Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	case_n	defendant_n	1,532	5	10.1325	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A55325	Discourse of trade, coyn, and paper credit, and of ways and means to gain, and retain riches to which is added the argument of a learned counsel upon an action of a case brought by the East-India-Company against Mr. Sands the interloper.	Pollexfen, John, b. ca. 1638.; Pollexfen, Henry, Sir, 1632?-1691. Argument of a learned counsel upon an action of the case brought by the East-India-Company against Mr. Thomas Sands, an interloper.	1697 (1697)	Wing P2778; ESTC R17145	112,364	258

Kings went with Armies to the Holy Land King _____ had made War and Peace with the Turks Had we no Trade there but with our Swords But to look nearer home Spain and Portugal were Infidels and in the Hands of the Moors until anno 147 4. which was 14 E. 4. Can it be thought that in all those Times betwixt Magna Charta H. 3. and E. 4. we had no Trade with Spain or Portugal Stat. 12 H. 7. c. 6. was made in the Year 1497. which is but 23 Years after the Moors were driven out and in that Statute 't is Recited That the Merchants Adventurers dwelling in divers Parts of England out of London did shew That whereas they have had free Passage Course and Recourse with their Goods Wares and Merchandizes in divers Coasts and Parts beyond the Seas as well into Spain Portugal Venice Danzick East-land Frize-Land and divers and many other Regions and Countries in League and Amity with the King That they were imposed upon by the Company of Merchants in London and forced to pay Duties I only make use of this Recital to prove the free Passage there mentioned to Spain and Portugal and to other Countries and Regions There is no Distinction of Infidel from Christian Country though Spain and Portugal had been so lately Infidel and though most probably the Trade they had then was with Turkey and Barbary as well as with Venice The Words other Regions and Countries seem to imply as much and the Freedom equal So that I think as to this Objection that Infidels are perpetual Enemies that we have no Peace with them nor they maintain any Action or have any Property by our Law I think the Authority to maintain it is none at all The constant Practice as well by Princes as People has been always against it But be that Point of trading with or without Licence how it will That Point can't be sufficient to found a Monopoly upon that can't warrant a Grant of a sole Trade sole buying and sole selling to be granted to you and your Successors your Sons your Servants your Apprentices and Factors and such as you shall license for ever Here is a Licence in Perpetuity not only to those that then were but to their Sons and Successors and those whom they shall license for ever And this into a very great Part of the World And by the same Reason all Turkey and Barbary a great Part of the West-Indies and other Parts of the World may be monopolized and perhaps all Christian Countries The Statute of Monopolies hath no Allowance or Exception for monopolizing to Infidel Countries That Statute is against all sole buying sole selling or sole using any thing And the Turkey Trade was used long before that Time as by the Charter granted 23 Eliz. So was the Barbary as by the Charter thereof and I believe to the Indies also And the Statute of Monopolies being so general the Proviso not reasonably construable to except this Company out of the Extent of that Statute unless all Patents that may be granted to Companies of Monopolies are by that Exception or Proviso out of the Statute and deserving for the suppressing so great Evils as Monopolies are and always have been accounted I hope it will not be avoided upon an imaginary Difference in Law betwixt Infidel and Christian Countries to monopolize thereby the Trade perhaps of the greater Half of the World as Turkey Persia Barbary East and West-Indies for those of the West-Indies a great Part I think are Pagans In the great Debates that were about 3 and 4 Car. 1. about the King's Power of imposing Rates Exch. 4. C. 1. Lane 24. 2 Inst 63. Subsidies or Impositions upon Merchandize in Bates his Case and in the Parliaments are many things said concerning the King's Power of prohibiting Trade Restraining by a Ne exeat Regno And from these Arguments they reason the Lawfulness of Imposition upon Merchandize The Arguments and Reasons in those Debates did not distinguish betwixt Infidel and Christian Countries But betwixt Native and Foreign Commodities or Merchandize And did endeavour to have a Prerogative to tax foreign Commodities And their Reasons run thus The King can prohibit or restrain any Merchant to go out of the Kingdom He can restrain any sort of foreign Commodities to be imported If he can restrain then none can go or import contrary to such Restriction or Prohibition without Licence Then the Licence is grantable upon Payment of such or such Duty or Imposition or as it can be agreed for and had and consequently such Imposition Farm or Rent lawful And in the Argument of those Matters it appears that a Restraint in its Consequence may import a Tax or an Imposition or Rent or Farm If Licences be requisite whether that will introduce Rates to be imposed otherwise than by Act of Parliament may be considered Suppose it true that there have been Licences granted to go into Infidel Countries So there have been to go beyond Seas But it is no Consequence that because such have been granted that therefore it is unlawful to go or trade without Licences Much less doth it follow from thence that such a Patent as this to any one or few Subjects to have the whole and sole Trade into any one Place can be warranted I do not question but the King may restrain the Passage of Merchants and Merchandize in some Cases and Embargue Ships in some Cases But these are upon several Reasons 1. In Cases of War 2. In Cases of such Merchandizes as are necessary for the Safety or Defence of the Kingdom to restrain their Exportation 3. In Cases of Plague from particular Place to import But then these Prohibitions are general and their particular Reasons and Grounds are apparent But if under any Pretence any sole Trade to some one Person Body-politick or Natural be granted excluding all others That Grant is I conceive in Deceit of the King and to the Prejudice of his Subjects and void Never any such Grant hath hitherto had any judicial Allowance but so far from that that as far as I could observe no Opinion hath been till within 4 or 5 Years that such Grants were good to exclude others Nor any Action or Suit ever adventured before now to be brought upon any such Ground But if the Law should be so and that the Defendant ought not to have traded there without License Then he may be punishable at the King's Suit by Fine and Imprisonment But that you should maintain an Action against him what Cause of Action or what Damage or Loss to you have you laid in your Declaration You say in your Declaration That the Defendant Sands not being a Member of the Company nor Son Servant Factor Apprentice or Assignee of the Company traded and merchandized in the East-Indies within the Places granted to you by your Charter and hath there bargained and sold Wares and Merchandizes and there bought others and imported and

sold them in England against the Will of the Company to their Prejudice and Impoverishment against the Form of the Letters Patents to the Damage of the Company 1000 l. 1. You have not alledged that he had no License from the King 2. You have not shewn any Loss or Damage that you have Did he buy so much Merchandize in the Indies as that he left not there sufficient for you to furnish your Ships withall so that they came home empty No such thing is alledged Or did he here export to sell so much Merchandize as not sufficient left for you to buy here No such thing alledged in your Declaration Or did he bring home here so much as that there were not Buyers sufficient for his Goods and your's also No such thing is alledged Or is the Truth so as that hereby your imposing your Prizes upon your own Commodities selling at your own Rates and exacting what you thought fit was hindred and for this you would maintain an Action It will be the first Time I think that a Man did ever recover Damages for being hindred of imposing and exacting his own Prizes or having the Advantage of his Monopoly A Commoner may bring an Action of the Case against a Stranger who puts in his Cattel into the Common provided that thereby the Common be impaired and the Commoner have not sufficient Common as before but have a Damage otherwise he can maintain no Action Resolved that for every feeding of the Beasts of a Stranger in a Common Co. 9 Rep. 113. the Commoner shall not have an Assize or Action upon the Case but the feeding ought to be such that thereby the Commoner cannot have Common of Pasture for his own Beasts 'T is the Consequence the Loss of his Common that gives him Cause of Action 'T is not alledged in the Declaration that your Trade was any thing the worse No Damage to you appears by it What Reason is there that you should recover Damages where you have not sustained any Loss And if you have alledged none in your Declaration how can your Declaration be good It then contains no Cause of Action The last Point in that Case is there resolved 11 Co. Rep. 88. b. Rols Abr. 1 part 106. that admitting the Patent good yet no Action would lye In that Case the Queen by her Letters Patents had granted to Mr. Darcey that he his Servants Factors and Deputies the whole Trade Traffick and Merchandize of Cards for 12 Years should have and use That none else should use the Trade nor buy or sell Cards That the Defendant did contrary to this Patent sell Cards 1. Adjudged that this was a Monopoly and the Patent void 2. That if the Patent had been good yet no Action would have lyen against the Defendant upon it 2. But for another Reason you can't maintain this Action It is grounded upon the Restraint and Prohibition of others to trade contained in the Letters Patents That Restraint or Prohibition is not an absolute Restraint or Prohibition but sub modo under a Pain of Forfeiture of Ship and Goods One half to the King another half to you that are the Company Now supposing all that you can desire That this Patent should have the Force and Vertue of an Act of Parliament yet such an Action as this could not be maintained upon it but you must sue for the Forfeiture For whensoever a new Law is made you must take that new Law as it is and it can't be extended Co. 7 Rep. 37. 11 Rep. 59. and Pl. Com. 206. All prove it Stat. E. 6. gives treble Damages for not setting out of Tithes Can the Party wave this Way and bring an Action of the Case Yet here the Damages are given to the Party The like of all other penal Statutes a Man must forfeit only the Penalty the Statute inflicts So that this Action cannot as I conceive be maintained So that to conclude 1. That which this Company claims in this Case by this Patent to have the sole Trade to the East-Indies in their Politick Capacity excluding all others is a Monopoly and ingrossing against the common Law the ancient Statutes the Statute of Monopolies 21 Jac. And therefore they have no Right to have what they claim 2. That what the Defendant hath in this Case done he hath lawfully done and therefore not to be punished 3. That though the Company had a lawful Claim to the Trade in such manner as in their Declaration set forth and the Defendant have done what he ought not yet they can't maintain this Action And upon the whole matter Whether best for the Company to have Judgment for them or against them may deserve their Thoughts And this being so great in the Conseqence as the whole Trade of the Kingdom depending upon it I have laboured the more The ancient Laws the ancient Ways is what I endeavour and against new Ways upon any Pretence whatsoever Some Books printed for B. Aylmer at the Three Pigeons in Cornhil THE Works of the Most Reverend Dr. John Tillotson late Lord Archbishop of Canterbury containing Fifty four Sermons and Discourses on Several Occasions together with the Rule of Faith Being all that were published by his Grace himself and now collected into one Volume To which is added an Alpabetical Table of the Principal Matters Price 20 s. Six Sermons viz. 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