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 [Page 12]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.

Many Presidents might be alledged in this kinde of the practice of the Spanyards towards the English, who Seize and Condemn their goods in Port, or otherwise on Shoare, upon pretence of injuries done them, and [Page 13]that so notoriously knowne that the Plaintiffe need give no instances thereon. And further the Judges in Spayne, in the way of a Civill action, by Arrest Condemn the Ships and Goods of such as are in Company, having no relation to the persons, or Ships, whereof the persons are that did the pretended dammage, as will appeare by the particular Presidents of Captaine Davis and Tyddyman lately acted in Spayne, hereafter ensuing.

These thing thus premised, your Honors may be pleased to observe that it is evident,

First, That the King of Spayne hath Covenanted a Peace with the King of England, in the behalfe of himselfe and subjects, whereby it is a­greed that restitution shall be made of all spoyles, with the dammages as aforesaid.

Secondly, That there hath beene a shamefull Depradation done upon the Ship Elizabeth, belonging to Joseph Hawes and Company; and that they have sought satisfaction in Spayne, but without the desired effect; and the Offenders, in stead of punishment, continued in their former Cō ­mands and Imployments.

Thirdly, That Justice being denied by a Prince that hath sworne a League, &c, as aforesaid; It is accounted just, and the practice of all Na­tions, [Page 14]to satisfie the Persons suffering, out of the next goods of that Nati­on offending, coming within the power or jurisdiction of that Crowne under whose protection the Partie that is spoyled inhabiteth; And that the Equity hereof may more cleerely appeare, May it please your Honors to consider.

That such is the constant usage of the Spanish Nation towards the En­glish. Our Lawes intend the same, for it is enacted Anno. 5. Hen. 4. That Merchants-Strangers shall be intreated in this Realme, as Mer­chants Denizons are beyond the Seas. In Order whereunto, there was an Act of Parliament in a particular Case, relating to the Subjects of the Duke of Burgundie, Au. 4. Ed. 4. And an Act of State An. 11. Elizab. concerning the Flemings and Spanyards, wherby other Nations in league with the English, were kept to an equall observation of the Articles of Peace; And experience teacheth, That there is no better a meanes of ma­king a Peace durable, then by being sensible of the first and least violation. This strict keeping of the Spanyard to a mutuall maintayning of Amitie, made him, even against his will (saith Cambden) beare a more favorable minde towards the English, and produced the renuing that Peace which from the yeere 1568. to 1573. was somwhat interrupted by the Spany­ards shuffling with this Nation: Queene Elizabeth to her exceeding great honour (saith the said Author) satisfying to the full the dammages of the English Merchants, out of the Nether-landers goods, then within her jurisdiction. And it was the speech of an Ambassadour of Spayne to the King of France at Bloys An. 1599. That if the publique Faith did not maintayne reciprocall Bonds, the Peace would be more injurious then War, being impossible to avoid the deceipts of him that was a friend in shew, but in effect an enemy; And by this it is, that Articles of Peace which are principally made for the defence of the Innocent, become mates to them, and advantages to the injurious; Et infirmatis voiolatis (que) pactis tollitur inter homines commerciorum usus. And in this Case where­in there is no other remedy, the Lawe of Nations ordaynes, that by equall wrong Princes and People that keepe not Faith should be enforced to doe equall right. For, is it reasonable that the Nation should have the benefit of those Articles of Peace, by which themselves will not be bound. It is therefore enacted by the Lawes of this kingdom. 10. Hen. 6. That any Subject of the Crowne of England, that is spoyled by a forreigne people, shall have Letters of Request, under the Privy Seale, for his satisfaction, which if not had in convenient time; The King by advice of his Councell shall provide remedy for the partie grieved, which is further explaned [Page 15] An. 4. H. 5. and it was accustomed to be done by the rules of naturall E­quity, for by tedious and chargeable suites, the burden of the oppressed is made heavier, which at the best is pittifull, and where they have relation to the Spanyard, most miserable: My Lords and Gentlemen, you are his Majesties greatest Councell now oportunely sitting; These hono­rable Houses have ever been the Fountaines of Justice; Hence we drawe the waters of our livelyhoods and liberties: You are those from whom we expect shelter against the stormes of forreigne windes, and the drop­pings of unjust judgements: You are the refuge and Sanctuary of the distressed members of this kingdome; Nor is there any thing will be a more acceptable service unto God, nor render you more honorable to men, then to releive the oppressed. Actions of Justice and Mercy are equi­valent to the Majesty and Greatnes of this Assembly; with you is Power if there be any Balm in Gilead; with you is Wisedome to discerne the high inconveniences that ensue upon connivence at injuries of this nature and to perceive that through our sides the Nation is wounded, when unto other former attempts to discourage the Navigation of the English to the Western-Plantations; this Depredation is added in a purposed hostile manner, aggravated by the affronting speech of the Marquesse Cardeneza Generall of the Fleet, That he would carry us into Spayne to knowe if the King his Master would give leave to the King of England that his subjects might plant and trads in Virginia; as if we had begged a Gibeonitish Peace, and must be content with our lives and enjoy the benefit of the Ar­ticles, as they please to interpret them.

Sure the Honor of the English Nation is not come to this, nor are those Plantations with so great charge brought to some perfection, to have so short an end as the Will of the Spanyard would measure them out. The designe was higher, and had a further intent, and may hereafter have a more seasonable thought; which is left to the Wisedome of this State. It only remaines that ex abundanti We shew your Honors the equity of our pretensions; that though by the Lawes of this kingdome, and the practices of other Nations, we ought to have reparations (out of the goods of any of that Nation that hath done us the injurie) yet more especially a­gainst these Goods and Persons entitling themselves owners; And first for the Goods.

They are our most certain hold, proved to be taken out of the Vice-Ad­mirall of the Spanish West-India Fleete [ see the profes made in the Admi­ralty Coure, Fol. 19.29.32. & fol. 24.34.] and then we alledge, That the Spanish West India Fleete that robbed the Elizabeth in 1637. and this [Page 16]in An. 1640. were one and the same; set out by the same power and authority, and to the same end, Viz under the authority of the Contra­ctation House, Persons deputed to mannage that particular Trade, and the Fleete therson depending; the end, To appropriate the profit of that Trade to the King of Spayne and some others that by Licence he encorpo­rates to himselfe, taking an Average of all the Plate and Merchandize that comes thence, Viz. a third or fourth of the returne for the maintenance of the Men of Warre that execute the Orders of that House, in the spoyle of those that trade thither without Licence. That in this Fleete 1637 [ fo. 27.28.] that tooke the Elizabeth; That these Goods came to Southamp­ton, not in a way of Merchandize and Commerce, but casually and by ac­cident brought in, otherwise bound for Spayne.

And for the Persons pretended owners. It is by themselves confessed upon Oath, that they are all usuall Traders to the West Iudies. In particu­lar Hieronimo Favian Loretto; That he hath used to sayle to the West-In­dies and traded for these 12 yeeres. [ fol 94.] Ignatius Landahola hath used to trade by the space of 11 yeeres, and that he hath been 7 voyages in the West Indies. [ fol. 105.] Marcus de la Rombida, That he hath tra­ded about 12 yeers, & beene in the Indies 8 severall voyages. [ fol. 107.] That in this voyage 1640 they were about two yeers before they retur­ned; That the Ships that goe forth in one yeere, returne not untill the next, whereby of necessitie it must follow; That those very persons were in the Fleete that robbed the Elizabeth, being in all the voyages for the space of 11 or 12 yeeres, and therfore most just, in all respects, that the monies in the Parliaments hands, being the proceede of these Goods should be the satisfaction of your present Petitioners the Administrators of Joseph Hawes, in the behalfe of themselves and others, the rather for that upon their first arrivall the said Ship and Goods were arrested by them by an Action out of the Admiraltie. We shall now with Brutus to the Senate of Rome, only shew our wounds, and waite the stirring opor­tunity of your healings, Our wounds yet bleeding are too apparent.

Joseph Hawes and Company by the first spoyle endammaged above 12000. l The advantage that was like to have accrued to them by that voyage is proved to be about 5000. l more.

The want of that stock for 9 yeeres in their Trades may be easily valu­ed, the parties having paid 8 per cent. themselves. The prejudice that Jo­seph Hawes had in the losse of a known faire estate; His imprisonment and death with griefe followed. The consequences of this Depredation [Page 17]in the losse his friends susteined, who were in naturall affection bound to his support, which they were the rather incouraged to doe by the hope they had of his reliefe out of Silver and Merchandize by him arrested, be­longing to the Spanyards, brought hither in an English bottom from the Summer-Islands.

The ruine of his naturall Brother Nath. Hawes, ingaged for him in di­vers great summes of money, part of which he paid, and had Execution served upon his estate for more, to his dammage above 6000. l besides losse of his Trade, which he is ready upon Oath to testifie, being the proofe the Law in this case requites.

Randall Mainwaring and Geo. Payne that married his two Sisters have likewise paid severall great summes of money for him, and rest ingaged for more.

There hath beene spent 1400. or 1500. l in pursuance of satisfaction, These dammages we humbly conceive Justice will make good, besides the sufferances of the Saylors and Passengers.

We might further move your pitty, by putting you in minde of the necessities of the said Ships company; some Widowes and Children, relicts of those deceased, wanting bread, whom the charitie of others supports.

We are therefore bold to cast our selves into the sympathizing Armes of this Common-wealth, by your Honors represented. It was the saying of the wise Solon, That that Common-wealth was only Well governed wherein every man tooke the injuries done to another as done to himselfe and to Justice.

The Lord direct the Judgement to be such, that it may be for the pub­lique good of the Nation, the vindicating the Honor thereof, the preven­ting future injuries, and manifestation of that Justice which is Gods own work, and you the faithfull dispencers.

In assured confidence whereof, we your humble Petitioners shall blesse God for you, and the happie effects of Justice and protection that flowe from these honorable Houses.