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Show ; 4 A Report, in the Hot{e of CflmmonJ,ofthe Earl oj'Salisbuiies, . --~ -- france drawn to a R.eview in spain; which IS a Favour, ofexceed ing r~re PreGdent ~Being' dire~ly, againft: t~e L!~ert_ies, .& Priviledges of s;cely. 1 hat of the Vmeyardr~ notwitbft.mdwg It ?e of that n .H ure, a s,(ifit fi1ould be true,)tendeth, to the great Otfhooour, of our Nation? ( where.of, Hold hath ?een already taken,_by the trmch Ambttffildmtr,refidmg at Conftan_tmopl~; \Yho entred~IntLl a Scandalous ~xpoftulation, with h1s ~1a;eflzes Am~ajfadour there upon thlt and the-like, Tranfportat1on~,ofMuntt1on, to the 1~rk_;) yet n~verthele!Ie,. there is ~n A_nf wer_given, by Let_ ter~ from the Ki11g.r, Ambajfadour Legu,·, In Spazn ; That the:e fball be, fome Coutfe tak~n, to give reaf?nabl~· co~1te~tment,m that Caufe, a.3 far as may be; In both wh1ch sh1ps, \to 1peak trU· ly,) the gn:atefi Mafs, oflofs,may be included: _For the reft are mean, inrefpefrofthevalue, ofthofetwoVd1c!s· Andthus much his Lordjbip speech comprehended, conc~rmng the zvro1:gs in Fa[/. · . Concerning the Wrongs, in Law;. Tha~ is _to fay_; the Rigo1tr of thesp£mijh Lawes, exten~ed upon ~Is .ll.1a;eftus sull)dfs, that traffique thither) his LordjlJl p g_a':"e thts Anfwer. That they were no new Statutes, or Fclit1s, dev1fed for our People, or o~r TuneJ ; But were the ancient Lawes, of that Kingdome: Smu cu1que Mus. And rhertfore, as Travellers,mufi: endure the Ex rrerniries, of the Climate and Temper of the Air, where they tr:1.vell : So Merch~nts, muft'bear with the Extremiries, of the Lawes, and Temper of the Eft ate) where they trade. . Whereunto his Lordjhip added; th~t our own Lawes here in England, were not exempted, from the like Complain~s, in Forrain Parts; Efpecially, ~n point, ?fMarine Caufes, & Depredations; And that fame fw!ft Alteration, of Pro'perty, which is claimed by the ./f.dmiralty, 1n cafe of Goods,. taken~ in ryrates hands. But that, we were to underfiand, ~hus much, of the King of spai11s Care, and Regard, of_cur Natto1z; That he had written, his Letters, to all corrigidors, ojjlcers of forts, and other his Miniflers; Declaring his will, and plea(ure, tD b~ve his Majeflies subjeUs, ufed, with all Freedome, and Favour: An_d . with this AdditioB, that they iliould havetnore Favour) when It m]ght be fhewed, then any other. Which words, bowfocver I the Effects pr?ve_,ar~ no~ fuddainly to be r~quited,with peremp- ' tory Refoluttons~ ull T1me·declare, the dtrect_I~ue. . For the third Part, of the M.ztter, of the Petttton; whtch was, the Remedy, fought by Letters of Mart ; His Lordjhip feemed defirou~, tomakeuscapable, ofthelnconvenience, ofthat, which • was defired, by fetting, before ns~ two notable Exceptions thereunto: The one, that the Remedy, was utterly incompetent, and vain: There other, that it was dangerous , and pernicious> to our Merchants; And, in Confequence, to the whole State: For the weak_nejje, of the Remedy; His Lordiliip, willied us., to enter into Confideration, what the Remedy was, which the Statute of Henry the fifth,~ which) was now fought> to be put in _Exe· .,.._......._____ cunon,)_ and the Earl of Northamptons Speecbe1• cution,)gave,_in this Ca~e; which was thus: That the Party rte· ved, thou I~ firfr complain, to the Keeper, of the private feal; And from him,fhould take Letters unto the Party that had mt. tted t h e Sp oy I, c R fr' . , com- 10r . e Itutton. And in defa\llt of Rell:ituti-on, to be made upon fuch Letters, ferved; Then, to obtain of the Chanc~ller, Lette~s of Mart, or ReprifoU: which Circuit of Remedy, promtfed nothmg, but end~e.lfe, and fruitlefs, Delay; In regard that ~he firfi~egree prefcnbed, was never likely to be effected: It be mg. fo wild~ a Chace, as to ferve Procelfe, upon trJe wron _ Doer, In Forram Parts. Wherefore his Lordfhip faid, that~t mu~ be, the Remedy of Statute, that mufi do good, in this cafe: whtch ufeth to prc;>ceed, by Certificats, Attefiations, and other means oflnformatton; Notdepen~ing upon a privy Sea], to be ferved upon the Party, whom happily they mutt feek oat in th Wefl-Indres. ' e For ~he Danger, ofth~ Remedy; His Lordfhip directed our Confiderattc_> ns,.to take_ notxce, of the proportions, of the Merchantr <:oo?s, In eu.her_Km$d~me ·: As that the Stock, of Goods, of the ~Ptt.mard, which Is Withtn hts Maje.fties Power and Difirelfe is a Tn~e: Whereas the Sto.ck of Englifh Goods, in spain, is a M~ffe, ofm1ghty valu~. So as,tfthis Courfe, of Letters of Mart, fhould be taken, t? fatls~e, a f~w hot Purfuitours, here; All the Goods, of the Englijh SubJects, ~n spain, lhall.qe expofed, to Seifure, and Arrefi 5 And we have httle, or nothmg, in our Hands, on this ~de, to me~d our felves upon. And thu5 much, (Mr. ,fipeak.._er,) Js. th?t, which I have colJefred, out of that excellent Speech con& cer~~ng th~ Fufi main part which was; The conjideration ~f the Petrtton as It proceeded, from the ltferchant. ' ~~ere f?Uoweth now., t~e Seco'!d P~rt; Confidering the Petttron, as 1~ was offered Jn thts Houfe. Wherein his Lordjhip. afcer an affefrxc;>mate Commemoration,. of the Gravity, Ca pacit~ and ~uty, whtch he generally found, to the I?roceedings of this Houfe, defired us, neverthe~e~e, to confider wuh him, how it was po!fi~le, that th~ Entertammg of Petitions, concerning private l~ji/Jruu, and ?f this Nature, could avoid, thefe three Inconvenienct. er. !h~ Ftrfr, oflnjuflice; TheSecond,ofDerogation, from hts MaJ~ftres fupreme, ~ndabfolute Power, of concluding Warre or Peace; And the Third, of fome prejudice, in reafod of E~ flat e. For Injnflice, it is plain, and cannot be denied, that we hear ~ut the one P ,lft: Whereas that Rule .Audi alter amP art em is not of the Formality, but of the Elfence, 'ofJuftice: Which is: there: fore figured, wtth both Eyer jhHt, and both Earer open. Becaufe fhe fiJould hear both fides, and ref peer Neither: So that if w~ fhould hap', to &ive, a righ~ Judgement, it mought be jujlNnJ., but not Jujte,_ Without heanng both Partier. For the Po tnt of Derogation; his Lordfhip faid; He knew well we were no leffe ready, · to acknowledge, then Himfelf; Tha~ F 2 the . |
