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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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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
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