Notes and Queries, Number 230, March 25, 1854: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc.Various
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Notes and Queries, Number 230, March 25, 1854: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc.
Various
Questions and answers -- Periodicals
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.
Public-domain text, read in full here on John Shaqi.
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