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A81279 The case of Mainwaring, Hawes, Payne, and others, concerning a depredation made by the Spanish-West-India fleete upon the ship Elizabeth. Restitution sought in Spayne, justice denied, and thereupon, according to lawe, iustice petitioned of the Honorable Houses of Parliament. In which is prayed that (out of 50000 l. deposited in the Parliaments hands, in lieu of plate and merchandize by them formerly arrested) satisfaction may bee made. Mainwaring, Randall.; Hawes, Nathaniel.; Payne, George.; England and Wales. Parliament. House of Commons. 1646 (1646) Wing C939; Thomason E355_17; ESTC R4352 11,585 19

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points I take to be sufficiently testified with this That the Lord Aston then Lord Ambassador for his Majesty in Spaine was then made privie to all the premises and interposed his utmost endeavour in the behalfe of the Petitioners whose Lordship is best able to informe our Honours upon what grounds the Spanish fleete did surprize the Petitioners and the State there avow the proceeding and deny any restitution to the English March 15. 1638. H. Martin Their Lordships Letter into Spayne AFter our very hearty Commendations to your Lordship We send you inclosed a Petition presented to this Board in the name of the Merchants and passengers of the ship called the Elizabeth of London together with two Certificates concerning the same The one from the Lord Aston his Majesties late Embassador resident there The other from Sir Henry Martin Knight Judge of the Admiralty Whereby you will perceive with what violence and outrage the said ship the Elizabeth was heretofore taken from the Petitioners by eleven sayle of the Spanish Plate-fleete and what proceedings have been since had for the recovery of the same Whereof We have taken consideration and being desirous to protect his Ma ies subjects from wrongs and injuries have thought good thereby in especiall manner to recommend it to your Care to imploy your best meanes and endeavors on the Petitioners behalfe in representing the great damage and losse which they have susteined thereby and pressing the same with all such Arguments and reasons as you in your discretion shall think fit according to the nature of the Case to the end a speedy and full restitution may be made unto the Petitioners and such satisfaction given them for the damage and charge which they have hitherto susteined as to Justice doth apperteine and as may be expected towards his Majesties Subjects from his Friends and Allies Whereupon in case such just restitution as aforesaid be eyther denied to the Petitioners or that such delayes be used therein as may be construed and deemed a deniall you are forthwith to represent the same to this Board in expresse termes that such further course may be taken for the Petitioners reparation and reliefe as to his Majesty and this Board shall be found just And so We bid your Lordship very heartily farewell From White-hall the last day of April 1639. Your loving Friends Signed by the Lo. Arch. B. of Cant. Lo. Cottington Lo. Keeper Lo. Newburge Lo. Treasurer Mr. Comptroller Lo. Privy Seale Mr. Sec. Windebank The English Ambassadors Answere out of Spaine Right Honorable THE Bearer hereof Benjamin Woolnoe was Master of the ship called the Elizabeth which in his voyage towards Virginia was on the eleventh of October 1637 seized on by the Squadra of Nova Espania and brought to Cades with all her lading and passengers For restitution of which ship and for satisfaction for the losses and damages it seeemes my Lord Aston in the time of his service in this Court used all fit diligences the effect whereof was a promise that the ship and goods deposited at Cadiz should be forthwith restored But in the execution thereof were interposed some delayes which continued untill the Master and his Company resolved on returning to their Country and so nothing was executed at that time nor before my Lord Aston returned for England Whereupon the Master and the parties interressed in the said ship and goods petitioned his Matie and the Board for some course to be taken for their satisfaction and accordingly the Lords having consulted with my Lord Aston and with Sir Honry Martin Judge of the Admiralty were pleased to direct unto me their Lordships letter bearing date the last day of April 1639. which came to my hands on the 10 20 of August of the same yeare Commanding me to use all due meanes for the obteining full and speedy satisfaction for the said losse And in case the same should be deteined or that such delaies should be used therein as might be construed or deemed a deniall then to represent the same in expresse termes to the Board In humble obedience to which Order I have from the said 10 20 of August spared no diligence to the effect above mentioned having spoken to the King and delivered him a paper conteining the whole matter as well in manifestation of the disorder as in demand of due satisfaction according to reason and justice And I have severall times spoken to and solicited a Resolution therein with the Conde Duque as a Minister of generall Care and Power and with the Conde de Castrillo President of the Councell of the Judges to whose charge the dispatch of this businesse doth particularly belong And although I have received many faire hopes and promises from all sides and from time to time yet untill the day of the date hereof being the 20 30 of May in the yeare 1640. I have been able to get no Resolution nor are the likely hoods thereof greater now then they were the first day And the Bearer hereof Benjamin Woolnoe being no longer able to suffer the charge of this expensive place hath desired me to give my Certificate according to the present state of this businesse which I have done as above said leaving a construction upon the delay and want of Answere hitherto to your Honours and their Lordships better judgements to whom your Honors may please to give an accompt hereof as you shall thinke fit and I doe humbly desire Humbly representing herewithall that if any other businesse remitted to me by their Lordships or your Honors concerning his Majesties Subjects I have failed to give eyther you or them the Answere that may be expected It is because I can get none which is the ordinary course of this Court where the doing Justice is prejudiciall to the Kings Revenues though in other matters their dispatch be not to be complained of I shall trouble your Honors no more but humbly rest Your Honors most humble servant ARTH. HOPTON Madritt 2● 30 Articles of the Treaty 18 Aug. 1604. I. FIRST It is concluded and accorded that from this day forward there shall be a good sincere true firme and perfect Amitie League Peace to endure for ever and inviolably to be observed and kept as well by Land as Sea and fresh Waters betwixt the most renowned king of England Scotland France and Ireland c. And the most renowned king of Spaine c. And the most renowned Archdukes of Austrice Dukes of Burgundie c. and their Heires and Successors whomsoever their Kingdomes Countries Dominions Lands Peoples Liegemen and Subjects now being or which hereafter shall be of whatsoever condition state or degree they are or may be so as the sayd Vassalls and Subjects from henceforth are each of them to favour other and to use one another with all kind and friendly offices II. AND each party shall hereafter abstaine from all depradations offences and spoyles as well by Sea as Land and fresh waters in whatsoever the Kingdomes