Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	court_n	say_a	writ_n	1,469	5	10.2245	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34160	Hinc illæ lacrymæ, or, An epitome of the life and death of Sir Wlliam Courten and Sir Paul Pyndar ... with their great services and sufferings under the crown of England : together with a brief narrative of the case and tryal of certain persons for pyracy and felony on the 10th of February 1680 : upon a special commission of Oyer and Terminer, grounded upon the statute of the 28 of Henry the 8 / faithfully and modestly collected by Thomas Carew ... ; with some remarques thereupon.	Carew, Thomas, 1595?-1639?	1681 (1681)	Wing C563; ESTC R12035	39,994	28

Administration was granted to the said George Carew in the Letters patents for Reprizals before mentioned wherein the most visible part of Sir Paul Pyndar's Estate remains yet many difficulties and obstructions are laid in the way from coming to that poor remainder in this age of Forgetfulness Yet I hope it will not be in these our days as it was in the times of old when the Prophet Isaiah complained that Iudgment is turned backward and Iustice Standeth far off for Truth is fallen in the Street and Equity cannot enter Yea Truth faileth and he that refraineth from Evil maketh himself a Prey and the Text saith that the Lord was displeased that there was no Iudgment and when he saw that there was no man he wondred that none would offer himself From whence it may be inferred that they who suffer Injuries and Oppressions without Process and Appeal for Justice do not only betray themselves and their Cause but the Interest of their Country and the Laws of the Realm under which they have or ought to have protection There is one Remarkable and Fraudulent Case not to be Omitted in this Narrative ADmiral de Ruiter of Holland having taken a Fly-Boat of 200 Tun in Burthen called the Mary of Bristol belonging to Merchants of that City Laden with Sugar Cotton and Indigo from Barbadoes the said Ship and Goods were Condemned as free Prize to the States of Holland by the Admiralty of Amsterdam in the year 1665. Then the said Ship was sent from Amsterdam by the Name of the Godilive of Bruges and bound for France where she was Laden with Wine Salt and Vinegar under Spanish Colours as belonging to Iacob Neitz Michael Vander Planthem and other Subjects of the King of Spain which said Fly-Boat being taken by Captain Tyrance Byrne about the Month of Iuly 1666. and carried into the Port of Chichester in pursuance of a Commission by force of the Letters Patents for Rep●izal granted to Turnor and Carew as aforesaid against the States of the United Province Upon Examination whereof it appearing that the Ship was Dutch Built Sailed from a Port in Holland to a Port in France the Seamen Hollanders and Zelanders Born and the Goods Consigned to Merchants of Amsterdam Sir Lyonel Ienkin Decreed that there was good cause of Seizure and Condemned the Master of the said Ship in Expences but in regard one Peter Gerrarda French man and common claimer of Prize-Ships appeared and claimed the said Godilive and her Lading in the Names of the said Iacob Neitz and others Subjects of Spain in Amity with the King It was ordered by the Judge that upon payment of the Costs and giving Bail to abide the Sentence of the Court upon hearing the Cause the Ship and Goods should be restored But the said Gerrard refusing so to do Arrested the said Captain Byrne in an Action of 1000 l. upon a Writ out of the Admiralty Court unto which he gave good Bail yet the said Gerrard made no Prosecution thereupon But upon Examination Ex parte and Certificates procured out of Flanders that the said Ship was Assigned to the said Neitz and others Mer●hants of Brugis The Ship and goods were restored by the Court and delivered by the Vice-Admiral of Suss●x accordingly Afterwards the Proctor and Advocate of the common claimour Exhibits a Lybel in the Names of Neitz Vander Plancken and others in the year 1667. against Sir Edmond Turnor and George Carew joyntly with Captain Tyrence Byrne and Ionathan Frost his Owner u●on pretence that part of the Lading was Imbeaziled in the Port of Chichester and some of the Wines Perished with Lying Whereupon Sir Lyonel Ienkins pronounced a Sentence against Turnor Carew Byrne and Frost for 1800 l. Damages for spoiling their Voyage although the Ship and Goods were restored under all those Circumstances aforesaid from which Erronious and Unjust Sentence Turnor and Carew Appealed by themselves to Judges Deligates and Adjuncts who confirmed the said Sentence although against the Statute Laws of the Realm and the Common Law of England Turnor and Carew being neither Particeps Criminis nec mun●ris and that no man in the Cases of Personal Injuries ought to suffer for the default of another for that by their own shewing in their Libel the Imbezlements being done in Chichester in the body of the County where they were to be Tryed by the Common Law Vive voce it being without the Jurisdiction of the Admiralty a Court of no Record Wherefore they Appealed to the King and obtained a Commission of review leaving the pretended Claimers and Byrne to dispute the matter Turnor and Carew being concerned no further then that their Names were used in the Process towards Condemnation Nothing of proof appearing to the contrary in all the Process transmitted in the said Cause The Humble Proposals of William Courten Esq Grand-Child and Heir of Sir William Courten Kt. Deceased Charles Earl of Shrewsbury Richard Powell Esq Thomas Coppin Esq and others here under-named on the behalf of themselves and other persons Interessed by Subscription to the said Proposals to His Majesty and the Lords and others of His Majesties most Honourable Privy Councel Ann. 1626 WHereas Sir William Courten at his own Costs and Charges set forth two Ships well provided with Men Ammunition and all Necessaries fit for Settling a Plantation They were bound for the West-Indies where they discovered an Island Landed and possessed it and called it the Barbadoes And in the same year Captain John Powell and Henry his Brother upon Sir William Courten's Account and at his Costs came thither with other Ships Freighted with Men Women Servants and all sorts of Provisions for carrying on the Plantation designed and Fetched several Indians from the main Land Built Houses Raised Fortifications and set up the Kings Colours made several Plantations of Cottons Tobacco Indigo c. Peopled the Island with English Indians and others to the number of 1850 Persons or thereabouts and Settled John Powel Iunior Governour there and the Planters paid Sir William Courten several Servile Rents of Sugar Cotten Tobacco c. as Original Proprietor 25th of February 1627. King Charles the first by Letters Patents under the Great Seal of England granted the Government thereof to the Earl of Pembrook and Mountgomery in Trust and at the Request of Sir William Courten with power to Settle a Collony there according to the Laws of England who gave John Powell a Commission to continue Governour there And Sir William Courten borrowed several great sums of Money and became much Indebted for carrying on the said Plantation 2d of Iuly 1627. Then James late Earl of Carlisle obtained a Patent for the Propriety Inheritance and Government of the Caribbee Islands But doubting it would not reach Barbadoes he surrendred it and obtained a second Patent rejecting the former containing a Grant of the Propriety and Inheritance of the Barbadoes to the said Earl and his Heirs 7th of April 1628.

all such Acts and Things as the said Captain by Strength and Force of the said Ship and men by vertue and in pursuance of the said Letters Patents and the Commission hereby given may lawfully do in such manner and Form as by the said Letters Patents is limited expressed and declared In witness whereof the said George Carew hath hereunto set his Hand and Seal the 14 th day of Iune in the Two and Thirtieth year of the Reign of our Soverain Lord King Charles the second Anno Dom. 1680. George Carew NOtwithstanding the said Letters Patent were read in Court hereafter recited at large in the Plea to the Seire Facias Sir Lyonel Jenkins persisted to the Iury that by the Laws of Nations the Treaty at Breda had made null and void all Letters of Reprizal That the Kings Proclamation was of a sufficient Authority to bind all His Subjects and that His Majesty having the power of Peace and War all people were to take notice thereof Unto which the Prisoners replyed that the putting the Letters of Reprizal into Execution was no breach of the Peace neither was any thing done Felo Animo in prosecution of the said Commission or Piratically in pursuance of that Authority contained in the Letters Patents and that they had used the Dutch Master and Seamen with all Kindness and Humanity set them on Shoar with all their Apparel and what else they pleased to take with them Then one of the Learned Iudges insisted that the Commission was voidable at the Kings pleasure being but a bare Authority and determinable at the Kings Will. Whereupon the Prisoners at the Bar Craved to be heard by Mr. Wallup Mr. Molloy and others their Councel to those points in Law who replyed that the King had by His Graut vested the Subjects in this Case with a● Interest coupled with an Authority for Recovery of their Debt and Damages and especially provided for the continuance thereof until satisfaction of the Principal Debt withal Casts and Charges or a Composition for the same with the Parties Interessed and Injured Pro ut ' c. vide the Grant Sir Lyonel Jenkins then further urged erroniously that the Hollanders had not any notice of the Monition for Examination of Witnesses that made proof of the Spoils and Depredation And that the said Letters Patents for Peprizal being Granted in time of War the East-India Company of the Netherlands could make no defence against it Which was otherwise the Monition being fixed upon a Piller of the Exchange in the year 1644. and partecular notice given to the Dutch Embassador to Cross Examine the said Deponents if he pleased And that the East-India Company had sufficient notice and warning two years together by Memorials that the Grant for Reprizals would pass in that nature for Reparation of the Debt and Damages being so recited in the body of the Record Several other Arguments were used and the Major part of the Iudges seemed satisfied therewith Then Iudge Raymond and Iudge Wyndham urged that the Iury might find the Matter Specially which was opposed by divers of the Iudges Sir Job Charleton sayi●g he would not wash his Hands in the Blood of those persons Besides Mr. Carew having obserued that the Treaties mentioned in the pretended Supersedeas and Proclamation were not Inrolled and therefore the Printed Copies thereof offered as Evidence were impertinent So upon the whole matter the Iury brought in their Uerdict that the Prisoners were neither Guilty of Felony nor Pyracy Whereupon Sir Lyonel Jenkins bound over Mr. Carew in a Recognizance under a great Penalty with Caution to answer to an Information at the Kings-Bench-Bar the first day of Easter Term following and would have kept his Original Patent under the Great Seal of England which was Exhibited and read in Court as an Evidence on the behalf of the Prisoners at the Bar upon their Tryal Sir Lyonel pretending that it ought to be detained by way of prevention for that Mr. Carew intended to set forth other Ships upon the like occasion But several of the Iudges answered that the Patent being brought into Court as Evidence by Mr. Carew it ought to be returned to him Sir George Treby alleadging it as a very unreasonable thing that they who came to give Iudgment in Cases of Depredation should be guilty of it themselves so the Patent was retur●●d to Carew accordingly But before Easter Term a Scire Fac●as Issued forth of the High Court of Chancery in the Kings Name directed to the Sheriff of Middlesex to Summon Sir Edmond Turnor and the said George Garew to shew Cause why the said Letters Patents should not be brought into His Majesties said Court of Chancery there to be Cancelled and made void with the Inrollment thereof who were summoned to appear qu●ndenà Paschae 1681. which they did according to the said Summons the Scire Facias and return thereof being contained in hec verba as followeth with the Plea thereunto annexed both remaining of Record in the Petty-bagg Office The Scire Facias Dom. Rex con ' Turnor Carew CArolus secundus Dei gratia Angl ' Scoc ' Franc ' Hibern ' Rex Fidei Defensor ' c. vic' Midd salutem cum per quasdem literas nostras Patentes magno sigillo nostro Angl ' sigillat ' geren ' dat' apud Westm ' decimo nono die Maii Anno regni nostri decimo septimo pro restitut ' saciend ' Carolo tunc Comiti Salop al' in eisdem liieris Paten nominatis Participibus cum quodam Willielmo Courten Armigero modo defunct pro quibusdam Navibus bonis Merchandizis in eisdem literis Paten ' spicificat ' ejusdem Willielmi Courten participum suorum predict per subditos statuum General Provinciar ' Belgii unitar ' aute tunc in partibus exteriis ab eis minus juste capt ' detent ' Dedimus licent ' authorit ' quibusd ' Edmundo Turnor Mil ' Georgio Carew Ar ' duobus participium predictor ' in eisdem Literis Patentibus nominatis Execut ' Administ ' vel Assign suis ex parte sua aliar ' pers●●●r ' supradict ' armandi comeatu instruendi Anglice furnishing ad mare emittendi Anglice 〈◊〉 to Sea tot ' tales naves naviculas Anglice Pinnaces quot sibi vellent Ac cum eisdem aggrediend Anglice setting upon capiendi seisiendi omnes naves bona m●net ' Merchandiz eorund Statuum General ' subditor ' suorum infra aliqua Dominia Territor ' sua quecunque inhabitan ' cujuslibet particular ' Stat ' infra Provincias supraedict ' ubicunque eadem invent ' fuerint extra aliquem Portum Angliae sive Hiberniae eadem custodiend in corum sive alicujus eorum possession ' retinend ' ac ut bona sua propria post adjudicationem in suprema Curia Admiralitatis Angliae pro preda legittima vendendi disponendi quousque sibi prefat ' Edmundo Turnor Georgio