The case of the merchants concerned in the loss of the ship Virgin, (taken in May 1673. by the Spaniards in the West-Indies) as it was briefly stated and presented to his Majesty / by Sir Richard Lloyd,and Sir Thomas Exton, ; being authorized so to do by his Majesties Order in Councel of the 24th. of July 1677.

The CASE of the Merchants concerned in the loss of the Ship VIRGIN, (taken in May 1673. by the Spaniards in the West-Indies) as it was briefly stated and presented to his Majesty by Sir Richard Lloyd, and Sir Thomas Exton, being Authorized so to do by his Majesties Order in Councel of the 24^th. of July 1677.

May it please your Majesty,

IN obedience to your Majesties Order in Councel of the 24. of July, where∣in you are pleased to declare, that the Merchants, Owners and Freighters of the Ship The Virgin of London, (Edmund Cooke Master) made it appear to your Majesty by their Councel learned, That it was impossible to put in execution the Dispatches obtained from the Queen of Spain, for the Repa∣ration and Satisfaction of the Losses and Damages sustained by the violent Seizure, and unjust Condemnation of the said Ship and her Lading, and that the Government of Spain is chargable with, and ought to be Responsible for the same; and by which Order you are pleased to command us to examine all the proceedings that have been in the Case, and to Report to your Majesty whether the Methods prescribed by the Treaties between both Crowns, have been punctually observed, and how far Letters of Marque and Reprizals do lye in the Case: We do most humbly certifie your Majesty, that we find by the Depositions of four or five persons, taken in your Majesties High Court of Admiralty, that the aforesaid Ship The Virgin, of the burthen of 130 Tun, was in or about August 1672. laden with several Merchandizes in the Port of Lon∣don, on the accompt of James Littleton, and Company, English Merchants, and thence bound for Jamaica: that in September following she arrived there, and was re-laden thence on the same Accompt with Sugar, Indico, and other Merchandizes, and bound directly to the Port of London; and on the 10^th. of May 1673. was met with (about forty Leagues to the West of the Havana) by three Spanish Men of War, whereof Philip Fitz-Garald was Admiral, who boarded the said Ship, and dispossessed the Master and Company of her, and her Lading, (though the Governour of Jamaica's Let-pass was shewed to him) putting them into two Boats, with little or no Provision, to shift for themselves, so that they were exposed to great hardship, and hazard of their lives, and forced to row 360 Leagues before they could get to Jamaica.

That the said Cooke immediately upon his arrival in July 1673. acquainted Sir Thomas Linch the Governour therewith, and produced a particular of the Lading of the said Ship upon Oath, out of his Pocket-Book, being required by the said Governour to compute the value, which with the Damage, the Freight, Wages, Ammunition, Provisions, loss of Market, loss of time, and imployment of the Proceed of the Cargo, amounts to the sum of 12863 l. 8 s. 11 d. Sir Thomas Linch thereupon ordered Captain Burfield, in his Majesties Ship The Portland, to go to the Havana, to demand Restitution and Satisfaction of the Governour there: who answered, That he must go to the Crown of Spain, or England, to require it; and then went to the Court of Admiralty, and de∣manded

of the Judge of the said Court, why they had not condemned the said Ship and her Lading? some of the Court answered, That they knew not how to justifie the condemning of her, because there was then, and at the time of the Capture, a Peace betwixt both Crowns: whereto the Governour replied, Let not that trouble you, I will answer it, for I am King of this place; and thereupon commanded them to condemn her: and the said Ship and her Lading were accordingly condemned, and sold as Prize. Satisfaction being denied at the Havana, Burfield and Cooke the Master who accompanied him, returned to Jamaica.

In November 1673. Cooke came to London, and upon his humble Petition to your Majesty, you were graciously pleased on the 5^•h. of December in Councel to command my Lord Arlington, then your Majesties Principal Secretary of State, to send the Narrative presented to you by ••ooke, and to write effectually in your Majesties Name, to Sir William Godolphin your Ambassador at the Court of Spain, to represent to his most Catholick Majesty, your Majesties Resent∣ments of the Injuries done to your Subjects, and to demand Satisfaction for the same: And his Lordship was also ordered to acquaint the Spanish Ambassador residing here, with the aforesaid Complaints.

Upon a second Petition of Cooke's, your Majesty was pleased on the 27^th. of February 1673/4. to refer the matter to the Right Honourable the Lords of the Committee for Trade, and to require them to Report to your Majesty what was fit to be done for the Petitioners relief.

On the 5^th. of March 1674. their Lordships did order, that the said Cooke and Company should make out upon Oath before the Judge of your Majesties High Court of Admiralty, the manner and circumstances of the Capture, and the damages and loss sustained by reason of the Capture, and to present the same to their Lordships with all speed: which was accordingly done in due form of Law, the sum and substance whereof is above specified: Which being exhibited to your Majesty in Councel, you did by your Order of the 3^d. of July 1674. command the Petitioners to elect a fit person to present to your Majesty, to be sent by you with Letters Credential to the Court of Spain, to demand Reparation and Satisfaction for the Depredations aforesaid; declaring by the said Order, that if Satisfaction was denied, or delayed by the space of four months, you would grant them Letters of Reprizal.

Edmund Cooke the Master, was the person sent to Spain, who continued his Solicitations there by Sir William Godolphin your Majesties Ambassador, for the space of ten months, to no purpose; therefore by an Order of the 9^th. of June 1675. he is recalled home: But before he came from Madrid, and after the receipt of the aforesaid Order, the Queen gave him a Dispatch for the Havana, bearing date the 2^d. of July 1675. thereby declaring that plenary Restitution ought to be made to the said Edmund Cooke of the value of the Prize, (except the value of the Campecha-Wood) notwithstanding the confirmation of the said Sentence by the Council of the Indies, and her approbation of it by her Cedula of the 19^th. of April 1674. she thereby giving her Fifth to the Privateer, which by the Commission or Dispatch above mentioned, is decla∣red to be null and void.

On the 14^th. of July 1675. the Petitioners did again complain to your Ma∣jesty, and in their Petition did set forth the Reasons why the said Dispatch

was insignificant: whereupon your Majesty did that day order a Copy of the Petition and Dispatch to be delivered to Mr. Secretary Coventry, and that he should acquaint Don Petro de Ronquillis, Envoy Extraordinary of Spain, with the Petitioners complaints; and that your Majesty in expectation of a satisfacto∣ry Answer from the Court of Spain, had thus long forborn to do Right to your Subjects; and that if satisfaction were not forthwith given, you could no longer deny them Letters of Reprizal, to enable them to recover the same.

On the 13^th of July 1677. the Petitioners made their humble Address to your Majesty, to be heard by their Councel upon the whole matter; and on the 24^th. of July your Majesty was pleased to hear their Councel, and to make the aforesaid Order to us directed, and you did at the same time command Mr. Secretary Coventry, to write to Sir William Godolphin your Ambassador in Spain, to acquaint that Court how your Majesty is pressed in the case, and that he vigorously insist for satisfaction; and to let them know, that your Majesty hath under your consideration the granting of Letters of Reprizal, and must give effectual orders therein, if speedy Justice be not done.

Having out of the Papers and Orders that were brought to us, deduced with as much brevity as we could, the foregoing Narrative of all the proceedings that have been in this Case; It is our most humble Opinion, That (in regard your Majesty has but newly received satisfaction that the Government of Spain is Responsible for the Injuries above mentioned) it may be proper for your Majesty to command, that a Copy of this Narrative be sent to your Am∣bassador, to present to his most Catholick Majesty, that he may see the several Instances that have been made from time to time, and to order him to require Reparation and Satisfaction to be made within six months from the delivery thereof. This will put the Question out of dispute, whether the Methods pre∣scribed by the Treaties between both Crowns, have been punctually observed, and will make the demand of Justice most fully compleat; and then your Ma∣jesty may both by the Law of Nations, and the aforesaid Treaties, grant to the Complainants Letters of Reprizal, for the Recovery of their loss and damage.

All which is most humbly submitted to your Majesties Royal Wisdom,

• RICH. LLOYD.
• THO. EXTON.

Upon this Report, confirmed by his Majesty in Councel in September was three years, the King of Spain was allowed but six months time to give satis∣faction to the Petitioners, and it is now above three years since, and yet no satisfaction given them, notwithstanding the many instances and diligences his Majesties Ambassador in that Court, hath since made to that King, besides the delivery of the Report: So that there being no hopes or expectation of Justice to come from that Court in this Case, it is the humble Supplication of the Peti∣tioners, that now at length his Majesty would grant them Letters of Reprizals, to enable them to recover their losses and damages sustained by the Capture of the said Ship, it being acknowledged to have been illegal both by the late Queen Regent, and the King of Spain that now is; some of the Petitioners being utterly ruined upon this very account, and must inevitably perish in Prison, unless timely supported by his Majesties Justice and Protection.

Notes

• His Majesties Order in Coun∣cel, declaring the Govern∣ment of Spain responsible for the Injuries done his Sub∣jects, by the Capture of the Ship Virgin, ta∣ken by them in the West-Indies▪
• The manner of the Capture of the Ship Virgin.
• The Master makes out his Losses to the Governour of Jamaica, and he sends to the Havana to de∣mand satisfa∣ction, and is denied.
• Cooke the Ma∣ster makes his Address to his Majesty in Councel, and his Majesties Order there∣upon.
• His Reference to the Lords of the Committee for Trade.
• His Majesties Order on the Lords Report, if satisfaction be not given within four months, then Reprizals.
• Cooke goes to Spain with Let∣ters Creden∣tial, and soli∣cites ten months for sa∣tisfaction, but can obtain none.
• Letters of Re∣prizal again promised, if sa∣tisfaction were not forthwith given.
• The Hearing before the King and Councel, and his Maje∣sties Order thereupon.
• The Judges Opinion upon the whole Case.
• September 17.