Selected quad for the lemma: cause_n
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A55052
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An impartial account of the state of New England, or, The late government there, vindicated in answer to the Declaration which the faction set forth when they overturned that government : with a relation of the horrible usage they treated the governour with , and his Council, and all that had His Majesty's commission : in a letter to the clergy there / by John Palmer.
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Palmer, John, 1650-1700?
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1690
(1690)
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Wing P246; ESTC R37740
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24,245
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41
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declarare interpretari addere sive diminuere pro Nostrae libito voluntatis pront securitati Nostrae Terrae Nostrae viderimus expediri And therefore We Command you That from henceforward you observe the Premises in all things so only that as often whensoever and wheresoever We please We may Declare Interpret Add to and Diminish from the said Statutes and every part of them according to Our Will and Pleasure so as We shall see it expedient for the safety of Us and Our Land aforesaid In the next place I shall instance Ireland That it is a Conquer'd Kingdom is not doubted Cooke Rep. Fol. 18. but admitted in Calvin's case and by an Act of the 11th 12th and 13th of King James acknowledged in express Words viz. Whereas in former times the Conquest of this Realm by His Majesty's most Royal Progenitors Kings of England c. That by virtue of the Conquest it became of the Dominion of the Crown of England and subject to such Laws as the Conqueror thought fit to impose until afterwards by the Charters and Commands of H. 2. K. John and H. 3. They were Intituled to the Laws and Franchises of England as by the said Charters reference being thereunto had may more fully appear I shall only instance two The First is out of the close Rolls of H. 3. wherein the King after Thanks given to G. de Mariscis Justice of Ireland signifies That himself and all other his Lieges of Ireland should enjoy the Liberties which he had granted to his Lieges of England and that he will grant and confirm the same unto them Claus 1. H. 3. Dorso 14. which afterwards in the 12th Year of His Reign he did as followeth Rex dilecto fidelio suo Richardo de Burgo Justiciar ' suo Hibern Salutem Mandarimus vobis firmiter praecipientes quatenus certo die loco faciatis venire coram vobis Archi-Episcopos Episcopos Abbates Priores Comites Barones Milites Libere Tenentes Balivos singulorum Comitatuum coram eis publici legi faciatis Chartum Domini Johannis Regis Patris Nostri cui sigillum suum appensum est quam fieri fecit jurari a Magnatibus Hiberniae de legibus consuetudinibus Angliae observandis in Hiberniae Et praecipiatis eis ex parte nostra quod leges illas consuetudines in Charta praedicta contentas de caetero firmiter teneant observent The King to his Faithful and Beloved Richard de Burg Justice of Ireland Greeting We have Commanded you firmly enjoyning you That on a certain day and place you make to come before you the arch-Arch-Bishops Bishops Abbats Priors Earls Barons Knights and Free-holders and the Bayliffs of every County and before them you cause to be publickly read the Charter of the Lord King John our Father to which his Seal is affixed and which he caused to be made and Sworn to by the Nobility of Ireland concerning the Laws and Customs of England to be observed in Ireland And commanded them on our behalf That for the future they firmly keep and observe those Laws and Customs contained in the Charter aforesaid By all which it is evident That after the Conquest and before the recited Charters the Inhabitants there although composed of many Free-born English Subjects who settled themselves amongst them were neither govern'd by their own Laws nor the Laws of England but according to the good pleasure of the Conqueror And if you will take the Opinion of Sir Edward Coke in his Annotations on the Great Charter he tells you plainly That at the making thereof it did not extend to Ireland or any of the King 's Foreign Dominions but after the making of Poyning's Law which was in the 11th Year of H. 7 long after the Great Charter it did extend to Ireland I have only one Instance more and that is The usage of Foreign Nations in their Plantations and Settlements abroad The Governments of the Vnited Provinces and Denmark are well known in Europe and yet in all their Plantations their Governments are despotical and absolute all the power is in the hands of a Governour and Council and every thing is ordered and appointed by them as is sufficiently manifest to those that are acquainted with Batavia Surrinam Curasao New York when formerly in their hands and the Island of St. Thomas By which it is evident That those Kingdoms and Principalities which are of the Dominion of the Crown of England are subject to such Laws Ordinances and Methods of Government as the Crown shall think fit to Establish The next thing then to be proved is That New England and all the English Colonies are subject to the Dominion of the Crown of England as Wales and Ireland are and not to the Empire of the King of England as Scotland is 'T is a fundamental point consented unto by all Christian Nations that the first Discovery of a Countrey inhabited by Infidels gives a Right and Dominion of that Countrey to the Prince in whose Service and Imployment the Discoverers was sent Thus the Spaniard claims the West-Indies the Portugals Brasile and thus the English these Northern parts of America For Sebastian Cabot imployed by King Henry 7. was the first Discoverer of these Parts and in his Name took Possession which his Royal Successors have held and continued ever since therefore they are of the Dominion of the Crown of England and as such they are accounted by that excellent Lawyer Sir John Vaughan in his reports Vauh Rep. Craw versus Ramsey which being granted the Conclusion must necessarily be good and it will follow That Englishmen permitted to be Transported into the Plantations for thither without the Kings Licence we cannot come can pretend to no other Liberties Privileges or Immunities there than anciently the Subjects of England who removed themselves into Ireland could have done For it is from the Grace and Favour of the Crown alone that all these Flow and are dispenced at the pleasure of him that sits upon the Throne which is plain in the great Charter it self where after the Liberties therein granted by the King it concluded thus Tenendas habendas de Nobis haeredibus Nostris in perpetuum To have and to hold of Us and Our Heirs for ever which by the Learned Sir Edward Coke is thus explained These words saith he are not inserted to make a Legal Tenure of the King but to intimate that all Liberties were at first derived from the Crown Instit page 2. fol. 4. Barbados Jamaica the Leeward Islands and Virginia have their Assemblies but it is not sui juris 't is from the grace and favour of the Crown signified by Letters Patents under the Broad Seal But the Laws made by these Assemblies with the consent of the Governour are no longer in force than till the King is pleased to signifie his Disapprobation of them which power he hath always reserâ—â—â—â—o himself and can whenever he thinks fit Repeal
Magistrates have for several Weeks declared their Opinion and voted to lay themselves at His Majesty's Feet by an humble submission and resignation of themselves to his Majesty's pleasure not being willing to contend with his Majesty in a course of Law but by the next opportunity to dispatch their Agents fully impowered to make their Submission according to his Majesty's said Declaration but by no means can at present obtain the consent of the Depuries whereby to make it an Act of the Corporation and therefore have agreed with them to a power of Attorneyship to save a Default in hopes that further time will prevail to dispatch their Agents accordingly and shall earnestly endeavour to give the People a better understanding before the next Ship Sail from hence His Majesty by this finding that all the easie means he had used could not bring them to any answer for the Crimes and Misdemeanors laid to their charge nor produce any thing else but baffles and delays gave Order to his Attorney-General to sue out a Writ of Scire Facias from the High Court of Chancery against the Governour and Company which was accordingly done directed to the Sheriffs of London c. and made returnable in Easter-Term in the 36th Year of His Majesty's Reign wherein they were required to make known to the said Governour and Company at London That they appear in His Majesty's High Court of Chancery at Westminster on the Day of the return thereof to shew cause wherefore the said Charter for the Reasons in the said Writ of Scire Facias mentioned and contained should not be made void null and cancell'd and the Liberties and Privileges thereby granted to the said Governour and Company be Seized into the King's Hands upon which Writ the said Governour and Company not appearing another Writ of Scire Facias of the same Tenor issued forth returnable in Trinity-Term then next following when the said Governour and Company appeared by their constituted Attorney and Council but refused to Plead to the said Writ only moved for time to send to New England which not being agreeable with the Rules and Practice of the Court in such Cases could not be allowed but in Favour to them a Rule was made That unless they Pleaded by the first day of the then next Michaelmas-Term Judgment should be entered by Default And in that Term for default of Pleading Judgment was entered on His Majesty's behalf and the said Charter adjudged to be void null and cancell'd and that the Liberties and Privileges of the said Governour and Company be Seiz'd into the King's Hands which was accordingly done by the Exemplification of the said Judgment in the Reign of K. James the Second and by His Majesty's Commission to a President and Council to take the Government of this Countrey All which Proceedings are most just and legal according to the Rules and Practice of the Law of England and agreeable with many Precedents of the like Nature both ancient and modern Besides all Companies Corporations or Bodies Politick made or granted by Letters Patents or Charter from His Majesty for any part or places beyond the Seas are by themselves or Agents to be alwaies ready to answer His Majesty in any of his Courts at Westminster when he shall think fit to order any Suit or Writ to be Sued or Prosecuted against them and are supposed to be resident in or about London or Westminster for that purpose as the East-India Royal African Bermoodos and Hudsons-bay Companys are who have their Trade Factories Collonys and Plantations abroad in Asia Africa and America And in the like state or condition were the Company or Corporation of Massathusets-Bay in New England to be according to the Capacities given them by their Incorporation of Suing and being Sued Pleading and being Impleaded as appears by the Dogget-Book of the Council when the Charter was first Granted wherein if they have neglected their Duty as well as exceeded their Powers and Privileges granted and would not put themselves into a condition to be heard when they ought and might it is not His Majesty nor the proceedings of His Courts that are to be blamed but themselves 3. That there was a Commission sent to the President and the successive one to Sir Edmond Andros are both true but that they were Illegal is a Position too confidently asserted by the Pen-man who seems to be more a Clergyman than a Lawyer but because the well clearing up of this point will be of great service to the subsequent Discourse 't will not be amiss that it be throughly considered I shall therefore lay down this as a certain Maxime both consonant to Reason and the Laws of the Land That those Kingdoms Principalities and Collonies which are of the Dominion of the Crown of England and not of Empire of the King of England are subject to such Laws Ordinances and Forms of Government as the Crown shall think fit to establish New England and all the Plantations are subject to the Dominion of the Crown of England and not to the Empire of the King of England Therefore the Crown of England may Rule and Govern them in such manner as it shall think most fit For the proof of which I shall instance Wales which was once a Kingdom or Territory govern'd by its own Laws but when it became of the Dominion of the Crown of England either by Submission or Conquest it became subject also to such Laws as King Edward the First to whom they submitted thought fit to impose as may plainly appear in the Preamble of the Statute of Rutland Leges consuetudines partium illarum hactenus usitatas coram Nobis preceribus Regni nostri fecimus recitari quibus diligenter auditis plenius intellectis quasdam illarum de consilio Procerum predictorum delevimus quasdam permissimus quasdam correximus etiam quasdam alias adjiciendas faciendas decrevinis eas de caetero in terris nostris in partibus illis perpetua firmitate teneri observari volumus in forma subscripta We have caused the Laws and Customs of those parts hitherto used to be recited before Us and the Peers of Our Realm which being diligently heard and more fully understood some of them by the Advice of Our Peers aforesaid We have obliterated some We have allowed and some We have corrected And have also Deereed That some others shall be made and We will that for the future they be holden and observed in Our Lands in those parts with perpetual Firmness in manner hereinafter expressed Then follow the Ordinances appointing Writs original and judicial in many things varying from those of England and a particular manner of proceeding And again in the close of the same Statute Et ideo vobis Mandamus quod praemissa de caetero in omnibus observetis ita tantum quod quotiescunque quandocunque ubicunque Nobis placuerit possimus praedicta Statuta earum partes singulas