IN obedience to your Majesties Order in Councel of the 24. of July , His Majesties Order in Councel , declaring the Government of Spain responsible for the Injuries done his Subjects , by the Capture of the Ship Virgin , taken by them in the West-Indies ▪ wherein 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 Reparation 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 London , 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 10th . of May 1673. was met with ( about forty Leagues to the West of the Havana ) by three Spanish Men of War , The manner of the Capture of the Ship Virgin . 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 , The Master makes out his Losses to the Governour of Jamaica , and he sends to the Havana to demand satisfaction , and is denied . 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 demanded 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 .

Cooke the Master makes his Address to his Majesty in Councel , and his Majesties Order thereupon . In November 1673. Cooke came to London , and upon his humble Petition to your Majesty , you were graciously pleased on the 5th . 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 Resentments 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 .

His Reference to the Lords of the Committee for Trade . Upon a second Petition of Cooke's , your Majesty was pleased on the 27th . 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 5th . 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 , His Majesties Order on the Lords Report , if satisfaction be not given within four months , then Reprizals . the sum and substance whereof is above specified : Which being exhibited to your Majesty in Councel , you did by your Order of the 3d . 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 .

Cooke goes to Spain with Letters Credential , and solicites ten months for satisfaction , but can obtain none . 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 9th . 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 2d . 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 19th . of April 1674. she thereby giving her Fifth to the Privateer , which by the Commission or Dispatch above mentioned , is declared to be null and void .

On the 14th . of July 1675. the Petitioners did again complain to your Majesty , and in their Petition did set forth the Reasons why the said Dispatch was insignificant : Letters of Reprizal again promised , if satisfaction were not forthwith given . 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 satisfactory 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 13th of July 1677. the Petitioners made their humble Address to your Majesty , to be heard by their Councel upon the whole matter ; The Hearing before the King and Councel , and his Majesties Order thereupon . and on the 24th . 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 , The Judges Opinion upon the whole Case . 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 Ambassador , 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 prescribed by the Treaties between both Crowns , have been punctually observed , and will make the demand of Justice most fully compleat ; and then your Majesty 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 .