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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.


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 Jno 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.

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 Maies 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.

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 Coun­cell8 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.

Articles of the Treaty 18 Aug. 1604.


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 Sub­jects9 from henceforth are each of them to favour other and to uſe one a­nother with all kind and friendly offices.


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, 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,


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 taken10 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 re­made 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 ſe­cond12 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; as alſo foure other Ships be­longing to the Eaſt-land Company paſſing the Sound, and confiſcated both Ship and goods, without any Proceſſe in his Admiraltie, but only by Act under his owne Hand and Seale. After three ſeverall Treaties his Majeſty of Denmarke did at laſt agree in April. 1645. To reſtore ſo much on his part as exceeded the value of his Armes here confiſcated, which was alſo done by the extraordinary way of Treaty, and not by any Pro­ceſſe of Law.

THO. SKINNER. Societ. Advent. Secret.

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, and13 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 are to certifie unto all thoſe whom theſe Preſents may con­cerne, that in the yeere 1642, I Thomas Davis, Commander of the good ſhip called the Golden-Fleece of London, being in the Bay of Cadiz, it happened that certain Mariners belonging to the Port of Dover, tooke out of the ſaid Bay a certain Veſſell belonging to the kingdome of Ire­land, with the lading and Marriners therein; for which ſaid Act, appre­hending and injury to themſelves, as in reſpect the ſaid ſhip was taken be­ing under their protection, ſeized upon me the ſaid Thomas Davis, com­mitted me to priſon, and have ſince condemned me and my ſaid Ship, in certain thouſands of pounds for ſatisfaction for the ſaid Ship and Goods; although I, the ſaid Thomas Davis, had never any Conſortſhip or inter­eſt with the ſaid Dover Marriners, nor to this day know any of them, or ought proved againſt me to that effect.

Thomas Davis.

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 Cō­mands 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,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 voiolatiſquepactis 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 explaned15 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 this16 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 Depredation17 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.

Hac una reges olim ſunt fine Creati
Dicere jus populis, injuſtaquetollere facta.

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TextThe 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.
AuthorMainwaring, Randall., ; Hawes, Nathaniel., ; Payne, George., ; England and Wales. Parliament. House of Commons..
Extent Approx. 40 KB of XML-encoded text transcribed from 10 1-bit group-IV TIFF page images.
SeriesEarly English books online.
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(EEBO-TCP ; phase 2, no. A81279)

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Images scanned from microfilm: (Thomason Tracts ; 57:E355[17])

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Bibliographic informationThe 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.. [2], 17, [1] p. s.n.],[London :Printed anno 1646.. (Place of publication from Wing.) (The ship Elizabeth, owned by Joseph Hawes and Company, was captured by the Spanish fleet while on a voyage to Virginia in 1637. The petitioners, as next of kin, seek recompense from money taken from the ship St. Clare and deposited with Parliament. In addition to their petition, the pamphlet contains other documents showing the history of the case including a proclamation for encouragement of trade to Virginia.) (Annotation on Thomason copy: "7ber [i.e. September] 29 London".) (Reproduction of the original in the British Library.)
  • Elizabeth (Ship)
  • Reprisals -- Early works to 1800.
  • Great Britain -- Colonies -- America -- Commerce -- Early works to 1800.
  • Virginia -- History -- Colonial period, ca. 1600-1775 -- Early works to 1800.
  • Great Britain -- Foreign relations -- Spain -- Early works to 1800.
  • Spain -- Foreign relations -- Great Britain -- Early works to 1800.

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ImprintAnn Arbor, MI ; Oxford (UK) : 2011-12 (EEBO-TCP Phase 2).
  • DLPS A81279
  • STC Wing C939
  • STC Thomason E355_17
  • STC ESTC R4352
  • EEBO-CITATION 99872660
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