly voted me to stand, ordering that I should 
fit and prepare my self against the time appointed, and likwise find 
out a house where the Court of Judicature should be kept. 

The next thing that offered was setling the office for proving of 
wills and granting Administrations, the Governor was pleased to 
conferr that upon me which I accepted as having been breed thre[e] 
years a Clerk in the Prerogative Office. His Honr. after this endeav- 
oring to leave nothing undone, that might make the place happy, 
produces the Honble. Company orders for setling a Register, for 
Registring all Mortgages, Sales, Deeds, Alienations &ca. which 
Registry I have also accepted as belonging partly to the law, as likwise 
the establishing a Court of Conscience. 

This being done, the Governor and Council tooke me off of al 
manner of trade and commerce appointing me wholy to the study of 
the Law, and to spend my time in reading such bookes as might 
advantage me to performe my duty in so high a place. 

This disinabled me from improving that litle stock which was 
spared from my wife and Children, I must be no merchant, so that I 
can neither serve your Honr. in trade, nor advance my fortunes by 
commerce, I can expect no riches but what my salary wil make, and 
truly 25i. per Annum wil be but litle. A penny improv'd may turn to a 
pound, but when that is denied it will be just like the mans talent in the 
Gospel, it was the same when he tooke it out of the ground as when 
he put it in. This applied wil be just as I came out, so I returned, 
I hope I shal not gaine your Hours, displeasure by this, I humbly 
throw my self and consernes at the Honble. Company's feet, not 
questioning, but if any thing be done to make myself and family som- 
what happy, their Honrs. wil not be displeased with it, especially 
when their interest is no waies prejudiced. 

My salary came next in debate : which before any thing like a 
proposal came, Several things were offered, it was thought convenient 
I should keepe house, and my Table should be so furnished, that their 
Honrs. should have creditt, and strangers entertainment, this tooke 
up some time, for the Governor debating the Honble. Company's 
interest, tooke care they should not be charged, yet something was 
to be done, that a creditt might go along with this new setlement, 


and it was agreed, that I should have an esteem put upon me by living ^^^^^r^^' 
somwhat answerable to my place. Things standing thus, a sume ^ q 7?! 
was pitcht upon, which was 2000 rupies annually, and that to be paid vo i. X 1 1,' 
out of fines, provided, they were sufficient, if not, to be made up out folio 136. 
of the Treasury, this past with some litle difficulty, because your 
Honrs. were wholy considered, before the Sume was concluded. 
I hope as the law has a repute upon the place, so it wil not be chargable 
to your Honrs. the Island is so poore, that forma pauper have been 
most of our Clients, but hitherto all Officers as Clerks, Tipstaves, 
Messengers, Interpretors of the Portugal and Cannary languages, and 
al charges belonging to the monthly Sessions, have been paid by me 
out of fines ; As to my self, I had rather have your Honrs. favour 
with a litle, then abundance, with displeasure, but question not, as 
the Inferior Officers have their being from the Law, my self wil not be 
excluded. This being so, I humbly beg, that what hath past, your 
Honrs. wil approve, and that your great wisdomes wil be satisfied, that 
nothing was done, nor acted, before your Honrs. concernes were 
debated, which being truly considered, I am verily perswaded, that 
where your servants are made happy through honest meanes, your 
Honrs. wil rather encourage them, then be dissatisfied. 

The first of August drawing nigh, the President &ca. Council 
thought fit; that so great a day, should not pass without somthing of 
honor, for had there been no solemnity with this Change, the Peoples 
disesteeme of us, would have been greater then their satisfaction. 
Meddals were ordered to be made and flung among the people, and 
this to let them see, that what was done, could as wel be rriaintained. 

The managment of this great business, was wholy left to our 
prudent and Worthy Governor, whose great wisdome appeared in 
this, that there was so great a Grandure with so Httle expensis. The 
day being now come, and every one in a readiness to attend the 
Governor, there fel so prodigious a quantity of raine, that his Hour 
was forct to put of the solemnity til the eight day. The order of our 
going to the Court of Judicature, and the works of the day be pleased 
to take as Followeth, vizt. 

Fifty Bandaries in Green liveries marching two by two. 

20 Gentues ") 

20 Mooremen }■ each representing their several cast or sect 

20 Christians J marching two by two. 

His Honrs. horse of State lead Dy an Englishman. 

Two trumpets and Kettle Drums on horse back. 

The English and Portugal Secretary on horse back carrying his 
Majesties letters Patents to the Honble Company and 
their Comission to the Governor tyed up in scarfes. 

The Justices of the Peace and Council richly habited on horse 

The Governor in his Pallankeen with fower English pages on 
each side in rich liveries bare headed Surrounded at 
distance with Peons, and blacks. 


Public Re- The Gierke of the Papers on foot. 

C. o. 77I The fower Atturneys, or Common Leaders on foot. 

f^ii^is^^^' '^^^ keeper of the prisons and the two Tipstaffs on foot, 

° ° ' bare headed before the Judg. 

The Judg on horse back on a Velvet foot cloath. 

His Servants in Purple serge liveries, 

Fower Constables with their staves. 

Two Churchwardens. 

Gentlemen in Coaches and Palankeens. 

Both the Companies of foot (except the main Guard) 
marching in the Reare. 

• [sic] The whole as aforesaid marching through a guard of the militie* 

into the Bazar neare two miles in circumference, came to the 
Guild Hal, where the Governor entring the Court, tooke the Chaire, 
placing me next to him on his right hand, and the Gentlemen of the 
Council and Justices tooke their places accordingly. Proclamation 
being made and silence commanded, the Gierke of the papers read 
his Majesties letters Patents to the Honble Company for the Island 
Bombay, then the English Secretary read the Gompanys Gomission 
to the Governor, which being done, he was pleased to give me my oath 
as Judg, as also my Gomission, which was likewise read ; afterwards 
I swore the several Justices of the Peace, the Governor giving them 
their Comissions, which were also read ; next I swore the Publick 
notary and Coroner, then the Clerk of the Peace swore the Church 
wardens and Constables, and their staves were delivered to them by 
the Governor, with a charge to execute their respective offices and 
places honestly and uprightly, after this the Governor standing up 
(and the Court also rising) was pleased to make a most excellent speech 
in commendation of the English laws, which afterwards was Inter- 
preted to the Portuguess in their own language by the Portugal 
Secretary, the speech is as folio weth. Vizt. 

My Worthy Countrymen, and you al good subjects of his Sacred 
Majesty and of the Honble Company. It is not unknown unto you 
that the first of August was Intended for the celebration of this 
solemnity, but it pleased God to send on that day and time soe great 
and almost prodigious quantity of raine, that I was forced to suspend 
it to this day. It seemes providence thought good to order some 
great and extraordinary accident to attend so great and extraordinary 
a worke, to render it the more remarkable to the advancement of his 
Glory ; And seing it is now soe happely performed, I cannot doe less 
then in soe solemne a day of Joy to close up the Ceremony with a few 
words of consolation and advice. 

In al great and publique alterations of Laws or Government wise 
men have observed that the minds of the People receive Impressions 
of satisfaction or disgust, according as their passions or Interests doe 
Incline them to like or dislike the Change. 

I nothing doubt but in a body composed of soe many Casts of 
people as are on this Island, some though very few disaffected persons 
may be found, who more in regard to their owne ends then to the 


publique good, doe privately wish this change had not bin, but that Public Re- 
the old Custumes had bin continued. However in the maine I dare ^^'^^o *^^77' 
boldly affirme, that the best and most sober part of al the several y'o | 'xil* 
Inhabitants, nay even of the Portuguess themselves are exceedingly folio 136. 
satisfied and receive the establishment of the English Laws with much 
assurance of happiness and security therfrom. 

Two things have caused some admiration in the minds of wise 
and considering men, as wel among our selves as of our neighbours. 

First why the English having had possession of this Island now 
seaven years have not in al this time governed by their own laws. 

Second why this Port and Island hath not thriven in trade 
and repute according to expectation, seing the English are knowne 
to be a nation soe happy and succeedful* in their enterprizes, that • Isic] 
wherever they plant their foot, through the blessing of God on their 
Industry, Trade and riches doe attend them. As not only India but 
most parts of the habitable world can beare them wittness. 

To the first consideration I shal say nothing at this time ; But 
to the last I am free to declare my Judgment. That the only cheife 
reason why this Island Bombay hath not increased in trade and 
splendour, hath bin for want of the English laws. But in this my 
assertion I would not be misunderstood, for I speake not this in 
derogation of, or dishonor to the Laws of the Kingdome of Portugal, 
for I know and declare them to be excellent wise and pious Laws, But 
as it is manifest that all Countrys and Kingdomes are Governed by 
Rites, Customes and constitutions in the Execution of the Laws 
peculiar to themselves, soe tis an undoubted Maxime that those 
constitutions may stand with the good and Publique benefit of one 
nation which wil not square or beare proportion with the Interest of 

This is the true State of the Case with us. The English Interest 
on this Island Bombay I may well compare to an hopeful Child fed 
with forreigne milke ; which not agreeing with its natural constitution, 
hath hindered its gioweth, and increased evill humors ; But now being 
restored to the breasts of its own mother, there is no question, through 
the Providence of God, it will in time grow in Stature, good fortune 
and in favour with God and man. 

And we may reckon the series of its good successe from the 
commencement of this happy day, I say this happy day, for it is a 
day of Joy and no mean consolation ; A day of praise to God, and 
which wee ought to have in remembrance, and truly amongst many 
blessings which the Divine hand hath pleased to conferr on me ; I 
owne this with a just devotion as a most remarkable providence over 
me, that God hath preserved me to this day to be a faithfull though a 
mean Instrument of soe good a worke. 

Formerly the name of the English Nation was knowne to these 
parts only by the honesty of theii traffique, but now I trust in God 
through the just execution of these laws, that our Neighbour nations 
will have cause to say of us, as Moses discourses of the Children of 
Israel, and their Laws in his Excellent speech which he makes them 


Public Re- in the 4th Chapter of Deuteronomy. The nations, saith he, which are 

C*'^^ 0^^77' ^^^^ y^^ hearing of your statutes and Judgments will say, 

Vol. Xll! ^ , , . . . 

folio 136. Surely this great nation is a wise and an understanding people, 

for what nation is there soe great which hath statutes and Judge- 
ments soe Righteous as all these Laws which I set before you this day ? 

Many Nations have been famous for just and wholesome Laws 
as the Jews, the Athenians, the Lacedemonians, the Persians and 
Romans and others. As to our Laws, I shal not enter into a large 
emcomium of them, but in breife tel you, that these Laws, I say the 
nationall Laws of England, as also that Excellent Abredgement of 
them recommended by the Honble. Company are grounded on the 
Laws of God written in his holy word, and on the Laws of nature 
stamped on the heart of man, and they are compiled from the 
quintessence, or best part of all other Laws, especially those of the 
Roman Empire, which in their time were held as Sacred. But 
herein ours seem to have the advantage, in that they are free from 
the laborious ceremony of the one, and from the Intricacy and 
corruption of the other. I doe therfore pronounce you, the Inhabitants 
of this Island, of what quality soever, to be happy in them, and I 
doe require you all, in the name of his Sacred Majestic and of the 
Honble. Company, to acquiess therin. Assuring your selves of Justice 
and security in your lives, in your liberties, in your families, in your 
Estates, goods and prosperityes, and what ever you can in equity 
pretend to or call your owne. But Laws though in themselves never 
so wise and pious are but a dead letter and of litle force except there be 
a due and impartiall execution of them. I must now therefore 
address my discourse to you. Worthy Sir, who are appointed to be the 
Reverend Judge of this Court of Judicature, and the faithful Adminis- 
trator of these Laws. I need not tell you what a great and important 
trust is Committed to you, nor need I bespeake your care and Integrity 
in your discharge of your Duty, for you are fully sencible of the one, 
and I am sufficiently convinced of the other, I shall only tell you that 
you have the Charge of God upon you, the Command of his Majestic 
and the Honble. Company, and by their order and authority from 
me to deal Impartial Justice to all with out fear, favour or respect of 

The Inhabitants of this Island consist of severall nations and 
Religions to wit — , English, Portuguess and other Christians, Moores, 
and Jentues, but you, when you sit in this seat of Justice and Judge- 
ment, must looke upon them all with one single eye as I doe, without 
distinction of Nation or Religion, for they are all his Majesties and the 
Honble. Companys Subjects as the English are, and have all an 
equall title and right to Justice and you must doe them all Justice, 
even the meanest person of the Island, and in particular the Poore, 
the Orphan, the Widdow and the stranger, in al matters of controversy, 
of Common right, and Meum and Tuum ; And this not only one against 
the other, but even against myself and these who are in office under 
me, nay against the Honble. Company themselves when Law, Reason 
and Equity shal require you soe to doe, for this is your Duty and 
therin will you be justified, and in soe doing God wil be with you to 
strengthen you, his Majestie and the Company will comend and reward 


you, and I, in my place, shal be ready to assist. Countenance, honour Public Re- 
and protect you to the utmost of the power and Authority entrusted ^^^ Oflace, 
to me ; And soe I pray God give his blessing to you. y ^ ^-^ j j* 

The Governor having ended his speech I delivered him a petition ^°^^°^ ^^* 
on behalf of al prisoners that they might have the benefit of this 
happy day by Injo5dng their libertie. His Honr. was pleased 
to grant me the petition, and Imediately liberty was proclamed with 
great acclamation, and the prison doores set open, this being done, 
Our Worthy Governor rises out of the Chair and was pleased to put 
me in, commanding that obedience should be given me by the Court, 
and al else in that place of Judicature, which concluded the ceremony 
and worke of the day with great shouts and acclamation of God save 
the King of Great Brittaine and the Honble. Company. His 
Honr. foreseeing that the concourse of people might hinder his 
passage in marching, appointed a master of the Ceremonies to keep 
good orders, and where he saw a great press to fling the meddals 
amongst them, which was coyned for that purpose. The Governor 
was pleased, with the whole Court, to march afoot to the fort, where 
he was received and saluted by the two Companies drawn up with three 
vollies of smal shot and 31 Great ordinance, and at night great Bonfires 
were made and the whole Island filled with rejoycing. 

I doubt I have troubled your Honrs. in this tedious relation, 
but the time that is now spent I hope will prove happy because your 
Island is soe. Never was there a joyfuller day ; the whole Island is 
become English ; wee are incorporated and our Interest is al one, 
nothing striks them into a greater admiration then our Justice, the 
sound whereof remaines not only with us but hath reacht our 
neighbours eares ; many being willing to come amongst us, there is no 
question but God who hath done this, wil give his blessing to it, and 
those who know him not in Utle time may be brought to fear his name, 
for all kind of vice is discouraged, swearing and profaning the Lord's 
day punnished and al uncleanness severely chastised. I cannot 
omitt to give your Honrs. an account what passed at our Sessions 
(upon the account of rape the manner thus) : one of your private 
Centinels, a Dutch man, enters a womans house, and offers incivilities 
to her, she refusing, he puis her forth by the hair of her head, draging 
her towards the Sea amongst a company of rocks, she made a great 
outcry caling out for help, but he drawing out his sword put it to her 
brest, swearing terrible oaths he would have his wiU or he would 
murder her, some of the Country people hearing a voise came to 
see what was the matter, they were no sooner espied by this feUow, 
but he makes to them with his sword drawn, and makes them al 
fley ; the woman by this had means to run away, but he left persu- 
ing the people and overtooke her, draging her by the hair, and gaggs 
her, puting his sword to her brest, swearing being she would not 
consent to him willingly he would make her by force or he would kil 
her ; she could make no further outcry he having ramed his hanker- 
chief in her mouth, and he stil using this violence by drawing her 
amongst the rocks, with his sword to her brest, overcame the poore 
woman (being tired with strugling) and satisfied his beastiaUty ; the 
woman and her husband complaining he was comitted, an Indictment 
was drawn up against him and the Jury, upon the woman's and 


Public Re- witnesses' oaths, brought him in guilty, and accordingly had his sentence 

C°'^^0^^77' *° ^® hanged, but execution day being the day after the agreement 

V o 1. X 1 1, was made between your Hours, and the people of this Island, they 

folio 136. ' begged his life, which the Governor was pleased to grant but banished 

him imediatly of the Island. This gave a General satisfaction to the 

people, and has brought such a repute to our Justice, that they think 

themselves happy under our Government. 

And that the Honble. Company may not be unacquainted 
with the whole proceedings of their Island, be pleased to pardon me 
if I trouble your Hours, with what hath passed at our private Sessions. 

A french man had his house puld down for seling drink and 
permitting publick gaming on the Lord's day in time of prayer, as also 
for harbouring lewd women, and suffering al kind of debauchery, and 
al this after warning given him to the contrary. 

Several persons fined for their contempt and obstinancy in 
refusing to come to Church, spending their time in publick house to 
the scandoll of our Christian religion and contempt of Government. 

The Butchers and Fishermen warn'd in to supply the markets 
with fish and flesh at moderate rates, that housekeepers may not be 
at a losse to provide for their families, nor Europe ships for fresh 
provissions at their arrival. 

An Hospital to be provided for the sick, that care may be taken 
out in orr^ *^^"^ ^y *^^ Dcctors (in one place *), and this to be done without 
nal]. charge to the Honble. Company. 

Care taken for the mending and making publick high waies from 
place to place, and this to be done at the publick charge. 

Several publick drinking houses put downe for permitting al 
manner of debauchery and wickedness and seUng drink without 

I shal not insert further for fear of being tedious, my Duty 
commands me to a just account, if in that I have been troublesome : 
tis my zeale to your Hours, service, which as it requires my faith- 
fulness, so I hope it wil beg my pardon, my conclusion shal be my 
prayers that God that hath made your Hours, famous here wil likwise 
make you happy hereafter. 

George Wilcox. 

Bombay 30 December 1672. 

George Wilcox Narrative 
concerning the establishing 
the English laws on Bombaay. 

No. 4. 
Received 13 August 1673 
per the Rainehow. 


A Court of Committees holden the I4th day of February 1672 [1672/3]. 

On reading a letter from Sir Rob. Southwell with one enclosed Court Book, 
written him by the Portugal Ambassador, desiring the Companys ^ ^ J^^ -"^ ^ • 
Orders to the President at Surat for reestablishing the Portuguez ^^^^ 
Jesuits in their Estates at Bombay ; It is ordered that it be referred 
to the Committees for Suratt to peruse the Orders already made in 
this busines, and what hath been written by our Factors of the 
proceedings at Goa ; and to make Report thereof, with their opinion 
what answer is fit to be given to Sir Robert Southwell touching the 
same : and the care thereof is referred to Maj : Thomson. 

The following important document supplies us with very 
valuable information on many striking events of that stormy 
period. That the Company suffered from Sivaji's depredations 
Is clear from the various accounts of its factors. 

Wee come now to acquaint you with the Occurences of these Public R e - 
parts since the last Monsoone. The Patans, a people bordering on cord Office, 
Candaharr, are fallen into the Mogulls Territories, and taken the ^- ^- ^^' 
Province of Cabull, driving Mohobutt Cawne out of the cheife Citty, jQ^Q^ao. ' 
so named where they have seated themselves, and as yet. Wee heare 
not of any Army the Mogull hath sent against them to recover the 
Country. Sevagee hath fallen into the King of Visapores Country 
(who deceased this yeare) and rob'd divers places of Consequence, and 
taken some castles, among other places Hubely that Mart of our Carwarr 
Factory where wee sell and buy most of the goods that Port affords us. 
There the Honble. Company have lost to the amont of about £3500 ster- 
ling rob'd by Sevagee 's soldiers, since which inrodes the Visapore King 
hath sent an Army against him, and on this side lyes the Mogulls forces, 
against both which he hath raised a Potent army. And hath so well 
fenced the Avennues into his Country, that he hopes to deale with 
them both, though wee beleive the Visapore Army may withdraw 
it not being the Interest of that King to destroy Sevagee who is 
the only Bullwark betweene him and the Mogull. And notwithstanding 
he is thus besett yett upon any rumour of an army being within 60 miles 
of Surrat the Towne is allarmd and ready to fly, as they were the passed 
month, when the Gates were shutt up for some time to keepe the people 
in. The French at St. Thoma beat off the Golcundah army, and raised the 
seige (this wee think wee advised the last Monsoone) afterwards Mounsieur 
La Hay the Vice Roy with two shipps of Warr went to Metchlepatam 
where he burnt 5 or 6 Jonncks and threatned the Towne if that King 
would not come to a peace with them. Haveing spent there some 
time in the Month of June he returned to St. Thoma where 
unexpectedly he found Rickleffe Van Goens with a Fleete of 19 men 
of Warr before it, he stood in for the Road but the wind chopt about 
and having discharged some broad sides with the outermost Shipps 
he stood off to Sea and fell in with some Port about 30 Leagues to the 
Southward where hee had not beene long but hee espied our Fleete of 
shipps bound from England which hee tooke to bee the Dutch Fleete 
pursuing him he sett sayle again and put for St. Thoma where it 
was his good fortune that the Dutch were gone from the place after 
they had discharged some broad sides against it, and he gott safe into 
his Goverment where not long before Mounsieur Baron one of the 



Public Re- Directors Generall here was safely arrived with 3 Vessells from Surrat. 
«>rd ^*^®' The Dutch have bin using all their Interest in the Golcundah Court 
V o 1. X 1 1' to draw downe their forces again to beseige it by land and they will 
folio 230. ' beseige it by Sea, and promise to deliver the Citty to the King, but as 
to their further proceedings against St. Thoma wee have not yet 
advice And our Fleets arrivall on that Coast the 26th June might put 
the Dutch Gennerall upon other Counsells. The Massingberd spend- 
ing her head and Boltsprite put back againe to England but blessed 
be God came safe into Madrasse road and Joyned with the Fleete the 
30th July. Wee heard by Letters from thence in August that Van Goens 
with a Fleete of 22 Sail (but some of them crasy shipps and not very 
well manned, only his owne shipp had 65 brasse Gunns 250 men) were 
off Negapatam neare Ceilon, whence upon occasion he might drawe 
more men from his Garrisons, and probably attend the motion of our 
Fleete in passing about Ceilon, but Wee have no advice of any Actions 
nor heare not from Sir William Langhorne of their Departure toward 
us though he promised to dispatch them the 1st of September and 
send us advise thereof imediately, but wee beleive hee sent directly 
to Bombay, and the Army's lying in the way may have hindred the 
passage of the Cossetts. Wee are now hourely expecting newes of 
their Arriveall on this Coast, for Wee trust in God they were able by 
his protection to make their way through the Enemy. 


Occurrences in India from 

May 1673 to November following. 

The Company's petition to Charles, reproduced below, sum- 
marises the causes of its conflict with the Portuguese. A compar- 
ison of its grievances, with the rights enjoyed by the Portuguese 
by their Treaty with Humphrey Cook, leads me to beUeve that 
some of the actions of the Portuguese were permissible under the 
Treaty. The main fault of Charles lay in not repudiating that 
indefensible convention earlier. As regards the question of the 
dependencies, the cession of Bombay did not involve the cession of 
adjoining territories, and Bassein was no more a dependency of 
Bombay at that period, than was Thana. The Treaty, it will be 
remembered, had ceded Bombay and its " appurtenances ". 
This term was in itself liable to endless discussions, and we are 
not surprised to find Charles insisting on the deUvery of Thana. 
It is, however, clear that the Portuguese exceeded the limits 
assigned to their privileges, and that they made it impossible for 
the Company to prosecute their trade in safety. The Company 
requested Charles to examine the right and extent of its dominion 
in Bombay, and this, as we shaU see, was done with characteristic 

George Wilcox's quaint narrative of the establishment 
of Law in Bombay should be compared with the vigorous 
representations of the Company to Charles 11. The one gives a 


vivid picture of the simple splendour and homely saws of the 
honest Governor, the other an energetic protest against the 
encroachments of their wily neighbours. That these encroach- 
ments were the inevitable outcome of their own cupidity and 
ignorance is complacently ignored by that eminently " just " 
institution ; nor do they pay much heed to the original rights 
exercised by the Portuguese in that part. Of the legality of 
these rights there is no more doubt than there is doubt of their 
injurious effects on the Company's trade. Legally, the Portu- 
guese were in a very strong position, and the Company's mis- 
take consisted in trying to argue away all the rights secured 
by them under their treaty with Cook. Charles cut the Gordian 
knot by repudiating the Treaty altogether. This, it must 
be confessed, was the only possible step, as, of course, it was 
the logical deduction from the insecure legal position in which 
the poor Company was placed. The following petition sums 
up all the causes of this quarrel : — 

To the ELinga most Excellent Majestic. Public Re- 

The humble petition and Representation of the Governor cord Office, 
and Company of Merchants of London trading to ^^^yQi^'xiU 
East Indies touching the Rights of the Port and Bay of foUo 47. 


That your Majesty being by a Treaty with the Crown of Portugal 
seised of the Port and Island of Bombay in the East Indies, with all 
the Rights territories and appurtenances thereof whatsoever, aswel 
the property as the full dominion and sovereignty of the said Port and 
Island, with all the Royalties thereof ; aswel in order to augment the 
Interest and Trade of the English in those parts (which are the words 
of the said Treaty) as to enable them to assist, defend and protect the 
Subjects of Portugal against their enemies : Your Majesty did in 
your Princely wisdom think it convenient (after several years govern- 
ing that place by your imediate Ofi&cers) to grant and transferr the 
said Port and Island of Bombay, with the appurtenances, unto your 
petitioners, who having applied themselves with great expense to 
build, cultivate and fortify the said place, so as to make it for all ages 
beneficial to your Majesty and your Kingdoms, and even useful to 
your Allies of the Crown of Portugal, according to the original scope 
and intendment of the said Treaty, Your Petitioners have yet from 
time to time met with so much unkindness and such arguments of 
malevolence in the Portuguese Governors in those parts against the 
prosperity and settlement thereof, that they are constrayned now 
again to appeal unto your Majesty for justice and protection. And 
in truth, their grievances doe most peculiarly concern your Majesty 
to redress and vindicate, as relating to your Majesties Sovereignty 
and the Royalties of the place, which those people most despitefully 
endeavour to overthrow. 


Public Re- Your Majesty may vouchsafe to call to mind the difficulties which 
a>rd Office, attended the first possession, even while the Treaty was fresh, while 
Vol xill' ^^^^ Crown was involved in warrs, and your Majesties Troops in actual 
folio 47. ' service in Portugal. How that by the perversness of a Governor 
(though carried over to that very intent) the whole voiage of the Lord 
Marlebrough and his Squadron was overthrown, to your Majesties 
great damage and the possession utterly refused, until fresh orders 
could come into India. In which time, of 500 English Soldiers sent 
over under Sir Abraham Shipman to enter and secure the place, 300 
of them miserably died with want and extremities in a small desolate 
Island, which was the onely place of refuge they had. So that when at 
length the residue entred into Bombay, they were not in a condition 
to dispute, but minded at that distance their own preservation more 
than any Royalties or Dependencies of the place. And what by the 
death of some and want of vigour or capacity in others that command- 
ed there, your Majestie's Rights were not asserted. After which, your 
Majesty was graciously pleased to grant the same to the Petitioners. 
They at their very entrance found the effects of this distraction, and all 
advantage taken by the Portugueses from the disadvantages they 
themselves created. And because your Petitioners heard it alleged. 
That if more indulgence were expressed by them to the Portugueses 
remaining in the place, all these hardships would be soon redrest. 
They did begin and so effectually apply themselves to the relief of 
the said Portugueses in all their interests and pretensions, as to leave 
none of them with any just cause of complaint. 

The way being thus prepared, and that Article of the Treaty well 
weighed and considered, which did transferr the Sovereignty of the 
place and of its dependencies to your Majesty, some persons of account 
in your Petitioners service, were by them sent as Comissioners 
solemnly to treat with the Vice Roy of Goa, for the clearing up of these 
points : but after aU the methods of fayr treaty and other perswasions 
were attempted, nothing could be obtained from him but a declaration 
of want of orders from Portugal. And so farr he appeared from 
admitting a trade or good correspondence, which was also insisted on, 
according to the cleer and express tenor of the said treaty, that he 
expressly forbade the setling of any English at Basseen or Damon, 
or even the intercourse of our own boats from Bombay to the Mayn, 
especially when they shall bring Tymber or Provisions, from whence 
onely those necessaries can be had. 

Your Petitioners presume to annex hereunto the 11th Article of 
the said Treaty, and the cleer interpretation it seems to bear : which 
with the Mapp will plainly shew the natural dependencies of those 
small places adjacent, as the memory of former parties wiU also justify 
the whole Right of your Petitioners present demands : Yet contrary 
to so much justice do they obstruct the freedom of trade, and the 
progress of your Petitioners endeavours for a happy settlement, as may 
appear in the particulars following. 

1. They doe not onely refuse to deliver to them those small Islands 
and Dependencies mentioned, but doe on some of them so 
strengthen themselves, as that for but passing by in the 
open stream and at a distance from them, sally out with 
their boats, and lay arbitrary impositions on our Trade. 


2. They force your Petitioners to pay Duties for passing but* • [sic'] 

by some other places, which were known to depend 
absolutely on the Custom house of Bombay (Mayhem) and 
to pay themselves their Duties there. 

3. They pretend dominion over the Portugueses and other Subjects 

remaining with your Petitioners, and to so much of 
Sovereignty in the very Bay, as in their Brigantines to 
wear their flag, in the defiance and dishonor of our Forts : 
Nor will they permit our own Ships to sail quietly in those 
parts, without the protection of their passports. Your 
Petitioners name not other affronts and depredations 
that are often susteyned, but these particular ones would 
probably all cease if the said Article were duly 

And seeing it is visible that in India the same Spirit of contradiction 
is derivedf to all other Governors which was so prejudicial to your * r. -i 
Majesty in the first, and that whatever it be that your Petitioners 
expend towards their happines they are never to thrive in that place, 
while they patiently submit to injuries, which the Governors there 
declare they cannot, or at least will not redress. 

Your Petitioners therefore most humbly implore your Majesty 
first to cause the right and extent of your Dominion in that 
place, granted by the said Treaty, to be examined ; and if 
they appear to have been thereby conveyed to your 
Majesty, that your Majesty would vouch safe to assert 
tbem, for your own honour and the protection of your 
Subjects, that your Petitioners may be restored to the 
sole dominion of the said Island, and that in the 
mean time till the said claim can be examined and 
asserted, as your Petitioners doe much esteem and in all 
things cultivate the friendship of the Portugueses 
(which your Majesties strict alliance with that Crown doth 
require) So they beseech your Majesty to procure from 
his Royal Highness the Prince Regent of Portugal, an 
effectual command to his Officers and Ministers in India. 
That noe Governor or other person may henceforth 
presume by erecting of a Blockhouse, to obstruct the 
English from passing by Tannah or Carinjah, or to impose 
or demand any Customs or Duties from the English, but 
that they may freely pass with their boats and vessels 
by the said places without any interruption, as the 
Inhabitants of Bombay have formerly done ; and that 
the said Governors, Officers and Ministers may be enjoyned 
to live upon better terms of amity and friendship than 
hitherto they have done. Your Petitioners expecting 
nothing more than what the favour of the Treaty leads 
them to demand, and the publique fayth thereof binds 
the Portugueses to make good. 

And they shall ever pray &c. 


The following extracts from the Court Minute Book, 
Vol. XIX, in the India Office throw further Ught on this 
dispute : — 

A Court of Committees holden the Third day of March 1674 [ 1674/5 ]. 

It is ordered, that it be referred to the Comtees. for Surrat (unto 
whom Mr Jollife Mr Boone and Mr Paige are added) to consider what 
is fit to be presented to his Maty, touching the opening of trade at 
Bombay, which is obstructed by the Portuguezes, or otherwise, for 
the advantage of that Island, and to report the same, and the care 
thereof is committed to Mr Rudge. 

A Court of Committees holden the Nineteenth of July 1675. 
It is ordered, that it be referred to the Comtees. for Surrat as also 
to Mr Jollife Mr Boone Mr Paige and Mr Houblon to consider of the 
late advises from Bombay touching the obstruction given by the 
Portuguezes to the Compa. trade, and to prepare a Memorial of what 
is fit to be presented to his Maty, touching that affayr, or any other 
particular that may be advantageous to the Compa., and to report 
the same to the Court, and the care thereof is committed to 
Mr. Houblon. 

A Court of Committees holden 23 February 1675 [ 1675/6]. 
The several Members of Court now present were desired to 
accompany the Governor to Whitehall this afternoon to present 
a petition to his Maty, touching the obstruction that is given to the 
Compa. trade at Bombay, by the Portugueses in those parts. 

The following document is a continuation of the preceding, 
but it enters, in greater detail, into the disputes with the 
Portuguese. The Company complained that " when their boats 
are sent by Caranja or Tannah for provisions, from whence onely 
such things must come, the fort in this place of Tannah, comands 
the Boats in, and the Governor levies 10, 12, or 14 p. c. 
as he pleaseth ; and because at Caranja the Stream is broad 
and no Fort on that side to comand, Boats are there armed 
out with soldiers, and such duty levied by them as they think fitt, 
unless when the EngUsh also put soldiers in their Boats, as they 
doe to resist it." These irritating proceedings could not fail to 
arouse anger, and the later documents describe at length the 
various forms which these squabbles assumed. Charles acted 
vigorously, and made a strong representation to the Portuguese. 
His letter to the latter, repudiating Cooke's Convention, has been 
reproduced above. {See supra.) 

Bomhaim described, how transferred to his Majesty, how afterwards 

to the Company, what Injuries suffered from the Portugees, what 

address made to the Vice Roy of Goa, what answer returned 

by him, what Opinion given by the President and Council 

thereon. And lastly the Soverainty of the whole Haven 

and Islands asserted. 

The Haven of Bombaim lies neer 50 leagues Southward of Surrat 

in 19 Degrees of North latitude, and comprehends all the Sea or Water 


that enters between Colar, on the West point of the Island Salsett and 
the two small Islands of Hunary and Cunary on the South neer 
the Maine, which water is there above 20 Miles wide. 

It is reputed one of the most famous Havens of all the Indies as 
never being choaked up by the Stormes or yearly Monsons, but affords 
at all Seasons reception and security to whole Fleets. 

Within this Haven or Bay stands the Island of Bombaim (called 
aunciently Mahim) which gives Title and denomination to the whole 
Sea that enters, which is called the Port of Bombaim. 

There are some small spotts of Islands as Trumbay Galean and 
others as Elefante and Patacas scarce worth the notice. But two others 
are of consideration Namely Carania, which is wholy encompassed by 
the Water of the Said Port, and Salsett, a much larger Island, in figure 
almost square, and against two sides whereof the Water of this Harbor 

The West side of Salsett is wholy exposed to the Ocean, and the 
North side is washed by an inlett of Water called the Road of Bazaim 
reaching as far as the East Point of Salsett, where wee may allow that 
the water of the Port of Bombay, neer the Streight at Tannah, does 
determine, Because though it flowes up from Bombay thorow here into 
the said Inlet, yet being now reduced into a narrow Channel, it may 
at that Point yeild up its name to the said larger Inlet of the Road of 

On part of the Island of Bombaim stands Mahim, the name 
formerly of the whole Island. 

There, in old time, was built by the Moores a great Castle, and 
in the time of the Kings of Portugall, this was the place where his 
Courts and the Custome house was kept, and here were the Duties 
paid by the Vessels of Salset Trumbay Gallean and Bundy on the 
Maine &c. 

This was the place which by the 11th Article of the Treaty of 
Marriage was as freely conferred on his Majesty by the Crown of 
Portugall, as was the Citty of Tanger by another Article in almost the 
same words, though in performance and execution the difference 
proved very great. For when (as in the Petition is set forth) the 
voyage of his Majesties squadron was overthrown, and the Soldiers 
lay languishing for new Orders, when at last they came. Sir Abram 
Shipman, the intended Governor, was found dead, so that his Secretary, 
one Mr. Cook, took on him to receive possession of the place, and 
that even upon whatever conditions the Vice Roy pleased, violence 
on the one hand and necessity on the other made him agree (but without 
any Commission) to things which were imposed quite contrary to the 
Treaty ; For in the Treaty nothing appeares in any part of it but 
favour to the English. They have Liberty granted of free Trade and 
habitation in all the Dominions of Portugall, whither of the West or 
East Indies, and particularly in Goa, Cochin and Dio, to remain as 
far as fower Families in each with all the priviledges of Portugees ; 
Nothing seems to be the whole Scope of the Treaty, but that his 
Majestie should give protection to Portugall, and Portugall in liew 


thereof give extent of Dominion unto England. And as the present 
quiet and condition of Portugall bears witnes for his Majestic how 
intirely the Tyes of his said Protection have been accomplished. It 
were also to be wished that either in the said freedom e of Trade, or in 
the Dominion of Bombaim, Portugall had but remembered the Treaty 
as well. 

But 90 far short did the severaU Governors fall from the obligations 
thereof, or of thinking to repair the Affront which his Majestic suffered 
by the non surrender, that his Majestic being tired out with such 
proceedings thinks fitt to transfer the place to his Subjects of the East 
India Company, in hopes that by their care and closer application to 
those Governors, the matters complained of might be negociated to a 
better Issue. 

The Company enter and doe all things to make the place consi- 
derable ; but (as in the Petition is sett forth) when their Boats are 
sent by Caranja or Tannah to the Maine, either for Merchandize Timber 
or provisions, from whence onely such things must come. The Fort 
in this place of Tannah, comands the Boats in, and the Governor Levies 
10, 12, or 14 per cent as he pleaseth ; And because at Carunja the 
Stream is broad and no Fort on that side to command, Boats are 
there armed out with Soldiers, and such duty levied by them as they 
think fitt, unles when the English also put Soldiers in their Boats, as 
often they doe to resist it. 

But it neither consisting with the progress of Trade nor the 
Prosperity of the place to be thus in a State of Tribute, and contention. 
It was thought expedient to chose some fit persons to send unto the 
Vice Roy of Goa to treat for better Termes in this troublesome affair, 
and accordingly Mr. James Addams and Mr. Walker with a Portugees 
Secretary, and other Servants are sent with full and ample Instruc- 

First, To pray liberty of Trade according to the Treaty and next 
an exemption from these duties, which were exacted against all reason, 
and even the Custome in all places, where the Navigable Passages 
are alwaies free. 

But unto these demands, which were so modest in themselves 
and attended with all the deportment, which might make the 
application gratefuU ; for there was neither pressing for reparation of 
Injuries done, or restitution of what was past, which Justice did 

The Vice Roy makes answer as foUoweth — 

1. He saics he will cause entire observation to be given to the 
Treaty published in 1661. 

2. He confesses it is just for him to give ear to what the Company 
desire about free Comerce in the Territories of the Prince of Portugall, 
But he hath no Order to yeild any such thing. It haveing been express- 
ly forbid to other Governors, besides the French and Dutch, should 
he grant it, would claim the like, That it is a Royalty annexed to the 
person of the Prince, and must be immediately directed by himself, 


onely he would to show his good will allow the English to trade in Goa, 
paying the same duties as the Portugees doe pay. 

3. That as to their Second Point although it was true, all navigable 
Rivers were free to pass without paying of Tributes yet this rule did 
not reach unto the conquests made in the Indies whose Navigation 
did solely appertain to the Crown of Portugall. Besides that liberty 
was to be understood of Rivers that stood open to all by the Law 
of Nations, and not of Rivers that were lock't, as the Enghsh well 
know the Practice in the passage of the Sound ; and with much more 
reason ought it to be in those of Tannah and Caranja, which with the 
Islands adjacent made a Barr that is lock't or shut up ; And besides 
that as he cannot order anything in this affair, It being also a Royalty 
and out of his Power and Comission ; so cannot he free even the 
Portugees from the Payments accustomed there, therefore the English 
are the less to wonder if they also must pay. 

Yet in respect to the Honoble. English Company he will 
acquaint his Highnes the Prince with all, hopeing from his Benevolence 
such a Resolution as may be very convenient, and in the mean time 
if the Ofl&cers of Tannah and Caranja exact more then what hath been 
still accustomed to be paid, they shaU be punished with rigour. 

Luis de Mendosa Furtado. 

3rd February 1673. 

Upon receipt of this extraordinary, but finall answer, the Envoy 
returned to Bombay, haveing, either by the very ill aire of that place 
or some thing worse, lost 3 of his Company and himself and another 
at Deaths door. 

But the President and the Councell there doe on the said answer 
make these following observations. 

1. That notwithstanding promise is made to fulfill the Treaty of 
1661, and the Vice Roy gives ear to the demand of free Trade 
(which is made but according to the Treaty) yet he wants orders therein, 
and saies that other Governors have had orders quite to the contrary, 
and takes on him to argue and shew inconveniencies against the express 
Articles of a Treaty ; But at last he will as it were voluntarily allow a 
Trade at Goa, when it is just in the same manner as the Treaty does 

2. That after he allowes Navigable Rivers to be free from Tribute, 
yet the Indian Navigation is to know no such freedome having been 
conquered by the Portuguees to whome it solely appertaines, (This 
happily was the Strain in the reign of Don Emanuel, but now the case 
is altered and the argument quite worn out). 

3. The difference made between open and shutt Rivers hath no 
application to Tannah and Caranja, where there are no Rivers at all, 
for it is the Sea it self flowes in, and though it grows Streighter in 
those two places, yet still the passages are open and navigable, as at 
Caranja the Water is two Miles over, and even at Tannah 'tis about 
half a Mile over, onely they have erected here a Fort in the middle 
of the Water, which commands Boats that pass, and here such Arbi- 


trary duty is taken as pleaseth the Governor, who is but a Substitute 
to the Governor of Bazaim, to whose sole Profit this Revenue comes 
and nothing thereof paid to the Prince of Portugall. Nor hath it ever 
appeared to us that these Passages were stop't and obstructed by any 
Orders from Portugall, but a pure effect of the violence and oppression 
of the Government in India. Nor are the Shoares upon the Maine, 
opposite to Tannah and Caranja, in the obedience of Portugall, but 
inhabited by Moores, and under their own Moorish Princes, which 
overthrowes their pretence to Tribute. 

4. It is true that the Portugees themselves who now pass at 
Tannah are made to pay, but they never paid there formerly. It 
appearing in the Forall or record for Regulation of the Custome House, 
which was kept at Mahim on Bombay, That at Mahim all duties were 
paid for the Trade of the Ports and Islands adjacent, and that no 
Merchandize or Provisions comeing from Calean, Bundy, or any 
of the Islands (in the Road of Bazaim) and passing by at 
Tannah to come to Bombay did ever pay ; so that since the 
English are come there, here is a violence imposed by the Portugees 
on their own Subjects in order to give precedent and Justification to 
the like violence upon us. And the Vice Roy takes up this for his 
most forcible Argument, as if it was of auncient Custome, which the 
Records Shew plainly to be but since the English have planted there. 

5. That although the Vice Roy pretends to lay this affair so before 
the Prince as that his favour may be expected in it, yet by credible 
advice, he so represents the matter, as to make the Prince inexorable, 
and that they there in India will oppose the English herein to the 
utmost, so that all application seems fruitless, and the whole will 
depend on his Majestie's asserting his Right even to the Islands them- 
selves, for they justly belong unto him by his Sovereignty in the Port, 
and the dependance they have on the Capitall Island of Bombay. 

If his Majestie or the Company give but Comission the whole 
work is feisible, at least when the Portugees should see they must 
part with the whole Islands, they would easily assent to the Just 
freedome of Trade, which hitherto hath onely been insisted on. 

And thus they conclude attending orders from the Company. 

Now as to his Majesties Right of Sovereignty to these Islands, 
which give all this trouble, tis necessary to consider distinctly, the 
words in the 11th Article of the Treaty of Marriage, which sayes. That 
the King of Portugall does (with the advice and assent of his Councel) 
grant and transfer to his Majestie the Port, and Island of Bombay, 
with all the Rights, Profitts, Territories and dependances whatso- 
ever ; and the direct, full and absolute Dominion, and Empire of the 
said Port and Island, and of the Premises, and all the Royalties of the 

By]Jwhich words it is plaine 

1. That the Dominion of that part of the Sea, which enters and 
makes the port of Bombay is his Majesties cleer and undoubted right. 

2. That the Islands which stand in this Port (as doe Caranja 
Elefante Patecos, etc.,) which are surrounded by the waters thereof 
and which cannot be approched but thorow this Dominion of his 


Majestic, cannot belong to any other Sovereign then his Majestic. 
For if they did, then have those Islands right to give Law to the Port, 
which were to admit the exercise of two different Sovereignties in one 
and the same place. 

3. But as to Salsett tis true ; the case is not Just the same, for this 
Island is bigger in Circumference six times then the Island of Bombay, 
and but half surrounded with the waters thereof. However it is 
conceived that the Soverainty of this Island also belongs to his 
Majestic Because 

4. That the Island of Bombay as the Capitall place gives Denomina- 
tion to the Port, whose surface and extent is much larger then the 
Extent of Salset ; if it imported any thing to Jurisdiction, which was 
greater then the Capitall Place or its dependencies. 

5. Next, the Kings Courts and the Custome Hows were in the 
Portugees time held and established at Mahim (or Bombay) for all 
the places adjacent, and as such did Salset depend for Justice ; and 
there also made Payment of its Custome Duties. 

6. Besides the said Practice, the very dignity of the Port, Its 
usefullnes to Navigation, and its safty to mankinde, drawes to it a 
Naturall dependance and Subserviency of the neighbouring Shores ; 
For had that inlett of Water in the Road of Bazaim (which washes 
but one side of the square) equall perfections with the Port of Bombay, 
it might have equall Prerogative, and so by way of an expedient, the 
Soverainty of Salset might be divided by a line drawn from the North 
Point neer Tannah to the South Point of Colar. But there being no 
Parity in the qualifications, there can be no competition about the 

7. On the Island of Bombay are more Soldiers, more Inhabitants, 
more Armes, Ammunition, Cannon and a better Fortress then on 
Salsett, and all the rest of the Islands together ; besides the benefit 
of the Port to admit of all the Supplies his Majestic can give, which are 
belcived superior to those of Portugall. 

Therefore what can the words of the Treaty mean otherwise, when 
in transferring the Port and Island of Bombay, It gives all the Rights, 
Profitts, Territories and dependances whatsoever ; It grants the 
direct, full and absolute Dominion and Empire of the said Port, of the 
said Island, and of the Premisses ; and that without any reservation, 
which had been absolutely necessary if Salsett and Caranja (which 
lie so in the bosom of the rest) had not been also granted. 

Lastly his Majestic is the best Judge of his own honour and how 
far that may be concerned in this Question. 

Which therefore is most humbly Submitted. 
[ Endorsed in Pencil.] 
23 February, 1675/6. 

[ Endorsed.] 

East India Company Petition and Case. 
Read in CounciU February 23rd, 1675. 
Read at the Committee 2 March, 1675/6. 
Read again 11th January, 1676. 


The following reports of the Council will be studied with 
interest, as it is an extremely good example of the efficient way 
in which its work was performed. The Lords of the Council 
examined most carefully all the data, and framed their 
resolution only after a voluminous mass of material had been 
thoroughly gone into. Their progress would probably have been 
more rapid, if they had been able to find the old map of Bombay. 
But neither by Clarendon, who searched for, nor by Sir William 
Morrice, "who acknowledges the receipt of a small box of Plantation 
Papers from the old Lord Clarendon, at his Departure, nor by 
Sir Philip Warwick, who lived with the Earl of Southampton at 
the time the Council sate at the Earl's House, where the said map 
was exposed, can any manner of Tydings bee had thereby." The 
results of the Committee on Bombay are summarised in the 
document dated January 16, 1676-77 ; while the elaborate report 
of the Council, dated February 12, 1776-77, is contained in C. 
O. 77, Vol. 13, folio 165. Charles' letter to the Portuguese King, 
repudiating Cook's Treaty with the Portuguese Viceroy, was really 
based upon this Report. A comparison of the two documents 
will make this point clear. {See Charles' letter dated March 10, 
1776-77 supra.) The Instructions to Sir Abraham Shipman, a 
copy of which is printed below, contained marginal notes in 
Clarendon's hand. Sir Robert Southwell's Report on the map of 
Bombay is instructive. The Company must have possessed an 
old map of Bombay. Even Davis' sketch would have been 
useful. This is surprising enough ; much more surprising is 
the failure of the Government to procure another copy, 
or some other map, of Bombay. The Company, it is clear, 
lay claim to a territory to which it was not entitled 
under the Treaty, and the old map might have shown the 
absurdity of these claims. It is noticeable that Fanshawe had 
demanded Bassein, in addition to Bombay, as early as 1663, and 
that the demand had been resisted. It was but a short step from 
Bassein to Thana and Carinjah, and the Company returned to the 
charge in 1776. Their Report, dated February 12, 1776-77, 
should be carefully studied. It is a very elaborate document, 
and gives a lively account of the difficulties they experienced in the 
prosecution of their trade. But it is unconvincing, and we are not 
deceived by the arguments brought forward in support of their 
appeal. From Charles, however, they received a favourable reply, 
and the subsequent growth of Bombay is due partly to the 
strenuous advocacy of their cause by that monarch. 

The Report, dated February 23, 1676-77, is supplemented 
by the document " touching the hmits of Bombain and Maps " 


reproduced below from Folio 125, Vol. XIII, C. O. 77, Public 
Record Office. In the latter, an attempt is made to deduce the 
right to Carinjah and Tannah from Instructions and Commission 
to Sir Abraham Shipman, and the original Treaty itself is left 
in the background. The Company, it need hardly he added, 
could acquire only those rights which Charles II had secured 
under the Treaty, and this is admitted in the Report itself which 
states " they [ viz., Instructions and Commission to Shipman ] are 
not the Rule of his Majesties Right .... but the Treaty 
is the Rule." It would have been better to have discussed Clause 
XI of the Treaty, and discussed the limits of Bombay in accor- 
dance with the spirit of the Treaty. 

The clause is as follows : — " That for the better improvement 
of the English interest and commerce in the East Indies, and that 
the King of Great Britain may be better enabled to assist, defend, 
and protect the subjects of the King of Portugal in those parts 
from the power and invasion of the States of the United Provinces, 
the King of Portugal, with the assent and advice of his Council, 
gives, transfers, and by these presents grants and confirms to the 
King of Great Britain, his heirs and successors for ever, the Port 
and Island of Bombay in the East Indies, with all the rights, 
territories, and appurtenances whatsoever thereunto belonging ; and 
together with the income and revenue, the direct, full and absolute 
dominion and sovereignty of the said port, island, and premises, 
with all their royalties, freely, fully, entirely and absolutely. He 
also covenants and grants that the quiet and peaceable possession 
of the same shall with all convenient speed be freely and effectually 
delivered to the King of Great Britain or to the persons thereto 
appointed by the said King of Great Britain for his use. In 
pursuance of this cession, the inhabitants of the said island (as 
subjects of the King of Great Britain, and under his sovereignty, 
crown, jurisdiction, and Government) being permitted to remain 
there and to enjoy the free exercise of the Roman Catholic religion 
in the same manner as they do at present, it being always under- 
stood, as it is now declared once for all, that the same regulations 
shall be observed for the exercise and preservation of the Roman 
Catholic religion in Tangier and all other places which shall be 
ceded and delivered by the King of Portugal into the possession 
of the King of Great Britain, as were stipulated and agreed to on 
the surrender of Dunkirk into the hands of the English ; and 
when the King of Great Britain shall send his fleet to take 
possession of the said Port and Island of Bombay, the English shall 
have instructions to treat the subjects of the King of Portugal 
throughout the East Indies in the most friendly manner, to 


help and assist them, and to protect them in their trade and 
navigation there." {Signed on June 23, 1661.) 

In this clause the interpretation of the words " appurten- 
ances," territories," and " premises " will determine the rela- 
tive claims of the English and the Portuguese to Carinjah 
and Tannah. There is no evidence to believe that Carinjah 
and Tannah were, at that time, regarded as an integral part 
of Bombay, and the representations to the Portuguese King, 
to which the document quoted from Folio 125, Vol. XIII, refers, 
met with resolute refusal on the part of the Portuguese King {see 
supra). The mere presentation of a Memorial to the Portuguese 
Ambassador cannot be held to be a recognition of the claims of the 
Company, nor is it correct to state, as the document explicitly 
asserts, that no reply was given. At the time of the signing of 
this Treaty, and a few years after, Bombay was regarded as 
completely distinct from the two places claimed by the Company. 
Legally, the Portuguese position was very strong, and the argu- 
ments adduced by the Company and the Lords of the Council are 
unconvincing. The right to the two places could be claimed only 
under the Treaty ; it could not be deduced from the Instructions, 
Commission, etc., to the King's officers. The Instructions, it is 
clear, had reference not merely to Bombay, but also to other places. 
It is not necessary to point out that the other places were not the 
places claimed later on. The Commission referred to such islands 
and territories as might be acquired for the King, either by cession 
or by conquest. The question of tolls and vexatious dues levied 
by the Portuguese could be decided only after the claims of 
the Portuguese to Carinjah and Tannah had been determined. 
Moreover, their Treaty with Humphrey Cook had considerably 
strengthened their position, and it was not till after the repudia- 
tion of that Treaty by Charles II that vigorous measures could 
be applied for the removal of these dues. It will be noticed that 
Charles refers to the complaint of the Company with regard to 
Anglo-Dutch been a fruitful source of contention, during the 
passes. This had negotiations, and the remarkable report of the 
Counci lof Trade and Plantations, to which reference was made 
in No. I, Vol. I, of this Journal {see my articles on the "East India 
Trade," in No. 1), had voiced these grievances in no uncertain 
terms. Charles' decision to support the Company's claim for pa- 
sses to Indian juncks or ships for security in their navigation to 
Persia and other parts was a logical deduction from this decision. 

Sir Abraham Shipman's Commission and Charles' Instruc- 
tions to him, should be compared with the elaborate Reports of 
the Committee on Bombay. Sir Robert Southwell's Report is 


important and should be compared with the letters of the Portu- 
guese Ambassador quoted above. 

May it please Your MaJESTIE Public Re- 

cord Office, 
There has been long depending before us a Complaint from the C. o. 77, 
East India Company touching Injuries received by them at Bombaim, Vo^- XIli, 
from the Portugeses. They set forth, and make it appeare, that *°^*° ^^^• 
Your Majestie's Dominion in that Port and Island is much infring'd ; 
and their Liberty of Trade, to the Main Land, quite interrupted, by 
Arbitrary Taxes imposed on them at Tannah and Carinjah for but 
passing in the open streams. That they applyed themselves in due 
manner, for the Reparation of these Evills unto the Vice Roy at Goa, 
but without effect. Soe that we are prepareing a large adresse to 
Your Majestic with our humble advice that you would enter into 
some Negotiation with the Prince of Portugall, for the ascertaining 
Your Rights (by the Eleventh Article of the Treaty of Marriage) in the 
Port and Island of Bombaim and the dependencies thereof, whereby 
Your Subjects of the East India Companie may have a returne of the 
great expences of about Seaventy Thousand pounds laid out by them, 
as they af&rme, in the defence of that Island ; and Your Kingdome 
alsoe reape the lasting advantages thereof by Trade. 

But forasmuch as the longer these Evills continue, the more 
incurable they will grow ; therefore by the Ships which are now 
departing for India, wee doe thinke it adviseable, and humbly offer 
it to Your Majestie as our opinion. That some intimation of Your 
Majesties care of your Subjects, and Your Owne Sovereignty, in those 
parts bee given the Vice Roy at Goa by a letter to the effect following. 

That Your Majestie hath lately taken into Consideration the 
Complaints of Your Subjects of the East India Company, who finde 
themselves much disappointed of the Freindship they hoped for from 
the Portugese Nation, in findeing many severities exercised on them, 
contrary to the Treaty of Marriage, soe that Your Majestie is now 
entering into an Elucidation of the Eleventh Article of the said Treaty 
with Your Deare Brother the Prince of Portugal, from whose Justice 
you cannot doubt but Your Rights of Dominion in the Port and 
Island of Bombaim and dependencies of both, will bee vindicated from 
that most injurious Capitulation forc't upon Humphry Cooke at the 
Surrender of the Place, which hee neither had power to submit unto, 
nor any one power to impose contrary to soe solemne a Treaty. That 
therefore you resolve to renounce the said Capitulation as a matter 
touching Your Majestie in point of Honor, and relateing to an Interest 
which is the more valueable unto you, as comeing in Marriage with 
Your Deare Consort the Queene. 

That you intend to represent unto the Prince how greivious it is 
for you to heare that when Your Subjects Trade into the Countries 
of the Great Mogull and Savagie, with whome you are in Freindship, 
and the Portuguez Nation not in Warr (and soe void of all pretence) 
that for bare passing in the open streams by Tannah, contrary to the 
Law and Practice of all Nations ; and by Carinjah in the very waters 
of Your owne Port, to bee subjected to pay Tribute, That it is a matter 
which cannot bee endur'd. 


Public Re- That Your Majestic does not doubt but that the Prince will Decree 

^^^ o^^??' satisfaction for all that has been thus injuriously exacted contrary as 

Vol. XIll' w^^l *^ former practice there, as unto Common Right, and that hee 

folio 165. ' will not only remedy many other things which are to bee complained 

of, but allsoe take into his deep consideration the Injurie done to 

your Royall Person, and the calamity of Your Subjects, by the Non 

Surrender in the begining. 

That in the meane time You have commanded Your Subjects of 
the said Company to refuse payment of those Arbitrary and unjust 
demands at Tannah and Carinjah, as prejudiciall to Your Rights of 
Sovereignty, and contrary to all the knowne Lawes of the world, there 
being noe arbitrary duties or Customes imposed at the Sound, but 
onely for the benefitt of Lights and Seamarks there is allowed a small 
Recompence which yett was never paid, untill by stippulation and 
Treaty betweene the Two Crownes it was soe agreed. 

That therefore if Your Subjects are willing (as they are when they 
Trade to any of the Territories of Portugall) to submit to the duties 
and Customes of each respective place it is all that Justice can require. 

That of all this You thought it a just respect to the character the 
Vice Roy beares in those parts, and to the Estimation you are told hee 
has of Your Royall Person, to give him Information ; not doubting 
that whatever is of Right, and Consonant to the said Treaty, will not 
onely bee fullfilled by him, but that in all occations of Freindship hee 
will not faile to bee courteous and usefull to Your Subjects, which 
Your Majestic will bee ready to acknowledge upon all like Occassions. 

All which is most humbly submitted. 
CouNciLL Chamber 
12 February, 1676/7. 
Present — 
Earl of Bridgewater. Mr. Sectic, Coventry. 

Earl of Craven. Mr. Sectie, Willamson. 

Mr. Vice Chamberlane. Mr. Chancellor of the Exchequer. 


A Report about Bombaim. 
Read in Councill 23 February, 1676/7. 
And approved. 

Entr: E.I.C.B. p. 190. 


cord Office, j^ order to Redress Injuries complained of by the East India 

V o 1 XIII Company received at Bombaim, your Lordships directed inquiry to 
folio 125, ' bee made first for the Map presented by the Portugal Ambassador, 
when that place was offered in the Treaty, which Map would 
certainly have cleared up the point in question. And next the 
Commission and Instructions given to Sir Jervis Lucas, when hee 
went to the Government of that place, to Rectify all abuses that 
had been offered in the non-Surrender, or in the Surrender but of part 
of what by the Treaty was intended. 


As for the Map, neither by the Lord Clarendon, who has made Public Re- 
search after it, nor Sir Wm. Morrice, then Secretary of State, who ^^^q ^^™' 
acknowledged the Receipt of a Small box of Plantation papers from Voi. xill' 
the old Lord Clarendon at his Departure, nor by Sir Philip Warwick, folio 125. 
who lived with the Earl of Southampton at the time the Council sate 
at the Earls house, and that the ^aid Map was there exposed, can any 
manner of Tydings bee had thereof. 

And as to the said Commission and Instructions (which doubtless 
contained the extent and purport of that Map) I can have noe news 
of them in the Offices. But hearing that Sir Jeffery Palmer then 
Attorney General, was consulted as to the powers of the Commission, 
I made enquiry with Mr. Johnson, then Clerke of the Patents, but hee 
can neither remember, or find, any footsteps thereof. Tis probable 
both are at Bombaim where Sir Jervis Lucas dyed, and soe in the 
hands of the Companies President there. 

But as to the Commission and Instructions of Sir Abram Ship- 
man, the first intended Governor, I have the drafts of those given mee 
by Mr. Cook, in the Original Papers, as they were prepared by direction 
of Mr. Secretary Morice, in whose own hand I find interlined, in 5, or 6 
places of the Commission where Bombaim is mentioned these words. 
And other the Premisses, as if it were an omission not to understand 
that more than the bare Island was granted, and to bee possessed 
by the said Governor. Yet to leave unto your intire Judgement cf 
this Inference, the preceding words cf the Commission are these — Wee 
constitute and appoint you Governor and Commander in cheife, in and 
upon our said Island of Bombay, and of all our Forts and forces raised, 
and to bee raised there for our service either in the said Island or in 
any other Island, or part of the firme land in the East Indies, which 
shall bee either conquered by us, or bee rendred or delivered up to us. 
Now whether these last words of rendring and delivery, following 
that of conquering, doe not relate to what might bee done on the 
Indians, or what the Indians might Voluntarily doe, rather than what 
the Portugeses, by the Treaty, were obliged to doe, your Lordships 
will best determine. And as your Lordships understand this, soe will 
the Instructions bee understood. 

For the second Article thereof directs thus — Being there arrived 
you are, as Our Governor of the Island and Country within the 
extent of your Commission, to demand and receive the same, with 
the Artillery, Ammunition, etc. These are the words of most scope 
and Remarque, for the Title of the Instructions is barely thus, For Sir 
Abraham Shipman Knight Our Governor of Bombay in the East Indies. 
And in all other the Instructions Bombay, and the said Island, is only 
mentioned, without Reference to any Map, or particular direction as to 
extent and meaning of the Treaty, though, in several places, these 
Instructions have amendments in my Lord Clarendon's own hand. 
All which is mentioned to your Lordships to give a faithfull account 
of what that Commission, and those Instructions, doe containe ; for 
they are not the Rule of his Majesties Right, if they were as redundant 
as they seeme scant, but the Treaty is the Rule and I suppose the 
true Interpretation thereof would much better appear in the tenor 
of that Commission and Instructions which was given to Sir Jervis 



Public Re- Lucas, where all the circumstances were fresh, the persons in authority, 
^^^ 0^^77' ^^^ ^^^ framed the Treaty, and sufficient provocation given to assert 
Vol. xill! His Majesties Right, 
folio 125. , ,.,..,. 

And yet what greater elucidation m this matter seems necessary 

to Your Lordships then one Article of a Memorial presented the 
Portugal Ambassadoi at that time (unto which there seems never 
to have been made any Reply) dated the 25th of July 1663, in the 
words following 

" Moreover His Majesty insists very earnestly that not only 
Justice bee done upon the Vice King in the Indies, who hath soe falsly 
and unworthily failed in the Surrender of the Island promised to his 
Majesty there, but that Reparation bee made for the loss hee hath 
sustained in sending Ships and Men to take possession of it, the charges 
whereof are valued by the Officers of His Majesties Navy to amount 
unto at least One hundred thousand pound sterling and that likewise 
more effectual orders bee reiterated tlxither for the Surrender of the 
said Island to the full extent, exhibited formerly to His Majesty in 
the Map containing not only Bombaim, but Salzede and Taan, and 
soe promised to His Majesty, for the possession of which the Troops 
are yet detained there, suffering much inconvenience in the expectation 
of it." 

After this I shall only presume to acquaint Your Lordships that 
Sir Abram Shipman dyed before hee could obtaine possession of 
Bombaim, and one Cook his Secretary pretending a power delegated 
to him by the Governors Will to take possession, as on the one side 
hee was impatient to have it, either for his own ends or to bee in better 
aire than the Infectious place, where 300 of the 500 Soldiers sent over, 
did dye, in attending the surrender ; or that on the other the 
Portugeses were now become more sensible of the wrong, or that they 
might better impose on him any conditions, hee having now not Men 
enough left to fill up the extent of what, by the Article they were 
to give. But the conclusion was hee entred not till hee had very 
solemly signed a particular Capitulation with them to the effect 
following, vizt. 

1. The Portugeses or others may freely come sell buy and trade at 

their Islands and Countries through their Port of Bombaim 
and be free of all payments. 

2. The said freedom of Trade shall be particularly understood at 

Bandora and other the Creeks of Salsett though under the 
English Artillery. 

3. The Runaways to be protected. 

4. The English are not to meddle with matters of Religion on pain 

of forfeiting their Right in the Island of Bombaim. 

5. The Fleets and Boats of Portugall to have free egress and 

Regress without asking leave because part of the Bay 
belongs to them in respect of their other Islands and 


6. The Inhabitants to enjoy or sell their Estates. ^¥^*^« J^®' 

^ "^ cord Office, 

7. That the Inhabitants of Salsett Carinjah Baragaon (which is C. O. 77, 

Trombay) and the rest of the Islands of the Portuguese J'°l^ 125 ^^^' 

Jurisdiction may freely fish in the Bay and River, even °^° 

in the Arm which enters and divides Bombaim from 

Salsett by Bandora up into the Bay, And the Inhabitants 

of Bombaim may do the same without Tribute or Custome 

on the other side. 

8. That Workmen may be hired from the Portugeses but not 


9. No runaways to be admitted and detained upon pretence of 

changing their Religion on either side. 

10. That the Lady in whom the Government of Bombaim was may 

yet freely enjoy her estate. 

11. That no Inhabitants shall loose their Right either Patrimonial, 

or what is held from the Crown but it shall descend, and 
they may alien unless they forfeit according to the laws 
of Portugall. 

12. The Ecclesiastics not to be molested but to have their 

churches free. 

13. The Inhabitants who pay Tribute to the King shall pay no 

more to the King of England. 

14. That all reciprocall friendship and good Offices shall pass 

from side to side as being the intention of the treaty, dated 
in Pangim or Goa 14th January, 1665. 

Antonio de Milo de Castro. 

From which Unwarrantable proceeding on either side the Portu- 
geses have taken colour to restraine and disturb the prosperity of His 
Majesties subjects as much as possible they can. And as it seems a good 
Argument that they were to part with all which, by this sinister way, 
they thought to regaine, See is it now before your Lordships (as many 
other things) to judge whether His Majesty may not make this a fit 
ground of complaint to the Prince of Portugal, that His subjects should 
soe unjustly and presumptuously take upon them to make Articles 
contrary to the public Treaty betweene the two Crownes, and to 
constraine the execution of such private ones before the performance 
of the public. 

All which is most humbly submitted. 

[ Endorsed.] 

Report touching the limits of Bombaim and the 
Maps as also of the first surrender to the English. 

Read to the Committee 
16 January 1676/7. 



g>rd ^Office, jg January 1676 [1676/7]. 

J°}- ^l^^' 1. Upon the whole Matter Their Lordships rather than insist 
farther on the demand of Salsett and Carinjah think fit to consider 
what is the Right and extent which His Majesty hath by the Grant 
of the Port. Whether it draw not with it the other Islands that stand 
therein soe as that they pass together with the Water. 

2. How farr the English are freed by common Right even in the 
Portugese Streams when they land not on their shores, but drive their 
Trade with Strangers : And more especialy if such Impositions are 
grown up new, and since the time of Surrender. 

3. In case his Majesty should now forbid the Company to submit 
to those Impositions, and should write to the Prince of Portugal to 
forbid his subjects to lay them on, but should not succeed herein ; 
How are the Company provided to Right themselves by the same way 
of Impositions on the Portugeses. 


Result of the Committee 

touching Bombain. 
16 January 1676/7. 
Entred B. p. 165. 

February 23rd 1676/7. 

Public Re- His Majestie haveing by Order of this Board bearing date the 23rd 

cord Ofl&ce, of February 1675 reffer'd a Petition (from the Governor and Company 

^- J ^Vttt' of Merchants tradeing to the East Indies, relateing to Bombaim), unto 

fol. 205 ' *^^ Right Honble. the Lords of the Comittee of Trade, and 

Forraigne Plantations. Their Lordships did this day make a Report 

in the words following 

May it &c. 

His Majestie being graciously inclined to promote the Interest 
of his Subjects of the East India Companie, and considering that the 
impediments of their Trade doe lie in the arbitrary Duties which are 
imposed at Tannah and Carinjah, Hee hath thought fit to approve 
the said Reporte. And the Right Honble. Mr. Secretary Coventry 
is not onely to prepare a Letter for his Majesties Royall Signature 
according to the effect thereof ; but the said Company are hereby 
required to forrbeare, and refuse, the payments demanded in the said 
Places, and even to resist the same in the best manner they can. 

And whereas upon reading of the said Report, the Company did 
then present unto his Majestie, an humble Petition prayeing for an 
additionall Clause to the effect following. 

That whereas his said subjects had further represented unto him. 
That they haveing a Right to halfe the Customes which are paid at 
Gombroone in Persia, as the Portugeses have the like at Cong in the 
same Kingdome ; and that it hath bin the anntient practice for European 
Nations in India, to grant passes to the native Junks or Shipps for 
security in their Navigation to Persia and other Parts : It hath hapned 
of late (contrary to the said Practice) that refuseall is made, by the 
said Vice Roys orders, to give passes, unto any Junkes that would 


sayle to Gombroone, thereby obligeing all shipps to a necessity of -^"^^^^p. J^*' 
goeing unto Cong, or else exposeing them to the perrills they would c^'^^o 77* 
avoyd if they goe to Gombroone, where the English are concern'd in the Vol. XIII,' 
duties as aforesaid. And whereas this refusall seemes to beare not folio 205. 
onely the markes of some unkindenesse and disrespect, unto the 
English Nation, but a sort of Injustice, which may deservedly draw 
on a like practice and refusall, on the Companies part : Therefore his 
Majestic does earnestly desire the said Vice Roy to recall the said 
Prohibition, or any other orders given to the Like effect, as being 
Contrary to the Treaty of Marriage, which aimes at nothing more than 
the Union of both Nations, The muttuall affection, and Brotherly 
friendshipp which, on all Occasions is to bee exercised towards each 
other ; and which is soe heartyly desired by his Majestic. 

Upon reading of which Additional! Clause, his Majestic was 
gratiously pleased to approve the same. And Mr. Secretary Coventry 
is to take care to see the same added accordingly. 

[ Endorsed.] 

23rd February 1676/7. 
Bombaim Order. 

To be Right Honoble. the Lords of S^d'^^O^" 

the Committee for Trade and Plantations. C "^ O. 77* 

The humble representation of the Governor voi, xili] 
and Company of Merchants of London trade- fol. 206. 
ing to the East Indies. 

That the said Company have a Right to the one half of the Customs 
that are paid at Gombroone in Persia, and the Portuguez have the like 
at Cong in that Kingdome. 

That it has been an auntient practice for European Nations in 
India to grant passes to the native Jounckes or Ships for their Security 
in their navigation to Persia and other parts. But of late the Company 
understands from their president and Councell at Surratt, that the 
Portuguez doe refuse to give their passes to any Jouncks that goe 
for Gombroone, thereby t« force all ships that formerly paid Custome 
at that Port to go unto Cong, which is not onely an Act of great 
unkindness, but of contempt to the English Nation and contrary to the 
Articles of Peace and is highly resented by the Governour Shawbunder 
and Merchants of Surratt as Injurious to them in their Commerce, 
which refusall of the Portuguez if they should persist in, they may in 
reason expect the like retahation from the Company. 

And therefore the said Governor and Company humbly 
represent the same unto your Lordships That such course 
may be taken for redress of this greivance as to your Lord- 
ships shaU seem fitt. 

[ Endorsed.] 

Tlie East India Company's humble 
address to the Rt. Honble. the 
Lords Comittees for Trade. 

Read in Councill. February 23rd 1676 [1676/7]. 


Public Re- Charles the Second by the Grace of God King of England, 
TOrd ^Office. Scotland, France and Ireland, Defender of the Faith, &c. 

Y^'i29^^^^' To Our Trusty and Wel-beloved Sir Abraham Shipman, Knight, 
one of the Gentlemen in Ordinary of Our Privy Chamber, Greeting. 

Whereas Wee are willing to give all protection encouragment and 
assistance to Our Subjects and people in and upon Our Island 
of Bombay in the East Indies, and that Wee have thought fiitt 
effectualy to provide for the security and Government thereof. 
Know Yee therefore that Wee reposing Special Trust and confidence 
in the ability, direction, fidelity and experience of you the said 
Su' Abraham Shipman, have Assigned, Constituted and appointed, 
and by these present do Assign, constitute and appoint You To 
be the Governor and Commander in Chiefe in and upon Our Said 
Island of Bombay, and of all Our Forts and Forces raised 
and to be raised there for Our Service, either in the said Island, or 
in any other Island or part of the firm land in the East Indies, 
which shall be either conquered by Us, or be rendred and delivered 
up to Us, untill Our farther pleasure be known, and the Commands 
of the same be otherwise disposed of by Us, and to do and execute 
all things in due manner to the said Trust and Office appertaining 
which may tend to the defence security and good Government of Our 
said Island, and other the premisses, and to the Orderly and peaceable 
conduct and preservation of the Soldiers, Planters, and other Inhabit- 
ants there residing, according to such powers and Authorities as are 
now by this present Commission and such Instructions as are now, and 
shall from time to time be given unto you by Us, and according to such 
good, just and reasonable Customes and Constitutions as are exercised 
and setled in Our other Colonies and Plantations, or such other as 
shall upon Mature advice and consideration be held necessary and 
proper for the good Government and security of Our said Island of 
Bombay, and other the premisses. Provided that they be not 
repugnant to Our Laws of England nor to the late Treaty concluded 
between Us and Our good Brother the King of Portugall ; And Wee 
do hereby give full power and Authority to You, the said Sir Abraham 
Shipman, to Muster, Command and Discipline All the Millitary Forces 
of Our said Island and other the Premisses at all convenient times, 
and to fight, kill, slay, repress and subdue all such as shall in an hostile 
or mutinous manner by insurrection, or invasion disturbe the peace 
or attempt the Surprize of Our said Island of Bombay or other the 
Premisses, And for the better Suppression of mutinees, and actuall 
Insurrections, and Invasions, when the ordinary course of Justice 
cannot be well and safely attended and applyed to, That then you the 
said Sir Abraham Shipman do put in Execution the Laws Martiall 
according to the practice and constitution of a Court Martiall upon 
Soldiers only, And you are hereby also impowred and authorized to 
Nominate and Constitute all Officers in the places of those that dye, 
or such places as otherwise shall become void. And wee do hereby 
require the severall Officers, Ministers, and others, the Soldiers 
and people of Our said Island and other the Premisses, to 
acknowledge You for Our Governor thereof. And all the said 
Soldjers and people are to be Obedient unto you as Our Governor and 


Commander in Cheif in and upon Our said Island of Bombay, and 
other the Premisses, in pursuance of this Our Royall Commission, and 
the Instructions which you shall receive from Us. 

Instruction for Sir Abraham Shipman, Knight, Governor Public Re- 
OF Our Island of Bombay in the East Indies. cord Office, 

C. O. 77, 

1. You are by virtue of your Commission under the great Seal, Vol, XLIX, 
and such warrants, and directions as you have had from Us, or Our folio 131. 
CounceU, to receive under your Command the Forces of Foot raised 

in England for Our Service in the East Indies, and from the Rendez- 
vous at * Wind and weather serving, to Sail directly to t* blank.] 
Our Island of Bombay aforesaid. 2. Whether 
^ the Earl of 

2. Being there arrived, you are as Our Governor of that Island Mariebrough 
and Country within the extent of your Commission to demand and j^^ Comm^^ 
receive the same with the Artillery, Amunition etc., into Your Posses- sion to take 
sion from the Governor of our Brother the King of Portugall. Possession of 

the is land 

3. You are not to apply any of the Provisions, or pay of Our Forces and to deli- 
for support of any the Inhabitants not in pay, but in all cases of their ^er it to Sir 
want or straits, you are to dispose of them so (any thing to the contrary shir^i^an* ^ 
notwithstanding) that Our Towns and forts in Our said Island may not ^, . ' . 
be endangered thereby. Mv Lo/d 

4. Our maine design in putting Our Selfe to this great charge for hand, 
making this addition to Our Dominions being to gain to Our 
Subjects more free and better Trade in the East Indies, and to enlarge 
Our Dominions in those parts, and advance thereby the Honour of 

Our Crown, and the General Commerce, and Weale of Our Subjects. 
You are with all convenient speed and advice to make use of the best 
ways and means for incouragment and invitation of Our Subjects and 
Strangers to resort and Trade there, and you are especially to give all 
manner of incouragment, helpe and assistance to the Subjects 
of the King of Portugall in the East Indies, and to protect them as 
much as in you lyeth in their Trade and Navigation there ; you are 
also to keep a very good Correspondance with the Vice King of Goa, 
and all other Portugall Governors, and likewise with the Natives of the 
Country, and to do all you can to settle a Trade amongst them. 

5. You are to administer the Oath of Allegiance unto every person 
in the said Island capable by law to take the same. And We do hereby 
give and grant you full power and authority to Administer the said 

Quaere. Whether he shall hand power to Erect Judicatories 
for Civil Affairs and for the Admiralty. 

The present business being to Settle the Garrison 
you can hardly give him other then generall 
Instructions, till you receive some account from 

6. You are Principally to take care that drunkeness, and all 
debauchery be discountenanced and punished, and that none be 
admitted to any public k Trust or Employment whose ill Conversation 
may bring scandall thereupon, And that the Protestant ReUgion 


Public Re- according to the profession and practice of the Church of England may 
cord Office, have due Reverence and Exercise among them ; The Treaty made 
V61. XLIx' between us and Our good Brother the King of Portugall being 
folio 131. ' nevertheless Observed and kept inviolable. 

7. You are for the better defence of Our said Island and security 
of Our good people to use all possible care and expedition for the 
Compleating of Fortifications and rendring them defensible, for the 
effecting and finishing whereof you are to command all fitt and able 
persons to work by turns, and to punish such as being duly Commanded 
do refuse or neglect to do the same. 

8. You are to give such Encouragment (as securely you may) to 
such Natives and others as shall submit to live peaceably under Our 
Obedience, and in due submission to the Government of the Island. 

From this And you are to suffer them to enjoy the Exercise of their own Religion, 

place to the vtdthout the least Interuption or discountenance, 
end of the ^ 

vfTiUen^ ^f^ ^' ^^^ shaM from time to time, as often as opportunity can be had, 
My Lord &i^^ ^^ Account to Us of the Condition of Our said Island, and of the 
Chancellor's Affairs and Inhabitants thereof, and such other Intelligence as you 
hand. can collect of any other places or things relating to the East Indies, 

and which may concern Our Service. 

This wasaiso I think it will be necessary to give him very particular direction 

Qia*ncellor's^ to keep a good Correspondence with the Vice King of Goa, and all 
hand. other Portugal Governors, and likewise with the Natives of the Country 

and so do all he can to settle a Trade among them. 

This was in You know what Instructions My Lord Marleborough hath, but 

My L r d it will be very fitt and indeed necessary That the King write a Letter 

Chancellor's to the Vice King or Governor of that Country under the Portuguese, 

own hand. ^^^ ^j^.^ .^ ^^^ Person to whom he is to deliver that Island, the 

directions from Portugall being that he should deliver it up unto such 

Person as the King of Great Brittaine should appoint to receive the 

same, in the same manner as you did for Tangier. 

[ A pencil endorsement on a duplicate of this document (in 
CO. 77/13) reads as follows : — ] " These Instructions to Sir 
A. Shipman were dated March 1662 : he died at Bombay 
in April 1664, but the whole matter was before the Council 
of Trade 16 January, 1676/7 and these seem to be the very 
papers then read and entered in S.P. East Indies 15, p. 131 
etc. Hence they are placed here. E.S." 

P"Wic Re- On the 16th of January 167? Sir Robert Southwell made a 

ojrd ^Office, Report unto their Lordships touching the Mapp of Bombaim 

Vol. XLIxi which could not be found, as also concerning the foregoing 

foHo 134. ' Commission and Instructions of Sir G. Lucas as followeth. 

May it please Your Lordship 

In Order to Redress Injuries complained of by the East India 
Company received at Bombaim, Your Lordships directed Inquiry to 
be made first for the Map presented by the Portugal Ambassadore 
when that place was offered in the Treaty, which Map would 
certainly have cleared up the point in Question. And next the 


Commission and Instructions given to Sir Jervis Lucas, when hee Public Re 
went to the Government of that place, to rectifye all abuses that c°^^o^^77 
had been offered in the Non -Surrender, or in the Surrender but of y'^i xLIx' 
part what by the Treaty was intended. folio 134. 

As for the Mapp, neither by the Lord Clarendon, who has made 
Search after it, nor Sir William Morrice, then Secretary of State, who 
acknowledged the receipt of a small Box of Plantation Papers from the 
old Lord Clarendon at his departure, nor by Sir Philip Warwick, who 
lived with the Earl of Southampton at the time the Council sate at 
the Earls house, and that the said Map was there exposed, can any 
manner of Tydings be heard thereof. 

And as to the said Commission and Instructions (which doubtless * [ sic 
contained the extent and purport of that Map) I can leave* ? learn] 
no news of them in the Offices. But hearing that Sir Jeffrey 
Palmer, then Attorny Generall, was consulted as to the Powers of 
the Commission, I made Inquiry with Mr. Johnson, then 
Clerke of the Patents, but he can neither remember or find any foot- 
steps thereof. 'Tis probable both are at Bombaim, where Sir Jervis 
Lucas died, and so in the hands of the Companies President there. 

But as to the Commission and Instructions of Sir Abraham Ship- 
man, the first intended Governor, I have the Drafts of those given 
mee by Mr. Cook, in the Original Papers, as they were prepared by 
direction of Mr. Secretary Morrice, in whose own hand I find inter- 
lined, in 5 or 6 places of the Commission where Bombaim is mentioned, 
these words, And other the Premisses, as if it were an omission not to 
understand that more then the bare Island was granted, and to be 
possessed by the said Governor, Yet to leave unto your intire Judgment 
of this Inference, the proceeding words of the Commission are these. 
Wee constitute and appoint you Governor and Commander in chief 
in and upon Our said Island of Bombay, and of all Our Forts and 
forces raised, and to be raised there for Our Service, either in the 
said Island, or in any other Island, or part of the firme Land in the 
East Indies, which shall be either conquered by us, or be rendered 
or Delivered up to Us. 

Now whether these last words of rendring, and delivery, following 
that of conquering do not relate to what might be done on the 
Indians, or what the Indians might voluntarily doe, rather then what 
the Portugueses by the Treaty were obliged to doe. Your Lordships 
will best determine. And as Your Lordships understand this, so 
will the Instructions be understood. 

For the second Article thereof directs thus. Being there 
arrived you are as Our Governor of the Island and Country within 
the extent of Your Commission, to demand and receive the same, with 
the Artillery, Amunition, etc. These are the words of most scope 
and remarke for the Title of the Instructions is barely thus. For Sir 
Abraham Shipman Knight Our Governor of Bombay in the East 
Indies. And in all other the Instructions, Bombay, and the said 
Island is only mentioned without reference to any Map or particular 
direction as to the extent and meaning of the Treaty though in several 
places, these Instructions have amendments in My Loid Clarendon's 


^^^om^' ^^" hand. All which is mentioned to Your Lordships to give a faith- 

C. O. 77' ^^^ account of what that Commission, and those Instructions doe 

Vol. XLIxi containe, for they are not the Rule of His Majesties Right, if they were 

folio 134. as redundant as they seeme scant, But the Treaty is the Rule, and 

I suppose the true Interpretation thereof would much better appeare 

in the tenour of that Commission and Instructions which was given 

to Sir Jervis Lucas, where all circumstances were fresh, the persons 

in Authority, who had framed the Treaty, and sufficient Provocation 

given to assert his Majesties right. 

And yet what greater elucidation in this matter seems necessary 
to Your Lordships then one Article of a Memoriall presented the 
Portugall Ambassador at that time (unto which there seems never to 
have been made any reply) dated the 25th of July 1663, in the words 

" Moreover His Majestie insists very earnestly that not only Justice 
be done upon the Vice King in the Indies who hath so falsly and 
unworthily failed in the Surrender of the Island promised to His 
Majestie there, but that repairation be made for the loss he hath 
sustained in sending Ships and men to take possession of it, the Charges 
whereof are valued by the Officers of His Majesties Navy to amount 
unto at least One hundred thousand pound Sterling. And that like- 
wise more effectual Orders be reiterated thither for the Surrender of 
the said Island to the full extent exhibited formerly to His Majestie 
in the Map containing not only Bombaim, but Salzede, and Taan, and 
so promissed unto His Majestie, for the possession of which the Troops 
are yet detained there, suffering much inconvenience in the expectation 
of it. 

After this I shall only presume to acquaint Your Lordships that 
Sir Abraham Shipman Dyed before he could obtaine possession of 
Bombaim, And one Cook, his Secretary, pretending a power delegating 
to him by the Governor's will to take possession, as on the one side 
he was impatient to have it, either for his own ends, or to be in better 
aire then the infectious place, where 300 of the 500 Soldjers sent 
over did dye in attending the Surrender, or that on the other, the 
Portugeses were now become more sensible of the wrong, or that they 
might better impose on him any Conditions, hee having now not men 
enough left to fill up the extent of what by the Article they were to 
give. But the conclusion was he entred not till he had very solemnly 
signed a particular -Capitulation with them to the effect following : — 

1. The Portugeses or others may freely come. Sell, buy, and Trade 
at their Islands and Countries through their Port of Bombaim, and 
be free of all payments. 

2. The said freedome of Trade shall be particularly understood at 
Bandora, and other the Creeks of Salsett, though under the English 

3. The Runaways to be protected. 

4. The English are not to meddle with matters of Religion, on 
paine of forfeiting their Right in the Island of Bombaim. 


5. The Fleets and Boats of Portugall to have free Egress and Regress, Public Re- 

without asking leave, because part of the Bay belongs to them in cord Office, 

respect of their other Islands and Countries. 9- , ^\., 7Z' 

^ Vol. XLIX, 

6. The Inhabitants to Enjoy, or sell their Estates. ^°'*° ^^*- 

7. That Inhabitants of Salsett, Carinjah, Baragaon (which is 
Trombay) and the rest of the Islands of the Portugese Jurisdiction, 
may freely fish in the Bay and River, even in the Arme which enters 
and divides Bombaim from Salsett by Bandora, up into the Bay, And 
the Inhabitants of Bombaim may do the same without Tribute or 
Custome on the other side. 

8. That Workmen may be hired from the Portugeses but not 

9. No Run-aways to be admitted and detained upon pretence of 
changing their Religion on either side. 

10. That the Lady in whom the Government of Bombaim was, 
may yet freely enjoy her Estate. 

11. That no Inhabitants shall loose their Right either Patrimonial, 
or what is held from the Crown, but it shall descend, and they may 
alien unless they forfeit according to the Laws of Portugall. 

12. The Ecclesiasticks not to be molested, but to have their 
churches free. 

13. The Inhabitants who pay Tribute to the King shall pay no 
more to the King of England. 

14. That all reciprocall friendship and good Offices shall pass from 
side to side, as being the intention of the Treaty, Dated in Pangim, 
or Goa, the 14th January 1665. 

Antonio de Melo De Castro. 

From which unwarrantable proceeding on either side, the 
Portugeses have taken Colour to restraine, and disturbe the pros- 
perity of his Majesties Subjects, as much as possible they can. 

And as it seems a good argument that they were to part withall, 
which by this sinister way they thought to regaine. So is it now before 
Your Lordships (as many other things) to Judge whether His Majestie 
may not make this a fit ground of Complaint to the Prince of Portugall, 
that His Subjects should so unjustly and presumptuously take upon 
them to make Articles contrary to the publick Treaty between the 
two Crowns, and to constraine the execution of such Private ones, 
before the performance of the Publick. 

All which is most humbly Submitted. 

The following petition of the Company gives a very vivid 
account of the state of Bombay, and raises most interesting points 
of International Law. The Company was, I believe, perfectly 
right in their contention that there was no analogy between 
Elsenore and Bombay, and the dues exacted by the Portuguese 


did undoubtedly subject them to very grave hardship. Their 
commerce was affected no less than their relation to the Indians. 
The account of Bombay will be read with interest by her 
citizens to-day. Mr. Humphrey Cooke's unfortunate treaty with 
the Portuguese is still the object of their dislike, and we have a 
few pointed references to that unlucky bargain. The chief argu- 
ments adduced by the Company may be summed up under six 
headings : 

(1) In the first place, there is the inevitable question of Free- 
dom of Trade. This is by far their strongest line of defence, and if 
they had adhered to, and insisted upon, the observance of this 
fundamental right, it would have solved many of their difficulties. 
They had also asserted this principle against the pretensions of 
the Dutch, and their history during the first sixty years of the 
seventeenth century is nothing else but a record of their struggle 
for the maintenance of this principle. It must be confessed, 
however, that its application to the particular case was hardly 
justifiable. Freedom of Trade did not imply negation of customs 
duties, and if the Portuguese claim to the places in dispute is 
acknowledged, then the Company's assertion of this principle is 

(2) If, on the other hand, duties are enhanced to such an 
extent as to amount to an " Interdiction of Commerce " then it 
is clear that the Company have justification for their refusal to 
pay them. This was alleged by the Company, and there can be 
no doubt that the commercial development of Bombay would 
have been impossible if all the implications of Cooke's Treaty had 
been mercilessly deduced to their logical conclusion. 

(3) Moreover, if duties are charged for a " bare passage in a 
streame of the Sea " and the stream is a " work of nature " 
and (4) no lights or buoys are maintained for the security of 
the passage of the ships, it seems unreasonable to demand an 
exorbitant duty. 

(5) The Company were prepared to pay " a moderate thing", 
but they denied that (6) any analogy existed between Elsenore 
and Bombay. 

So far we are on safe ground, and it may be conceded at 
once that the Company were justified in their complaints. The 
Despatches of the Directors, and the frequent complaints of 
their servants, show clearly enough the hardships, and even 
humiliation to which they were subjected. 


The other claims of the Company were more doubtful. 
They contended that (7) they knew " nothing that gives bounds 
or limits to this Bay, but the Circle of the Main Land round 
about, unto which it flowes, part whereof being claimed by the 
King of Portugall, his grant of this water ought there to bee 
carried on as far as may be most beneficiall to his Majesty who 
received the grant." If followed, (8) that, the other part of the 
main land, belonging to the Great Mogull, not being a matter of 
dispute, " the whole body and surface of water that flowes in 
and the whole Fundus bellow even up to the high water mark is 
the King's, and the Land between the high and Low water mark 
is among the Rights of the Admirall." 

They asserted (9), moreover, that if this "water were given 
to His Majesty as port. It was given as a place of safety from 
stormes, and for relief of the Damages, which are received at Sea, 
and asked pertinently if the Moguls will not be justified in levy- 
ing all sorts of dues, should any English ship " come into 
port wanting Timber and other necessaries to refitt." Moreover, 
(10) " The Sea where it is mastered, seemes to carry with it a 
right of Dominion whithersoever it goes." " The first conquest 
of those Islands were made from the Sea, and where the Sea over- 
flows any Territory of the neighbouring Land, all that space 
of Sea {and in virtue thereof all the Land below it) belongs to that 
Prince, who had the sovereignty of the Sea before." This, it 
must be confessed, is rather a shaky foundation on which to 
build an imposing edifice, and we can only marvel at the 
ingenious devices of these supple Directors. Their incursions 
into International Law would have been more successful if they 
had been backed by reUable authorities. 

Our East India Merchants were apparently men of principle, 
and here, as elsewhere, principles are liberally sprinkled over a 
moderate amount of facts. They champion Mercantilism, Free- 
dom of Trade, Commercial wars, and Free Trade with the same 
facility and verve as they champion the war against Aurangzebe, 
or the Interlopers. Witness their development of this theory: 
" Therefore wee cannot think the Portugueses would know how to 
Complain, should wee by his Majesties permission, strengthen 
Our hands, and by a Rule of retahation stop all their shipps 
comeing into the Port, that are bound to Tannah, Bassain or 
Carinjah, levieing as arbitrary duties on them as they impose 
upon us." Their grounds for this startling deduction were 
expressed in the following, " Ought not the Main Land bee as free 
for the English as the Main Sea to the Portugueses ? Will they 


give us a port and forbid us the use of that Land which makes 
it a port ?" 

The documents reproduced below show the extent of the 
influence of the East India Company on the policy of Charles. 

Public Re- To the Right honble. The Lords of the Committee for trade 

cord Office, and Plantations. 

C. O. 77. 

Vol. XIII, The humble Representation of the Governor and 

folio 168. Company of Merchants of London tradeing to the 

East Indies. 

May it Please your Lordships 

Being encouraged to lay before your Lordships such informations 
and matters of Fact relateing to the buisness of Bombaim as suted most 
to your Lordships debate on the 16th January last, and which might 
best promote the Points that were in Issue before you, Wee presume 
in the first place to informe your Lordshipps what wee are in posses- 
sion of ; what it is wee want ; and what wee think under his Majestic 
wee have Right unto. 

Wee hold the Island of Bombaim and that spot called Mahim as 
a part thereof, on which part there has at all times beene a head 
Custome house, and particularly at the time when this Island was 
delivered to his Majestic, and there did all the Boates and Vessells 
belonging to Bombaim, as a dependent on the Custom house of Mahim, 
Salsett, Barragone or Trumbay, Carinjah, Elefante and the Patecoes, 
pay their dutyes, and never did any of these pay at Tannah, but 
alwaise at Mahim. No nor did the Boates of the two Moorish Cittyes 
Galiana and Biondi for their passing or repassing at that Streight either 
pay Custome or for Passage, but allwaies paid duties at Mahim, as 
manifestly apeares in both cases by the Forall which is the Custome- 
house Record of that Place, much less was anything paid by those of 
Bombaim at Carinjah, which it selfe was dependent on the Custome- 
house of Mahim, Mr. Humphry Cook, notwithstanding his Infamous 
Capitulation to the contrary, did retain many of the duties payable 
from the Port Townes in Salsett, so that when Sir Jarvas Lucas 
arived as Governor at Bombaim he imployed two Commissioners to 
receive and improve his Majesties Customs there, One of which, Mr. 
John Evans, attended your Lordships the last day, shewing the 
Accompts of his Collecting the duties of Colai and Bandora Vessava 
and Murr by a Substitute from Mahim, and that he farmed out those 
of Trumbay at a publick Outcry, continueing in the Office from 
November 1667 to August 1668 when the Company entred and 
Imployed Officers of their owne ; But by Our Letters of January 1674 
The President sayes that he was threatned to be deprived of the 
Customes of Trumbay, and had actually for three yeares been denied 
those of Vassava and Murr, two small Ports on the West side of 
Salsett, which in the King of Portugalls time did allwaies pay to 
Mahim, and the Portugees doe own that in the Island of Salsett 
there being 130 Villages which are devided into three districts, one 
of them paying their duties to Basaim, the other to the Custome house 
at Tannah, that the Third (consisting of 70 Villages) did still pay 


duties for all thinges exported or imported at the Ports of that Public Re- 
District, which is alsoe suteable to the said Forall of Mahim, And 9?^^ ^^5f' 
Mahim was indeed formerly the name of the whole Island, and here y^ j xili' 
in former times the Kings Court was kept and a great Castle Built in folio 168. 
the time of the Moores Government. 

Wee are in possession of the small Island of Pat egos, which onely 
serves in the Winter Season for the Feeding of Catle. But Wee are 
not possessed of Elephante nor Sevine Nevine, and much less of 
Carinjah, tho' they all stand in the Port of Bombaim surrounded by 
the salt water thereof. 

Wee doe not know by what infallible signes and markes to chalke 
out the Boundaries of the Harbor of Bombaim, But it seemes part of 
an argument That it extends to all the Bay of Water within ; seing the 
Vice Roy Antonio De Melo (who perverted all things) did (in his 
injurious Capitulation forct on Mr. Cooke) insert this fifth Article as 
f oUoweth . 

"Item, That the Fleets of the King of Portugall as well Ships as 
Boats with Oares and all other his Ships whatsoever may at all times 
enter into and depart from the said Bay without any impediment 
to bee given them or askeing any leave, for as much as on accompt of 
other Islands and Territories which he hath, part of the said Bay 
belongs unto him, and thereof he may have the free use thereof as a 
thing which is his owne without doubt or Question." 

For a second Argument, wee can asure your Lordships that our 
President and Councell living upon the Island of Bombaym doe soe 
farr understand the whole Bay to be the Port of Bombaim as that in 
Virtue of the grant thereof by the Treaty (when they did in 1672 send 
Agents to the Vice Roy of Goa, touching the abuses at Tannah, and 
Carinjah) they did sett up a title to Carinjah upon Accompt of its 
Scituation in the Bay, for their Instruction runs thus. As to Carinjah 
you are to urge that it lies within the Bay or Port of Bombaim and by 
consequence does belong as an undoubted Right to his Majestic. 

And in their Letters to us of the same yeer, they prest us to 
Consult here with some Eminent Civillians, to know whither the grant 
of the Water does not draw with it the Right of Dominion over all the 
Islands that stand therein and over those small Streights and Passages 
which make it. And in another place they farther add that the 
Portugueze are very injurious for detaining all the Islands within the 
Bay, which doe all by Right and Justice belong unto Us (excepting 
Salset) even by the Confession of many among themselves, and that 
in Salset alsoe wee have right and Dominion to all the Port Townes 
which ought to pay Customs at Mahim, as formerly in the Portugall 
time they did, etc. 

But wee are now onely on that Point which Concerns the Extent 
of the Bay, nor doe wee hear the Portuguez oppose better Arguments 
why the whole is not the Port of Bombaim then that in some places 
within there are Variety of Names, as the River of Trombay, the River 
of Tannah, and the River of Carinjah, as the same Water washes or 
comes nigh the Banks of those places, whereas wee think these Names 


Public Re- are but given as the subdivision of Streets in the same Towne, or as 
cord Office, if a Vessell should not bee said to bee in Falmouth or Milfordhaveii 
^- i^'xn [' because shee Road in some Creek thereof, that went by another Name, 
folio 168. though supplied from the Water of the Common Bason. 

Lately in consulting the ancient writeings and descriptions of the 
Portuguezes and particularly a Survey taken by Order of the Vice 
Roy of Goa about 1636, wee finde the Port of Bombaim to bee 
described for the largest and deepest in India, two Leagues wide at the 
Entrance, and so spatious further on within as not to admitt of the 
Fortification which was earnestly designed for Security of the Port. 

Then in the very bottom of the Bay, Water and appurtenances 
neer Tannah, is a Fort called the Bullwork of the Sea, which being 
three Leagues up from the Harbors Mouth, Imports the Continuation 
of the Sea, and Wee supose the Extent of the Harbor, and in no other 
part does the Water reach so farr, so that Wee cannot doubt of Our 
property in the whole Bay, but the Occasion of our present greivance 
and Complaint arises from the Impositions laid on us by the Portuguez 
for tradeing with the Moores (subjects of the Savagee and of the Mogul) 
even for those things which none but the Moores can furnish. And 
because the Injustice of proceedings by the Portugalls Ministers may 
bee made the more cleere and evident, Wee shall bee obliged to give 
your Lordships minutely an account of some things that serve them 
for the Grounds of their Injustice, and so describe the Situation of 
those places where wee are constrained to pay Tributes, That your 
Lordships may see how a Fort of two Gunns is compared to Elsinore, 
a River broad as the Thames unto the Sound, and either the Harbor 
of Bombaim or the Road of Basaim unto the Baltick Sea. To begin 
therefore by the small Inlett of the Sea which is caled the Road of 

First Basaim is a Citty of very good Consideration, and the Seat 
of a Governor, that has many Leagues thereabouts within his Jurisdic- 
tion ; It stands on the main Land on the North side of the Road, about 
half a League up from the Sea, and about two Leagues higher is the 
River of Biondi, and about a League higher that of Galiana, haveing 
seated on them two considerable Cittyes of the same Names about 
two Leagues up in the Countrey, which belong to the Prince Salvagee, 
who is revolted from the Mogull, and these afford great plenty of 
Trade, nor can wee buy Wood or Timber or scarce Provisions for our 
occations elsewhere ; the Land all adjoyning to the Road of Basaim, 
and which turnes away Northward is, towards the shoar at least, 
claimed by the Portugeses, but for the Southside of this Road of 
Basaim It is made up by the Island of Salsett, whose East side comes 
up close to the Main and makes the Passage, which is not there much 
broader than the Thames, so that for about the length of two Miles it 
is caled in that streight the River of Tannah, and perhaps for a good 
way lower from a Village of the same Name that appeares in the Map. 
But a litle further on beyond Tannah the Water widens, and there 
onely begins (as has been said) the Inner part of the Port of Bombaim 
when the tide is out, and that all the Channell further up about Tannah 
is left Quite dry. But when the Tyde fiowes in, then alsoe doe the Waters 
of the Port of Bombaim shoot into that Streight and encounter the 


Tyde that flowes up by the Road of Basaim, as shall presently bee Public Re- 
said ; But first it will be fitt to give a particular accompt of the Three ^'^*^o^^'^' 
Forts which stand in the length of this Streight ; Whereof the First vol. XIII,' 
that stands towards Basaim is caled Belgrade, situated oposite to the folio 168, 
two Rivers of Galliana and Biondi, and about half a League from 
Tannah. The second is called Passo Secco, built in the niiiddle of the 
Stream just by Tannah, and the Third is a Gunshott lower towards 
Bombaim, and called as before the Bulwark of the Sea. 

In this narrow are severall turnings of the River which is fitted 
with mighty stones that all ly dry to the bottom for above a Miles 
space, when the Tide is out, so that when the Tide flowes in (as it does 
by both these waies at once) there is in aU that space so mighty a noise, 
and such furious contention of the Waters for neer an howers time, 
that all Boates and Vessells are fain to attend till the Tide be full, and 
then the Rage and motion thereof ceases, as it is at London Bridge, 
so that Vessells from 20 to 30 Tunns doe pass with their ladeing. And 
at the returne of the Tide the Noise and Motion of the Waters is much 
(tho' not so great as before) untill all be left dry for the space of a Mile 
as has been said. 

Belgrado, as standing neere on the side of Salsett, is alsoe then left 
dry, but the Bulwark of the Sea is never so. Belgrado was erected 
(as the auntient Narratives sett forth) to guard against any incursions 
that might bee made on Salsett or Tannah from the opposite Rivers 
of Galiana and Biondi ; The middle Fort was to guard the passage 
against the Moors from the other side the passage when the Tyde was 
out, and to defend Tannah which was a place unwalled; and the Third 
Fort was not onely to help herein, but to keep off from Tannah the 
Pyrates that might enter by the Port of Bombaim. The Charge and 
Expences of these Forts to the King of Portugall are as Followeth. 

In Belgrado there are two or three small Gunns, a Commander, 
Eight Souldiers, a Gunner, a Lamp tender and four Mariners, The 
yearly expence 687 Pardoes which makes 52U. 4s. 9|i. sterling. 

In the middle one, called Passo Secco, there are two small Gunns, 
a Commander, Four Souldiers, a Gunner, a Lamp tender and four 
Boat men, which makes the yearly Charge of Five hundred Twenty 
Two Pardoes that is 39/i. 13s. lOd. sterling. 

In the BuUwark of the Sea, where there are 5 or 6 small Gunns and 
Chambers, an Officer, Eight Souldiers, a Gunner, a Lamp tender and 
four Boatmen, which cost 747 Pardoes a yeare, vizt. 50/i. 16s. Old. 

Soe that the designe, importance and expence of these severall 
places being here sett forth, aU of them point directly att the defence 
of Tannah without any fruit or benifit unto Bombaim, or the Security 
of the Ships rideing in the Port, but on the contrary Bombaim is 
indeed a Frontier and a Buckler on the Sea to All these Inner Parts. 

The Main Land opposite to Tannah is by the Portugeses reputed 
to bee under their Jurisdiction, which they maintain by protecting a 
Moorish Captain or sort of Prince revolted from his Superior, who 
Uves about the River Saboio, and has an allowance for 20 hors[e] and 



Public Re- 500 Foot, which hee is to raise and scoure the Country withall in times 
c'^^^O^*??' ^^ Trouble, but there are no Portugeses that live upon this Tract. 

7r Ses^^^^' '^^^ ^^^^ place to bee described is the Island of Carinjah (two sides 
whereof front the Main Land of the Mogull) from whence when the 
Tide is out, one side of the Island is exposed to the incursion of the 
Mooreish horsemen, who by layeing Faggotts on the Mudd make a 
shift to gett over and committ great spoyle, wherefore, for the defence 
of the Island, there is allowed Pay for A Captain, Six Souldiers, a 
Gunner and some other help which cost the King yearly 480 Pardoes 
that amount unto 36li. 10s. Od. sterling. But the Militia of this Island 
is considerable, and there is a good Fortification in it with Severall 
Gunns. The Fruits of the Island are Rice and Salt, from whence the 
Revenue ariseing to the King is Farmed at 2200 Seraphims which is 
under 200li. sterling. 

At the South End of this Island are some Gunns which Comand 
in all Our Boates as they ever goe to, or come from Pennah or Magillan, 
to Trade with the Moores in the Country of the Mogull. And if our 
Boates keep off, because the Streame is so wide as that their Gunns 
cannot reach them, then doe they Arme out Small Boates with Soul- 
diers and Levy on us what they please, not for the King of Portugall, 
but for the Commanders owne Private Use, as is affirmed, so that when 
wee putt armed men in Our Boates (as often wee doe) and resist this 
Payment, the resistance is Quietly borne and no Complaint is ever 
made thereof. 

But at Tannah wee have not hitherto taken upon us to resist, 
because their Forts stand thick, and require us to Call in at Tannah 
and there to pay what the Custome Officers demand, which is on some 
goods 10, on some 12, and some 14 per Cent as they think fitt, which 
is very hard that when we have paid one duty for them to the Moores 
at Biondi or Galiana (whose duty is there as generally in other parts 
among the Indians, but 3 and f per Cent) that so heavy a Tribute 
should bee forced on Us, for but bare passage in the open Streames, 
and forced to come in and pay the same ; for wee refuse not where 
wee Land and Trade to pay all dutys of the place, as wee freely do to 
the Portuguese when we Trade at Basaim, or have our buisnesse at 
• [sic] Tannah, If wee buy at *goods at Basaim then have wee a Certificate 
of the duties that are paid, upon the view of which at Tannah we are 
suffered to pass free, and not otherwise. The Customs at Tannah are 
computed at 4200 Zeraphims which is about 370^*. a yeare. 

And notwithstanding there is no wood, or Shipp Timber for use 
growing any where but in the Savagee's Country and none of it with 
the Portuguez, yett by a monopoly of Timber granted antiently to 
the Governor of Basaim by the Kings of Portugall, on pretence of 
building shipps in the time of Warr for the Kings Service, and so to 
the end the Timber might not bee diverted, no man must buy Timber 
from the Moores and bring it downe by the Streame of Tannah, but 
it is Seased and Confiscated without the Governour's licence ; which 
Licence doth cost more than is paid for the Timber to the Moores ; 
And it is alsoe said that the duties on other goods so unjustly taken 
are Cheifly converted to his owne use, there never haveing apear'd any 
Order from Portugall to levy the same ; For it is certaine (as hath 


bin said) that the Inhabitants of Bombaim, never paid any duties for ^"¥^*^f^^^^ 
passing here in the open streames in the King of Portugall's time, but ^°^ q y*' 
the Practice began upon Us on pretence of Injuries by his Majesties voi. 'xill| 
Governors, in turning the Portuguez proprietors out of their Lands folio 168. 
and houses, and tho' the Companie, when they enter'd did signall 
Justice in restoreing all with Universal! applause and Consent, yett 
this Violence is still exercised upon us. 

'Tis fitt your Lordshipps should alsoe know, that as in Virtue of 
the Capitulations imposed on Mr. Cook they Claime a share in the 
Bay, so doe they exercise their usurped Dominion therein by Sayling 
with their Collours flying and their Flaggs aloft in theyre small 
Armadoes or Brigandines, to the shame and dishonour of his Majesties 
Colours on the Fort, where there are mounted no less than about 
100 Gunns, 

It is usuall, at some Season of the Yeer, when the Seas are trouble 
some, that all the Trade of Bassaim comes thro' this Port, and the 
Gallions, and other ships of the King of Portugall come alsoe from 
Goa and winter at Trombay, where the Water is deep, and the Bottom 
very Oazy. 

But as the Portuguez throw on us upon all Occasions markes 
of their disrespect, so among other things they will not bee perswaded, 
but that they have a right of Dominion over the Portuguezes and other 
Subjects that live upon the Island. The Capitulation with Cook is 
all wayes insisted on, but the Root of all their Insolence comes from 
the impunity of that high disservice and affront given to his Majestie 
upon the Non Surrender whereby the Nation sunk Low in esteem even 
of those who did escape the punishment they soe notoriously deserved 
for the same. Yett notwithstanding all these discouragments and 
vexations, wee having an earnest desire if it were possible to reverse 
our 111 Fortune, to make the grant of Bombaim valueable to the Nation, 
and to answere the vast expences wee had been at in Fortifieing and 
improveing the Place. And all this by one single expedient of open- 
ing and drawing downe a Trade from the Inland parts, by the way of 
Galiana and Biondi, which being a Shorter Cutt, and of less expence, 
would divert much of what now goes to the Scale of Surratt. Wee 
did therefore send a very solemn address unto the Vice Roy at Goa, 
imploying 4 or 5 persons of Consideration therein, and Furnishing all 
the Inducements as of Reason and Justice on our side, so of Conveniency 
to themselves. But Our desire of prosperity in those parts, were so 
invidiously regarded, that wee could obtain no other answere then an 
Excuse for his incapacity to remitt any thing of those payments at 
Tannah and Carinjah. That the practice of the Sound justified those 
impositions, and that the Capitulation of Mr. Cook ought to determine 
all things between us, as to that Island and Port. Whereas it is mani- 
fest that at the Sound they take but one per Cent for Buoyage and 
Beaconage, and when attempt was made to raise this to a Custome 
of 4 per Cent all the Princes of Europe unanimously opposed it, deny- 
ing any Customes to bee due in open streames, and even this one per 
Cent was stipulated for in the Treaty made then with Queen Elizabeth. 

Thus your Lordships have as well the narrative of Severall 
proceedings, as the matters of Fact from whence, wee doubt not but 


TOrf^*^Of^e y^^'" Lordships will bee best able to deduce such Arguments as may 
C. O. 77^ concern our Right. 

folio 16S. ' 1- And heerein alsoe (if your Lordships will pardon the offerring 
what occurs to us) wee cannot but say That the Freedome of Trade 
bettween Allies seemes to bee so founded in Right that none can 
interrupt the Same without the highest provocations to either Side. 

2. That enhanceing of Duties may amount unto such an Interdic- 
tion of Commerce as that the Freinds of a Prince may bee made as 
uselesse as if they were his Enimies. 

3. That where goods are exported and where imported, the duties 
of each Country are to bee observed. But for a Third Prince to impose 
duties as high as both, for but bare passage in a Streame of the Sea 
is most unjust. 

4. If the Streame were not a worke of nature, but of Charge ; If 
the Forts that Stand therein were in the nature of Convoys to give 
Shelter from the Moores, or were as Frontiers to guard the Shipps 
being at Anchor within, If they maintained Lights or Buois for 
Security in Passage, then indeed might something bee demanded in 
proportionto the Expence and the benefitt received. But those Forts 
cannot bee said to guard or defend us from those whome wee desire 
to Trafhck withall. They were not built but for the safety of Tannah, 
not for the Island of Bombaim, or the Shipps at Anchor, because as to 
both these, the Insecurity lies from the Sea, and Bombaim is rather 
the frontier, from Pyratts and Rovers unto all. 

5. If some moderate thing were demanded in proportion to the 
Three lamps that burn on those Forts, It were but a thing of Course 
and ought to bee submitted unto, but to pay dutyes where there is no 
Tralhque ; to bee stopt in the Course of a Voyage and forced to the 
Shoare is a thing of Violence. 

6. That the King of Denmark doth take Custome of all Shipps 
which pass the Elsenore is a mistake in the Vice Roy ; since what is 
paid is a small recompence for Lights and Buoys laid, at certain 
distances, forthe better security of Shipps in passing or comeing to an 
Anchor in the Night, And this alsoe is paid in manner and proportion 
as is before exprest ; yett from this pretence (and without considering 
the disparity of being admitted to the benefitt of a Copious Trade 
within Severall Ports of the Baltic, where alsoe Pyrates are hindred 
from following and may bee stopped at their comeing out), will the 
Vice Roy needs inferr a like Institution in a poor Narrow inconsider- 
able Channell, where the Dominions of his Majestie may probably 
reach or at least come very neere it. And this not onely contrary to 
the former practice of the Place but contrary to the Former Practice 
at Mallaca, which, when in the Portugueses hands, they never demand- 
ed Customes of the English Shipps passing those streights, as being a 
thing against the Articles establish 't between all Nations which is to 
have the passage of their Streames and Harbors free. 

7. As to the Port wee know nothing that gives bounds or limitts 
to this Bay, But the Circle of the Main Land round about unto which 
it flowes, part whereof being claimed by the King of Portugal], his 

folio 168. 


grant of this water ought there to bee caried on as far (in any doubtful! Public Re- 
case) as may bee most beneficiall to his Majesty who received the ^^^ o^^??' 
grant. Vol. *xill*, 

8. The other part of the main land, belonging to the Great Mogull, 
does not afford matter of dispute, so that wee conclude (by what has 
bin said before) that the whole body and surface of Water that flowes 
in, and whole Fundus bellow even up to the high water mark is the 
Kings, and the Land between the high and Low water mark is among 
the Rights of the Admirall. 

9. Next wee presume to think, That if this water were given to his 
Majestie as a port, It was given as a place of safety from stormes, and 
for releif of the Damages, which are received at Sea, so that if his 
Majesties Navy Royall should come into this Port wanting Timber 
and other Necessaries to refitt, could any Law forbid the buying the 
same from the Moores, and being bought, might not a Toll bee as 
Justly laid for the Anchorage of the Shipps as for the use of this Timber 
or the use of Provisions, or any thing Else that was needfuU. 

10. The Sea where it is mastered, seemes to carry and Convey 
with it a Right of Dominion, whithersoever it goes. The first conquest 
of those Islands were made from the Sea, and where the Sea overflows 
any Territory of the neighbouring Land, all that space of Sea (and in 
Virtue thereof all the Land below it) belongs to that Prince, who had 
the Soveraignity of the Sea before, so alsoe New Islands riseing up in 
the Waters of any Prince, doe become his Right, as doe aU Islands 
standing in his Seas without inhabitation belonging unto him just as 
Wrecks in the Sea. 

1 1 . 'Tis probable that the Islands not named in the Grant to his 
Majestie but Inhabited, may have their private Rights and properties 
retained to the Owners, but tis not probable their dominion can remaine 
since they are so closely girded by the dominion of another Prince, 
and Cannot submit but by the benefitt of his Waters, soe that while the 
Question is so probable whither his Majestie should not have the 
soveraignity of [the] whole, how absurd is the practice to make him a 
Tributary in Part. That an EngUsh man might have lived and 
traded on better Terms at Bombaim before it was his Majesties, and 
that his Portuguez Subjects should bee put into a State of Servitude 
they never knew before, are not surely the things for which his Majestie 
made the Treaty, and sent his Fleet to the Indies to take possession. 

12. Therefore wee cannot think the Portugueses would know 
how to Complain, should wee by his Majesties permission, Strengthen 
Our hands, and by a Rule of retaliation stop all their Shipps comeing 
into the Port, that are bound either to Tannah, Basaim or Carinjah, 
levieing as arbitrary duties on them as they impose upon us. 

For ought not the Main Land bee as free for the English as the 
Main Sea to the Portugueses, will they give us a port and forbid us the 
Use of that Land which makes it a port ? 

It is therefore evident That as the thing granted was at first 
refused, so now ' tis given, they mean to take it away again. For if 
wee have not liberty of Trade, wee have nothing but a poore limitted 


Public Re- and expensive spot of Ground to support and neither fitt for his 

r*^**n ^^77 ^^i^sties honor nor our profitt to bee retained. 

Vol. XIII. What therefore, in most humble manner, Wee doe propose unto 

folio 168. y^yj. Lordships as a fitt expedient in this afair is this. That you would 
please to advise his Majestie to make a Solemn representation of this 
Matter to the Prince of Portugall, by letting him understand the Extent 
of Dominion and Commerce promised and proposed by the Treaty ; 
That after a Vast Charge in sending a Squadron to take possesion of 
this place, how the same was refused, The Voyage overthrowne and 
300 of Subjects perished for want of Shelter. 

That want of resenting this Indignity in the manner it deserved, 
drew on a presumption among the ministers in India, when possession 
was afterwards given to Humphry Cook to compell him to accept it, 
injuriously, under conditions quite contrary to the publick Treaty, 
and in him as treacherously accepted, haveing had no power for the 

That instead of enjoying Salsett and the pass at Tannah as 
exhibited to his Majestie in the Map, and so promised by the Portugall 
Ambasador, as it was afterwards notified and objected to him when 
all these things were fresh by a Memoriall of the 25th of July 1663 
as appeares, and that with much more reason the Island of Carinjah 
ought in justice to pass as being surrounded with the waters of this 
Port, there are severe Tributes imposed on all the Inhabitants of 
Bombaim, for but passing in the open streamesby Tannah and Carinjah, 
contrary to the practice of the former times before the Surrender, and 
contrary to the Rights of Soveraignty granted his Majestie together 
with that Island, and contrary to the Law of Nations for passing in 
open streames. That by these Injuries the Place growing very Charge- 
able to bee maintained by his Majestie Hee thought fitt to transferr 
the possession thereof to his East India Company knowing they would 
redress all particular complaints ; that if these duties were laid on in 
animosity, and revenge of particular wrongs they would soon be 
removed ; But though it is apparent that they did all things immagin- 
able for the gratification of particular men, and restoreing them to 
their Rights ; Yett upon application solemnly made to the Vice Roy 
at Goa, they have not been able to obtain any sort of redress, so that 
if such Injuries be any longer submitted unto, the grant of that place 
will in all its advantages bee totally subverted and come to nought, 
which as it was not the intention of the Treaty on the one hand, so 
upon an impartiall reflection how his Majestie performed his part 
thereof, in the assistances given that Crown nearer home, It may not 
bee possible but his Majesties friendship in that part of the World 
may alsoe produce some suitable Effects. 

That his Majestie being therefore excited in his Own honor to see 
this matter determined according to publique Justice, and sorry that 
hee should invite his East India Company into so vast an expence by 
improvements and Fortifications of the Place without seeing them 
reape the just benefitt in freedome of Trade that belong there unto, 
but seeing that they rather languish in the expectation thereof , than 
that they hitherto enjoy it, Hee cannot any longer forbear to express 
his resentments herein. And although upon all these provocations 


and the insuccesse of all endeavours in India, His Majestie be im- Public Re- 
portun'd to permitt the Companie to right themselves by laying equall cord Ofi&c©, 
impositions on all Vessels bound either for Tannah, Basaim or Carinjah y^j ^' j^j'j' 
by the way of that Port ; Yett hee Rather Chooses to suspend his foSo les. 
Finall Answer herein untill the goeing of the next yeares ships. How- 
ever that his Majestie doe declare it as a point of selfe defence (which 
no Law can forbid) that hee had already directed and commanded 
his said Companie to refuse and resist the Imposition of those Tributes 
in the best manner they could, and that his Majestie does hope before 
the next spring and the goeing of the Ships that then depart, to have 
this matter fairly composed to the satisfaction of all that are concerned, 
by a redresse of all the Evils past and restitution for what has 
bin unjustly exacted. And therefore to desire of the Prince to enter 
imediatly into an elucidation of the 11th Article of the Treaty of 
Marriag[e], to ascertain the Rights intended by that Treaty, and to 
insert the same into the Treaty of Commerce which is now intended 
to bee renewed with that Crowne. That his Majestie would in 
particular declare against the unjust capitulation forced upon 
Humphry Cook, to have it quite laid aside and mortified, because as 
hee neither had Power or Comission to accept such a thing, soe nobody 
had power to impose anything contrary to the Treaty, as that notori- 
ously appeares to bee. That in the next place, the Trade into the 
Countryes of the MoguU and Savagee or any part of the Main may 
bee open and free ; not onely to the English but all the Inhabitants 
of Bombaim, and all other Merchants tradeing to and from that Place, 
as well for Timber and Provisions as for all other sorts of Merchandizes 

And Lastly as to the other Points that soe muc bee insisted on 
as apeares to bee the plain sence and scope of the said Article, when 
the same was treated and adjusted between the two Crownes. That 
so by a Cleere understanding of what has for so many yeers bred and 
wiU every day create new disputes and Contentions between the 
Subjects of either Prince, that they may at last learne to correspond 
and live in mutual Offices of Freindship and assistance to each other. 

All which is most humbly submitted unto Your Lordships. 
12th February 1676. 


Copy of a Report from the East India 
Company touching the reparations they 
demand in the Business of Bombaim. 

Read at the Committee 13 February 1676/7. 
A Court of Committees holden 24th April 1677. 

It is ordered that a gratuity of 100 Guinies be given to Sir Robert ^^I^ x^^ 
Southwell one of the Clerks of his Mats, most hon. privy Councel, for j26.' 

his great paines in drawing up the state of the case relating to the 
Compa. interest in the port & Island of Bombay & the Dependencies 
thereof, and in manageing that affayr with the Lords Comtees. for 
trade, for removing the obstructions given to the Compa. trade by 
the Forts of Tannah & Carinjah, as also by the Portugals refusing 


Court Book, to give passes to the Natives jounks for Gombroon : and the Governor 
^ "^loi^ * Depty, & Mr. Houblon or any two of them are desired to present the 
P*^® same accordingly. 

The following documents deal with another phase of this 
controversy. Mahim is now the bone of contention, and the 
Company's efforts are directed towards securing a foothold on 
that Island. It is instructive to compare the documents quoted 
above with the following copy of an important petition from 
the East India Company. The petition is couched in the blunt, 
forcible way characteristic of the homely wit, maudlin humour 
and pugnacious temperament of the Directors. Their task was 
rendered much easier through the support of all the impor- 
tant officials of the King. His Majesty and his servants were 
frequently granted substantial gratuities, and the extract quoted 
above shows that Sir Robert Southwell himself accepted a 
gratuity of £100 from the Company. 

A Court of Committees holden 11th July 1677. 

X X X i It is ordered that the narrative of the proceedings of the Captn. 

page 141. Generall of the Portugueze at Basseim against the English at Bombay 
mentioned in the last advises from Suratt be drawn out and presented 
to the Rt. honble. the Lords Committees for trade and plantations ; 
that busines of Mahim being now depending before them. 

Public Re- ^® *^^ Right honble. the Lords of 

cord Office, the Comittee for Trade and Plantations, 

C. O. 77, 

Vol. XIII, The Governor and Company of Merchants of London 

folio 252. tradeing into the East Indies doe most humbly answer. 



^c^ ^ ^^ Haveing received your Lordships directions of the * to 

returne our farther Observations on the Memoriall of the Portugall 

• [ Blank. ] Ambassador recited in our last answer of * touching 

his pretensions to Mahim and the Rights of the Prince his Master 

Wee are at a great Loss to think what sort of Title he can sett up, 
though wee doubt little of the Motives he may have to attempt it. 

1. Perhaps he will argue That Mahim is a distinct Island from 

Bombaim, and that this later is onely mentioned and given 
by the Treaty. 

2. Hee may pretend that Mahim does belong to particular men, 

whose properties the King of Portugall could not give 
away, and that even the Customes and publick Revenues 
of the Crowne were morgaged out for severall Lives unto 
particular men, which ought to be made good. 


3. Hee may hope by disputeing the Title to discourage our ^^^^p.^^®" 

Improvements there. Or at length by yeelding this, to Stop '^^ q ^' 
and conclude our pretensions to any more. Or to gain Vol. XIIl', 
some Sanction to the Injurious capitulation imposed on folio 252. 
J Mr. Humphery Cook upon the Surrender, for they take a 

liberty of hopeing any thing since they have been able to 
get over the Offence of the first refusall of Bombaim with 

4. The Ministers of Portugall may have been in deep Meditation 

how to get back Bombaim, for of a Long time they have 
openly discoursed of repurchaseing it from his Majestic. 
But untill they doe by such fair Method compass it, tis 
very probable they will ever maligne and endeavour to 
obstruct our prosperity in that place. And how far this 
their temper is predominant in them may plainly be inferred 
from the following observations : 

1. They did in the very beginning overthrow the Lord Malboroughs 

voyage, who in 1662 carry ed in his squadron a Portugueze 

Vice Roy called Dennis de Melo de Castro to deliver that 

place, and 500 English Soldiers to possess it, who being 

kept out and forced to attend New Orders 300 of them, 

with their designed Governor, Sir Abraham Shipman, 

died miserably in a desolate Island. And the fitting of 

that Squadron cost his Majestie lOO™ /*'.* which was all * [ = 

lost. - £100.000] 

2. When in February 1664/5 the said Vice Roy did think fitt to 

Surrender the Island to the surviving English, it was under 
various conditions, quite altering and retrenching in 
Severall Points the plain sence of the Treaty. 

3. They proceeded presently after this to lay on a New and 

arbitrary Tax on our Trade in the Streames of Tannah and 
Carinjah, and have StiU continued the same with great 

4. They make a Monopoly of all manner of Timber not to be 

purchased but at their own Rates. 

5. They Secretly perswade the Inhabitants of the place, that they 

are Still under the Allegiance of Portugall. 

6. They brave it with the Flaggs up in the Port of Bombaim, as 

it were in defiance of our Castle, and the Flag of his 
Majestie there Erected. And when wee complain of any 
Outrages on our Ships at Sea, and other abuses suffered by 
Land, there is no redress to be had in those Parts. 

7. Wee are denied by the Vice Roy of Goa liberty of Trade in 

their Ports, though the 12th Article is expressly for that 
End, his answer being that he must first consult the Prince, 
this being a Royallty which neerly touched his own Person, 
and wherein all Vice Roys were absolutely restrained etc. 


Sd '^Offi«" ^- ^^®y ^^y^ ^^*^^y refused their Customary Passes to any of the 
C. o. 77', native Jouncks that would goe to Gombroone in Persia, 

Vol. XIII. where the Company have half the Customes, thereby to 

folio 252. obhge them for Security to Trade unto Cong, where they 

have the Like part of the duties, whereof complaint was 
made to his Majestie in February last. 

;^80.000 ] 

^ And now that wee have raised a Fort in Bombaim with 100 Gunns 

JO 000 1 rnounted thereon, setled the Government and expended 80m £* 
on the place to make it usefull for the Trade of the Nation, And 
after 13 Yeers possession since the Surrender, They 

9. Put in a New claime, and would now rend away a Principall 
Member of the whole, alledging a Protest made for saving 
their Right Whereof wee never had any notice before. 

10. And while the Ambassador is here negotiating for this Limb 
of that Island, the Governor of Basaim is takeing it by force. 
Insulting the place with a Body of 1200 men, as by the 
Letters of April 1676 may appear. 

So that what they gave his Majestie for his Protection in their 
distress, while his Armes and Mediation was of use unto them, they 
would pull away and undermine now that they are at Rest. But how 
by any Colour or pretence of Right they mean to Justify this demand 
wee cannot see, for 

1. Bombaim and Mahim were alwaies united under one governor, 
and both excluded out of the Government of Basaim. In 
auncient time Mahim was the name of the whole. There 
was a great Castle, and the Residence of a Moorish King. 
It has ever since continued to be the place for the head 
Custome house, it had dependent on it, and within its 
district, not onely 70 villages of the Island Salsett and the 
whole Isle of Caranjah etc., but that also of Bombaim, as 
appears by the Records and Lawes of the Custome house 
there preserved to this day. So that if the Prince has 
any Title to the Lands of Mahim, he has it also to the 
Sovereignty, the Rights, priviledges and dependancies 
thereof, and which if true then is his Majestie tributary 
in Bombaim to an adjacent Spott, and the Sovereignty 
of that Port and Island mentioned in the Treaty is but an 
Empty Sound. 

2. There is little doubt but that both those places are, in 
the Generall Stile and way of Speaking, comprehended in 
the name of Bombaim, as the Denomination is taken 
usually from the Greater part. For can it els be imagined 
that a Spott so contiguous, nay that is united to Bombaim 
(but onely when the Waters of his Majesties own Port doe 
wrap it round and that the Tide is in) could be excluded 
from the Grant of the rest without words of particular 
reservation to that Effect. 


What meaning els can be given to the Words of the Treaty, 

if this part at least be not comprehended ? For to the Public Re- 
Grant of the Port and Island of Bombaim tis also added, eord Offiice. 
Together with all the Rights Territories and dependencies y ?• xni' 
whatsoever, And then upon repeating again the things folio '252. ' 
granted, Tis not onely said the Port and Island But also 
the premises and all the Regalia thereunto appertaining. 
In the very same words is the 2nd Article of the said Treaty 
relateing to Tangier, where nothing is particularly named 
but the Citty and the Castle. Yet the general words of 
Regalia did pass the Harbor, the Mole, the Arsenal, the 
Cannon, the Custome house, the Courts of Guard, and all the 
Territory serving for Forage which was within defences. 

The whole Scope of the 1 1th Article declares a purpose for the 
enlarging our Trade and Territory, and the 15th is again 
expressly full of the same. Nothing indeed was then 
thought too dear for his Majesties allyance, But now, by the 
course of Time, the onely Scope and intention of our 
Allies seems to be to dismember us, so that if protesting and 
a different name from Bombaim be sufficient, when any 
Spott is separated from the rest (as Mahim it self seems to 
have been by the Tydes) every Storm may beget a New 
Title, and his Majesties Dominion of the Land may be 
destroyed by what he holds in the Sea. 

Wee doe presume to observe That the Ambassador mentions 
onely the Treaty, and the 11th Article thereof, and sales 
nothing of the Capitulations imposed on Humphrey Cooke, 
though in the Indies, at every turn they are insisted upon, 
and imposed as the Rule, and were doubtless by the Tenour 
of them framed in Portugall to that end. But as to the 
present question they make more in our favour then 
otherwise as by these following Instances will appear. 

The Second Article is in words thus. 

1. That neither the Port of Bandora in the Island of Salsett, nor 
any other of the same Island, shaU be obstructed, but that 
all the ships, as well those that shall goe out of the said 
Port or Ports as those that shall come to them, may freely 
pass, and the English shall not alledge that they pass under 
their Artillary, because with this condition the said Island 
Bombaim is delivered to them, and they shall not desire 
more then is granted them by the Article of Peace, and 
Treaty of Marriage. 

The 7th Article begins thus. 

2. That the Inhabitants of the Islands of Salset, Caranjah, 
Baragnas and the rest (which are of our Jurisdiction) shall 
freely Fish in the said Bay and River, and in that Arm 
that enters, and which divides Bombaim from Salsett by 
Bandora up into the Bay etc. 


^"d^^ offi^^' ^^ *^^* *^^ ^^* looking on the Map, and it will appear that their 
C^ o. 77 ®^^ Capitulation does condemn them. 

Vol. 'xilli , . 

folio 252. 1. Bandora, which stands on the other side, was not thought 

Secure without this Salvo. 

2. Remoter Islands are named, but no mention of Mahim. 

3. The same Arme which divides Bombaim from Salsett, divides 
also Mahim from Salsett, and therefore ^Bombaim and Mahim are 
allowed to be the same thing. 

Thus wee have promiscuously set down what occurs unto us in 
this matter, as not knowing by what Arguments or in what particular 
Method the Ambassador will proceed to support his claime, which 
perhaps a short question made him touching the time of that protest, 
and the Motives of it, or rather a demand of the Protest it self, might 

But wee doe here most humbly beg of your Lordships to lay hold 
on the Negotiation that is Offered by this Memoriall, that wee may 
thereby attain the Ends of our Representation made your Lordships 
on the 12th of February last, unto which wee desire to be referred. 
It being a Matter of Great Importance to our Trade, and wherein by 
your Lordships favour, wee have made one considerable Step, by 
obtaining his Majesties Letter to the Vice Roy at Goa, and shall need 
farther applications to the Prince of Portugal, in order to compleat 
that work, the whole consisting in a due explanation of the 11th 
Article of the Treaty of Marriage, into which affair the Ambassador 
seems qualified with powers to enter, and wee hope so good an 
overture will not be lost. 

All which is most humbly Submitted unto your Lordships. 
4th September 1677, 

[ Endorsed. ] 

The East India Companies answer to that part of 
the Portugal Embassadors Memorial concerning the 
pretensions to Mahim. 


XXX, page 

156. Mr Parry lately representing unto the Court, that he was going 

Envoy for his Maty, to the Court of Portugal, f and that having 
attended Mr Secry. Coventry for his instructions, Mr Secry. told him 
that he wanted information touching this Compa. affayrs at Bombay ; 
and therefore directed him to acquaint this Court therewith : On 
consideration whereof had, it is ordered that Maj, Thomson be desired 
to cause a copie of the Compa. last address to the Rt. hon. the Lords 
Comtees. for Trade and Plantations to be transcribed, and the Comtees. 
for Suratt are desired to attend Mr Secry. Coventry with the same, 
and that Mr. Parry have notice of the time. 


CouNciLL Chamber, 

25th of October 1667 [sic, i.e. 1677]. 
Sir Public Re- 

The Right Honble. the Lords of the Committee for Trade q q 77' 
and Plantations upon consideration of the Business of Bombaim as vol. Xlll', 
it lyes before them by Petition from the East India Company did this folio 268. 
day agree to Report unto his Majestie in Councill that as His Majestic 
has already been pleased to signify by His Royall letters unto the 
Vice Roy of Goa his Commands given unto the East India Company 
to refuse payment of those unjust demands at Tannah and Caranjah, 
So it is now time that the Prince of Portugall do receive the same 
intimation, that he may give his positive Orders to His Officers in 
India to exact no more duties of the English Nation which Report 
will be presented unto His Majestie at the first meeting of the Councillj 
Their Lordships have at the same time perused the East India 
Companies Answer to that part of the Portugall Ambassadors Memorial 
that concerns the Oppressions of the Portugueses, and particularly 
of Alvaro Pires de Tavora ; of which they have not only expressed their 
full approbation, but have likewise Ordered that it be shew'n unto 
the Portugall Ambassador when he shall insist upon the said 

Their Lordships having dispatched so much of this business do 
now think fitt that the East India Company do bring in their Answer 
to the other part of the Ambassadors Memorial!, which Questions 
their right to Mahim, and the extent of His Majesties Soveraignty in 
those parts, that so their Lordships may be fully enabled to satisfy his 
Excellency upon the whole Complaint. All which by their Lord- 
ships Commands I signify unto you. And am with all respect. 


Your Most Humble Servant 

Wm. Blathwayt. 
To the Governor of the East India Company. 


To Sir William Tompson Knight 

Governor of the East India Company. 



25 October 1677. 
Mr. Blathwaite's Latter. 

20 October 1677. 

There being this day presented to his Majesty in Council! a Report 
from the Right Honble. the Committee of Trade and Plantations 
in the words following. 

* May it please your Majestie. *[The full 

Wee did by Our Report to Your Majestie in Councill on the 23rd t®''* of tl^is 
of February last past. Set forth the many hardships which Your men\appS,rs 
Subjects of the East India Company did Sustaine in their Possession at foi. 270.] 
of the Island of Bombaim being in perticuler constrained by the Portu- 


Public Re- g^^zes there adjoyning, to pay certain Arbitrary Tolls and duties con- 
cord Office, trary to all Right. So that Your Majestie thereupon thought fitt, 
c. o. 77^ to command Your Said Subjects to refrain submitting to such Pay- 
Voi. XI a ments, and ever to resist the same in the best manner They could, and 
foho 274. hereof Your Majestie was pleased by your Royall Letters to make 
signification to the Vice Roy of Goa, with the motives Inducing the 
same and hereof alsoe wee think it high time, that Your Majestie doe 
by Letter Intimate to the Prince of Portugall, the Grounds and Progress 
of this matter, to the Effect following. 

That Your Majestie having thought fitt to deposite into the hands 
of your Subjects of the East India Company the care and Possession, 
of Your Island and Port of Bombaim, together with all the Territories 
and dependancies thereof, They have exposed to Your Majesty the 
state of severall Injuries susteined by them from the neighbouring 
Portuguezes, and that notwithstanding They have frequently and in 
all due manner, offerred Their Complaints herein to the Vice Roy of 
Goa, yet noe redress was given, or can be hoped for. 

That the particuler Greivance now to be mentioned, is of an unjust 
demand, made by order of the Governor of Basaim, of certaine 
Arbitrary Tolls and Taxes imposed on your Majesties Subjects, as 
They Trade and pass in Boates, in the open Streames, by the Forts 
Tanah and Caranjah, in Their way to the Territories of the Great Mogul 
and Savag^e, with whom Your Majestie is in Friendship. Nor is the 
Prince of Portugall in Warr. 

That if Your Subjects shaU remain thus burthened and perplexed 
in their Trade, the Grant of Bombaim will prove altogether fruitless ; 
which as it cannot be imagined was the Intention of Portugall, soe 
neither can Your Majestie easily part with an advantage that is the 
more valuable to You, as coming in Marriage with Your Deare Consort 
the Queene. 

That these Tolls, and Impositions, were never practised or laid 
on, in any former times, under the Crown of Portugall. 

That the Treaty is contrary to Them ; and their exaction utterly 
disavowed in all like cases by the Law of Nations. Soe that Your 
Majesty has thought fit to forbid Your Subjects to submitt unto the 
Payment of Them in the future ; and if any Acts of Compulsion be 
made. That they resist the same in the best manner They Can. 

That Your Majestie by the Ships that last departed, has hereof 
given full intimation by your Royall Letters to the Vice Roy of Goa, 
signifying also your Purpose of acquainting the Prince his Master 
with the same as now you doe. Not doubting but That his Highness 
would be more inclin'd upon hearing the nature of the Complaint to 
order restitution of what has bin for soe many yeares unjustly exacted, 
than to give Countenance to the Continuation of such a Wrong. 

That therefore Your Majestie does desire his Highness to issue 
forth speedy orders to his Vice Roy of Goa, as also to the Governor 
of Bassaim, that a stop be put immediatly unto the Levying and 
forcing any Tribute from your said Subjects, in their Trade and Passage 
in the Streames aforesaid, it being a Thing not onely Injurious in it 
selfe ; but even wounding the Right of Your Majestie 's Soveraignty 
in that Place. 


And lastly To the end That not onely this and other Complaints Public Re- 
and difficulties which have arisen, But even the memory of that ^^'^ o^^r?' 
grievous violation and the Consequences thereof, Committed in the yoI xill' 
begining about the non surrender, may be buried in oblivion ; Your fo io. 274. 
Majesty does propose that full and ample Powers be sent by his High- 
ness, unto his Ambassador Extraordinary residing in this Court, for the 
better Elucidation and cleering up the Eleventh Article of the Treaty 
of Marriage, which is the onely Rule hitherto subsisting that can limitt 
or enlarge Your Majestie's Rights of Possession and Soveraignty in 
those parts. This being the onely meanes to have a lasting foundation 
of friendship and good Correspondence, between the Subjects of either 
Crowne in these parts and to make Bombaim of that Importance to 
your Kingdom, as by the Grant thereof, was doubtlesse intended on 
either Syde. 

All which is most humbly Submitted. 

' Finch. 

J. Williamson. 
J. Ernle. 
CouNCiLL Chamber 

25th of October 1677. 

His Majesty upon consideration thereof was gratiously pleased. Court Book 
to Approve the same ; And the Right Honble. Mr. Secretary ^^^ 
Coventry is accordingly to prepare a letter for his Majesties Royall P^g®^^- 
Signature. And to Instruct Mr. Parry his Majesties Envoy in Portugall 
to sollicite the effects thereof. But in the said letter the word elucida- 
tion in the last clause of the Report is to be Omitted, least thereby 
the Court of Portugall should thinke that they were let into the make- 
ing of a New Treaty, Whereas the Article of the old one does containe 
his Majesties Rights, and needs onely some explanation and assertain- 
ing of the same. As also to exclude and extinguish, certaine abusive 
practises on the other Side which have no Countenance from the said 
Article, but are rather contrary thereunto. 


26th of October 1677 
Order upon a Report 
concerning Bombaim. 

[Inserted Title.] 

Order of Councill on a 
Report concerning Bombay. 

A Court of Committees holden 1st November 1677. pubUc Re- 

On reading a Letter from Sir Robt. Southwell directed to Sir ^P''^ J^^Sl- 
Nath. Heme, and of an order of his Matie. in Councell touching the y^j xill' 
duties exacted from the Inhabitants of Bombay by the Portugueezes foUo 278. 
at the Passes of Tannah and Carinjah It is ordered ; That it be referred 


Public Re- to the Comtees. for Surrt. to consider thereof and to attend the Rt. 
a)r<i Ofl5ce, Honble. Mr. Secrie. Coventry touching the Letter to be written to the 
Vol xill' Prince of Portugall, mentioned in the said Order, and to proceed in 
folio 278. ' the managing of the said Affaire as they shall thinke fitt. 
May it please your Majesty 

A few dayes after my arrival in this State to execute the place of 
Vice Roy, which the Prince my Master was pleased to intrust me with : 
the Count de Laurader to whom I succeeded, delivered me the letter 
your Majesty was pleased to write him, concerning some differences 
touching the Duties of Carinjah and Tannah. And that your Majesty 
may see alwaies with how great a regard to his service we act, in what 
concerns your Majesties Subjects, which is so much recommended to 
us by the Prince my Master, I shall represent to your Majesty what I 
have been able in so short a time to understand of this affayr. 

The Indians call Mandeins that which we term a Custom house 
Carinjah hath alwaies been the Custom house of the whole Terra 
firma ; Tannah of this part of Galiana and Biundi, terra firma of the 
Indians, and Bombay of its district In which place every one payes 
the duty according to the order of the ancient assize ; and the Custome 
established in the time of the Government of the Indians : And since 
^ the subjects of the Prince my Master are not dispensed with from 

paying the duties due at Bombay, it seems not just that your Majestie's 
Subjects should be exempted from paying the duties belonging to the 
places which depend of the Prince my Master, whose Subjects suffer 
great prejudice by those of your Majesty, who have got into posses- 
sion of a greater extent of ground then was setled by the treaty made 
in Portugal. And hereof advice hath been given to the Prince my 
Master, to the end that neither we on our side may be wanting in any- 
thing that hath been agreed by the said treaty, nor the Subjects of 
your Majesty extend themselves further. There have been some 
passages that would have greatly scandalized us, but that we are sure 
it is not done with your Majesties permission nor cone to your know- 
ledge, which makes us hope your Majesty will cause all things to be 
reduced to the terms established by the said treaty. As to the Pass- 
ports, we give them to the Indians in the accustomed form, and in 
Persia since the loss of Ormuz we never have had peace with that King 
but for the Port of Congo by an accord made fourty years agoe by 
General Ruy brother of Andrade, with promise to pay half duty to this 
Custom house, and never to give passport except for this onely Port. 
And this hath been alwaies continued so and we have peace in noe 
place of Persia but that : and nothing hath been innovated lately 
which may give cause of complaint to your Majestie's Subjects, who 
in all the ports of the Prince my Master do alwaies meet with friend- 
ship and good correspondence, not onely for the common advantage, 
but even for the advantage of each particular. And your Majesty may 
be assured, that in whatsoever you shall be pleased to command me 
for your service, I shall employ my self with all kind of affection, as the 
Prince my Master recommends to me. God preserve your Majestie's 
person many years. 

Goa 11th November 1677. 


Don Pedro de Almayda. 



Translate of the Prince of Portugal's Ambassadors Letter 
to his Majestie touching the differences about Customes 
at Tannah and Carinjah. 

11 November 1677. 


December 1st 1677. 


The East India Company of London having made their Complaint Public Re- 
to his Majestie of Divers Injuries done them by the Portuguezes at or 9.°^*^ 0^*77' 
neer the Island of Bombaim, and perticularly about their demanding yq^ xiii' 
and exacting from his Majesties Subjects certain arbitrary Tolls and folio 284. 
duties for their passage in the open Streames, contrary to all right as 
well as to our Treaties with the Crowne of Portugall, His Majestie 
hath written at large upon that Subject to dis highnes the Prince 
Regent, which Letter is herewith sent unto you together with a Copy 
of the same, for your better information in the case. It is his Majestie's 
pleasure. That having received his said Letter you forthwith demand 
an audience of his said Highnes to whome you are to deliver his 
Majesties Letter, and then, and from time to time afterwards by 
Memorialls and all other diligences earnestly to solicite the Effects 
thereof as a matter which his Majestie takes very much to heart ; give- 
ing an accompt of your success therein, and of the Orders sent or to 
be sent to the Vice King of Goa, and the Governor of Bassaim if you 
can obtaine any, which is all at present, from 

Your most faithfuU humble Servante, 


For Fran: Parry Esq., Envoy from 
his Majestie of great Brittain to 
his highnes the Prince Regent of 


1st December 1677. 
Mr. Secretary Coventryes Letter, 
to his Majesties Envoy about 
Bombaim and the Complaints 
of the Portuguese there. 

A Court of Committees holden 7th December 1677. q^^^^ g^oj^ 

Afternoon. xxx. 

page 203. 
A letter was now read prepared to be sent to Francis Parry Esq. 

Envoy from his Maty, to the Prince Regent of Portugall, which was 

approved and the Governor desired to sign the same. 

The foUowing documents deal with the claims of Don Alvaro 
Pirez. They throw further hght on the Company's administra- 
tion of Bombay, and its pohcy towards the Portuguese. The 



quarrel dragged on for years, and Pirez's incorrigible loquacity 
involved the harassed Directors in tedious negotiations. The 
volume of data on this subject is very large, and I have not 
deemed it necessary to reproduce all the documents here. They 
are of interest only in so far as they throw light on the adminis- 
tration of Bombay. 


XXX. ^ 

■ Upon reading a letter from the Secretary attending the Rt. 

honble. the Lords Committees for trade and plantations, wherein was 
enclosed the copy of a Memorial presented to his Maty, by the Portugal 
Ambassador touching the Island Mahim claimed by the Prince of 
Portugal, and also concerning the complaint of Don Alvaro Pirez, To 
which their Lopps. expected the Compa. answer on the 5th instant : 
On consideration thereof had, the Court finding the said Memorial 
to agree verbatim with that which was transmitted from their Lops, 
in Febry. last ; It is ordered, that the Committees for Suratt, as also 
the rest of the Members of this Court be desired to attend the right 
honble. the said Lords Comtees. to morrow morning, and to present 
their Lops, the copie of the Compas. representation made in the 
busines of Bombay in February last, and of the order of his Maty, 
in Councel touching the busines of Don Alvaro Pires de Tavora. 

^°^v v°°^ ^ Court of Committees holden 13th July 1677. 

.X. .X. J^ . 
Pftsc 1 4 Osi 

The Committees for Suratt reported unto the Court, that having 

attended at Whitehall the 5th instant to give answer to the Memorial 
presented to his Majesty by the Portugal Ambassador now depending 
before the Rt. honble. the Lords Comtees. for trade and planta- 
tions, there was nothing done, in regard the Lords Comtees. mett 
not, onely the Lord Privy Scale and the Lord Falconberge being present, 
the Lord Privy Seal reed, from the Secry. a copie of the Compa. 
representation made in February last touching the busines of Bombay 
and its dependencies, and was minded of what his Maty, in Councel 
had done in the busines of Don Alvaro Pires. That his Lop. desired 
the Compa. would give their Secry. copies of the Charters granted to 
them by his Maty, and also that what occurrences came from India 
of publick concern (wch. usually are sent to the Secry. of State) 
might also be given to the Secry. attending the Lords Committees. 
On consideration whereof had, the Court directed that the same should 
be done accordingly. 


page 149a. Mj- Parry his Mats. Envoy extraordry. for Portugal acquainting 

the Court That Don Alvaro Pires de Tavora being now sensible of the 
error of his proceedings is desirous to make his submission to the 
Compa., and to pray their favour in restoring him to his estate on the 
Island of Bombay ; Answer was returned, that the Court would consider 
of his motion and acquaint him with the resolution they should take 


A Court of Committees holden 15th August 1677. Court Book 

On consideration had of Mr. Parry's motion made the last Court page 150. 
on behalf of Alvaro Pirez, Resolved, that answer be given him, That 
when the Court doe see in what manner the said Alvaro Pirez will 
make his acknowledgment and submission, they will take the same 
into further consideration : And Mr Boone is desired to communicate 
this resolution of the Court to Mr Parry. 

A Court of Committees holden 7th September 1677. 

Upon the motion of Mr Parry that Signor Alvaro Pirez might Court Book 
have leave to omit some words out of the addresse that he is to make XXX, 
to the Compa., It is ordered that it be referred to the Comtees. for page 1 56a. 
Surrat to peruse the advices and consultation books reed, from the 
President and Councell touching the absenting of himself e from the 
Island of Bombay when the Dutch Fleet were in the road and report 
the same unto the Court. 

A Court of Committees holden 17th October 1677. 

This day Alvaro Perez de Tavora late an Inhabitant of the Island 
Bombay presented his humble petition unto the Court both in the Court Book, 
English and Portugall language, with [his] name thereto subscribed XXX, 
acknowledging the Justice of the proceedings of the Govr. and P* ^^^-l^Sa, 
CounceU of Bombay agt. him for withdrawing himself from the 
Island contrarie to his dutie without leave from the Govr. and his 
refusall to obey the proclamation made and published for his returne, 
and alsoe his misdoeings in wrongfully complaining .agt. the said 
Govr. and Councell, and in seeking redresse where he ought not, 
And humbly begging pardon of this Compa. for his said misdemeanors, 
and submitting himself e unto the Court, beseeching to be restored to 
their favour, and to the Estate wch. he (Then) possessed on the said 
Island ; Promising that at his arrivall at Bombay he will make the 
like acknowledgment with this to the Govr. and for the future be 
obedient unto this Compa. and the Govrs. which shall be by their 
authoritie established in that Island ; On consideration thereof had, 
the Court being willing to make it manifest, that the proceedings of the 
Govr, and Councell at Bombay, have not been for any advantage 
that might arise to them by seizing his Estate, or for any other sinister 
respect but for maintaining the honor and upholding their Govern- 
ment on the said Island, doe order that a Letter be written by our next 
Shipping to the Governor and Councell at Bombay directing that upon 
the said Alvaro Pirez de Tavora his appearing before them and mak- 
ing the same acknowledgemt There as he hath afore Us here, they 
forthwith issue out a pardon to him under Our Scale of Bombay of all 
his said Delinquencies, and thereby to restore him to the possession 
of all such lands and Estates as did then rightfully belong to him, and 
were sequestred into the hands of his Mother. 

At the Court at Whitehall 17th of January 1677-6. Public Re- 

Upon Reading this day a paper presented to the Boord signed cord Office, 
by Alvaro Pires de Tavoras by way of reply to the Answer of ^ P' V^ 
the East India Company to his petition,* complaining of the foiio 201. 
hard usage he had received from the said Company at Bombay. * [ see fol. 
It was Ordered by His Majesty in Councill. That this Paper 209.] 


(together with all others relating to this business) bee referred 
to the Right Honble. the Lords of the Committee of Trade who 
are to consider thereof, and Report the true State of the whole 
matter, With their opinion thereupon to His Majestic in 

To THE Kings most Excellent Majestie 

Alvaro Pires de Tavora Gentleman of the house of the most Serene 
Prince of Portugall and Subject of Your Majestie in Your Island of 
Bombain, humbly presents That hee and his Predecessor alwayes 
possessed in the Islands of Bombain and Mahim severall lands and 
Estates very considerable, which in recompence of their Service they 
received from the Grandeur of the most Serene Kings of Portugall. 

And amongst others the Villages of Mazagan and Vazella with 
their Appurtenences and Orchard of Palm trees, all which amounted 
to a very important Revenue, of which he had the pacificall Possession 
when the Islands was delivered to your Majesties Commissaries. 

And whereas by vertue of the agreement concerning the 
Surrender of the said Island and conformable to the 11th Article 
thereof. Your Majesty obliged Your selfe to the preservation of the 
Portugezes who would remain in the saide Island in the possession of 
their Estates in the same manner as they had before enjoyed them 
under the Government of the Crown of Portugall. A little after the 
Surrender Your Petitioner was deprived of his forementioned Estate by 
the English Officers (which bore command) against reason and Justice, 
and he having recourse to the Honble. Company of East India 
Merchants they issued out an Order by their Commissaries for the 
restoring his Estate and goods with Justice and Equity. 

But the Governor Gerardo Aungier executed this Order so ill, 
as he would restore no more then a small part of the said Estate 
and Goods, dividing them as he pleased, and seperating from them the 
most considerable Rents against reason and Justice. And because 
your Petitioner is a poor Gentleman, destitute of all fortune, with the 
charge of a Widdow Mother and Maiden Sisters, without any releify 
he accepted the said restitution as he pleased to make it, protesting 
notwithstanding against, and reserving the Right of his pretence to 
the remainder denyed him, as is manifest by his protest. 

And besides this Violence the Governor committed a greater 
against him, making him consent and sign to a new Tribute which he 
[ sic ] put upon the people, taken* from them more then a 4th part of their 
incomes which were restored them, whereas he should have took no 
more then that certain Tribute they and their Ancestors before paid 
to the Factors of the most Serene King of Portugall, against 
which unjust dealing he made a protest before the Ministers of the 
Councell. And last of all not content with all these oppressions 
making use of this pretext that Your Petitioner, against the Orders 
of the said Governor, absented himself from the said Island at the 
time when the Hollanders were there expected, the Governor absolutly 
deprived him of all his Estates, prohibiting his return from thence- 
forward to his own house. Whereas this pretext was so much against 
truth, that the said Petitioner was not absent from the Island more 


1;hen 3 hours to carry over his goods to a Neighboring Island, as did 

also all the English Inhabitants and Officers of the Councill which 

were then resident in Bombaim. Moreover Your Petitioner had leave 

from the Governor to do what he did, and being farr from absenting 

himself for fear of the Hollanders, returning presently to the said 

Island, he did all he could to be admitted by the Governor again, not 

only offering himself to the said Governor's commands by a letter, 

but also making use of the intercession of Mr. Barron, Director of the 

French Fleet, which then hapned to ride in that Port, that the Governor 

would permit him to live there as before ; who notwithstanding would 

[njeither admit him, nor this Intercession for him, nor the letter he 

sent, nor the purgation of the false Crime laid to his charge. Whence 

clearly may be gathered the malice and passion with which the 

Governor hath proceeded in all these affairs, and that his intent was 

only to expulse Your Petitioner from the said Island, in order to more 

secure enjoyment of his fortunes to himselfe, which in reality he doth 

enjoy for Your Petitioner being destitute of all humane remedy and 

outed of his proper habitation, and all his goods, it was proper for him 

to repair to the City of Goa, to seek there some remedy, not being able 

to compass it either by his own industry, or by the intercession of the 

Vice Roy of India ; departing* at length to find Justice and Benignity • i-sic ? des- 

of Your Majesty he resolved at length to come over to this Kingdome. pairing.] 

Where prostrate at the feet of Your Majesty he humbly implores 
(that what is already asserted, being made manifest to be true) by 
authenticall Papers which he hath, and will present. Your Majestic 
will be pleased by express Order to the Governor of Bombain to 
Command restitution of the lands. Goods and fortune, Jurisdictions 
and places as belonged to Your Petilioner as he enjoyed them, and his 
Predecessors, before the Surrender of Bombain, in the form and manner 
of the 11th Article of the Treaty, to which Your Majesty obliged Your 
selfe. And that Your Petitioner may be paid the profits, and incomes 
of all as is owing him from the time of the unjust seizure of his Estate, 
That by this example of Your Majesties piety and Justice not only 
Your Petitioner may continue his Zeale to serve Your Majesty but all 
the other Portugueze Your Majesties Subjects in those parts may be 
animated in their Loyalty and faithfullness to their Protector and 

And Your Petitioner as in duty bound shall ever pray. 

The Answer of the Governor and Company of Merchants of Public Re. 

London trading to the East Indies to the Petition of Alvaro cord Office, 

Pires de Tavora. ^: P' ^' 

Vol. IL, 

May it please Your Honor, *°^^° 2^^- 

The said Governor and Company upon perusal of the said 
petition presented to His Majestic by the said Alvaro Peres have 
endeavoured to inform themselves out of their advises and dispatches 
from India of the truth of all matters relating to the Petitioner and his 
concerns ; And do finde — 

That upon the Delivery of the Island Bombay to the Company, 
there were some disputes (and those grown to some heats and great 
dissatisfaction) between the Governor of the said Island, His Majesty 


had before placed there, And divers of the Inhabitants, especially the 
Portugall Inhabitants thereof, touching their Title to severall lands 
claimed by them. The Portugall Inhabitants, under Colour of the 
11th Article in the petition mentioned, seting up severall titles to 
several lands and Estates, which His Majesties Governor did suppose 
(and we beleive had reason to suppose) they had no Right unto, at the 
time the said Island was surrendred unto his Majesty. 

That matters standing thus when His Majesty was pleased to make 
over the Island unto the Company, their President of Surrat and 
Governor of that Island Gerald Aungier Esqr. And Council (who were 
directed by the Company not only inviolably to keep the said 11th 
Article, and to do the Inhabitants all Justice in reference to their Rights 
and Possessions, but also by all reasonable kindnesses to sweeten the 
Government to them) Did, in the first place, make it their business to 
settle that matter touching their claims to any lands, and to quiet 
them in the possession of what was their just Right, and for that pur- 
pose had severall meetings with the cheif of the Portugal Inhabitants 
(chosen by the rest for their Representatives) amongst whom the 
Petitioner was one. 

And at a meeting in November 1672 a full agreement was made 
touching all matters, and concluded between them, A Copy whereof 
We present Your Honor herewith. 

That this settlement being made at their own request, was so fair 
and so well resented, that it gave a general content and satisfaction to 
the Inhabitants, And the petitioner himself was so well pleased with 
it, that he made his request to Our said Governor to have a command 
in the Militia of the Island, And the Governor presuming that he had 
put such an obligation on all the Portugal Inhabitants, that now they 
could not but be faithfull and true to the Goverment, and joyn heartily 
upon all occasions in the defence of the Island, Gave him a Commission 
to be a Commander in the Militia of Masagoan. But in March 167f 
(there being then Warr betwixt his Majesty and the Dutch) the Dutch 
coming with a great fleet before the Island, and it being hourly expected 
that they would make some attempt upon it. And the said Governor 
having thereupon put the Island in the best posture of defence he 
could, and raised all the forces thereof, the petitioner among the rest 
being then in Arms, as Commander of the Militia of Masagoan (not- 
withstanding the former kindness shewed, and Trust now reposed in 
him) did on a sudden, either cowardly or treacherously desert his 
Command, and abandon the Island, and that by his example above tenn 
thousand of the Portugall, and other Inhabitants likewise deserted the 
Island in that time of iminent danger, whereby the Island and the lives 
and fortunes of all the English therein were manifestly exposed to 
hazard. And how great a crime it is for a Commander in a Garrison 
(as the Island Bombay alwayes is) in a time of Warr, in the very face 
of the enemy, and when the Island was in such iminent danger to desert 
his Command and trust, and by his pernicious example to draw off 
such a number of Inhabitants from so small an Island, Wee leave Your 
Honor to Judge. 

That the Governor upon this unworthy desertion of the said Alvaro 
de Peres issued out Proclamations commanding all the Inhabitants 


who had deserted the Island, to return to their habitations there within 
24 hours upon pain of confiscation of their Estates, and because it was 
a time to act with resolution, he caused the doores of all their houses to 
be sealed up. Upon which Proclamation, all the Inhabitants (except 
the Petitioner) better bethinking themselves, returned to their habi- 
tations within the time of the Proclamations, and stood by the Governor 
in the defence of the I sland. 

But the Petitioner being conscious of his unworthy carriage in that 
business, did not return, whereupon a Summons was issued out for 
him to return in 40 days : but he never appeared there since, but 
instead thereof he gave the Governor great trouble by clamorous 
complaints against him to the French Admirall, the Dutch Admirall, 
the Portugal Admirall, the Portugal Vice Roy at Goa, and other great 
persons in India (and upon such untrue Suggestions as are in the petition) 
obtaining their Letters by way of intercession, and sometimes of 
expostulation on his behalf, Unto all which full answers were given. 

Notwithstanding all which the Governor did not nor hath deprived 
the Petitioner of his Estate (as the petition suggests) but hath put his 
own Mother in the possession thereof, and stiU permits her to enjoy 
the profits thereof, for the maintenance of herself, and of her and his 
family, who thert live on it to this day, Nor haththe Governor prohibited 
the Petitioner to return to his house, but on the contrary hath 
constantly required his return to the Island, and to stand a fair and 
legal tryal for what should be layd to his charge, (as good Subjects under 
every Goverment ought to doe), and he should be justly dealt with, 
the failing wherein having been the cause of proceedings against him. 

This being the true matter of Fact, as appears by Our advises 
from India, we humbly conceive, that it would be destructive to the 
Government of the Island, and consequently in a short time to the 
loss of the Island it self, if his Majesty should so interpose as to prevent 
proceedings against a person who hath been so eminently failing in 
the discharge of his duty, especially when he hath been already so 
tenderly dealt with, and where, upon a triall the truth may be 
ascertained upon the Oath of 12 men or more, half English and half 
Portugeze, according to the laws of this Kingdome, and where the 
Judges do endeavour to act with all fairness, and encouragment to 
the Inhabitants, so as may consist but with the safety and welfair of 
the Island. 

Award's answer to the above was as follows : 

By the Answer that the Honorable Company of the West Indies ^" j^'^^qJ^®' 
made to Alvaro Pires de Tavoras Petition. (1) his Right and property ^^ q jj' 
in the dependancies of the lands that he claimeth are put in Question, v o 1 • II! 

(2) it is alleadged that he was contented with the small part of them folio 209. 
that was left him by the Generall Agreement made in November 1672. T sic] 

(3) They lay upon him a Crime of Desertion, pretending thereby to 
confiscate all his Estate. 

Upon the first point the Petitioner presents two Patents in the 
most Authenticall form, whereby the Kings ot Portugall granted to his 
Ancestors 120 years ago, the Lands dependancies and Revenues in 
Question, with the same Right and in the same manner as they were 


possessed by the said Kings themselves, and belonged to them, and 
this with such distinction and clearness, that yet the least reservation 
are therein expressed, which Revenues and dependancies his Ancestors 
possessed and enjoyed without any trouble and Molestation, by the said 
King's Ministers, as he proveth by the Deposition of twenty Witnesses 
that he brings. And moreover by two sentences whereby (his said 
Right being put in Question) it was judged in the Court at Lisbon that 
the said Revenues and dependancies belonged to them, and so they 
remained in peaceable possession of them till such time as the Island 
was delivered to His Majesties Commissioners. And all that was so 
evident that thereupon Sir Humphry Cook, first Governor for His 
Majesty of Bombaim, gave an Order under his hand in September 
1665 whereby he bids all the money of the Coles Fishers to be delivered 
to the Petitioner's Father, and to be the said Fishers Obedients to him 
as to their Lord, and to pay all what was used to be paid to his prede 
cessors in the former times. And though the Honble. Company 
upon consideration of them Reasons, was pleased to send Orders for 
the Petitioners Restitution (which were not executed) Nevertheless, 
the Petitioner humbly prayes that all the papers above mentioned may 
be viewed and examined. 

As for the 2nd that the Petitioner was very well contented with 
what was left him by the agreement of November 1672, what could in 
that occasion a poor oppressed Gentleman doe, or what reason could 
he find at so many thousand leagues off distance from His Majesty 
and His Honble Privy. Councill, against the absolute power of a 
Governor who was able (had the Petitioner refused that consent) to 
deprive him of all the rest of his Estate, having nothing in the World 
but that to live upon. But to make Remonstrances and petitions to 
serve in manner of Protestations before the Ministers of the Councill 
there ? By which Petition (that he presents) it appears clearly that the 
Petitioner was forced to do soe to save something of his Estate, keeping 
for another time the prosecution of his Right. 

And for what is alleadged that the Petitioner desired to have the 
Command of the Militia of Mazagaon it is to be considered that this 
Militia consisted only of the Petitioners Fishers, Tennants, Servants, 
and labouring-men, living in his lands and Villages, and so it was not 
much that he was made their Commander. But in the truth, when 
the Petitioner desired that, it was only out of the Zeal of a good and 
loyall Subject to his Majesty, because upon the news of coming of the 
Dutch fleet the Governor, applying with all possible care the Inhabitants 
to work at the Fortifications of the Island, and sending severall Orders 
to the Petitioner to have his fishers and labourers (who are the only 
Inhabitants of the Petitioners Lands) to work there as the others, 
the Petitioner was obliged (because severall of His men were out of the 
way) to desire to be more authorized by that Quality, and keep them so 
much better in obedience, in respect to the work. All them reasons and 
proofs the Petitioner humbly prayeth. That his Majesty would be 
pleased to cause to be examined with all exactness. 

But for the 3rd point, wherein they wrong the Petitioner in his 
Honor and Reputation, which are far dearer to him then either life or 
Es+ate, he imploreth His Majesties Justice with all possible instance. 


And beseecheth that His Majestic would consider that upon the News 
of the coming of the Dutch fleet, severall English men went out of the 
Island with their Goods, amongst which some of the Councill, as 
Mr. Jacob Adams, and Mr, John Chell. And whereas there was a 
Proclamation made that no person should go out of the Island, And 
the Petitioner desiring to secure his Goods as others did, the Governor 
gave him under his hand a Licence to go out of the Island with them 
(notwithstanding the Proclamation) without any limitation of time, 
which Licence dated the first of March, the Petitioner presents. 

The same day in the Evening the Petitioner came again, having 
been out three hours in all, and hearing of the great passion that the 
Governor was incensed with against him, for having carried his goods, 
whereby his Estate should be forfeited and his person arrested, he went 
from his house to avoid the effects of his threatnings, with design 
neverth'less to make his innocency and Submission known, as he did 
by the letter that he writ him immediately, praying that hee would 
secure him of his anger, and suffer him to come to the Fort. To which 
letter the Governor would neither answer nor receive it, as it is seen by 
the answer of Luis Cazado de Lima Adjudant de Procurador General 
of the Honble. Company. 

Seing then the Petitioner that by that way he could not be neither 
heard nor admitted, he went immediatly, the second of March, to Mr. 
Baron, Director of the French fleet, who in that occasion was in the 
Port, desiring his intercession for the same intent, as it appeareth by 
his Certificate. He went presently after to the Captain of Bacaim, 
whose Certificate he brings too, and seing all that would do nothing, and 
knowing not how to move the Governor's Clemency he went to the Vice 
Roy of Goa, and coming with a Letter from him for the same effect, 
he found a Placart on his house doors in Mazagaon, whereby he was 
cited to appeare and answer upon the accusation brought against him. 
But daring not appear in person he sent his Brother with a Petition 
to the Councill, because he knew that the Government had sent a 
Company of Musquettears to take him at Mazagaon which Petition was 
rejected as false and scandelous. Of all that the Petitioner brings 
authenticall Certificats, and proofs, which he humbly desires to be seen. 

After aU, That the Petitioner finding no way to be admitted, and the 
Governor giving no Answer to all his instances, and so considerable 
intercessions, but threatnings, he made his protestation, that he was 
ready to put himself in the Fort, desiring the Governor to secure the 
liberty of his person, and to* restitue him in his credit, reputation and 
Estate. And when he could do no more there, away he went, and 
came to this Court to implore His Majesties Justice, and give him a 
true account of all his proceedings. 

Wherein it is to Remarke that the Petitioner in that short time that 
there was fear of an attempt of the Dutch, he pressed and solicited, not 
only with great instance, but with all the diligence imaginable, not 
loosing a moment of time, to be suffered to doe his duty in the Fort, 
whilst he was so highly threatned by the Governor. 

And if the Governor saith that he hath not taken the Petitioners 
Estate, but left his Mother in possession of it, it is to be considered 


that his Mother does not administrate it but by way of depost, and yet 
an unconsiderable part of it, and she liveth upon some others that she 
hath ; which do not depend of Mazagaon in. any manner. 

All that considered His Majesty will be graciously pleased, to 
protect the Petitioner and not to suffer him by that unjust vexation, 
and upon a false accusation, to be deprived of his Estate, which 
(according to the 1 1th Article of the Treaty) he must enjoy plainly, and 
with the same advantages that His Fathers and Predecessors had under 
the dominion of Portugall. 

Just now the Petitioner received Letters from the East Indies 
dated at Bacaim 5th of December 1675 from Joane Mendes de Menezes 
S5r de Band^ Vistal his Brother in-Law and his Attorney, which advise 
him that the Petitioner's Estate hath been taken from his Mothers 
hands, whereupon the said Joan Mendes made a Protestation which the 
Petitioner humbly prays to be considered. And that His Majesty 
would be pleased to appoint some of his Honble Privy. Councill to 
examine all the proofs that the Petitioner doth produce. 

Alvaro Pires de Tavera. 

These lengthy replies, and tedious rejoinders ended, at 
last, in a compromise, and the following Despatch of the Direc- 
tors announces the settlement of this quarrel. Pirez received, a 
pardon and, what was of much more importance to him, his 
estate. The references to the jurisdiction of the " Court of 
Judicature " at Bombay are important. 

• [sic] Our Governor and Councill at Bombay, 

Public Re- 
cord Office, After our hearty commendations unto you, this letter serves to 
C. O. 77, informe you particularly in the matter of Alvaro Pires de Tavora how 
foUo ^^^' ^^^ ^^^^ proceeded with his complaints, how hee hath since made 
(Letter to the Ws submission, and lastly the favour wee have extended towards him. 
Go V e r n or Hee did sometime in Autumne 1676 present a Petition to His Majestic 
and Council complaining of many hardships received from you in Bombaim, as the 
^taurati o°n sequestration of his Estate etc., a Copy of which Petition was sent unto 
of A. P. de Us with Order to returne Our Answer, as wee did thereunto, and of Our 
Ta V o r a ♦ s Answer a Copy was given to the said Pirez to which hee made a reply 
Estate.) with much repitition of what hee had said before, and this being 
presented to His Majestie in Councill on the 17th January last, the 
whole matter was refered to the examination of a Committee of the 
Lords of the Boord appointed for the business of Trade and Plantations. 

Wee had from their Lordships a Summons on the 3rd of June last, 
and all parties were by their Councill to be heard, which accordingly 
happned on the 12th June last, and the result was. That their Lordships 
thought it just and did accordingly Report to His Majesties Councill, 
That the Courts of Judicature constituted by His Majesties Royall 
Charter in Bombaim were proper for the decision of such like cases and 
made conformable to the Laws of England herein. That the Petitioner 
had never formally submitted himself unto or demanded any tryall 
of Justice there, That if his Majestie should give any sentence here 


in a cause originaly appertaining to those Courts, others would take 
examples to decline the Jurisdiction of the place, which would be very 
prejudiciall to that Soveraignty which it's fitt His Majestic should 
preserve and support. Wherefore Upon consideration hereof His 
Majestic was pleas'd on the 15th June 1677 to command that the 
Complaint should be dismist and that the Petitioner should apply 
himself to the Courts of Bombaim for relief. 

On the 3rd of June Wee received a New Letter from the Lords of 
the Same Committee, enclosing the Copy of a Memoriall, which had for 
sometime layn before His Majestic from the Embassador extraordinary 
of Portugall, and as wee suppose was given in together with the first 
Petition of the said Pirez, because one part of it is a demand of Justice 
in his behalfe, setting forth also much hardships used by you to the 
Inhabitants in generall, whereupon upon the 4th of September present 
their Lordships with such a vindication of your deportment towards the 
Inhabitants in generall and of the just motives you had for sequestring 
the said Pirez, that their Lordships declared an intire satisfaction 
therein and have ordered that a Copy of Our paper be given to the said 
Ambassador if he move any farther in those points. 

But in the meantime Alvaro Pirez de Tavora, growing sensible 
of his own miscarriages, and seeing the necessity of abiding a tryall 
before you, he came and in most humble manner confessed his fault 
before Us and Implored Our favour, presenting and signing a Petition 
in Portugez, as also another in English (being the translation thereof) 
in the words following 

To the Right Worshipfull the Governor Deputy and Com- 
mittees of the Honorable East India Company. 
The humble Petition of Alvaro Pirez de Tavora Subject to 
the King of Great Brittaine in the Island of Bombaim. 


That whereas Your Petitioner did, contrary to his duty, withdraw 
himself from the Island of Bombaim without leave from the Governor, 
and did also refuse to obey the Proclamation for his returne, by which 
hee incurred the penalty of the Law in the Sequestration of his Estate 
at Bombaim, and whereas hee did thereupon make severall Addresses, 
some to the French Admirall, some to the Vice Roy of Goa, and others 
since by his Petition to the Prince of Portugall for his releif , although 
hee is convinced that none of them either then had or now have any 
Jurisdiction in that Island, And whereas hee did also make his complaint 
to His Majestic of Great Britaine touching the injustice and injury done 
him by the Governor and Councill of Bombaim, and was thereupon 
heard before the Lords of the Committee of the Councill for Trade and 
Plantations. But on their Lordships Report to His Majestic in Councill 
was by His Royall Order remitted back to be tryed at Bombaim, Your 
Petitioner is at length made sensible of all his misdoings, not only in 
the first withdrawing himself from the Island aforesaid, but in 
wrongfully complaining against the said Governor and Councill of 
Bombaim, and in seeking redress where hee ought not. And therefore 
doth with great sorrow of mind most humbly begg pardon from this 
Honble. Company for all his said misdemeanors submitting himselfe 


intirely unto them, and beseeching them out of their great bounty 
and clemency, that they would be pleased to consider his distressed 
condition, together with the ruin of his family ; praying most humbly 
for his own comfort to be in the first place restored to your Honours' 
favours, and next for the releife of them unto the Estate which he then 
there possessed. And hee doth hereby promise that at his arrivall 
at Bombaim, hee will make the like acknowledgment with this to the 
Governor there of his unfortunate miscarriages, and will for the future 
behave himself e not only as a true and faithfull Subject to His Majestie 
of great Brittain, but submitt himselfe and be intirely obedient to 
this Honble. Company, and the Governors that shall by their 
authority be establisht there. And hee shall ever own that he enjoys his 
Estate by the favour of this Company, and shall pray for their lasting 

Alvaro Pirez de Tavora. 
17th October 1677. 

The Demonstration of sorrow and submission did beget in the 
Court a sence of tenderness and compashion towards the Gentleman, 
so that being willing (according to the example of Our Gracious 
Master) to exercise favour where ever the matter will bear it, and to 
give testimony that wee seek not the undoing of any man, but meerly 
the support, honour and security of our Government in that Island, 
Wee did thereupon make the following Order. That the Governor 
and Councill at Bombay be directed. That upon Alvaro Pirez de Tavora, 
his appearing before them, and making the same acknowledgment there 
as hee hath before Us here, They forthwith Issue out a pardon unto 
him under Our Scale of Bombay of all his said delinquences, and there- 
by to restore him to the possession of all such land and Estate as did 
then rightfully belong unto him, and were sequestred into the hands 
of his Mother. 

And wee do hereby Order and require you to see the said Order 
effectually executed, and that a pardon be Issued to him under Our 
Seale of Bombay of all his said delinquencies, that hee be restored to 
the Estate you did then Sequester, and that those into whose hands 
you did Sequester the same may be Ordered to Accompt and to pay 
to him the profitts thereof, first reimbursing you what charges you 
have been att in this affair, and so not doubting of your punctual! 
conformity with this Order, Wee bid you heartily farewell. From the 
East India house in London this 14th day of December 1677. 

Your very loving friends, 

Wm. Thompson Governor 

and 13 of the Court of Committees. 

Parry, the English Ambassador at Lisbon, could obtain no 
satisfaction ; the following mournful despatch narrates a miser- 
able account of diplomatic finesse and royal duplicity. 



April 30[ May 10 1678. 
Sir Public Re- 

I did not think it necessary or convenient to trouble you with a c. o. 77 
relation of my proceedings in the busines of Bombaim, till I could Vol. XIV,' 
give you some account of the effect of them. I have frequently layd folio 1- 
before the Prince the necessity of his sending orders to the Governors 
of Goa and Bacaim, to command the forbearance of all acts of hostility 
or forcible impositions on his Majesties Subjects of Bombaim, because 
of the inconveniences that must needs arise from resisting such force 
by force ; which those his Majesties Subjects as well by the permission 
of his Majestic as by the law of Nature, for their own defence could 
not forbear to doe : And I press' d his Highnes to send powers to D 
Franco de Mello, his Ambassador in England, to settle this whole affayr, 
according to the true intent and meaning of the Articles in that behalf. 
The busines has been these 3 months before the Councel of foreign 
plantations : time enough, one would think, for it, to give a very 
full and particular Report, and his Highnes thereupon a satisfactory 
answer. But in lieu thereof the Secretary of State wrote me a letter 
on the 29th of April this stile, to this purpose. That his Highnes 
hoped that his Majesty will take a final resolution in what his 
Ambassador hath represented to him concerning Bombaim, and in 
order thereunto his Highnes commands that D. Franco de Mello be 
charged to represent the same to his Majesty and that answer should 
be given to his Majesties letter in this very form. 

You see here is not a word of writing to the East Indies to 
suspend the tributes and impositions exacted by the Portuguese till 
the matter is decided, nor a word of impowering the Portuguese 
Ambassador to decide it, but an expectation of some concessions from 
his Majesty, as the delivery of Mahim, (which the Secretary in my first 
discourse with him in this affair, told me his Majesty was unjustly 
possess 'd of) and the like, and a farther order to the Ambassador to 
demand the same ; which is the scope of the answer sent to his Majestie's 
letter. So that instead of giving his Majesty satisfaction for the 
injuries done to his Subjects in Bombaim, they seem to expect 
satisfaction of injuries done to them. How this great difference will 
be avoided I can't tell. I have done all that is in my power, and have 
my final answer. But if it were true, that Mahim were of right 
belonging to the Portuguese, one would wonder they should contest 
it with his Majesty, considering how much He has done for them 
beyond the obligations of the Treaty of Matrimony. What charges 
they put him to before they gave him possession of Bombaim, and of 
how little profit Mahim would be to them, Goa itself, and all the places 
they possess in the East Indies being so many charges to the Crown : 
and you will doe it a kindness to take Carinjah and Salcote* 
into your possession, which certainly belong to you as well as Mahim, 
as appurtence to the Port of Bombaim. 

I shall trouble you no farther, but with the hearty offer of my 
service to you being 

Sir Your most faithfuU 

and most humble servant 

Ffran. Parry. 


Sir Wm. Thomson. 

^ ^ „ , A Court of Committees holden the 26th May 1682. 

Court Book 

XXXIII, On consideration this day had, of the state of the Compas. affairs 

page 11. at Bombay; It is ordered that the same be referred to Sir John Banks 
Sir James Edwards and Mr Edwin, to peruse the transactions that 
have passed touching the obstructions that have been given by the 
Portuguez in the Compas, trade at Tannah and Carinjah, and to 
represent the same unto his Matie. in such manner as they shall think 

A Court of Committees holden the 31st May 1682. 

Court Book 

XXXIII, It is ordered, that it be referred to the Committees for the affayrs 

page 12. Qf Bombay to move his Matie. not onely for a free passage by the 

Forts of Tannah and Carinjah but that demand may be made of 

satisfaction for the damages and Losses the Compa. have susteyned by 

obstructions given them in their trade. 

A Court of Committees holden 27th April 1683. 

Court Book 

XXXIII, xhe Court desired the Governor to present unto his Maty, in 
page 137. CQu^cil, the petition that was formerly drawn up of the Compas. 
grievances touching Tannah and Carinjah. 

The following document carries the history of this Conburery 
down to 1692. 

Court B ok "An answer of the East India Company to the Portugese 
77, Vol. XVI. King's Memoriall concerning Bombay. All the inhabitants of Bom- 
bay subject to the Portugese king became subjects to His Majesty 
King Charles II. The Company have spent £400,000 in f ortifjdng 
and maintaining the garrison there and in defending it. Again, 
all the inhabitants paid to the Portugese king J part of the 
fruits of their land, besides their services in Arms ; but the 
Company in the time of Aungier agreed to accept 20,000 xeraphins 
per annum for the surceasing of all duties into their hands. The 
Portugese have been listed and served in the militia. In the 
last Dutch War the inhabitants appeared in arms to the number 
of 7 or 8 thousand of all Nations, and such as did not, were 
confiscated according to the ancient law of the island, even during 
the government of Aungier. All persons in Bombay are bound 
to serve ; but many of Portugese not only neglected to do it, but 
many did desert the island." The Company then defends its 
officers whom the Portuguese king charged with injustice, etc. 
Dated March 18, 1692. 

The following extracts from the pamphlets in the British 
Museum, deahng, directly or indirectly, with Bombay, throw 
further light on the early history of Bombay. I have left out the 


account of Bombay by early travellers, as they are well known 
to students of Indian History and have already been published. 
I have cited a few pamphlets, in the first number of the Journal 
of Indian History, in my article on the " Company's War with 

The translations and transcripts from the Portuguese archives 
at Lisbon which Mr. Dan vers procured for the Record Depart- 
ment, India Office, have not yielded much. Copies or originals 
of all the documents on the early history of Bombay are pre- 
served in the PubUc Record Office, and I have not come across 
any important authority for the history of the City. The MSS. 
Letter Books are, of course, on a different footing, and the 
Despatches of the Directors throw considerable light on this 
quarrel. Limitation of space is my chief excuse for omitting to 
reproduce some of these characteristic expressions of their poUcy. 
The first Number of this Journal contained extracts dealing only 
with the war with Aurangzebe. I may, later on, fill up this 
gap and reprint extracts from some of these Despatches. 

Both the Bodleian and the British Museum Library are ex- 
tremely rich in pamphlet literature, and Bombay figured promi- 
nently in the merciless literary warfare which the reckless adven- 
turers, convinced whigs, and shrewd woollen merchants, launched 
on the devoted heads of the Company. I have selected only six- 
teen that deal directly or indirectly with Bombay. The list is 
hmited to the Company's war with Aurangzebe, and its early 
history must be studied in books and pamphlets published 
during the years 1660 — 88. 

(1) Supplement to Former Treatise. By Sir Josiah Childe. 

B. M. 

(2) The Great Oppressions and Injuries which the Company 

have acted. Bodleian Library. 

(3) The Present State of the East India Company's Affairs. 

Bodleian, Q. 658. 

(4) Reasons Against Making the East India Company, etc., 

B. M. 

(5) News from the East Indies. * B. M. 

(6) An Account of the East India Company's War with the 

Great Moghul. B. M. 

(7) Proposals for Settling the East India Trade. B. M. 

[* B. M. stands for the British Mufieam.] 


(8) Some Remarks on the East India Company's Accompt 

and Propositions. B. M.* 

(9) The East India Company's Reply to the Petition of 

Charles Price. B. M. Read also Charles Price's Petition. 

(10) An Account of the Trade to the East Indies. By George 

White. * B. M. and Public Record Office. 

(11) A Letter to Mr. Nathaniel Bench in Answer to a Paper 

by Him. By George White. 

(12) Answer of the East India Company to Certain Heads of 

Complaint Exhibited Against them by the Petitions 
Against the Said Company. Duplicate in P. R. O. 

(13) The Company's Answer to White. B. M.* 

(14) Some Considerations on the Nature and Importance of 

the Trade. B. M.* 

(15) A New Account of the East Indies. By Alexander 

Hamilton. This is a well-known book. 

(16) A Letter to a Friend Concerning the East India Com- 

pany. India Office Tracts, India Office Library. 

(17) A Letter from a Lawyer of the Inner Temple. India Office 

Tracts, India Office Library. 

(18) A Letter to a Member of Parliament. India Office Tracts, 

India Office Library. 

(19) Treatise on the Coins of England. 

(20) Reasons Against E. I. C. Bodleian. 

All of these pamphlets deal mainly with the Company's war 
with the Moghul. This list is not exhaustive, and I have selected 
only the typical productions of the period. Some oi these 
pamphlets are mere fly-sheets ; others, however, are very impor- 
tant, and to the student of the early history of Bombay they are 
of essential use. 

An interesting pamphlet, entitled, " Reasons humbly offered 
against establishing the East India Company by Act of Parliament," 
{Bodleian Library, Rawlinson MSS., Q. 658, A^^ 2) shows clearly 
enough the effect of the policy inaugurated by Childe. The 
farman is, as usual, the object of their dislike, and the Interlopers, 
who now adopted the high-sounding name of Free Traders, and 

[* B. M. stands for the British Museum.] 


whose views the author championed, show the absurdity of main- 
taining forts in India. " The Government and natives in India 
had always treated the Free Traders with singular kindness ; they 
protect in their parts, as they did the ship Success last year, from 
the French. They have offered Fhirmaunds to particular Free 
Traders, inviting them to Traffic with most endeavouring motives. 
These, with the Humanity of the Indians, are great security to us 
in our Trade with them, and are sufficient. But Forts and Castles 
are none at all, in case the Great Mogul at any time offend us. If 
they meet at sea, our Forts and Castles cannot defend us. 
So that Forts in India are at best no better to us in point 
of security or defence against the enemies than castles in the 
air, but may do us much hurt, for they are likely to create 
jealousy in Moghul, and other princes of India." 

Some, however, went even further. The Company, asserted 
the fanatics, had wrought havoc in Bombay ; it had dishonoured 
the English name in Surat, and it had made the English nation 
contemptible in the eyes of the Great Mogul. Would it not be 
better to dissolve the old Company ? Only by this means could 
England recover her reputation. This view found expression in 
a pamphlet, entitled " Reasons humbly offered against grafting 
upon or confirming the present East India Company." [Bodleian 

Apart altogether from the fear that " the mingling of a 
fresh honest estate with the unhallowed Remains of the old Leaves 
may subject it to miscarriage and a curse," the Government 
could not ignore the solid advantages that would be secured by the 
" disbanding the present Company and the establishing a new 
Company," as it "would be looked upon with a good eye in the 
Court of the Mogul, as a just answer infficted on the said Company." 
This would, moreover, ' ' be notable expedient to secure the Honour 
of the Kingdom that our King be sufficiently qualified with Honour 
and Justice, and will prove a proper method to recommend the 
English nation, and to extend our Commerce." 

These complaints were followed by others. The Company's 
forts, its expenditure on their maintenance, and the system of its 
administration, were subjected to violent criticism, and people 
noted with surprise the extent of the losses sustained by it during 
the last ten years of the nineteenth century. The following 
extract from a pamphlet in the British Museum, 816 mil, shows 
the length to which that peculiar species of criticism was carried 
in those days. The author, acting on the conviction that the 



" plain, honest way of making the Enquiry is by comparing 
what they have lost and relinquished since the former stock 
made a general transfer of all their rights and titles to 
them," found only the following additions to the Old East India 
Company's Stock, 1657. 

" (1) Bombay, the uselessness of which is demonstrated in 
a letter only received from their General in 1690." 

(2) For St. David's, which they purchased of an Indian 
Prince for £ 12,000. 

(3) Bencoolen, where they have a very inconsiderable Fort. 

(4) Tonquin, being built only with canes called Bamboos." 

These were the additions. He then shows the losses. Of 
course, they were enormous. The Company lost, during the 
same period, 

(1) Macasser, on the island of Celebes. 

(2) Acheen and Jambee. 

(3) Two factories in the Kingdom of Pegu. 

(4) Bantam, Japarra, Cherrypoone, and Jabia, considerable 
settlements on the Java. 

(5) Ahmedabad, Agra, Lucknow, and Scinde, four factories* 
from which they have since been driven out. 

(6) Some places on the Island of Borneo. 

(7) Their factories in Bengal are now in ruin." 

To these charges, and to various others which poured forth 
in quick succession. Sir Josiah Childe made a bold reply. It is 
couched in strong terms, and is a mixture of mendacious 
statements, high-flown eulogies, and coarse satire. 

" The Company," declared Sir Josiah, " do not desire to 
boast of the success God Almighty has given to their just arms, 
nor of their present condition. The case of the Company is that 
these are the very men that by an unparalleled Instance of 
Presumption, by diverse ships made such a combination in India 
as occasioned the loss of Bantam, the Rebellions of Bombay and 
St. Hellena, the subduction of all the English privileges by the 
native kings of India; and consequently great wars and bloodshed 
to recover those rights to the EngUsh Nation. Should they, now, 
hope to be received as the Assertors of the Rights of the People 


of England, as if our own Liberty should be converted into 
Licentiousness, and the Ruin of our Common Country by a 
Toleration to Join with Heathens and Papits in actual hostihty 
against this Kingdom, to destroy the English interest in India? " 
" The Company hope all Gentlemen know that the Govern- 
ments of those Eastern parts of the world are merely despotical, 
and that the admired and beloved common laws of this King- 
dom are plants too precious to be understood, or grow, so far 
Eastward, or on any other soil then that of our blessed Nation.' ' 

Childe then pays his tribute to his namesake in the following 
terms. The eulogy is exaggerated enough ; but so is the criticism 
directed against his beloved general by George Heathcote 
and his coterie. 

" The Company's General of India, Sir John Child, who hath 
lived about 35 years in that country without ever seeing his own, 
is a person of known sobriety, wisdom, Truth, and Courage, 
esteemed and beloved by people of all Nations in India, that have 
so much ingenuity as to acknowledge virtue in an enemy. 
Something whereof will occur to every man's observation 
that knows he managed that hazardous war against the Mogul 
with such success and moderation as that he took almost all the 
ships of the Moguls' and his subjects' ships, sailing in and out of 
Suratt, without spilling a drop of their blood, and dismissed the 
prisoners with clothes and money in their pockets which gained 
such reputation to our nation even amongst the Moors themselves, 
that they became universally Advocates and solicitous to the 
Mogul for the pacification upon which, unconstrained, he delivered 
back all the Moors' ships, except Abdul Gophar's, who was a great 
incendiary towards the war." 

It would hardly be fair to compare this eulogy of Sir John 
Child with Alexander Hamilton's pamphlet, entitled "A New 
Account of the East Indies," 1727. 

Childe's " Supplement "* to his treatise, A New Discourse of 
Trade, gives us further information on Bombay. 

" Again, within the same time the Company have Built, Fortified, 
and Grarrisoned three Forts in several parts of India, and coming 
from thence the 15 ships consigned to Bombay, and to the coast 

of India, their cargoes amounting to £356,000 (pp. 5-6) The 

Company have built new forts in and strengthened their Island of 
Bombay, and have ordered a dry dock to be built there. They 

• Snpplement, 1689, the Printed, 1681. British Museum. 


have also reduced the principal part of their Trade of Surat to 
their own Island of Bombay. The Island has cost the Company 
in fortifying and garrisoning at times above £500,000, and never 
produced any return to the Company, though it be one of the 
best ports in the Eastern world. The former Committee could 
not make such a move (transferring the Surat trade to Bombay) 
for fear of {a) charges, (&) of the Mogul, whose people gained 
exceedingly by our ships riding in their ports." 

" The Moghuls, therefore, durst injure and affront the English, 
while they had the President and all the chiefs of the Nation 
as a pawn continually in their hands, to secure their patient 
offerings of contempts whatsoever. 

But the case is now altered by the conduct, cost, and courage 
of the late Committee, and the Moors must be and will be civil 

Childe then summarises the results of the " glorious " war 
with Aurangzebe in his usual way. The firman is flaunted before 
an ignorant public, and a great parade is made of the vindication 
of the honour of the English nation. Here, however, he over- 
reached himself, as some of his reckless opponents translated the 
firmans contemptuously granted by Aurangzebe, and exposed the 
devious crooked devices invented by this resourceful brain. 

The Rawlinson MSS. 257 A, in the Bodleian Library, 
contains very useful copies of Grantham's Commission and 
Instruction ; their importance lies, however, in Childe's letters 
(Nos. 69, 79, 81) to Charles II. He informed Charles of the 
Cost of Bombay to the Company, and asserted that " Keigwins 
rebellion was premeditated, its main cause being the " sug- 
gestion " of Interlopers to the conspirators, and their corres- 
pondence with John Pettit, and George Bowcher, " our late 
servants that have made themselves chiefs of all Interlopers 
in the Northern part of India." 

He reminds the king that five mutinies had taken place within 
a comparatively short time, and concludes by suggesting that one 
Thorburn, " a scotch Taylor that went out a common soldier, 
and was, by his obedience, will, and parts advanced to be an 
Ensign in Bombay, was the principal Engineer, and contriver of 
the late Rebellion at Bombay," while Captain Keigwin, Captain 
Adderton, and Lt. Fletcher (stood) next to him in guilt." 

Sir Josiah Childe's remedies are characteristic of the man. 
He proposed that '*the litigation that has long depended may 


have a determination, that your Majesty's subjects may know 
their duty." 

(2) " The Company's ships should be specially despatched 
to Bombay, Your Majesty being pleased to give such Com- 
missions under Your Majesty's broad seal and such papers under 
Your Majesty's Privy seal, and signet (as may be necessary) " 

(3) Your Majesty will be gracwously pleased by Procla- 
mation or Privy Seal to command home such of the Principal 
Agents for Intertopers on such manner as may be highly penal to 
them, if they do not give due obedience to it. 

(Signed) Josiah Childe. 

" The Memoranda of the Times and Seasons in sailing from 
Port to Port in several parts of India," Rawlinson MSS., 344 
Bodleian Library, contains an interesting reference to Bombay. 
The author says : — 

" Bombay is the seat of General or Principal offices of the 
English East India Company. It produces salt in abundance, 
and coaconut. It is a place of small trade, though it has conveni- 
ency for a very good road, and a good entrance to it, and having 
no danger in the way but a Sunkers ( ! ) Rock, and a bank called 
the Modde Ground, which last is not in the way." 

This account of the early history of Bombay may be fitly 
concluded by the following letters, one from the Viceroy of Goa, 
and the other from the King of Portugal. 

The Viceroy declared, in his letter dated December 19, 1695 
" These English, directly they become aware we intend cutting 
off their supplies, suggest to the enemies that they make some 
demonstration against our territories, and this they generally do, 
at a season before the crops are fit for gathering, when the 
inhabitants and Vassals of Bacaim, frightened at the idea of war, 
and fearing they may lose their crops, send them to Bombay for 
safer custody and a better sale. Thus the British secure larger 
supplies than they require, and sell the surplus for high prices. 
This is not all the English do ; they supply the enemy with arms 
and ammunition, to the great danger of the state, which could 
scarcely defend itself against its Asiatic enemies." 

The King's reply is characteristic. " Having noted what you 
write to me as regards the English in Bombay having sent the 
Arabs of Muscat powder, shot, and all other necessaries for the 
equipment of their ships, thus interfering with the peace negotia- 


tions which they contemplated entering into, in consequence of 
the losses inflicted on them by our foregates in 1693, and that 
they, the Arabs, had carried the British flag and employed 
English Captains in order to avoid seizure and to be enabled 
to carry contraband goods ; in reply to your question as to 
what action you are to take in such cases, I would say that at any 
time that any of the enemy's ships are encountered under the 
command of English Captains they should be seized. I would, 
however, recommend you to be cautious in these matters, and 
bear in mind the state of the weather and the forces at your 

Such was the end of the happy alliance of poor Charles II. 
One of the shrewdest of men, he found himself tricked at every 
turn of the diplomatic wheel by the subtle Portuguese. 


Abunhados. 481. 

Accounts of Bombay. See Reports. 

Adderton. Capt.. 568. 

Alamtejo, 439. 

Albemarle, 439. 

Alfonso VI. 439. 

Letter from Governor of Bombay, 

Instructs Viceroy to surrender Bom- 
bay, 445. 

Negotiates for purchase of Bom- 
bay. 461. 

Almayda, Don Pedro de, Viceroy of 
Report to Charles II concerning 
Thana and Carinjah. 548. 

Almeida, Dom Pedrode. Viceroy of 
Goa, 484. 
Reply to Charles II regarding tolls. 

Amboyna, 43^^. 

Angediva, 447. 

Cooke's reports from, 463. 464. 

Armagou, 424. 

Assada, 429. 
Adventurers, 429. 

Aungier. 427. 

Aurangzebe, 485. 

Baudarino, 481. 

Bandora. 480, 543. 

Baragnas, 543. 

Baragoa, 481. 

Bashaw of Bussora, 486. 

Bassein. 430, 454, 480. 
Report on, 532. 

Belgrade, fort, 533. 

Bengalla, King of, 486. 

Bennett, Sir Henry. Letter to Ambas 
sador in Portugal, 454. 

Biondi, 530. 

Blackman, President, 428. 

Bombay, Authorities for study of, 

First visit of the English, 421. 
Accounts of. See Reports. 
Fortification of, 424, 42S. 
Economic condition of Company 

in 1635, 427. 
Inhabitants' Petition to Charles II. 

Surrendered to the English, 455. 
Cooke's reports on the surrender, 461 
Terms oi surrender, 479. 
Lucas' report, 486. 
Report on Law Court by Wilcox. 


Botelho. 421. 

Bowcher, George; 568. 

Bowen, Capt. Robert, 463. 

Bristol. 439. 

Browne, Capt. Arnold. Report on 
Bombay, 442. 

Bulwark of the Sea, fort. 533. 

Cabull, taken by Pathans, 501. 

Cambaya, 432. 

Candaharr, 501. 

Cape Commorin, 432. 

Cape of Good Hope, 432. 

Carinjah 481. 483, 485, 531, 543. 
Ccmp ny, claim ngi-ts to, 512. 
Description, 534. 
Report by Viceroy of Goa, 548. 


Carapatam, 4.10. 

Castro, An to de Mello de, Govemoi of 

Letter to Queen of Spain, 443. 

Letter to King of Spain, 444. 

Letters regarding refusal to surrender 
Bombay, 456, 466. 

Instructions for purchase of Bom- 
bay, 461 . 

Refuses aid to Cooke against Dutch, 

Catharine, Infanta, 439. 

Charles II. Assists Portuguese against 
Spain and Netherlands, 420. 

Company refuse to co-operate with, 

Marriage, 439. 

Letter to Sir Abraham Shipman, 446 

Inhabitants of Bombay petition, 451. 

Repudiates Cooke's treaty, 482. 

Almeida's reply, 484. 

Southwell's report of Portuguese, 

Reply to Southwell's report, 520. 

Petition regarding tolls at Thana and 

i Carinjah, 545. 

Letter to Prince Regent, 549. 

Child, Sir Josiah, 424. 

Reply to complaints against Com- 
pany, 566. 

Clarendon, 439, 441. 

Colai, 530. 

Committee of Trade, Reports on Pirer, 
^/ 550. 
Company's reply to his claims, 552. 

Company. See East India Company. 

Cong, 486. 

Cooke, Humphrey. Reports on surren- 
der of Bombay, 461. 

Account of Bombay, 471. 

On possession of Mahim, 475. 

Fortification of Bombay, 477. 

Advises fortification of Pataires, 

Lucas' report on his administration, 

Treaty with the Portuguese, 518, 

Cromwell, OUver, 428. 
Attitude towards the Company, 429. 
Company's petition to, 430. 

Wylde's Remonstrance, 431. 
Cummbies, 481. 

Dabnll, 432, 433. 

Daman, 432. 

Danda Rajapore, 430, 432, 433. 

Davis, David. Account of landing at 
Bombay, 422. 

de Mello, Francisco. Portuguese Am- 
bassador, 439. 

Diu, 432. 

Terms for surrender, 433. 

Dutch, Hostility to the Company, 424 . 
Refuse to co-operate with English, 

East India Company, status of, 423. 
Project for fortified towns suspended 

Project again considered, 429. 
Report in 1635, 427. 
Petition to Cromwell, 430. 
Refusal to co-operate with Charles II, 

Policy regarding treaty of 1661, 440. 
Losses caused by Shivaji, 501. 
Petition to Charles II, 502, 510. 
Petition to Viceroy of Goa, 508. 
Viceroy's reply, 509. 
Company's minutes thereon, 509. 
Customs duties at Gombroone, 521 . 
Reports on land held and positions 

to be annexed, 530. 
Reply to Pirez's claims, 553. 
Report of Company in 1692, 562. 

Elephanta, 531. 

Elsinore, 527, 536. 

English, first visit to Bombay, 421. 
Treaty with Portuguese, 439. 
Government, economic character, 

Ambassador in Portugal, 454. 

Evans, John, 530. 

Fanshaw, English Ambassador in 
Portugal, 454. 


Fletcher, Lieut., 568. 

Fremlen, Mr., President, 433. 

French, Heme's complaint, 489. 

Fryer, Dr., 427, 448. 

Furtado, Lord Lewis de Mendoca, 
Viceroy of Goa, 482. 
Petition from the Company, 508. 
Rephes to the Company, 509. 

Galiana, 530. 

Gary, Henry. Letters to Marlborough 
Shivaji's raid on Surat, 448. 
Viceroy's refusal to cede BoabBy, 

Goa, 457. 

Cooke sails for Bombay, 466. 
Furtado, Viceroy, 482. 
Almeida, Viceroy, 484. 

Golgundaugh, King of, 486. 

Gombroone, 521. 

Hamilton, Alexander, 421. 

Heme, Nathaniel. Complains of 
seizure of boats by French, 489. 

Higgenson, Charles, 463. 

Hubely, captured by Shivaji, 501. 

Hungerford, Colonel, 442. 

Hunter, Sir WiUiam, 424, 429. 

Lagundy, 424. 
La Hay, M. 501. 

Langhome, Sir William, 502. 

Law, Courts of. Established 
Bombay, 490. 

Report by Wilcox, 490. 
Lucas, Sir Gervase Report by, 486. 

Mahim. Portuj^uese protest against 
British, 475. 

Arrears of rent before taking pos- 
session, 475. 

Customs duties, 530. 

Cjnceming possession of, 540. 

Mandeins, custom house, 548. 

Marlborough, Earl of, 442. 

Letter to Queen concerning his 

conduct, 443. 
Report from Abraham Shipman, 447. 
Reports from Henry Gary, 448, 449 


Metchelepatam, 501. 

Methwold, President. Account of Bom- 
bay, 427. 

Meyner, Capt. Richard, 445. 

Moghuls, confer with Wylde, 432. 
Govemment, Privileges granted to 

Company, 423. 
Shivaji's raid, 448. 

Murr, 530. 

Netherlands, at war with Portugal, 420. 

Java Major, 432. 
John IV, 439. 
Juan, Don, 439. 

Keigwin, Capt., 568. 

Kerridge, President. Summary of 
landing at Bombay, 423. 
Favours occupation of Bombay, 425. 

Knight, Sir William Thompson, 545. 

Ormond, 439. 

Ovington, Rev. Account of Bombay. 

Oxenden, Sir George, 427, 446. 

Refuses transports for Cooke, 464. 
Refuses assistance to Cooke, 477. 

Parry, F. Envoy to Portugal, 549. 
Report by, 561. 

Passo Secco, fort, 533. 


Pataires, Cooke advises fortification, 

Pategos, island, 531. 

Pathans, capture Cabull, 501. 

Pettit, John. 568. 

Pirez, Don Alvaro. Claims of, 550. 
Company's reply concerning Pirez, 

Portuguese, hostility to the Company* 

Cessation of arms, 433. 
Treaty with English, 439. 
Government, economic character, 

Delay cession of Bombay, 441. 
Account of their administration, 451. 
Surrender Bombay, 455. 
Company petition Charles II on 

their rights, 502. 
Cooke's Treaty, 518, 526. 

Pule Run, 429. 

Rajah Jesson, 485. 

Rajapore, 432, 433. 

Reports on Bombay by 
David Davis, 422. 
James Slade, 424. 
President Kerridge, 425. 
Richard Tuck, 426. 
President Methwold, 427. 
Rev. Mr. Ovington, 427. 
Mr. Waite, 427. 
Capt. Arnold Browne, 442. 

Slade, James. Account of British 
landing, 424. 

Smith, Anthony, 449. 

Southwell, Sir Robert, 501. 

Report to Chailes II regarding 

Portuguese, 515. 
Report on Boundaries of Bombay, 

Receives ^100 gratuity, 539. 

Spain. War with Portugal, 420. 

Spiller, John, 428. 

St. Thoma, 501. 

Surat, headquarter of Company, 423. 
Shivaji raids, 449. 

Tangier, 420. 

Thana, 455, 483, 484. 
Company claims, 512. 
Report by Viceroy, 548. 

Thompson, Maurice, 429. 

Thomson, Major, 501. 

Thorburn, Ensign, 568. 

Treaty of 1661, 439. 

Policy of the Company regarding 

Article XI, 513. 

" Trumbay, " 530. 

Tuck, Richard. Account of Bombay, 

Salsette, 455. 480, 481, 530, 543. 

Sandwich. Earl of. 439. 

Sevine. Nevine. 531. 

Shipman, Sir Abraham, 442. 
King Charles' letter to, 446. 
Letter to Marlborough, 447. 
Death of, 461 . 

Commission to take over Bombay, 

Shivaji, 485. 

Raid on Surat. 448. 
Captures Hubely. 501. 
Plunders Visapore, 501.- 

Van Goens, Rickleflfe, 501. 

Vassava, 530. 

Visapore, 433. 

Raided by Shivaji, 501. 

Vitchapore, King of, 486. 

Waite. Account of Bombay, 427. 

Wilcox, George. Appointed judge, 490, 
Report on Law Courts, 490. 

Wylde, Richard. Remonstrance 
Cromwell. 432. 



General Editor : SHAFAAT AHMAD KHAN, Litt. D. 

University Professor of History, Allahabad University. 

The East India Trade in the 

XVI Ith Century 

In its Political and Economic Aspects, 


Clarendon Press, Oxford. 



Oxford University Press, Madras Branch. 


SHAFAAT AHMAD KHAN, Litt. D., F.R. Hist. S. 

University Professor of History, University of Allahabad, India. 

Dr. S. Krishnaswami iPrincipalH. G. Rawunson] Shafaat Ahmad Khan 
AiYANGAR, University M. A., I. E. S. University] Litt. D., University 
Professor of Indian | of Bombay. I of Allahabad. 

History Madras. 

SubBcription Rs. 10 per annum. Single Cf^iee, Re. 4. 





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