Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	letter_n	parliament_n	patent_n	2,384	5	10.0609	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A65983	Severall remarkable passages concerning the Hollanders since the death of Queene Elizabeth, untill the 25th of December, 1673 Some animadversions thereupon, in answere to a scandulous pamphlett called Englands appeale to the Parliament, from the private caball at white hall. With the continuation of the case between Sr. VVilliam Courten his heires and assignes and the East-India Company of the Netherlands, faithfully recollected by E.W. armig: and rendred into English, French, and Dutch, for satisfaction of his particular friends, in England, France, and the low countriers.	E. W.	1673 (1673)	Wing W21; ESTC R219253	71,264	105

confi●●ation And it was Lawfull for the Captaine to prosecute for the Shipp goods in the names of Sir Edmond Turnor and Mr. Carew persuant unto the Letters pattents without subjecting of them to any offence they being Turstees for a Corporation of Creditours and altogether passive in matter of fact Captaine Byrne and all other Captaines had only power to Execute their Commission according to the rules and Directions contained in the Letters pattents if they transgressed those Limitations it was their owne Act and not Sir Edmond Turnors and Mr. Carews The Maxime Qui facit per alterum facit per se is relative to Civell Actions where all things are done persuant to a Lawfull Authority Personall injuries cannot be comprehended within any deputation or Comission whatsoever and it would be of evill consequence if such provisionall sentences should be confirmed and brought into Presidents Being contrary to Law and the very express words of His Majesties grant declared in the sayd Letters Pattens wherein it s mencioned in the last clause of the Pattent that this Royall Comission should be fauorably interpreted and construed in all respects to the benefitt and advantage of Sir Edmond Turnor and George Carew their Executours Administratours and assignes Captaine Edward Lucy and Capt Iohn Holines in prosecution of their Comissions under the sayd Letters Pattents did within the space of three months take sink burne Nine Shipps of the French Dutch and Danes yet they mett with such discouragements at home that rendred their enterprizes rather burthens to themselves and their Friends then any advantage or profitt to the Heires Executous or Creditors of Sir William Courten Sir Paul Pridar and Sir Edward Littleten who were also blamed for spoyling the Kings enemies And Mr. Franklinn to shew an absolute prejudice against Mr. Carew advised Mr. Ioas Ever●yen a dutch claymor his brother in Law to arrest him in a vexatious action of 1000. pound by writt out of the Admiralty Court upon pretence of a spoyle done by Captaine Heyden to a Hamburger in the month of August 1666. and although sufficient bayle was given into the Court to answere the Action Yett noe prosecution was ever made against him thereupon nor any Costs payd him for his vexatious trouble It is not difficult to register the names of severall Hollanders French-men and Danes that traded all the time of the late warr in the names of Flemings and Hamburgers and that had also their correspondence in England to colour and protect their Shipps and goods by collusive testimonialls and Commissions out of Flanders and the Hantz townes Even as severall Hookers and Dogger boates of Zirrickzee and Herring-buysies of Mazelandsluice Scheydam and Anchusen Fished freely as Oastenders and the Subjects of other neutrall Princes which incouraged the Kings enemies in those times of extreamity Whilst His Majesty of great Brittaigne laboured under all the difficulties imaginable that were brought upon the Kingdome through the corruptions and selfe interests of perticular men In the yeare 1667. After the rage and fury of the sword fyer and pestilence had abated and the King was treating in the territories of the Hollanders at Breda concerning a peace with the States Generall France and Danemarcke the States adventured upon a signall exployt to burne His Majesties Shipps at Chattam Supposing that English men could digest fyer both by land and water then they tr●●●mph●ntly insisted that the Act concerning Navigation was dis●●●●ive to their Commerce and therefore proposed to have a● Articl● to make it voyde presuming that such treaties might dissanull Acts of Parliament as well as Letters Pattents under the great Seale of England but being advised to the contrary they prevayled onely for a dispensation that all goods coming downe the Rhyne out of Germany to the staple at Dort should be admitted as of their owne growth and transported to England in dutch bottomes Then they insisted upon a further provision to be made for tender Conscienci●s concerning all English men that should transport themselves into the united Netherlands for protection which was refused Only in favour of Doctor Richardson Minister of the English Church at Leyden it was consented unto Notwithstanding the Yorkeshire Plott that all Preachers who were come out of His Majesties Kingdomes should be free from any impeachment for treason c. The Hollanders those conquerours as they termed themselves rested not satisfied here but projected severall Articles in generall termes to acquitt and discharge de bene esse all Actions and pretentions whatsoever that his Majestie and his Subjects had against the States Generall and their Subjects from the beginning of the world to the conclusion of that treaty wherein Pouleron was also to be suddainly relinquished that had been 40. years in delivering up persuant to severall former treaties and the Soveraignity of Surrinam to be surrendred which had been only possessed some weekes by the Zeland Capers and retaken from them by the English Here was a strange providence and very remark-able concerning Surrinam and Pouleron This Surrinam was a Colony setled by the Lord Willoughby wherein he had expended all his patternall Estate And this Lord Willoughby was the person that had kept the lands possessions of Sir William Courten and his Heires in the Island of Barbados from the right proprietors under the pretence of a lease from the Earle of Carlilse as Lord Proprietor of the Carebee Islands who had by force supplanted Sir William Courten his tenants officers and Servants after Sir William had setled a Colony there had expended thirty thousand Pounds Sterling upwards in fortifications buildings and planting having first discovered the sayd Island and been three years in quiet possession thereof Pouleron is an Island that belongs to the Heires and Successors of the English East-India Company that first acquired the same by their joynt stock and such an Island that was taken from them orriginally by vyolence which creates noeright annexed to the Hollanders possessions This Island was wasted by the East-India Company of the Netherlands after Cromw●lls treaty and all the nuttmegg trees were there distroyed by Capt Kirkhove and his Soldgiers in obedience to the Hollanders Commands the Generall of Batavia which trees were to have bin restored to the English againe in the same condition they were growing This Island was after many long delays delivered to the English but retaken the same yeare againe by the Dutch East-India Company without any satisfaction or price for the spoyle or the soyle whereof the Hollanders esteeme themselves to be for ever acquitted and really discharged without any Act or deed from the orriginall proprietors who could not formerly agree how to draw up a discharge for the 80000. pound Sterling that Cromwell borrowed of them against their will which the Hollanders had payed by Mr. ●illiam Garraways Sollicitation for other damages Nor consent to give him a reward answerable to his paynes for getting that which they lost by their

him or them that the said Ships Goods Wares Marchandizes or Money did belong to the States Generall or any of their Subjects as aforesaid That they shall be lawfull prize to the said Sir Edmond Turnor and George Carew their Executors Administrators and Assignes as aforesaid to retain and keep in their or any of their Possessions and to make sale and dispose thereof in open Markett or howsoever els to their and every of their best Advantage and Benefitt in as ample manner as at any time heretofore hath been accustomed by way of Reprisall and to have and enjoy the same as lawfull prize and as their own proper Goods so that neither Captain Master nor any of the Company that shall serve in his owne Person or shall promote and advance the said enterprise in manner an forme aforesaid shall in any manner of wise be reputed or challenged for any Offendor against any of Our Laws And that also it shall be lawfull for all manner of Persons as well Our Subjects as any other to buy the said Ships Goods and Marchandizes so taken and apprehended by the said Captains Masters and others and adjudged as aforesaid without any damage loss hinderance trouble molestation or incombrance to befall the said Buyers or any of them in as ample and lawfull manner as if the Ships Goods Wares and Marchandise had been come and gotten by the lawfull Traffique of Marchants or of just prises in the time of open Warr. Provided alwayes that all Ships Goods and Marchandise taken by virtue of this Our Commission shall be kept in safety and no part of them wasted spoyled or diminished or the Bulke thereof broken untill Judgement have first past as aforesaid That they are the Ships and Marchandises of the States Generall or some of their Subjects as aforesaid And if by colour of this Our Commission there shall be taken any Ships Goods or Marchandises of any of Our loving Subjects or the Subjects of any Prince or State in good League or Amity with Us except the States Generall or their Subjects as aforesaid and the Goods therein laden sold and embezelled or diminished or the bulke thereof broken in any Place before they shall be adjudged to belong to the States Generall or some of their subjects as aforesaid That then this Commission shall be of no sufficient Authority to take the said Ships Goods and Marchandises or to warrant or save harmles such as shall receive buy or intermedle therein but that both the prises so taken and the said Ships of Warr shall be confiscated to Our use And further We do hereby declare that it is Our will and pleasure that this Our Commission shall remain in full force and power to all intents and purposes untill the said Sir Edmond Turnor and George Carew their Executors Administrators and Assignes as aforesaid shall by vertue thereof have by force of Armes apprehended taken saised recovored and received from the said States Generall or their subjects one hundred fifty one thousand six hundred and twelve Pounds according to the appraisement to be made by sufficient Appraisers upon Oath nominated and authorised in Our said Court of Admiralty of all such Ships Goods Wares and Marchandises as shall be taken from the said States Generall or any of their subjects by vertue of this Commission or shall other wayes receive satisfaction of the Debt aforesaid by Composition to be made between those of the East-India Company of the Netherlands and the said Sir Edmond Turnor and George Carew their Executors Administrators and Assignes as aforesaid Notwithstanding it so happen the present difference between Us and the States Generall depending upon generall Reprisalls may be agreed and composed and that in the interim a Peace good Correspondence may be renewed between Us and the said States Generall In which case nevertheless it 's Our will and pleasure that in the execution of this Our Commission no violence shall be done to the Persons of the said Subjects of the said States Generall but only in case of resistance and that after in cold bloud the subjects of the said States Generall if hurt or wounded shall be used with all convenient office of humanity and kindess And further Our will and pleasure is that although it shall happen that all hostility between Us and the States Generall and Our respective Subjects shall cease yet this Our Commissions shall remain and be in full force and power to the said Sir Edmond Turnor and George Carew their Executors Administrators and Assignes as aforesaid by vertue thereof to apprehend take and seize by force and Armes so many more of the said Ships and Coods of the States Generall or any of their said subjects as besides the said summ before mentioned shall cuntervaile satisfy and pay all such Costs and charges as the said Sir Edmond Turnor and George Carew their Executors Administrators or Assignes as aforesaid shall from to time make proof to have disbursed and paid towards the equipping manning paying furnishing and victualing of the said Ships so licenced and Authorised as aforesaid by this Our said Commission to be equipped manned paid furnished and victualled by the said Sir Edmond Turnor and Gegorge Carew their Exeecutors Administrators and Assignes as foresaid for the purpose aforesaid And Our will and pleasure is and We do hereby require Our Judge or Judges of Our High Court of Admiralty for the time being and all other Officers of the Admiralty and all other Our Judge or Judges Officers Ministers and Subjects whatsoever to be aiding and assisting to the said Sir Edmond Turnor and George Carew their Executors Administrators and Assignes as aforesaid in all points in the due Execution of this Our Royall Commission and to proceed to adjudication and adjudge all Ships Marchandises Monyes and Goods by vertue hereof to be taken according to Our Princely intention hereby signifyed and expressed and to take care that this Our Royall Commission be duely executed and favourably interpreted and construed in all respects to the benefit and best advantage of the said Sir Edmond Turnor and George Carew their Executors Administrators and Assignes as aforesaid In Witnesse whereof We have caused these Our Letters to be made Patents Witness Ourself at Westminster the 19. day of May in the 17. year of Our Reign BY THE KING TO make a retrospect into all the former proceedings of this case or to doubt the validity of the grant after all matters were brought into a solemne Act of Letters Patents under the great Seal of England were not only to question his Majesties Soveraigne Power and Prerogative Royall in the protection of his Subjects but to arraign the Judgements and opinions of all the Kings Ministers of State Judges and publike Persons that debated this business in Councells in Creatyes in Parliament and inferior Courts of Iudicature before this speciall Commission was granted As the King cannot be deceived in his grant so he cannot do his Subjects any wrong