TO The most Honorable THE Council of State, The humble Petition of Captain William Jackett, and his Partners.
THat whereas the humble Petitioners were in the year 1648 (since this Sate was reduced into a Commonwealth) most unjustly and inhumanely dealt withal by the King of Spain, and his Officers; and especially, by the most disloyal proceedings of Don Francisco Baracall de Campo, who, contrarie to the Laws of Nations, deprived them of the value of threescore thousand pound sterling, as it is more at large expressed in the annexed Relation.
Moreover, whereas the truth of their Case is evidently apparant by authentick proofs, under the Signatures of Spanish Notaries, the which your humble Petitioners have to produce; and that they cannot obtain any justice at all: for that their Ships and Specialties have been disposed of to the said King's use, whereby their Case is rendered most desperate: Besides, the barbarous imprisonments which they suffered, and where they might have perished, had they not by providence made an escape.
So it is, that your humble Petitioner having found a way whereby this Commonwealth may right them, by such [Page 2] means as are most consonant to this Commonwealth's equitie and power; on such just presidents as were made use of in Queen Elisabeth's time, and the same which are to this day practised by the Spaniards themselvs, the French, Danes, and Hollanders, viz. by this Commonwealth's allotting unto your humble Petitioner a satisfaction out of such effects as are in this Commonwealths possession, and the which do belong unto the Spaniards.
Now, whereas this State is at present possessed of such monies and effects, as appertain unto divers Spanish Inhabitants of those parts of the Indies, where your humble Petitioners sustained their said losses: The which monies and effects were brought up hither by one Captain Stafford, Commander of the Ship Sancta Clara from St Domingo;
Your humble Petitioners therefore crave, That the monies at present claimed by the Spanish Embassador, and other his Master's subjects, may by your Honor's order be applied to the Petitioner's re-imbursment; And that the King of Spain may bee left to give satisfaction unto his Subjects with your Petitioner's monies and effects, so unjustly taken and detained from them, on a pretended occasion, without any example.
The State of Captain William Jackett's, and his Partner's Case.
ANno 1647. Will. Jackett Commander of the May-flower, a Ship of 400 Tuns and 30 pieces of Ordnance, together with the Peter of 100 Tuns and ten pieces of Ordnance (being laden with several marchandize) set sail from London the 16th of June, and arrived in Guiny in the Month of September following, where the said Captain Jackett bought 460 Negro's or Blacks, intending to sell them where hee best might: But touching at the Barbado's, hee there met with one Don Lewis de Chaves, a Subject of the King of Spain, unto whom the said King of Spain had granted a free Licence for to freight any Ship of what Nation soëver, that was in peace with the Crown of Spain, for to transport Negro's into the Indies; whereupon Captain Jackett made an agreement with the said Don Lewis de Chaves to go with him into the Indies; and by the said agreement, the said Don Lewis de Chaves was bound to enter the said Captain Jackett's Negro's in the said Licence with his own, which accordingly was don: And on the 25 of March, they arrived in the West-Indies, where beeing com to an anchor, were permitted to com on shoar, where they met the Governour and the rest of the King of Spain's Officers of that place, unto whom Don Lewis presented his Licence, the which when as the said Governor Francisco Baracall de Campo Captain-General of the Province of Catilonia, and Governor of Barsilonia in the Indies had perused, hee accepted [Page 4] thereof as a thing legal and valid, demanding of Cap. Jackett what Countriman, and whence hee was; who made answer, That hee was an Englishman, Inhabitant of London, and that hee came thither freighted by Don Lewis de Chaves, to Trade there by virtue of that Licence the King of Spain had granted unto Don Lewis de Chaves; on the which, if so bee hee could bee received and admitted, to Trade with them hee would: but if the contrary, hee would presently bee gone his waies.
Unto which declaration of Capt. Jackett's the Governor replied, That Don Lewis his Licence should bee considered of the next day in their Council, and if as then they found it legal or valid (as hee supposed the same to bee) they would give him their positive answer whether or no hee might bee received, and permitted to Trade.
According whereunto the chief Officers of the said Council, together with the Maior of the said Town, did the next day (by the Governor's order) com and visit or search the said Cap. Jackett's Ships, telling him that hee might on the above-said Licence (which they had found to bee verie good and true) freely Trade amongst them; whereupon they took a Register of what Negro's and goods the said Cap. Jackett had aboard his two Ships, to the end, that such Custom, as belonged to the King of Spain in those parts, might bee paid; the which the said Capt. Jackett immediately paid.
Moreover, the said assurance thus given in the King's name to Trade freely there, and the Custom paid, the said Cap. Jackett proceeded to cut Brasielleto wood, and to buy Hides and Tobacco, and such other Commodities as the Countrie afforded, and were requisite to lade his Ships withal, continuing thus in his said trafficking for [Page 5] the space of near nine months; at the exspiration whereof, the aforesaid Governor conceiving that the said Captain Jackett might bee ready to set sail, hee as then corrupted his Chirurgion, and about fortie more of his men; with whom hee made a Covenant to betray into his hands the said Captain Jackett's person, and chief Officers, together with his ships, and lading, for such a summe of monie as hee had contracted for, and obliged himself to give them, the which they received; and accordingly delivered up the said Captain Jackett, his ship, and goods, amounting to the value of three-score thousand pound sterling, into the said Governor's hand, notwithstanding their former and formal declaration, and free admittance of Trade in those parts, by virtue of the afore-mentioned Don Lewis his Licence, contrarie to the which, hee had not acted any thing.
Finally, by this unjust proceeding in the said Governor, both the said Captain Jackett, and his said Partners were undon, after the said Captain Jackett had in his own person suffered many extremities, during his detention in prison, where hee had perished, had hee not by Providence been assisted to make an escape.
All which appeareth by the Spaniards own papers, autorized by their own publick Notaries.
An Abbreviate of such Arguments as the STATE may bee pleased to make use of, in the behalf of the aforesaid Captain William Jackett, and his Partner's Plea.
IN the first place, That the wrongs which the Spaniards have don unto Captain William Jackett were during this Parlament's Assembling; and that the said Don Francisco de Baracall de Campo did corrupt the said Captain Jackett his men, for to deliver up unto him the said Captain's ships, and goods, out of a spleen to the Parlament, declaring to the Governor, that the said Captain was sent as a spie, to see their Countrie, that hee might the better com with a Fleet by the Parlament's order to take their Countrie from them: on which report the Captain was ordered to be hanged in the market place, but on better consideration, after they had heard him speak, was onely sent prisoner to Spain.
In regard whereof the said Captain his ships and goods were converted to the King of Spain's use:
Whereby the said Captain Jackett his Case differ's from all others, who before that time were wronged by the Spaniards.
Secondly, that all other Captains, or Sea-faring men, who past the Line, went thither on their own perils, [Page 7] which was not so with Captain Jackett, for that hee was freighted by Don Lewis de Chaves, a subject to the King of Spain, whose Licence was also acknowledged by the said King's Governors in the Indies: Whereupon the said Captain paied him in the Customs as then due.
Thirdly, that the King of Spain hath on several occasions, seized on strangers goods, on unjust pretences, even in his own Ports, as also the French, the Danes, and others have don:
In somuch that the said Captain Jackett his Case differing from all other, doth the more argue (for that it is impossible for him and his Partners to obtein satisfaction from the King of Spain, far less from the said Francisco Baracall de Campo, who is a Governor in the Indies) that therefore this State cannot resolv upon a piece of Justice more consonant to their own honor, and the merit of the Case, then to right the said Captain Jackett, and his Partners, by allotting them right and satisfaction out of the monies which are at present claimed by the Spanish Embassadors, in the behalf of his Masters, and his Subjects.