TO THE Right Honourable the COUNCIL of STATE, THE REMONSTRANCE OF Don Alonso de Cardenas of the Council of His Catholic Majesty, and His Ambassador in ENGLAND.  
Right Honourable,  
HAving according to the Command of my Master his said Catholic Majesty, lately presented unto your Honours, a Remonstrance on the behalf of several Spaniards his Subjects; thereby demanding speedy payment of the Sum of 50464 pounds, with the interest and damages for forbearance, due unto them from the Parliament of England, and therein desiring your ultimate Resolution.  
To which there hath as yet been no answer given according to desire.  
But instead thereof have received from your Honour's several complaints made by several English Subjects.  
Whereof, one is a complaint made by one Huet Leate of a supposed damage done to his Father and others, by the taking of the Ship Vineyard in the year 1605. to the value of 8690 pounds sterling, by three Frigates set out by Merchants of Sardinia; in which as a private man, the Conde deal Real had his share.  
And for which, as is pretended, although the Complainners had several sentences for satisfaction in the Courts of Justice in Spain; yet to this day, there hath no satisfaction been made.  
And in an Order made by the Honourable House of Parliament of the fifth of April past; there is besides the said Complaint mention made of other Complaints of like nature, made by Colonel Manwaring, Hawes and Partners, and the Adventurers of the Isle of Providence.  
Which I conceive, to be no satisfaction to my aforesaid reasonable Demands, nor aught to come at this time to obstruct the payment of the said 50464 pounds and damages, unless it be intended, that the Commerce, and Traffic between the Subjects of England, and the Subjects of the Crown of Spain, should be utterly overthrown; which I shall, as briefly as a Case of so great concernment will give me leave Remonstrate unto you.  

And first in the General.  
IT is to be observed, that the Complaints are of much antiquity, one of them being long before the last War between Spain and England; and it cannot be upon any grounds of reason imagined, that when the Peace was concluded between the Crowns, there should be a latitude left for the Subjects to be at Wars, as in case of private, Letters of Reprisal 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 Complainers, were before satisfied, or else they might have humbly Petitioned their Prince, for satisfaction to be made them before the Peace concluded.  
Besides their hath been since that time several private Letters of Reprisal granted to several the Subjects of England, for damages done by them, by the Subjects of the Crown of Spain; and for which, as was pretended by them, they could not receive satisfaction by the Justice of Spain; And had it been true, that the Complainers had received the damage pretended they might as well have had Letters of Reprisal, or might have joined with others, that were damnified in like nature, in their Letters of Reprisal.  
Besides which it is great reason, that private quarrels and differences between Crowns & their Subjects in amity should not be perpetuated to posterity: otherwise it is not possible that Peace made & concluded between them, should be kept & continued; for the private quarrels between the Subjects must in time make a general quarrel, 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 years, as from forty four years, which is the antiquity of this Complaint, and may occasion His Catholic Majesty, to look back to the pretences in the Reign of Queen Elizabeth, and higher times, to the assurance of daily and new wrongs, and perpetual differences between the Subjects of either Nation, and mutual justification of them by fore passed injuries; the instances whereof cannot be wanting, where there is a will to do wrong.  
Which I press the rather since the date of the present pretended injury, is beyond that time, which by the Custom and Law of most Christian Nations, is a time immemorial, which extends but to forty years.  
And it is great reason there should be a time prefixed for all men to prosecute their differences to a period, otherwise, 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 justify 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 knows neither parties, matter, or time to answer pretences of this nature.  
And to this purpose, I conceive the Five and twentieth 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 objections 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 sentence, 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 passed in Spain, and upon which the sentences (which the said Huet Leate pretendeth and allegeth to have obtained in his behalf, and against the Conde Real) have been given.   

But I shall state the point short, and clear upon what is confessed.  
ANd touching the particular complaint of Leate, It appeareth by his own Petition, that by the Courts of Law in Spain, Justice was done as far as was possible; for there was two sentences against the Conde Real, and the execution if it took no effect, was not the default of Justice or Law, but because the Conde deal Real was insolvent, he having no Estate (for his person could no more by the Laws of Spain be touched for debt then an Earls in England) and except Courts of Justice shall not only give judgement) but also pay the debt, I know not what more could be desired from the Crown of Spain, and the Law of that Kingdom than was performed.  
And I hope it shall be no national quarrel or crime for one of the Nobility to become insolvent, and not able to pay his debts, to whomsoever due.  
For the other cases of Col. Manwaring, and the Adventurers to the Isle of Providence, there is nothing of weight that may deserve an answer; for it appears by their Petition and allegations, that they know the parties that did the supposed injury, but it doth not appear that ever they took any legal course, either in Spain, Dunkirk, or elsewhere, against the supposed offenders, and justice was denied them.  
Now since themselves omitted to take that course, when the fact was fresh, and the parties and witnesses on both sides living, it cannot be justice to charge a stranger to answer for that he never knew, nor heard of.  
Besides it is plainly repugnant to the Articles of the Peace, which provides that no other shall be answerable for the offence than the party, or parties offending as aforesaid.  
For which reason, and because I will not trouble the business, nor your Honours with new proofs in the cases before mentioned, but take the matter as it naturally rises from their own papers, now before you, and the Parliament, and your Lordship's Orders.  
And also of the case of Manwaring, which was long handled in the Parliament, and by order of Parliament, referred to a trial in the Admiralty Court, where the said Manwaring and his Consorts had the help of civil Lawyers, and common Lawyers, and all possible favour, and yet sentence given against them, and the Spaniards given for free. Now if in the Parliament they were not found faulty, nor to be any way responsible for damages to Manwaring, and Company and afterwards absolved and acquitted by sentence at Law as others, were formerly in the said Court at the suit of Manwaring, how can any thing be now imputed to these men or their goods.  
And for Letters of mark to be granted against the persons or goods of strangers which are landed here, 
2. R. 2.1.  and have paid Custom. It is without example, and against Law; for that all strangers that come to Trade in this Kingdom, are under the safeguard and protection of the King. And though a King or State doth, or may give Letters of Reprisal against Ships or Goods, super alto mare, yet it was never seen that any such were ever granted against any goods, in any Kings or Parliaments Protection and Custody.  
Nor shall I insist upon that (although it may be very clear) that the Master employed in the Ship belonging to the Adventurers of the Isle of Providence, was Commissioned from the Adventurers, to take and spoil the Subjects of my Master, as they have done, and although they should pretend they did it beyond the line, yet it is against the 1. and 2. Article of the last Treaty.  
All which I conceive to be sufficiently satisfactory for the taking off the pretences of the complainers, were there nothing else in the case.  
But the Parliament taking notice that there was store of Plate, Cochenill, and other goods brought into South-hampton, belonging to strangers in the Ship, santa clara did, by Order dated the 26. of August, 1642. Reciting. That whereas the said Ship and Lading, being of a great value, in silver and other Commodities, was brought into the Port of Southampton, from the West Indies, without the consent of the Proprietors, and that therefore it concerned the High Court of Parliament, both in Honour and justice, to take special care that no Subjects of any foreign State might be wronged by the miscarriage of any Subjects of this Kingdom.  
It was therefore ordered by both Houses of Parliament, that the matter should be strictly examined, and that the silver and other goods should be put into safe hands, appointed in the said Order, there to remain secure to be delivered out to the true Proprietors when it should be known, unto whom the Bullion Coin and Goods did belong.  
All which did very much suit with the Gravity and Justice of so high a Court, and was much for the Honour of the English Nation.  
And hereupon being in some hopes that the Plate and Goods would have remained in specie, for the Proprietors until several Orders and Votes were made by the House of Commons, whereby first the silver amounting to thirty thousand four hundred sixty four pounds, was appointed to be coined and disposed of.  
Next, ten thousand pounds more was directed to be borrowed on the Cochenill.  
And then all the Goods were to be sold by the Candle, and secured by public Faith, unless the Proprietors and Owners, would lend 20000 l. which they did, viz. 15000 l. by the Proprietors, and 5000 l. by the Owners.  
And lastly ordered, That the said twenty Thousand pounds, together with the aforesaid Thirty Thousand four hundred sixty four pounds, should stand instead of bail for all suits and claims in the Court of Admiralty.  
I shall not mention unto your Honours, wherein these latter Orders and Votes of the House of Commons, differ from the former recited Order made by both Houses.  
But shall only take the advantage by them and the former passages to lift the case before you, out of the reach of the Complainers pretences.  
For by what hath been said before, the question is not so much, whither (in case the complainers pretences were true) they ought to be repaired out of the moneys now in the Parliaments hands.  
As whither my Master's Subjects ought not by the same rule be repaired in Spain, in case the complainers should have recovered by a legal course.  
To conclude, If the pretended injuiries had been true, it had been much for the Honour of the Parliament, to have lift the complainers to the ordinary course for their recovery, and not to have given them leave to trouble this business, in regard of the Parliaments promise and engagement, that the goods should be preserved and secured for the proprietors.  
But in case the complainers pretences should be admitted, than my Master's Subjects are tied up by the aforesaid Actions of the Parliament, from recovering the damage they have and shall sustain, and are made liable to the satisfying of the pretended damage, which I hope your Honours will not conceive just for the reasons rehearsed, and the Laws grants Articles and Privileges following.  
It is concluded and accorded, 
1. Article of the last Treaty. 2 Article  etc. there shall be a good sincere, etc. a league and peace to endure for ever, to be observed and kept as well by Land as Sea, etc.  
To prevent all misunderstanding. It is more clearly declared, that no damages and depredations shall be done unto his Catholic Majesties Subjects, as well on this side as beyond the line.  
Stranger's may come to this Kingdom and buy and sell freely, 
9 E. 3.1.  and whosoever doth them disturbance shall pay double damage.  
All Strangers may bring Gold and Silver, 
27. E. 3.4.  and shall not be unduly disturbed.  
That no Merchant Stranger, 
27. E. 3.17.  be impeached for another's trespass, or for another's Debt whereof he is not Debtor, Pledge, nor Maine-partner.  
All Strangers that come to Trade in this Kingdom, 
2. R. 2.1.  are under the safeguard and protection of the King, and who doth them disturbance shall pay double damage.  
And by the Charter granted to Merchant's strangers, called Charta mercatoria confirmed by so many Kings, and lastly by this Parliament, it is expressed, folia 31. quod ipsi aut eorum bonae seu mercimonia infra idem regnù et potestatem pro aliquo debito de quo fide jusores aut principales debitores non extiterint nec pro aliqua transgressione facta seu facienda, per aliquos quam ipses non arrestantur nec graventur.  
And by the 25. Article of the Peace, That if during this Peace any thing be attempted, or done by Subjects of either, the attemptors and such as do offend therein only, shall be punished and no other.  
And lastly, the Orders of the 26. August and 1. September 1642. whereby the Honour and Justice of Parliament, is so deeply engaged for the restoring of the said money.  
The Orders of 26. and 27. of August 1642. to bring up the Plate that so it may be kept to the use of the true owners, to be restored so soon as the Parliament shall be informed to whom the same shall belong.  
An Order of the 7. Sept. 1642. That silver be coined to the end the proprietors may have the proceed of the said Silver so soon as they shall make there right appear.  
I needed not to have set forth more to your Honours for the clearing of this present case, than the said Laws of this Kingdom, Articles of the Peace, Charta mercatoria, and the special Orders of both Houses of Parliament.  
But least the importunity of the pretenders should prevail in the seizing, or applying any of these moneys for their damages (and that by the same rule these Subjects of the King my Master, should obtain seizure upon the goods of the Subjects of this Nation in his Dominions for their satisfaction, whereby free Commerce might cease, or Trade be quite overthrown) I have been the larger in my exemplifications, that if any breach or distractions in Trade, shall succeed by the carriage of this business, it may appear to all the world, that it hath not proceeded from any thing intended by the King my Master, nor from me, nor His Subjects, nor accordingly to be imputed to him.  
Wherefore, and for what hath so plainly been Remonstrated unto you on the behalf of my Master His Catholic Majesties Subjects; I shall desire their further attendance, in making any more defence to the claims and pretence of the said Huet Leate, Col. Manwaring, Hawes and the Adventurers to the Isle of Providence may be spared.  
And according to my Commission given me from my said Master, I shall once more desire, that there may be speedy payment made of said the 50464. pounds, together with interest due for the forbearance thereof unto my Master's Subjects, Petitioning your Honours for the same, or that I may receive your positive answer, that I may return it and my Master's Subjects left to seek Justice in some other place.  
All which, I do the more earnestly press, for that it is now near two years since that the first Letters came to my hands from His said Majesty, Commanding me to use my utmost diligence in the premises.  
And in case I should not prevail to return sudden answer, that according to the great and crying necessity of His said Subjects, Justice may be done them in Spain.  
All which notwithstanding, in hopes that in some reasonable time there would be some compliance in the satisfaction of the said moneys whereby a good understanding might be preserved betwixt the two Nations.  
I have hitherto adventured, to answer with excuses built upon the many urgent occasions, that have since intervened in the affairs of England; whereby the business could not be intended by the Parliament.  
But since my Master's Commands upon me are such, that excuses will not longer be admitted; Wherefore I now again as before, earnestly desire a punctual, and sudden performance of the premises, or a positive answer; wherein I may rest from using any further diligence to your Honours concerning the Premises.  
FINIS.