Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	chief_a	lord_n	plea_n	5,523	5	9.8646	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B01772	A breviat for the defendants upon a scire facias, to repeal or make void the letters patents, under the Great Seal of England (hereunto annexed) for reprisals, against the States General, and their subjects, for 151612 l. with costs and damages, as recited in the scire facias; unto which the defendants have pleaded and joined in demurrer, this Easter term, 34. Carol. sedund. pro ut, &c.		1682 (1682)	Wing B4408A; ESTC R229408	2,474	1

A BREVIAT for the Defendants Upon a Scire Facias to Repeal or make void the Letters Patents under the Great Seal of England hereunto Annexed for Reprisals against the States General and their Subjects for 1516121. with Costs and Damages as recited in the Scire Facias unto which the Defendants have Pleaded and joyned in Demurrer this Easter Term. 34. Carol. secund pro ut c. THE Defendants Pleaded to the Scire Facias in Easter-Term 1681. Reciting the Letters Patents in haec verba Charles the Second c. not doubting but that Sir Robert Sawyer the Kings Attorny General had been satisfied therewith and that the Letters Patents ought not to be Repealed or made void upo● that Writ of Scire Facias without satisfaction made to the Grantees But the Attorny General having lately put in a Demurrer to the said Plea unto which the Defendants rejoyned so that the Record being made up and read in Court on Saturday last the 20th of this Instant May 1682. consisting of five large Skins of Parchments The Lord Chancellor was pleased to appoint Tuesday following to argue the same Declaring That he would give Judgment thereupon on Saturday next although Mr. Wallop and Mr. Whitlock the Defendants Council prayed longer time to consult thereon for that a Copy of the Record could not be made in that time Divers Debates in this Affair passed the High Court of Admiralty the Council Table the Commons of England in Parliament and the Deputies of the States General several years together before it was brought into this Solemn and judicial Grant of Letters Patents and therefore worthy of that consideration to be Argued solemnly before the Lord Chanchellor of England for his Judgment therepon and the rather because the KING himself says in the Body of the Patent That he is bound in Justice and Honour to see the Debt and Damages Satisfied and Repaired which is not done in the least measure to this day It may be considently affirmed all circumstances considered That there was never two such Families as Sir William Courten and Sir Paul Pindars that merrited so much from the Crown of England so Barborously used abroad and so much neglected at home The Attorny General by his Demurrer admits all to be true in the Defendants PLEA That nothing was paid to the Defendants or recoverd of the said Debt and Damages out of the Prizes taken by the Kings Ships or out of the 800000 Patacoones mentioned in the PLEA and ingrossed by the Prince of Orange and others or by any other money from the States of Holland or the East-India Company of the Netherlands The Defendants cannot admit any thing in the Scire Facias to be effectual in the Law against the force of the Grant in the Letters Patents quo usque until the Debt and Damages with Costs be recovered and satisfied although a Treaty at Breda is urged in Bar against the Defendants Dated 21th of July 1667. as recited in the Scire Facias but no Inrolment thereof that the Subjects might resort thereunto according to Law and it ought to be made a Record otherwise it cannot any ways invalide this Grant However such a particular Right cannot by Law be taken away by any Publick Treaty Then Mr. Attorny General farther says That the Treaty at Breda was Renewed Ratified and Confirmed by a second Treaty Proclamed and Published and also mentions a pretended Supersedeas Dated Sexto die Junij in the 32 year of the King but recites no Records or Inrolments thereof in regard they erroneously recite the names of some persons for others Some Reasons and Arguments why the Letters Patents ought not to be Repealed or Vacated upon this Scire Facias before satisfaction made to the Grantees 1. IN the Case of a Spoyle there is no other remedy but REPRISALS which are in the nature of a Withernam and if the Remedy be taken away the Right is suspended which the Law will not admit in any Case that there should be a failer of Justice The Laws and Statutes of this Realm are positive in this Case In the 27th of Edw. 3. cap. 17. the Act of Parliament says That if Merchants of England shall be indamaged or spoyled at Sea by the Subjects of any other Prince they shall have the Law of Marque or Reprisals without Fraud or Deceit Which Expresses and Imploys an effectual Releif for the Debt and Damages and the scire facias cannot have any Influence upon the Letters Patents there being no such persons therein concerned as is mentioned in the Record upon which Issue is joyned The Law of Nations so soon as the Damages are made Evident and the Grant passed for Recovery Invests the Debt in the Grantee as an Inviolable Right to be Repaired upon the Nation whose Subjects did the Wrong wherefore the Creditors and Grantees in this Case would be left in a miserable Condition after the Expence of Ten Thousand Pounds and upwards to acquire the Grant by such steps and measures as they have taken if it should rest in the Kings Power without any satisfaction to the persons interessed and injured to Retract his own Act passed upon such valuable Considerations and wherein he was not deceived in his Grant that coupled an Interest with an Authority as the Law directs of common Right for Relief of his Subjects The Hollanders pretend That the King in Justice and Honor is oblieged to pay the Defendants the Debt and Dammages out of the 800000 Pattacoons which hath been so useful to his Majesty but the Grantees and others clayming under them have patiently expected sought after Reparations by the ordinary means prescribed by Law putting both his Majesty the States General and the Prince of Orange in Mind by taking some small quantities of Corn and Wine for their Refreshment which was by Force and Power indirectly taken from them again and the Poor Seamen Tryed for Fellony and Piracy for seeking after their Goods by Lawful Authority yet the Defendants are ready to take any Reasonable Satisfaction from either Party and give up the Letters Patents concerning the Spoyles and Depredations mentioned therein not excluding Themselves from pursuing their Right at Law upon Civil and personal Actions depending in Holland and Zealand upon other Accounts Bills of Exchange and Obligations for Monys Lent wherein the Opinions of the Lord Chancellor the late Lord Chief Justice Rainsford and the Lord Chief Justice North were transmitted to the States affirming That Justice ought to be administred in those Cases according to the Laws of England where the Contracts were Originally made And in the mean time be obliged to make no further Entries of Ships to put in Execution the said Letters Patents for Reprisals until the scire facias Plea Demurrer and Rejoynder be Solemnly argued on both Sides according to Common Justice for Judgment of the Court or that any other Expedients may be found out how the Debt and Damages may be repaired and satisfied That the History of this woful Cause may not rise up in Judgment in future Ages against those that have eaten the Bread of Grieved and Oppressed Orphants and Widdows Actum May 22 1682. Dom. Rex vers Carew alias in curia Chancela