CHARLES REX.

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No. VIII.

Charles the Second by the grace of God, of Great Britain, France, and

Ireland, King, Defender of the Faith, &c.

To the most illustrious and most high Prince, the Lord Nicholas Cottoner,

Grand Master of the Order of Malta, our well-beloved cousin and

friend--Greeting:

Most illustrious and most high Prince, our well-beloved cousin and friend.

Some years have elapsed since we first addressed letters to your highness

concerning certain goods and merchandise, to the value of 4500 pieces of

eight, which had been unjustly seized by some of the ships which it is

customary to despatch annually from your highness' island to cruise against

the Turks in the neighbourhood of Cyprus, from our subject Roger Fowke, a

person for many reasons by us well beloved, and our consul in the island of

Cyprus; and also concerning the sentence which, after many delays and much

trouble, had been at last unjustly given in favour of your people.

Farther complaints have, however, been received from our subject, stating

that our letters have had little effect with your highness, and that he,

already wearied with long expectation, has not had anything restored, that

his expenses are increasing to a great amount, and that little or no hope

remains of reparation for his loss.

Painful, indeed, was it to us to hear our subject relate such injustice on

the part of the Knights of Malta; we, however, thought is right to make it

clearly appear that nothing has remained untried to bring back to more sane

counsels the generous minds of the Maltese; and therefore, under the advice

of our Privy Council, we deemed proper to refer, without loss of time, the

complaint of our subject, together with the letters which we formerly

addressed to your highness, and those which your highness latterly wrote to

us, to our advocate in our High Court of Admiralty, Sir Robert Wyseman,

Knight; who, having well considered the whole, has expressed his opinion in

the following terms:

"I have read and seriously pondered the petition of Roger Fowke,

transmitted to me by your {264} Majesty's special mandate; as also the

letters written by your Majesty to the Grand Master of the Order of

Malta in favour of the above-mentioned, and those from the said Grand

Master in reply; and it is evident to me, after mature examination,

that your Majesty has done so much, and that it is proved that the

sentence of the Maltese Tribunal against the said Roger Fowke was

pronounced contrary to right and justice (as is clearly shown in the

letters written by your Majesty to the Grand Master); that therefore it

appears to be incumbent on me only to set forth to your Majesty, and to

the Lords of the Privy Council, whether it be my opinion that

sufficient satisfaction has been given by the Grand Master's letters to

your Majesty, who by the above-cited letters demand restitution; and if

not, whether in consequence it be lawful to your Majesty to grant the

so-called letters of reprisal, on which subject I beg humbly to submit

to your Majesty, and to the singular prudence and judgment of the

above-mentioned Lords, this my opinion; that is to say, that the

answers of the Grand Master are so far from being in any way

satisfactory, that from them it may be easily perceived that the

above-mentioned Grand Master, although he does not deny in express

terms reparation for his loss to the above Roger, nevertheless does not

decree anything certain on this head; from which your Majesty may

reasonably conclude that the said reparation was refused. Nor does it

tend to his defence that he asserts that all that was done by his

tribunal was done by solemn sentence, that the judges were men of great

reputation, and that it is to be believed that the reasons produced by

both sides were justly considered; for judicial authority is not of the

same value as regards foreigners and subjects. It is not lawful for

subjects to demand a re-examination of the sentence pronounced by their

superiors, although to foreign princes it entirely appertains to make

such demand, in cases interesting themselves or their subjects;

otherwise, if all given sentences were considered as freeing nations

from reprisals, such decrees might perhaps be obtained in any case,

even though manifestly unjust; and consequently it is by all agreed to

be a just cause for reprisals, not only when justice is not rendered,

but also when in any case, not of a doubtful nature, judgment may have

been given against right; although certainly, in cases of a doubtful

nature, the presumption would be in favour of those who may have been

elected as public judges. Had the Grand Master indicated to your

Majesty that the said Roger Fowke might have preferred an appeal

against the sentence pronounced against him to a superior tribunal, and

that by the negligence of the said Roger the first sentence had become

affirmed, in that case the remedy demanded by your Majesty would have

been untenable; but the said Grand Master makes no mention of such

appeal: I am therefore of opinion that nothing in the law of nations

could militate against the lawfulness of your Majesty's granting

letters of reprisal in the manner demanded.

(Signed) ROBERT WYSEMAN."

Without doubt the law of nations would warrant our extorting from the hands

of your highness' subjects, by issuing letters of reprisal, that which we

have not been able to obtain after so many years by means of the letters

written in favour of our beloved subject and friend; and the deplorable

state of the said Roger requires that we should now exact by our own

authority that which we have in vain sought to obtain by means of simple

communications. But taking into serious consideration the lamentable

present state of Christianity, and the daily augmentation of the large

empire of our common enemy, and how distinguished has been the valour of

the Maltese knights, always constantly exposing themselves as a bulwark to

so pertinacious an enemy, it would be very painful to us to be compelled to

have recourse to reprisals, or to any such severe mode of proceeding, for

the reparation of the loss. The glory also of the Christian name, so often

valiantly defended, has caused us willingly to believe that we must not yet

despair of obtaining from your highness' authority that reparation for his

loss which our subject hopes to obtain by reprisal, and therefore, putting

aside the remedy of right, and our Privy Council persuading us to milder

measures, we have thought proper by this letter to seriously request your

highness, by that justice which is the duty of princes, and of the

defenders of Christianity, to deign to procure without delay to our

trustworthy subject, who has suffered so great an injustice from the

Maltese Tribunal, and who is exhausted by the delays of so many years, full

compensation for all his losses, including also the amount of his expenses;

so that we may never have cause to regret that we, putting aside the law of

nations, have till now abstained from reprisal, and so that henceforth the

world may eulogise the Maltese as not being less just than valiant.

We have only now to recommend your highness and all your Knights to the

most good and most great God.

Given in our Palace of Whitehall on the 29th day of April, of the year of

Human Redemption 1668, and of our reign the twentieth.

Your Highness'

Good Cousin and Friend,

CHARLES REX.

Raphael Cottoner, to whom the last letter was addressed, ascended the

Maltese throne in October, 1663, on the decease of his brother Raphael.

{265} All historians agree in stating that he was a man of a noble

carriage, high and honourable character, and withal a clever diplomatist.

He died in March, 1680, after a happy and glorious rule, in the

seventy-third year of his age, and seventeenth of his reign. The following

letter written by him may be of sufficient interest to excuse its length.

Its perusal will show the great respect which was paid by the Order of St.

John to an English monarch, and the "incorruptible" manner in which justice

was administered at this island nearly two centuries ago.

To the King of Great Britain.

Most serene and invincible King:

A short time since John Ansely, the attorney of Roger Fowke, delivered to

us your most serene Majesty's gracious letters, in reply to mine regarding

the affair of the said Roger; from which, not without great disturbance of

mind, I perceived how incorrectly what had taken place had been reported to

your Majesty. But my grief was in some measure assuaged by your Majesty's

continued benignant protection of this my Order; through which it came to

pass that it was determined to abstain from granting the letters of

reprisal which it was the opinion of your Majesty's advocate in the High

Court of Admiralty, inserted in the above-mentioned Royal Letters, might

have been granted to the aforenamed Roger, for which I truly return your

Majesty my most sincere and humble thanks. The above Roger still claims of

right the sum of 4,500 pieces of eight, which he asserts had been formerly

seized by some armed ships of this island; from which sum, together with

the expenses incurred, or to be incurred, he forms another greater sum of

about 24,500, which he also claims.

But as it would sufficiently appear from your Majesty's letter, which

contains the above-mentioned opinion of the said advocate, and also from

the verbal report made to me by the said John Ansely, that your Majesty

felt persuaded that the said Roger had both lost his cause before the Judge

of the Prize Court, and subsequently been denied an appeal to the Supreme

Court, and, lastly, that his attorney had been treated with violence,

rather than under any order of right, I, to confess the truth, being much

mortified, cannot but endeavour, with all due respect in my power, to

demonstrate the real state of the case to your Majesty; and hope, by a more

faithful narrative of all that occurred, to convince your Majesty of that

equal distribution of justice which in this place is constantly observed,

both to the inhabitants and foreigners, with incorruptible honesty.

Before, however, beginning to explain the affair from its commencement, it

behoves me to inform your Majesty, that not only subjects of Christian

Princes, but Greeks and Armenians, and other persons subject to the rule of

the Turks, the bitterest enemies of this Order, are continually coming to

these islands for the purpose of instituting or continuing suits at law

against the captains of our ships and other inhabitants, yet we have never

heard from them that justice is either denied or refused. I therefore

humbly beseech your Majesty to consider, and with benignant mind to

reflect, what faith ought to be given to those who have dared to affirm

that any contrary course had been pursued or tolerated by me against the

said Roger; and the more so, as it has been the constant wish of my Order

to deserve well of your Majesty's subjects, and to take particular care of

all foreigners. This we trust will be sufficiently shown from the fact of

our always having employed one of the principal lawyers to undertake the

defence of foreigners; not indeed altogether gratuitously, but under such

laws and restrictions that he must remit to them the third part of the

usual stipend which it is customary to receive from the inhabitants, and

even my knights. From which it may be concluded how well and how honourably

foreigners are treated here, and how unlikely it is that justice should be

denied to any of those who it is proved are favoured with such grace and

love.

But to return to the affair in question, I humbly submit to your Majesty,

that in the year of our salvation 1661, John, called De St. Amand, acting

as attorney in the name of the above-mentioned Roger, appeared before the

aforesaid judge of the Prize Court, demanding the restitution of different

kinds of merchandise, which he asserted had been seized by certain captains

of ships; but it not appearing to the said judge that he had produced

convincing proofs of the fact, they were declared inadequate, and not

sufficiently legal. From this decision the said attorney, as is usual in

such controversies, appealed, on the 10th of July, 1662, to the Supreme

Court of Audience in council, at which I, together with the Chief Grand

Crosses of my Order, assist; but he afterwards of his own accord neglected

to follow up said appeal.

Subsequently, in the year 1665, there appeared another attorney of the said

Roger furnished with letters from your most serene Majesty, to whom I

immediately explained that I had no right to order the actual restitution

of the money demanded; but that if he would act according to law, and seek

it by a judgment, I promised to give my co-operation, which I undoubtedly

would have done; so that he might have been permitted by the said Court of

Audience to recommence the suit, although it had been in a former instance

deserted. But the attorney having replied that he was not furnished with

this authority, left the island of his own free will and accord.

From that time no other person has appeared, except the above-mentioned

John Ansely, who {266} recently delivered to me your Majesty's

above-mentioned letter; which I having thought proper to communicate to my

Council, I procured that the venerable brethren Henry de Estampes Valancay,

the Grand Prior of Campania, and Don Gregory Caraffa, Prior of Rocella,

should be deputed commissioners to examine this case. And they having heard

what the said Ansely had to say, offered to him in any name, and in that of

all my Order, an opportunity to make an appeal which had been deserted; but

the said Ansely, for want of proper authority as he stated, did not accept

the proposition.

Such being the case, I reverently submit to your most serene Majesty the

following arguments, to which I earnestly entreat your Majesty to apply

your Royal attention, and your Majesty's accustomed serenity and clemency.

In the first place, it is possible that the said Roger may have been really

deprived of his property; but it does not follow that the proofs adduced by

him of that fact were perfectly convincing, or entirely in accordance with

the law. And even if they had been such, they might have appeared otherwise

to the said judge of the Prize Court; and it is on this account that the

Superior of Ten rescind the decrees of the Inferior Tribunals.

Secondly, the omission to continue the above-cited appeal, can in no way be

attributed to the judges of this island; neither is it true that any

threats were made use of towards the above-mentioned attorney. Such a

course would have been diametrically opposed to the statutes of my Order;

neither would its members have dared to act in such a manner, either

against foreigners or the inhabitants my subjects, without incurring a

heavy responsibility.

Finally, as it is impossible for my knights, putting aside the order of

right, and neglecting the rule of our statutes, to restore to the

above-mentioned Roger that which he claims, nothing remains in our power

but to grant him the faculty of again prosecuting his right before the

above-mentioned Court of Audience as in law so often and earnestly offered

to the aforenamed attorney. Nor certainly can it be presumed, that your

Majesty in your clemency and justice can desire anything farther. To this

conclusion I am the more drawn from the decision of the advocate of the

Admiralty himself, for he proposes the granting of letters of reprisal not

for any other reason than that he supposed justice had been denied to the

said Roger, and that he had been precluded from the remedy of a Court of

Appeal. This having been an erroneous conclusion, the entire foundation of

the above-mentioned opinion is wholly removed. And it is the more to be

hoped that this decision will be approved of by your most serene Majesty,

as my necessary subjection to the Apostolic See and to the Roman Pontiff

cannot be unknown to your Majesty. From which it necessarily results that

so large a sum could not be taken arbitrarily or by force from the parties

concerned, without grave reprehension and prejudice, and also without

infringing the forms of right as prescribed in the statutes above alluded

to.

Confiding therefore in the singular clemency of your Majesty, I entertain a

hope that your Majesty, moved by so many and such valid reasons, and

considering also the high respect of this my Order towards your Majesty,

will be pleased to direct the said Roger not to prosecute his right by

other means than by action at law before the said Court of Audience. And

that he at length will cease to excite the mind of your Majesty against the

innocent by any such vain and unjust complaints; and that he refrain from

any more seeking so inopportune and final a remedy of right, as the

concession of letters of reprisal against an Order obediently subject to

the wishes of your Majesty, and most ready to do anything for the advantage

and utility of your Majesty's subjects, as those who daily touch at these

islands to re-victual or refit their ships can testify. And now, in my own

name, and in that of my Order, I humbly submit all this to your Majesty by

these letters, as I shall also do shortly by a Nuncio, whom I shall send to

your Majesty with the necessary documents, in _order more clearly to prove

the truth of my statements_.

In the mean time, most submissively kissing your Majesty's most serene

hands, I devotedly implore the benignity of the Most High and the Most

Great God to grant to your Majesty prosperity in all things.

Given at Malta, on the eighteenth day of February, in the year 1669.

Your Serene Majesty's

Most obedient Servant,

COTTONER.

To the above submissive letter the following reply was sent:

No. IX.

Charles the Second by the Grace of God, of Great Britain, France, and

Ireland, King, Defender of the Faith, &c. &c. &c.

To the most illustrious and most high Prince, the Lord Nicholas Cottoner,

Grand Master of the Order of Malta. Our well-beloved cousin and friend,

Greeting:

Most illustrious and most high Prince, our well-beloved cousin and friend.

Your highnesses letters of ---- February, having been delivered to us by

the Nuncio selected by your highness for that purpose, we caused Roger

Fowke, our subject and Consul in the island of Cyprus, in whose favour we

sometimes since addressed your highness, to be summoned before {267} Us,

and having well pondered the grounds and reasons in which your highness'

replies are based, we judged it right to announce farther to our said

subject, that in our opinion the power of appeal to the Supreme Court of

Audience offered to him by your highness, after his attorney's previous

neglect in the first instance, ought not by any means to be slighted; and

that it did not seem to Us there remained, all things considered, any other

hope of future remedy. This we did the more willingly, in order to prove to

your highness more clearly, that being so dear, and so highly esteemed by

Us, as is your highness personally, and all your knights, that we have

preferred accepting any mode of properly settling this affair, rather than,

by recurring to any harsher measures, diminish our friendship and affection

towards so celebrated an Order. This, our determination, We have also made

known by our letters to the Grand Prior of France; and of which testimony

may be borne by the bearer of the present, to whom we have thought proper

particularly to recommend the urging of your highness, in Our name, to see

that such certain and speedy method of justice be established in the affair

of our subject as may be lawful, and as was offered; and such as may afford

new and sound proof of our ancient amity, and establish and affirm a mutual

faith worthy of the Christian name.

In the mean time, We, from our heart, recommend your highness, and all your

knights, to the safeguard of the Most Good and Most Great God.

Given from our Palace of Westminster on the 7th day of June, in the year of

our Lord 1669, and of our reign the twenty-first.

Your Highness' good Cousin and Friend,

CHARLES REX.

No. X.

Charles by the Grace of God, of Great Britain, France, and Ireland,

King, Defender of the Faith, &c. &. &c.

To the most eminent Prince, the Lord Nicholas Cottoner, Grand Master of the

Order of Malta, our very dear cousin and friend, Greeting:

We apprehend that long since it must have come to the knowledge of your

eminence, that a vessel of war of our Royal fleet, named the "Sapphire,"

went ashore some months ago on the coasts of Sicily; and was so much

damaged, that she became entirely unseaworthy. We have however heard, that

some guns which belonged to the said ship have been taken to the island of

Malta, and there preserved. Having, in consequence, ordered our

well-beloved and faithful subject Rudolf Montague, the Master of the Horse

of our most serene Consort, and our Minister near his most Christian

Majesty, to send there some fitting person to inquire after any remains of

the said wreck, and to depose of them in a manner most advantageous to Us,

we, as friends, beg your eminence to be pleased to interpose your

authority; so that the persons already sent, or hereafter to be sent by our

said Minister, may experience no delays nor impediments, but rather find

all favour and due aid from each and every chief of the arsenal, ports and

customs, and other officers to whom it may appertain; which we, in a

similar case, will endeavour fully to reciprocate to your eminence.

In the mean time we recommend, with all our heart, your eminence to the

protection of the Most Good and Most Great God.

Given from our Palace of Whitehall, on the 28th day of November, 1670.

Your Eminence's good Cousin and Friend,

CHARLES REX.

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Notes and Queries, Number 230, March 25, 1854 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc. · 第 36 / 179 题