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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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Dominions Places or Governments of the other neither shall the aforesayd Princes consent that any of the grievances before mentioned be done by any of their Vassals Inhabitants or Subjects and they shall also cause restitution to be made of all depradations and spoyles which hereafter shall be committed and of the damages growing by meanes thereof VI. AND whosoever shall doe any thing to the contrary he shall be punished not only criminally according to the merit of his offence but shall also be compelled to make restitution and satisfaction for the losses to the parties damnified requiring the same Branches of Statutes An. XXVII Ed. 3. c. 17. ITEM That no Marchant Stranger be impeached for anothers Trespasse or anothers Debt whereof he is not Debtor Pledge nor Mainpernor Provided alwaies that if our liege people Merchants or other be indamaged by any Lords of strange Lands or their subjects and the said Lords duely required faile of right to our said subjects we shall haue the law of Merque and of taking them againe as hath bene used in time past without fraud or male-engine An. II. Hen. 5. c. 7. THE King willing as well in this case as in other to provide the imdempnity of his liege and faithfull subjects hath declared in this present Parliament that of all the attempts made by his enemies upon any of his faithfull liege people against the tenor of any truce taken before this time wherein is no expresse mention made that all Marques and Reprisals shall cease the same our Soueraign Lord the King will grant Marque to all them that feele themselves in this case grieued in due forme And our said Soueraigne Lord the King shall make reparaile to all his liege people that feele them grieued against the tenor of any truce which betwixt him and any of his enemies shall be newly taken hereafter And to the greater comfort of his said faithfull liege peopl to the intent that they may the more readily and without long delay have re-made in this case the same our Soueraigne Lord the King wil that if he or they that feele them grieued against the tenor and forme of such truce within the realm of England out of the said marches of Scotland or upon the Sea or in the parts beyond the Sea shall complaine to the Keeper of the priuy Seale which for the time shall be who after such complaint heard and perceiued thereof shall make the party complainant if he the same require Letters of Request under the Privie Seale in a due forme and if after such Request made the party required doe not make within a convenient time due restitution and satisfaction to the partie grieved then the Chanceller of England for the time being shall doe to be made to such partie grieved if he that demand Letters of Marque under the great Seale in a due forme c. Proclamation 1. Car. for encouragement of Trade to Virginia THAT the Territories of Virginia New-England and the Summer-Islands c. Are part of his Royall Empire discended upon him and that he holds himselfe bound by his Regall Office to Protect Maintaine and support the same and so is resolved to doe as well as any other his Dominions c. Presidents of forraigne practice toward the English GIVE us leave therefore to minde your Honors of the practice of other kingdomes and states in Amitie with the Crown of England who make it matter of State to releive their Subjects pretending injuries done them by any of the English out of any of their goods which come within their jurisdiction as will appeare by these ensuing Presidents of which we could have eited many more but that we feare to offend your Patience Captaine Jones Captain of one of the Parliaments ships in the moneth of April 1644. seized upon a French ship belonging to one Peter Le Duke of Saint Mallowes called the Saint Julian Peter Michelot Master the ship was laden with Corne Gunpowder and other goods Captaine Jones takes out the Gunpowder and some small trifles more and sends up the ship and her lading to London as a Prize where within foure moneth after she was freed in the Admiralty Immediatly upon her first takeing about 21. Apr. 1644. Peter Le Duke obtained a Decree from the Councell of State to arrest the Goods or Ships of any of the English Subjects in obedience to the Parliament by virtue whereof he obteined from the Judge of the Admiralty in Saint Mallowes a Warrant to breake open the Counting-house of Daniel Searles Factor to English Merchants and by Letters and Bookes there found that in the Anne of London of which Giles Symmes was Master there was goods to the value of 1100. l belonging to Master William Barkley of London and Company Merchants the said Officers unladed all her goods as well Master Barckleys as others and kept them in their custody untill the ship was released here and untill full satisfaction was made to Le Duke for the Gunpowder and other goods taken forth of the Saint Julian and to the Master for Saylors wages fraight of the Ship and other charges for the time they were stayed which cost Master Barckley and Company 350. l here and about 400. l in France in suites of Lawe and other charges there These goods thus freed from Le Dukes Arrest and reladen into another Ship for the Merchants of London had been againe arrested upon a second pretence by another partie for dammages pretended to be done him by the English had not the Master in which they were re-laden defended himselfe and by force carried them away Whereupon the second pretenders met with another Barke in which was 600. l worth of goods of the said Master Barckleys arrested them by a Warrant from the Judge and the greatest part of them are there to this day and no satisfaction can be obtained There are divers other presidents of seizures made both by Land and Sea frequently by the French of the goods of Englishmen for injuries pretended to be done to them which is done by virtue of Warrants from the immediate Judges and not by Letters of Reprizall for no other cause but upon a pretence that some other Englishman had done them an injury as in the Case of Martin De Lawney which hath been in agitation above twentie yeares for Goods pretended to be taken formerly by a Pirate William Berkley The Treatie 1644. between the King of Denmarke and the Parliaments Commissioners was upon this Cause IN the beginning of August 1643. The Parliaments Ships tooke the Ship called the Christian Arke belonging to the King of Denmarke laden with Armes and Amunition entring Tinmouth Bay and bound for Newcastle brought her up to London and by Order of the House of Commons disposed of the Armes and Ammunition returning only the Ship Hereupon his Majesty of Denmarke 23. of the same Moneth seized a Ship belonging to the Merchants Adventurers passing Gluckstadt upon the River Elne and bound for Hamburgh