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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	king_n	say_a	sovereign_a	23,708	5	10.0425	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

THE CASE OF Mainwaring Hawes Payne and others Concerning a Depredation made by the Spanish-West-Jndia 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 Printed Anno 1646. To the Right Honourable the Lords and Commons assembled in PARLIAMENT The humble Petition of Randall Mainwaring Nathaniell Hawes George Payne and others SHEWETH THat the Ship Elizabeth her tackle furniture and lading valued at 12000 l belonging to Ioseph Hawes Merchant and Company going on a trading voyage for Virginia was about 250. Leagues short thereof surprised and taken by eleven Sayle of the Spanish West India Fleet all under the command of one Generall in the yeare 1637. whereof 4. were Galeons of the Kings the rest Merchants ships who shared the goods among them barbarously abused the Mariners and Passengers and carryed the sayd Ship into Spaine and there detaine her unto this day That the sayd Hawes proved his losse in Spaine and in the Admiralty of England and had certificate thereof to His Majesty and the Lords of his Privy Councell was favoured with Letters to the Lord Aston and afterwards to Sir Arthur Hopton when they were respectively Embassadours in Spaine who indeavoured his satisfaction with that State but could procure no reall retribution as by the Copies of the sayd Certificate and Letters may more at large appeare Since which time Ioseph Hawes formerly of good estate by the sayd losse utterly undone died in prison and Randall Mainwaring Nathaniel Hawes and George Payne now Petitioners to your Honours left ingaged in several great summes of money for him as next of kindred have taken out Letters of Administration and in December 1642. arested by Warrant out of the Admiralty certaine Plate Moneyes and Merchandise arriving at Southampton in the ship the St. Clare which were laden into her out of the Spanish West India Fleet in which were divers ships and men that were in the fleet that robbed the Elizabeth and made the aforesaid depredation and both which fleets were set out by the same authority and for the same use and purpose After which arest made by your Petitioners and some others by the Order of the Honourable House of Commons heereunto annexed 50000 l was deposited in the hands of the Parliament in stead of Bayle to answer those Actions by the claymers of the aforesayd goods and the goods in their property were released And in pursuance of the sayd Arest your Petitioners have made so cleare proofe that not only the Judge of the Admiralty but they who tooke the Defence of the Suit upon them against your Petitioners doe acknowledge That the taking of the sayd ship Elizabeth was a manifest and most shamefull deprdation and that your Petitioners ought to have repayre for the same which the sayd Judge must needs affirme if he be thereunto required Notwithstanding all which the sayd Judge forasmuch as the moneyes aforesayd remaine deposited in the hands of the Parliament and for that the satisfaction of your Petitioners out of this money is conceived to be matter of State doth defer to give Sentence for that the Supreme power hath not hitherto declared That the goods arested are in point of State liable to make your Petitioners satisfaction In tender consideration of all which Forasmuch as your Petitioners have used in Spaine all meanes requifite by Law and possible against the persons of those that made the depredation and cannot obtayne justice and have no possibility of being repayred but by that supreme power to which they are subject And for as much as that power not only by the Lawes of this Realme but by the Law of Nations may relieve oppressed subjects by Letters of reprizall being the only and usuall remedy afforded in cases of this nature Your Petitioners most humbly pray and beseech this honourable Assembly to take their case into your serious commiseration and to grant Letters of reprizall to your Petitioners to be repaired of their said losses and damages out of the money deposited in the Parliament that so your oppressed Petitioners who have been most unjustly spoiled by the Spanyard and as unjustly denied restitution may by the justice of this honourable Assembly receive such recompence as the Law will give them when the supreme power of this kingdome shall have decreed the Letters of reprizall to your Petitioners And your Petitioners as in duty shall continue to pray for your Honours The Order of the house of COMMONS Die Lunae 2. Januarii 1642. THe Merchants Spanyards and owners of the Ship the Clare having this day in obedience to an Order of this House of 29. Decemb. last past paid in the lumme of 20000 l which with the 30000 l formerly delivered into the Tower is to stand liable instead of bail to all Suits Arests and Claims according to Law as the goods should have been if they had still continued in custody made either by the Spanish Embassador or any other whomsoever concerning the premises this House doth therefore order that all those persons Sir Jn o Nulls or whomsoever else here or at Southampton in whose custody the Cochinela Ginger Hides and other goods brought in the Ship the Clare do remain do forthwith deliver up the said goods unto Ignatio Landahola Diego Descarey Benedict Stafford and John Mayo for the use of themselves and the rest of the Merchants and owners free from any present or future restraint or trouble whatsoever they paying fraight custome and all other charges duly disbursed by the said Masters and owners any wayes concerning the said goods And this House doth further order that the Judge of the Admiralty and others whom it may concern take due notice of this Order and do nothing in prejudice of the reall execution thereof Hen. Elsynge Cler. Parl. Dom. Com. Sir Henry Martin's Certificate to the Lords of his Majesties most honorable Privy Councell Right Honorable ACcording to your Lordships Order signified under the Petition annexed the Petitioners have examined witnesses in the Admiralty-Court to prove the points deduced in the Petition which I conceive to be these foure First That eleven sayle of Spanish Ships part of the Plate-fleete surprized and tooke the ship Elizabeth from the Petitioners in 1637. in her course upon a trading Voyage for Virginia about 250 leagues short of Virginia and carried her and all that was in her into Spaine and there deteineth her Secondly That the whole value thereof with the dammage doth amount to above 12000. l Thirdly That the Company in the Spanish-fleete robbed and spoyled the company in the Elizabeth of all they had and imprisoned some of the Mariners in Spayne Fourthly and lastly That the Petitioners used all good endeavours to recover their goods but all in vaine All which foure