Selected quad for the lemma: cause_n
Text snippets containing the quad
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A55056
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The present state of New-England impartially considered in a letter to the clergy.
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Palmer, John, 1650-1700?; F. L.
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1689
(1689)
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Wing P247; ESTC W19307
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40,586
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47
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a Reason or Argument for Vacating our Charter is beyond my conception for Fire and Sword were the designed instruments and ministers of their barbarous and hellish Contrivance and if they had once prevailed how weak a Rampart would our Charter have been against so cruell and powerfull an Enemy Would a blood thirsty and conquering Papist have made Westminster-Hall the Arbiter Certainly No we must have received our Law from the mouth of the Cannon and our Hedge would have been broke downe with a great deal of ease Is it reasonable to imagine that after they had waded through the blood of King and Nobles to their wished-for End in Old England they would make use of Politicks in New And as preposterous and unreasonable to fancy That for that end our Charter was called in question especially when we consider that more than four Decads of years have allready past since the Crowne of England first thought it not fit for us to hold any longer and severall years after the popish Plot was discovered before the Scire facias issued out 2. That the Charter was injuriously and illegally Condemned without giveing us timely notice of it or allowing us to Answer for our selves might bear some weight with it if true but it will appeare quite other wise and that we had opportunity enough to have made defence on behalfe of our Charter if we had so thought fit for severall years before the proceedings to the Condemnation thereof Our late Soveraigne King Charles the Second by His Letters signified to us the many Complaints that were made to him of our Encroachments and ill-Administration of the Government and commanded that we should send over Agents sufficiently Authorized to Answer the same which we at length so far complyed with as to send Agents who when they were called to hear and Answer the said Complaints alwaies excused and avoided the principall parts thereof pretending they were not sufficiently impowered for that purpose and after other Agents fully impowered to Answer but not to submit or Conclude any thing And when His Majesty was pleased to cause a Writt of Quo Warranto to be sued forth against our Charter and sent over with his Gracious Declaration and Proposals of such Regulations to be made therein as might be agreeable with His Majesties Service the good well-fare of his subjects here and required an entire Submission from us therein our Generall Court would not submit to or comply therewith onely a Letter was sent to the Right Honourable Sr. Lionell Jenkins then Secretary of State dated the 10. of December 1683 Subscribed by the Governour Eight of the Assistants onely wherein after the acknowledgement of their haveing had a Copy of the Quo Warranto and His Majesties Declaration they say that the major part of the Magistrates have for severall Weeks declared their Opinion and voted to lay themselves at His Majesties feet by an humble Submission and Resignation of themselves to His Majesties pleasure not being willing to Contend with His Majestie in a Course of Law but by the next Opportunity to dispatch their Agents fully impowered to make their submission according to His Majesties said Declaration but by no means can at present obtain the Consent of the Deputyes whereby to make it an Act of the Corporation and therefore have agreed with them to a power of Attourney-ship 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 Ships saile from hence His Majesty by this finding that all the easie meanes He had used could not bring us to any Answer for the Crimes and Misdemeanours laid to our Charge nor produce any thing else but Bassles and Delayes gave Order to His Attourney Generall to sue out a Writ of Scire facias out of the High Court of Chancery against our Governour and Company which was accordingly done directed to the Sheriffs of London c. and made returnable in Easter Terme in the 36 yeare of His Majesties Reigne wherein they were Required to make knowne to the said Governour Company at London that they may appeare in His Majesties High Court of Chancery at Westminster on the day of the Returne thereof to shew cause wherefore the said Charter for the Reasons in the said Writt of Scire facias mentioned and contained should not be made void null and cancelled and the Liberties and priviledges thereby granted to the said Governour and Company be seized into the King's hands upon which Writt the said Governour and Company not appearing another Writt of Scire facias of the same Tenour issued forth Returnable in Trinity Terme then next following when the said Governour and Company appeared by their constituted Attourney and Councill but refused to plead to the said Writt onely moved for time to send hither 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-Terme Judgement should be entered by Default And in that Terme for Default of pleading Judgement was enterd on His Majesties Behalfe and the said Charter adjudged to be void Null and Cancelled and that the Liberties and Priviledges of the said Governour and Company be Seized into the Kings hands which was accordingly done by the Exemplification of the said Judgement in the Reigne of King James the Second and by His Majesties Commission to a President and Councill to take the Government of this Countrey All which proceedings are most just and and Legall according to the Rules and practice of the Law of England and agreeable with many Precedents of the like nature both Ancient and Moderne Besides All Companies Corporations or Bodies politick made or granted by Letters Patents or Charter from His Majesty for any parts or places beyond the Seas are by themselves or Agents to be always ready to answer His Majesty in any of his Courts at Westminster when He shall think sit to Order any Suite or Writt to be sued and prosecuted against them and are supposed to be Resident in or about London or Westminster for that purpose as the East-India Royall-Affrican Bermudas and Hudson-bay Companies are who have their Trade Factories Colonies and Plantations abroad in Asia Affrica and America and in the like state and Condition ought the Company and Corporation of the Massathusetts Bay in New-England to be According to the Capacities given them by their Incorporation of Sueing and being sued Pleading being Impleaded wherein if we have neglected our Duty as well as exceeded our Powers and Priviledges granted and would not put our selves into a Condition to be heard when we ought and might it is not His Majesty nor the Proceedings of His Courts that are to be blamed but our selves 3. That there was a Commission sent to the President