And first in the Generall.
JT is to be observed, that the Complaints are of much antiquity, one of them being long before the last War be∣tween Spaine and England; and it cannot be upon any grounds of reason imagin'd, that when the Peace was con∣cluded between the Crownes, there should be a latitude left for the Subjects to be at Wars, as in case of private, Letters of Reprizall granted to private men, for the making of themselves good upon the Subjects of that Prince which did wrong.
But it must be reasonably concluded, that eiher the Com∣plainers, Page 3were before satisfied, or else they might have hum∣bly Petitioned their Prince, for satisfaction to be made them before the Peace concluded.
Besides their hath been since that time severall private Letters of Reprizall granted to severall the Subjects of England, for dammages done by them, by the Subjects of the Crown of Spaine; and for which, as was pretended by them, they could not receive satisfaction by the Justice of Spaine; And had it been true, that the Complainers had received the dammage pretended they might as well have had Letters of Reprizall, or might have joyned with others, that were damnified in like nature, in their Letters of Reprizall.
Besides which it is great reason, that private quarrells and differences between Crowns & their Subjects in ami∣ty should not be perpetuated to posterity: otherwise it is not possible that Peace made & concluded between them, should be kept & continued; for the private quarrells be∣tween the Subjects must in time make a generall quarrell, between the Nations; and Complaints of this nature, may by the same reason be grounded on injuries done by the Subjects of either Nation, as well twice or thrice forty yeares, as from forty foure yeares, which is the antiquity of this Complaint, and may occasion His Catholicke Ma∣jesty, to look back to the pretences in the Raigne of Queene Elizabeth, and higher times, to the assurance of daily and new wrongs, and perpetuall differences between the Subjects of either Nation, and mutuall justification of them by fore passed injuries; the instances whereof can∣not be wanting, where there is a will to do wrong.
Which I presse the rather since the date of the present pretended injury, is beyond that time, which by the Custome and Law of most Christian Nations, is a time immemoriall, which extends but to forty years.
Page 4 And it is great reason there should be a time prefixed for all men to prosecute their differences to a period, o∣therwise, no man can call himself Master of an Estate, since it is impossible for men in all times to have their witnesses and papers ready to justifie themselves.
Which reason holds strongly in the case before you, for what an impossibility is it for the stranger who was not privy to the wrong done, and knowes neither par∣ties, matter, or time to answer pretences of this na∣ture.
And to this purpose, I conceive the Five and twen∣tieth Article of the peace concluded between the Crowns was drawn; wherein it is provided in these words, that if any thing shall be attempted or done by the Subjects of either, the attempters, and such as do offend therein only shall be punished, and none other.
I shall not trouble your Honours with the many ob∣jections of weight that might be made to the papers of the said Huet Leate, delivered in to your Honours: there being many passages therein which were after sen∣tence, and are only allegations exparte, which if material, could not in justice be taken into consideration without a new and full examination of both sides, and a review of the whole process which past in Spain, and upon which the sentences (which the said Huet Leate preten∣deth and alledgeth to have obtained in his behalf, and against the Conde Real) have been given.
