The Coppye of a Lettre to the King of Spaine concerneing Iniury
offered to English merchantes by the office of Inquisicion written
by Sir Charles Cornewallis knight when hee was Ambassador in
Spaine.
Your Majestie hath shewed the sincerity of your royall heart in applying re=
medy to many inconvenyences & iniustices offered by your Ministers to
the King my Maisters Subiectes in their goodes & bodyes, and therein
hath performed not onely what belongeth to your kingly dignity, but to what
might be expected from a Prince soe zealous of Iustice & of soe good
intencion, It resteth that I now beseech yow to cast your royall eyes vpon
another extreame iniustice offered not onely to their bodyes & goodes, butt
to theire very soules, who beeing by Your Majesties agreement confirmed with
Your oath to liue within these your kingdomes free from molestacion for
matter of openion & Conscience, except in cases where they giue scandall
to others, are heere layd hould on & imprisoned by your Majesties officers of the
Inquisicion continually vpon euery light occasion of private Inquisicion of some
particulers of their owne Country, who being fugitiues out of their owne
homes
homes, and haueing, according to the nature of that sorte of people, removed
not onely their bodyes but their hearts from the soyle that breed them & from
their bretheren that were nourished with them, doe heere seeke to grace
themselues by professing & teaching the observacions of the Romaine
Church, and that not out of zeale and charity, but as plainely appeareth
by many of their accions, out of mallice & envye by the Comissioners
authorized by both your Majesties for the agreeing of the peace it was
clearely obserued, that if vpon private & particuler informacions his
Majesties vassalls heere should be questioned with for matter of Religion, it
was not possible that could exercise any commerce in those kingdomes
where they should be no one moment assured either of their goodes or
libertyes, It was therefore provided that they should in noe Wise bee
impeached, but in case of scandall, And that scandall (with your Majesties
favour) must bee vnderstood to growe out of some publique accion, not out of
private openion or single conferrence,: For if otherwise, very vaine and
invtile had ben that provision: How the word scandall is in the vsuall &
Common sence to be vnderstood, is in noe bookes more eminent then in the
diuine scriptures themselues. / Our Saviour, in regard of his publique
teacheing of the gospell & the abolition of the Law cermoniall was
said to be to both howses of Israell a stone of scandall, The synn
of Dauid, if it had onlye laid covered in his owne hearte, or ben
committed in private, should not haue ben eithe published or punished
as a scandall to the enemyes of god. / St Paule himselfe declareth that
his owne eateing of flesh offered to Idolls could not be taken for
offence, but onely his eateing before others of weake conscience, whereby
to giue them scandall, Besides consider (I humbly beseech your Majestie)
how fittly that of the Apostle, (Quis es qui iudicas alienum seruum)
may be applyed to those officers of the Inquisicion, attempting to lay handes
on the Subiectes of another Prince Your Majesties Confederate, offering none
offence to their lawes or publique preiudice to their profession, In divers
partes of your Majesties dominnions the Subiectes of my Master haue suffered this
restraite. / The Inquisitor generall lately deceased who in all his
accions shewed himselfe a most considerate minister & carefull
in regard of Your Majesties honor, of the obseruance of what yow haue
Capitulated vpon my complaint never failed to giue the remedy
that in Iustice I required, hee being nowe With god & one of my souereignes
seruantes
Subiectes
haueing ben long Without cause detayned by the Inquisitors in
Lesvon, and another of good accompte a man moderate & temperate
in all his accions lately apprehended by that office in
Hismaount
&
restrayned in their prison in Seuill, I am commaunded from his
Majestie & importuned by my Countrymen, Who all With one voyce complaine
& protest that they dare noe longer continue their commerce without
present order, for remedy of soe extreame & perillous iniustice, to beseech
your
Your Majestie that yow wilbe pleased not onely to giue present order, for the
release of those that without scandall knowne are for the present in your
prisons, Butt alsoe that in tyme to come, the true intencions of that
Article be obserued, which is, That without knowne offence or scandall the
king my Masters subiectes be not molested, The accomplishment of this
considering how much it importes your Majestie in honor, your Majestie & the Archduke
haueing in that Article, in other sorte then in all the rest couenanted
by speciall wordes that yourselues would provide, that noe case but onely
in giueing scandall to others the subiectes of my souereigne should be
troubled for their Consciences, I cannot but expect from soe Iust
& sinceere a Prince, and therefore will not trouble your Majestie with more
wordes, but offering myselfe in all thinges within my power to Your Majesties
service.
I remayne with a desire to be euer reckoned in the number of
Your Majesties humble & affectionate
servantes C: C. /
28 Iulij nouo stilo
1608.
The Coppye of a Lettre to the king of Spaine by Sir Charles Cornewallis
when he was Ambassador in Spaine /
The largenes & liberality of your Majesties Royall hand, which hath made your greatenes
& magnificence of soe much note throughout the most partes of the World
assure my selfe it is farr remoued from the thought of your princely
thought heart, to strengthen in matters of Justice that soe naturally & ne=
cessarily belongeth to your kingly office, Your Majestie hath ben pleased
to referr unto the Counstable the Duke of Infantado & to 2: of the
Regentes of your Councell of Arrogon, the vnderstanding and determining
of the extreame & barbourrus Outrage & spoyle committed by Shipps
sett out in Course under the Commission & att the charge of your Majesties
Viceroye of Sardinia & his sonne in lawe Don Luis de Calibaym
& others by their procurement. Those Lordes & others authorized by that
Commission very nobly & iustly desireing, that of the spoyle committed
there might be made entyre satisfaccion , gaue diuers monethes since
good orders in the same, But your Majesties Viceroy adding to his offence
a contempt of your Majesties Authority, hath not onely disobeyed in his owne
person, but contradicted & withstood in others the accomplishment of your
Commaundment. It seemes that god is pleased for the good of your Majesties
estate & gouerment to disvizard that man to make apparant to the
world how unfitt hee is to be trusted with a commaund of soe greate im=
portance , whose covetous & ungodly condicion is come to such a height
as hath drawne him not onely to spoyle & soe barborously to use the Subiects
of soe greate a king your confederate & thereby to hazard a breach
of Amity betweene your Majesties soe necessary for both your estates & soe
vtile to the whole comonnalty of Christendom, but alsoe to neglect
& contemne the authority of Your Majestie his owne souereigne. to whome
besides the obligacion of his naturall Allegiance he is soe
infinitely
infinitely bound for preferring & trusting him with a place of soe
greate confidence & dignity. / By this paper inclosed your Majestie will
vnderstand the manner of the proceeding of the king my Master against such
of his Subiectes as committ the lyke crymes & outrages against any of yours and
thereby conceiue what my said souereigne expecteth of your Majestie in this
and the lyke, and what I am commaunded in conformity thereof to
require, which is that there be noe proceding in soe cleare & playne a case
by way of proces or suite in law within this kingdome, as by experience is
knowne are immortall, But that according to the 6th Article of the peace
and the most Christian & iust example shewed by my souereigne, who soe
punctually & conscionably in all thinges obserueth with your Majestie yow wilbe
pleased that there be not onely an entyre & imediate satisfaccion to the partyes
But that aswell your said Viceroy & Don Luis his sonne in lawe, as all
other their partners, ayders & receiuers in that Cryme may be Criminally
proceeded against & suffer such punishment as soe enorme & vnlawfull accions
haue iustly deserued. / The perforrmance of this, considering With what
patience the King my souereigne not onely out of his Loue to your Majestie not
withstanding the dayly complaintes & importunity of the partyes & the generall
inclinacion of others his Subiectes who hould it neither agreeable With his
honor nor kingly office soe long to permitt vnsatisfied or vnpunished
soe intollerable an outrage, hath more then .3. whole yeares attended
it, I cannot but expect from soe iust & pious a Prince without further
delay or protraccon of tyme, sent the i6. of Iune nouo stilo 1608.
The Coppye of a Lettre to the king of Spaine compleaneinge of the
Insolent presumptions of .2. Irish fugitiues by Sir Charles Cornewallis
knight when he was Ambassador in Spaine
Well knoweth Your Majestie in Your royall Wisdome how necessary to kings is
the conseruacion of authority & respct to their kingly dignityes, as alsoe
that the greatest & most absoluce precept of Iustice is to doe to others what
wee would to be donne to ourselues. / How religiously & punctually the
king my Master hath obserued these vnto Your Majestie hath appeared by many
demonstracions, and not the least in the denyall hee made to Anthony de
Pereze to abyde in his kingdome or to haue accesse to his person onely With a con=
ceipte he had that hee came With a mynde determyned to disauthorize your
Majestie in Your speeches, or to make offer of some practise against your estates
in his Overtures, / Your Majesties owne Royall & gratefull inclynacon I
know to be such as Yow are not Withot desire to pay me soueraigne with the
lyke & equivolent retribucion, But With your Majesties pardon & favour, duty
enforceth me plainely to tell yow that your ministers of those your kingdomes
shew not the lyke affeccon, where not one but many my souerignes worst
affected Subiectes are dayly Receiued Chirrished & honored with enter=
taynement in your seruice: were that sorte of people contented onely to
abuse
abuse Your Majesties Kingly munificence & Christian Charity & to deceiue Your
ministers with their falsefied Benealogias, and with putting the Don vpon
many whose Fathers & Ancesstors were soe base & beggarly as they never
arrived to be owners of soe much as convenyent apparrell to cover their
nakednes, it were much more tollerable, but haueing heere tasted
the warmth of Your Majesties liberall & pious hand they became fur=
nisht in such ample & aboundant manner, as their poore & miserable
ancestors never durst so much as dreame of for them, lyke Esops ser=
pent they turne their venomous stinges towardes the bosome that
gaue them heate & life and endevor with all the force & art they haue
to giue cause of distaste & by consequence diuision betwene Your Majestie
& Your faithfullest & most powerfull confederate, an uneven payment
for Your Majesties soe greate & gracious favour. With generalityes for the
present I will not deale, as hee whose cares & desires haue ever ben
to soften & not to sharpen Two Iresh men in Your Courte, the one a
sonne (as by his owne Countrymen is generally reported) either to a va=
gabonding rymer, a generacion of people in that country of the worst ac=
compt, ot to giue him his best tytle, of a poore mechanicall Surgeon,
The other discended rather of more base & beggarly parentes, neg=
lecting what by the lawes of god they owe to their souereigne, & as litle regarding
their obligacion to your Majestie who from the dust of the earth & miserable estate
hath made them what they are, notwithstanding that they cannot be ig=
norant of the straite charge & commaundment Your Majestie hath giuen of all
due respect to be had to the king my Master & his mynisters & subiectes. The
First in irreverend & irrispectiue behauiour towardes my selfe & some
of myne, The other the obstinate defending of his companions vnman=
nerlynes deliuering by way of direct assaueration that I am an heretick
& such a one as to whome it is not lawfull, vnder paine of deadly synn to
vse any curtesye or reuerence Whatsoeuer, haue of late soe miscarryed
themselues, as I hould it not agreeable either With what I owe vnto the
king I serue, or the honor I haue to represent his person, to passe ouer with silence
but to represent it instantly vnto Your Majestie. / The names of the partyes are
Magg ogg. a sollicitor (as heere is said) for the fugitiue Earle of Tyrone
condemned by the veredict of his owne Countrymen, desides his dilict
of Treason of .18. seuerall murders, / The other names himselfe Goudio
Manricio, and is heere (as I enformed allowed for a Blank for
vagabonding Countrymen, hath putt on the habbit of a Preist & hath of Your
Majestie 30. Crownes a Moneth in pencion, The partyes & their offences I haue
made knowne vnto Your Secretary of estate, & I cannot doubte but Your Majestie in
Conformity of what the king my Master hath by soe many argumentes demonstrated
towardes Your Majestie & Your ministers, will commaund such exemplary punishment
to be made of them, as a behauior soe indecent, a slander & reproch soe in=
tollerable, & an openion soe desperate & daingerous & to contrary to what Your
Majestie & all those of Your Councell, nobility & Clergie doe practise, doth
worthily merritt. /
February 1608 /
The Coppye of a Lettre written by Sir Charles Cornewallis knight when he was
Ambassador in Spaine expostulateing the oppressions & iniuryes donne
to the king of Englandes Subiectes & delayes in giueing Iustice in
remedy of them. /
Your Majestie to whome god hath giuen soe large an Empire & soe much exceeding that
of other Princes, and whome hee hath blessed with soe greate an inclinacion to piety
Clemency & other Porcions becomeing your royall dignity & person, will I knowe
hould it evell beseemeing soe raare a greatenes to come behinde any king
how pious & vertuous soeuer either in the obseruance of the lawes of mutuall
Charity & frenidship or in love & zeale of Iustice, which to all kingdomes and
governements giue the assuredest foundacion, and in defect whereof by the
spiritt of god himselfe kingdomes are saide to be translated from one
nation to another. / The First king that god gaue vnto his people hee elected of
higher stature then the rest by the shoulders vpwardes, signifieing thereby not onely
how much kinges are to striue to exceed others & excell in height & measure
of vertue & Iustice, but how fitt it is alsoe for them to ouerlooke with their au=
thorityes & providences the highest heads of their ministers, & to obserue
how they guide themselues in the administracion of their gouernement: By the
Contentes in this paper inclosed, Your Majestie shall perceiue the Christian & kingly
care that the king my Master hath had, not onely of the observances of the Articles of peace
since the same, betwene Your Majesties were concluded, but of the punctuall accomplishment
of the true lawes of amity & freindship which are more surely & expressiuely im=
printed in royall & noble heartes then possibly they can be written or charactered
by any pen or paper, In Your Majesties Kingdomes (pardon me I humbly beseech yow if
I speake playnely) much contrary to that example, the king my Masters subiectes
suffer all manner of spoyles, oppressions & Iniuryes, and are (as well I may
tearme them) made a very prey to the hungrye & gredy, your viceroyes & others
enter their shipps vnder cullour of peace & Iustice, findeing them rich they
they lay crymes to their charge, whereof though there appeare neither
proofe nor probability), yet serue their pretences to possesse them of their goods
& to putt the poore merchantes to a demaund in lawe, wherein were truth alone
the ballance they should be weighed by (though that forme of redresse were
farr short of the imediate remedy provided by the king my souereigne for your Majesties
subiectes yet were it much more allowable & to be endured, but here haueing
complayned .2. whole yeares without any course att all taken for redresse, as
in the Cause of the Duke Feria .3. entyre yeares, as in that with the viceroy
at Cordyua one yeare & more, as in that of his Majesties servant Thibaut taken
& spoyled by Your Majesties generall Don Lois. iniured 8 moneths, as in that
of Elsey & Bespick imprisoned & bereaved of their goodes by Ivan
Devedogo Alcald of Motrill, we are after soe long tyme spent in
misery & charge Countervaileinge a greate parte of the value of the goodes
taken from vs, enforceced still to all extremityes & punctualityes of formes
of Lawe & to abide the vttermost perill of all advantages, that by the invencions
wittes & tongues of Lawyers can be diuised to obscure & preiudice the light &
right of truth. / The false Coullors giuen by euery of these and
the
the barborous crueltyes vsed to the partyes would require too long & tedious
a declaracon, It satisfieth that none of these pretences are proved, (nay
which is more) they are soe false & fabulous, as to noe indifferent under=
standing they appeare soe much as probable. / My humble desire is your Majestie
would be pleased to passe your owne royall eyes vpon this paper, and their=
fore to affect all possible brivity, I passe vnto Your Majestie other infirior mini
ministers of your partes, of which few there are (those in Biscay & some in
Portugall onely excepted) where wee haue not diuers oppressions, Im=
prisonmentes & vniust imbarquementes, in Ciuill especially, whereof .40.
seuerall suits & as many false sencences giuen, raised & pursued by a man
nowe dead & therefore in Charity left unnamed, we haue hitherto in your
Majesties Councell of warr, where before those noble Lordes passeth by the
equall lyne of Iustice, not foiled to my remembrance in the ouerthrowing of
any, some one mistaken that passed in a wrong name, & another concerneing mer=
chandize that had their manufacture in Embden, (whereof I suppose those
Lords were not rightly enformed) onely excepted, In this Course I must
acknowledge wee haue had redresse, but yet (with your Majesties favour) a mise=
rable one, our gaine being whether wee shalbe owners of our owne or nott
our expences & charges certeine & the tyme without measure large, whereby
many haue ben vndon, some dead in prison in England, for want of what was
vniustly detayned from them heere, yet neither the false Iudges in Civill nor
promoters euer chastised, or (for anything I haue yet vnderstood) soe much as
euer apprehended or found fault with, I hast to conclusion feareing I might dwell
too long in a matter soe vnsavory & vnpleasant to Your Majesties pittyfull eares and
Christian hearte, soe much (of itselfe) disposed to all piety & clemency, /
I will for the next resort to the Shipps, Cordage, Corne & other victualls
& prouisions taken from the king my souereignes Subiectes for Your Majesties owne
services & releife of the extreame necessity in Your Gallyes & garrisons of the
Navye, of whome some haue ben enforced for want of payment of their monyes to
send their shipps home vnfraughted, a losse extreame to Your Merchantes that liue
by trade & tyme to repaire to this Courte, & here remayne some of them .14. Monethes
& others .2. yeares & more till their very charges had eaten out a greate parte of
what was due vnto them, & in the end recouer onely their owne without any releife or
recompence, either for their expences, tyme lost, or damages, I will onely instance
2. because their causes are most strounge & pittyfull & yet vnsatisfied, The
one named Thomas Henrison & the other Richard Morris, The First serued Your Majestie
with his Shipp till the same with one of his sonnes & all his men were swallowed
by the Sea & hath ben heere more then .4. yeares sueing for his recompence
& saliary recommended by the king my Souereigne by Lettres from Your Majesties Ambassadors
in England & by myselfe all that long tyme furthered with my earnest solicitacion
which hath begott infinite promisses, but to this day noe manner of payment or performe=
ance. / Thother whoe some tyme hath ben a man of wealth & reputacion and
falling into greate pouerty, serued Your Majestie with all that in the world he was
worth, & all that not in value above 6000 ryalls (I blush I protest to thinke
of it) & my hearte is greuied to mencion it to soe greate a king of whose
liberality
liberality & magnificens the world taketh soe much notice, his right & his
necessity being soe well knowne vnto your officers, he hath ben more then 3. yeares
& a halfe fedd with hopes & putt of with Cedulos & sending from one port to another
for the receipte of his monye till hee hath indebted himselfe the most parte of the
summe, & att present wanteth wherewith both to feed & cover him, Now att last hee
is promissed payment heere out of your royall Chestes, but after soe many ceremonies
& Circumstances to be performed with your officers in other partes, as (god knowes)
hunger may end the poore man, before they begin to satisfie him, / By all
this will plainely appeare vnto Your Majestie that Your Subiectes are by the favour &
Christian Iustice of the King my Master entered into the new testament & lawe of
grace, haueing restitucion & remedy without the delayes of Ceremony & formality &
wee still remayne under the olde & tyde in all thinges to the handwriteing of
the Lawe, to the burdenous circumstances & intollerable delatory formalityes
of proceeding in this Your Kingdome, and what ells Your vnpittyfull ministers
will, (out of vncharitable & vnsensible myndes of other mens harmes), charge
& impose vpon them. / Well doth Your Majestie conceiue, that would the king
my Master winke att the lyke courses to be taken by his subiectes & ministers, with
such of yours as they might meete vpon the seas, The English are not of soe
litle Invencion, but that they could deuise as good Coullor & pretences, nor are
their Lawyers of soe small skill & soe much Conscience, but they could forme
& protract suites, nor the shipps of England soe weakened & lessened
but they could soone equall & surmont their losses. / I haue out of myne
owne humble affeccon to Your Majestie out of my generall & euer continueing
desire to hold firme the amity soe necessary for your owne states &
releife for the whole commonwealth of Christendome, and out of
the force of Duty I owe to my king & Country, thus farr adventured
my selfe to vnburden my soule & thoughtes not doubteing but Your
Majesties magnaminiois & Christian hearte wilbe moved aswell in
desire to equall the pious & imitable example of the king my Master
as in a Iust compassion of a Nation new confederate with yow and
that soe gladly would enterteine any cause to loue and serue
yow to giue a present remedy to those wofull & intollerable op=
pressions. And that sithence yow haue firmed & consented by the
your articles of peace to new orders, (which being confirmed by
your oath stand now in force of lawes) yow would be pleased in
lyke manner to giue them a new forme of indilatory exe=
cucion Conformeable to that of the king my Soveraigne. /
finis.
Finis /