Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	edward_n	sir_n	son_n	17,437	5	5.7894	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34083	Lex talionis, or, The Law of marque or reprizals fully represented in the case of spoyls and depredations upon the ships, goods and factories of Sir William Courten and his partners in the East-Indies, China and Japan : whereupon letters patents for reprizals were granted under the great seal of England to continue effectual in the law against the States General of the United Provinces and their subjects ... : together with three several proposals of the creditors, to the King, and their answer (in a postscript) to the Lord Chancellour's arguments upon the scire facias brought by Sir Robert Sawyer ... concerning the letters patents aforesaid.	Carew, George, Esq.	1682 (1682)	Wing C549; ESTC R33340	30,399	34

should be satisfied and repayed Yet admitting this Treaty at Breda concluded upon the surprize of Chattam had been duly Inrolled and made a matter of Record in Chancery It was afterwards cancelled disanulled and openly extinguished by Proclamation in the year 1672. And particularly signified to His Majesty by a report upon a reference to five Lords of the Council Table concerning the Debt and Damages mentioned in the Letters Patents aforesaid In these words That the States General having wholly cancelled all past Treaties and Agreements and left your Majesty and your Subjects as free in all iustice and Equity as if they never had been made We therefore humbly presume to report our Opinions to your Majesty that it is now but just and seasonable for your Majesty to insist upon reparation for the Debt and Damages aforesaid This reference was made to the Lord Arlington Lord Ashley Sir Thomas Clifford Sir Iohn Trevor and Sir Iohn Duncomb by Order of Council 22. of March 1671. Now whether a Treaty never Inrolled and afterwards Cancelled by Order of Council and Proclamation should be properly insisted upon in any Judicial Writs is fit for another Court of Judicature or Parliament to resolve It 's granted that after a peace concluded all Temporary Letters of Marque having a bare Authority in themselves are for reasons of State totally Extinguished in regard those Letters of Marque had not an Authority coupled with an Interest A general Letter of Marque or Reprizal as before it 's said is an Act of War A particular or Especial one is a process at Law which is our case Letters of safe conduct usually granted to Foreign Ambassadors and other Persons Upon Emergent occasions are in the nature of a Supersedeas to any Commander that hath a Commission or general Letter of Marque or Privateer so properly called as before nor shall they be interrupted by any Person that hath a speciall Commission grounded upon the Law of Marque and this is consonant to reason of State and the Law of Nations And it is not denyed but that a Truce between Enemies supersedes all Temporary Letters of Marque being Acts of War but not special Letters of Marque or Reprisals which take their rise from Spoyls Depredations committed in times of Peace upon particular men or Companies that becomes a personal injury And the reason is plain for that the Law of Marque and Grants thereupon are consistent with times of Peace and the strictest Amity and Alliance between Sovereign Princes and States Captions thereupon being in the nature of Seizures in a hundred for a Robbery upon a private person before Sun-set which comes to a common Average to prevent a failer of Justice It 's observed that Sovereign Princes holds the Scepter in one hand and the Globe in the other The Sword is carried before them by some Chief Minister of State to shew that Justice is to be duely Administred by Officers that are accomptable for their miscarriages By the Law of England the King can do no wrong He is obliged by Oath to protect His Subjects in their Rights Properties and Estates Therefore His Ministers cannot take them away Yet no man of sence will denie but that the King for a publick good may by due means and ways make void even the Letters Patents in this case of Reprisal that is to say as it 's observed before with Money in the right hand of a Lord Treasurer Dutch Embassador or Lord Chancellor and the Scire-facias in the left hand for the Grantees to shew cause the Money being payed why they should not bring the Letters Patents into Court to be Cancel'd Treaties of State if they be repugnant to the Law of God the Law of Reason or the Laws and Statutes of England ipso Facto they are void in themselves The third Article of the pretended Treaty at Breda concluded in the year 1667. after the Surprize at Chatham says that all Offences Injuries Damages and Losses sustained on either side by the King or the States or their Subjects during this War or at any time before upon any cause or pretence whatsoever should be totally expunged and buried in Oblivion and all Actions at Law concerning the same Now if any forced Interpretation should be put upon this Article so generally Penned that all private differences of meum tuum between particular persons of either Nation should be comprehended in this Article it 's void because it s not in the Power or Prerogative of any Prince to hinder the due course of Law for a particular debt or personal injury Admit that a Hollander were indebted to an English-man before the Treaty at Breda for goods Sold or sent to make Sale of and the Dutch-man should plead specially the Treaty at Breda in Bar to an Action brought for the Money it would not hold good in Law for that it cannot be any ways intended that particular Debts and Actions should fall under the considerations of such Offences Injuries Losses and Damages mentioned in that Article which generally relates to Kings and States As for Mr. Carew his Plea to the Scire Facias and Affidavit annexed speaks sufficiently for his Justification Persisting That no restitution is made for the 151612 l. or any part thereof although Sir James Butler and others are ravishing his Estate from him upon Fore-closures of Equity even for Moneys lent upon account of prosecuting this Cause There was never such a president since the Creation that a particular Interest and Property so Liquidated and Established for satisfaction and reparation under those circumstances according to the Laws and Statutes of this Realm wherein so many Families are concerned as the Creditors of Sir William Courten and his Son Sir Paul Pynder and Sir Edward Littleton should be so slighted and contemned The Lord Chancellor well observed it concerned the publique it 's very true it concerns the publick Honour and Interest the publick Justice and Equity of the Nation that the Debt and Damages should be satisfied and repayed There is no Reason of State that particular persons should Purchase a publick Peace at their own Charge or that a private Interest should be Sacrificed for the publick good without satisfaction out of the Publick Purse The Parliament of Paris or Monpilier cannot give Laws to the Parliament of England that enacted if any man should be spoiled by French or others at Sea in peaceable times they shall have the right and benefit of the Law of Marque or Reprizals to recover their Loss Damages and incident Charges which by consent of Nations being once ascertained by a Judicial Act must have its Extent and Execution the end of the Law Satisfaction And this being agreeable to the Laws of God the Laws of Nature the positive Laws of Nations and the Laws and Statutes of England and the King having by His Letters Patents under the Great Seal of England pursuant thereunto commanded and required all Judges of the Admiralty and Officers there

extinguish Letters of Marque and that for the Reason aforesaid The King having the Power of Peace and War Mr. Carew cannot be a good Subject to involve the Publique by executing these Letters of Marque in times of Peace who as I am informed had 30 Ships out in time of War And the Clauses contained in the Patent that no Peace shall extend to the prejudice of the said Letters Patents before satisfaction was a Clause unusual and incerted by surprize and ought not to have been and is in no sort obligatory Wherefore I give Iudgment That the Letters Patents shall be brought into Court to be cancelled and the Enrollment thereof razed ☞ The Argument turns upon his Lordship the King being sole Legislator of Peace and War The Clause of continuance in the Patent hath the force of an Act of Parliament His Lordship would be both Judge and Party and sole Arbiter if a Writ of Error did not lie in the Kings-Bench and finally in Parliament to reverse his Erroneous Iudgment A Copy of the Order in Chancery Veneris 26 die Maii Anno Regni Caroli secund ' Regis tricesimo quarto Inter Dom ' Regem Quer ' Edmund ' Turnor Mil ' Georg ' Carew Ar ' Defend ' Lord Chancellor THe Record of the Demurrer joyned in the Pety-Bag upon a Scire facias brought by Mr. Attorney General on the behalf of His Majesty for revoking certain Letters of Reprizal granted to the Defendents the 19th of May 1665. coming this present day to be argued before the Right Honourable the Lord High-Chancellor of England by vertue of an Order of the 20th instant at which time the Record was read The Defendents Councel desired longer time But upon hearing of Mr. Attorney-General on the behalf of the King his Lordship declared that the matter in debate did concern the Publick and could not admit of any further day to be given to the Defendents And his Lordship having been attended with the Record and duly considered the whole matter is of opinion and doth order That the said Demurrer do stand and that Iudgment be entred up for the King for the revoking the said Letters Patents and doth further order That the Enrollment thereof be vacated upon Record and that the Defendants do forthwith bring into this Court the said Letters Patents and all Exemplifications and Duplicates thereof under Seal to be cancelled Ex. Per George Edwards Deput ' Register On the next morning the Lord Chancellor was pleased in open Court to give order that the Attorney-General should be careful in drawing up the Judgment and that the Clerk of the Pety-Bag should enter it upon the Roll aud exemplifie the whole Record under the Great Seal and send it to the Admiralty-Court to remain there It may be observed That the Scire facias being returned in Easter-Term 1681. and the Plea filed of the same Term and the Demurrer coming in not before Easter Term last the Attorney-General had a whole year to consider of the said Plea which is admitted as to the matters of Fact in all particulars by the said Demurrer and since sworn to be true by one of the Defendants So that the Attorney-General making no Reply insisted only upon the Law The Questions therefore that do naturally arise upon it are Whether the Scire facias be a Legal and warrantable Writ in this Case for the Lord Chancellor to ground his Judgment upon for repealing the Letters Patents without satisfaction so solemnly obtained under the Great Seal of England according to the Laws of the Land or Whether the Plea be not sufficient in Law to support and maintain the Letters Patents until the Debt and Damages be recovered BUt before we come to answer the Lord Chancellor's Arguments it 's absolutely necessary to speak a word or two concerning the Scire facias and the Order entred by the Register that the Defendents should bring the Letters Patents and all Exemplifications and Duplicates thereof under Seal into Court to be cancelled It 's recited in the Record made up pro restitut ' faciend ' Carolo tunc Comiti Salop al' in eisdem Literis Patent ' c. whereas there is no such Patent as is mentioned in the Scire facias Notwithstanding it 's affirmed in the said Order of the 26th of May 1682. That his Lordship had been attended with the Record and duly considered the whole matter and yet in the second Line of the said Record it 's written Carolo tunc Comitis Salop whereas in the Letters Patents for Reprizals it 's mentioned for restitution to be made to Francis Earl of Shrewsbury and others So that the Foundation being bad the Structure must fall to the Ground there being no such Patent as the Scire fas ' recites Whereupon a Distringas is since issued forth to the Sheriff of Mid. to distrain all the Lands and Tenements of George Carew within his Bayliwick until the said Patent Exemplifications and Duplicates thereof under Seal be brought into Court and cancelled which is impossible for him to do being out of his power the said Duplicates and Exemplifications being in the hands of several Persons beyond the Seas with Assignments and Covenants that they shall continue effectual in Law until the Debt of 151612 l. with Damages shall be recovered and received according to the words of the Grant and the King's Declaration Wherefore it would be both Honourable and Just for any Ministers of State in England or Holland to bring the Scire facias in one hand and Money to satisfie the Debt and Damages in the other And without that Quid pro quo under his Lordship's favour the Patent cannot be legally revoked repealed or made void Yet for satisfaction of all Mankind that the Defendents will abide by their Plea they have retained their Councel to give modest Answers to the Lord Chancellor's Arguments as followeth who holds it convenient to begin at the root where his Lordship ended That the Clause of continuance was unusual and incerted by surprize and ought not to have been and is in no sort obligatory 1. The stipulation for extinguishing all other Losses and Damages by the Treaty 1662. from the like Sovereign Remedies 2. The States denyal of making satisfaction for the Spoils and Depredations of those two Ships according to the said stipulation 3. The Services and Sufferings of Courten and Pyndar for the Crown of England so eminently known to all Parts of the World 4. And the great Supplies given to His Majesty in Parliament for the Protection of His Subjects at the very time the said Patent for Reprizals was passing through Sir Heneage Finch's Office when he was Solicitor-General upon the Negotiation of Mr. Gilbort Crouch were four invincible Arguments for the King to pass this Grant of common Right to his Subjects with those two Clauses of a continuando until the Debt 151612 l. wi●h Costs and Damages should be recovered and received the King having declared so much