Selected quad for the lemma: prince_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
prince_n	king_n	law_n	prerogative_n	2,294	5	10.0658	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29745	A brief remonstrance of the grand grievances and oppressions suffered by Sir William Courten and Sir Paul Pyndar, knts., deceased as also by their heirs, executors, administrators, and creditors : humbly represented to both Houses of Parliament, prorogued to 21 October 1680 : faithfully collected out of several courts of record, orders of counsel, and treaties of peace and common alliance : with several remarks thereupon for the improvement of naviagation, trade, and commerce / by John Brown.	Brown, John, of London.	1680 (1680)	Wing B5025; ESTC R27230	34,787	30

Upon the Complaints of the Commons of England in Parliament an Act passed in the 4th Year of Henry the 5th whereby a remedy was provided for their more speedy Relief in all Cases of Spoyls and Depredations against Leagues Amities Truces and safe Conducts the parties grieved having liberty thereby to Address themselves to the Keeper of the Privy Seal for the time being for Letters of Request who upon Manifest proofs and Evidence of the wrong appearing shall grant Letters of Request in due form if so required for Restitution and Reparations from the parties that did the Injury that is to say from the Prince State or Supream Power which if not made in a convenient time prefixed that then the Lord Chancellour of England shall make to the party grieved Letters of Marque or Reprizals under the Great Seal of England in due form of Law And by a Statute in the 14th Edw. 4th It was Enacted Established and Confirmed that all Statutes and Ordinances against Offences Injuries Damages and Losses done by Breakers of Leagues Amities Truces and safe Conducts shall be in full Force and Effect By which Statute-Law wherein every Subject of England hath an Interest the Lord Privy Seal and Lord Chancellour are bound to grant the said Letters Respectively Ex Officio of Common right they being upon their Oaths to do their Office Iustly otherwise it would be a Uiolation of their trust And therefore without Satisfaction and Reparations first had and obtained in the Case of Courten for the Debt of 151612 l. and Damages the Chancellour cannot legally pass any Act Supersedeas or Proclamation under the Great Seal of England to Revoke or make void the said Letters Patents or to suspend the Execution thereof being the effect and fruit of several Acts of Parliament for Relief of particular Subjects that were Spoyled and Injured against Leagues of Common Amity and Truces Whereas in the High Court of Chancery his Lordship cannot Relieve any Person whatsoever Stranger or Denizon against a Statute-Law Grotius and the Learned Selden agree that after a Depredation Committed by the Subjects of one Nation to those of another and that the Damage hath been Stated and Letters of Request Issued forth and Iustice denied or delayed that Immediatly such Damage becomes a National Debt to the particular Persons Injured and by the Laws of Nations it ought to be recovered and Paid therefore Remedy is provided by the Laws and Statutes of England accordingly When an Authority passeth by the Kings Grant to such injured Persons of Common Right coupled with an interest to Levie and Recover the Debt and Damages when once the Power is Granted as the Law directs the same cannot by any subsequent Act of the King be Bound or Suspended without satisfaction to the Parties Grieved and the reason is plain because such a Grant and Execution upon it is no Breach of Peace or common Alliance between Princes and States And it 's against the Honour and Interest of the King both at Home And Abroad to diminish his own Prerogative and Royal Grant before satisfaction obtained the Patent being published for a President in several Languages amongst all the Neighbouring Nations Answer to the Second Question THat the private Interest of the Subjects of either side upon Debts Accounts Covenants or any civil Contract in Merchandizing upon the Land cannot be in any Measure comprized or comprehended within any Article of the Treaty at Breda under the notion of Offences Injuries Damages and Losses Therefore they cannot fall under that Construction or forced Interpretation of those Words which were intended naturally to Arise from Spoyls and Depredations terms that ought to have been used in the said Articles but that the transgressors would Pallitate Spoyls and Depredations by the names of Losses Injuries and Damages and the two Subsequent Articles being relative to the third having a Dependance upon the said Offences Injuries Damages and Losses no particular or private Debt and Damage can fall under that construction otherwise all English-mens Money in Holland and Consequently all Dutch mens Money in England gotten into the Hands of Bankers on either side might have been confiscated But the Wars being Proclaimed for General Reprizals between the King and States particular Men Traded each with other notwithstanding It was therefore an Apparent Breach of the Laws of Common Amity and of the Alliance with the Crown of England for the States of Holland on the 10th of September 1676. to send their Express Order in Writing to the ordinary Courts of Iudicature in Amsterdam and the Hague interdicting and Prohibiting the Iudges from Granting any Process or doing any Iustice against Jacob Pergens at the Suit of several English-men for Debts due upon Bills Bonds and Covenants for repayment of Moneys gotten into his Hands under several trusts After this Solemn Debate and Resolution upon those two Points in Question were over a grand Objection was raised by the Civil Lawyers then Present which was Answered as follows in Order Obj. THat a Soveraign Prince having the power of Peace and War in his Hands being the Sole Arbiter thereof may make use of a private Interest for the publique Necessity as Sole Legislator in such Cases Answ. St. Augustin sayes that all Humane Laws are Righteous Decrees agreeing with the Natural and Eternal Law and that there is no Law Iust or Legitimate except it agree with them both All Power being confined within the Bounds of Equity and Reason there is no Plea or Bar to be allowed against the Law of Nature which is Immutable It 's Granted that God Almighty having trusted Soveraign Princes with the Government for the Protection and Preservation of their Subjects in their Goods and Properties It if be just the Supream Power hath sufficient Authority to Restrain any particular Mans Right for every Mans Good yet it was ever found most reasonable in all Ages that when a private Interest was Sacrifized for a Common good a recompence was made for the private Damages out of the publick Purse Cicero Tertullian and other most Learned Authors do all agree in this point Verum etsi nostrae tempore necessitatis Patriae conferre debeamus tamen jure naturae congrui ut Communis salus Communis utilitas periculum non unius duntaxat aut alterius sed Communibus impensis jacturis periculisque comparetur BY the Law of Nature if a Soveraign Prince and State enter into a Contract one with the other upon certain Conditions the Contract is viod if the Conditions are not performed To clear this point we need not go far for Presidents the King of Great Britain having declared both the former Treaties in the year 1662. and 1667. With the States General to be void upon that account The States having been refractory in the performance of Agreements concerning Poleroon and in making reparation for other matters As even the Treaty at Breda was Pronounced null and void upon the like score about Surrinam c. Whereby

Sir William Courten and Sir Paul Pyndar K t s Deceased with their Wills annexed and Thomas Coppin Esq on the behalf of themselves and divers others Interested and Concerned Sheweth THat in Pursuance of two several Orders of the Council-Board Dated the 24th of July 1677. Your Petitioners and other Proprietors Interested have often attended with their Councel Learned in the Law to be heard concerning relief for the matters therein contained according to Iustice and Common Right Humbly Praying that the Ambassador of the States General Resident in England might have notice thereof to make what Defence he could by his Advocates or others against your Petitioners just Complaints but to this day your Petitioners could not be heard although several times were Assigned for that purpose Your Petitioners do therefore most Humbly Pray that Your Majesty would be most Graciously pleased to appoint a Peremptory Day that your Petitioners may be heard at the Council-Board and that the Dutch Ambassador may have notice thereof from one of the Principal Secretaries of State with Copies of the said Orders to make what Defence he can by his Advocates or others if he please that Right may be done according to the Merits of the Cause And Your Petitioners shall ever Pray c. George Carew Thomas Coppin THe said Petition being Ordered to be Read and Sir Philip Lloyd Clerk of the Councel having Read the same accordingly on the 12th day of May 1680. The Lord High Chancellour was pleased to tell Mr. Carew that he should not be heard but that He and others that offered to put the said Letters Pattents or any Commissions derived from thence in Execution should be Hanged as Pirates And notwithstanding the said George Carew informed the Councel-Board that two or three Ships were out upon the Coast of Spain and other parts in Pursuance of certain Articles and Agreements between him and the Creditors yet nothing would prevail for a hearing upon the Petition or upon the former Order of Councel aforesaid but this new Order was made Ex parte upon a Memorial given in by the Dutch Ambassador stuft with Impertinent falsities as follows At the Court at White-Hall the 12 th of May 1680. Present The Kings most Excellent Majesty His Highness Prince Rupert Lord Archbishop of Canterbury Lord Chancellor Lord President Duke of Albemarle Marquess of Worcester Earl of Ossory Lord Chamberlain Earl of Bridgwater Earl of Sunderland Earl of Essex Earl of Bathe Lord Bishop of London Mr. Hide Lord Chief Justice North. Mr. Finch Mr. Secretary Ienkins Mr. Chancellor of the Exchequer Sir Thomas Chicheley Mr. Godolphin THis day a Memorial presented to His Majesty by his Excellency the Ambassador Extraordinary from the States General of the United Provinces was read in Council setting forth how that according to Information given upon Oath Sir Edward Graves K nt and George Carew Esq were Equipping and Arming a small Frigat called the Mary under the Command of Tyrence Byrne to be imployed against the Subjects of the States General and particularly to surprize and seize the Ship called the Emperour wherein a part of the said Lord Ambassadors Equippage was Imbarqued in order to his return to his own Country which Equipping and Arming was by colour of a Commission or Letter of Reprizal bearing date the 29th of May in the 17th year of His Majesties Reign that now is and granted in favour of the Creditors of Sir William Courten and others And praying that the said Letters of Reprizals might be Revoked His Majesty considering that the said Commission was Suspended by His Majesties Proclamation bearing Date the 10th of August 1666. for divers great and notable Misdemeanors committed in Execution thereof and that by the Treaty of Peace and Alliance made with the States General of the United Provinces at Breda the 21 of July 1667. It is agreed that all Suits and Pretentions that the Subjects of His Majesty or the States General might or could move or prosecute one against another for any matter or thing before the Date of the said Treaty shall remain void Obliterated and Disanulled and that all Letters of Reprizal Marque or Countermarque both general and particular are by the said Treaty Inhibited and Revoaked which said Treaty was restored in its former Uigour and Confirmed by a Subsequent Treaty made at Westminster in the Month of February 167 3 4. By which Treaties all Letters and Commissions of Reprizal are intirely Revoaked and Annulled His Majesty likewise foreseeing of what Mischievous Consequence it would be to all his Loving Subjects if the States General upon the Execution of the said Letters of Reprizal contrary to the meaning of the said Treaties and after the anulling of them by the same should Grant Letters of Countermarque against the said Subjects and their Goods to the hindring of Commerce and the Ruine and Dammage of many particular Men although unconcerned in the Case of such Reprizal His Majesty doth therefore hereby Order Sir Creswel Levins His Majesties Attorney General to prepare the Draught of a Supersedeas to pass the Great Seal of England whereby the said Letters of Reprizal may be in due form of Law Superseded Revoked and Declared to be void and Determined to all effects and purposes whatsoever to the end the States General may rest satisfied of his Majesties care to have his Treaties duly executed and that it be made known and may appear of Record to all his Loving Subjects that the said Letters of Reprizal are Revoaked and Declared void to the end also that none may hereafter presume to Act by vertue thereof and if any do that they may be proceeded against as Pirats acting without Commission and as Infractors of the Peace and Alliance between His Maiesty and the States General A true Copy Ex. FRANCIS GUYN IT may be remarqued from hence what Dangerous consequences would attend the Subjects of England in their Estates and Properties if such an Order of the Councel-Table should be of force to Supersede a Iudicial Grant upon Record under the Great Seal of England without a Scire facias or hearing the Parties or to Discharge and Release particular Mens-Rights and Interests in the Hands of Forreigners upon private and Land-Contracts in Trade and Commerce without any Restitution or Satisfaction for the same Under such presidents no Man can be safe It 's very remarkable that civil Actions and Pretences for several Matters and Things were not Obliterated or made void by the Treaty at Breda as appears by several Presidents of both sides in the Courts of Judicature at the Hague Amsterdam and Middleburgh viz. By the cause in the Supream Court of Judicature between James Boeve and the Heirs of Peter Boudaen depending many years before the Treaty at Breda and prosecuted several years after to a Definitive Sentence and by other actions in Zealand that had long depended before the Treaty in the Zerick-sea which were prosecuted afterward by Sir William Lower John Monson and Roger

praedictorum T. I. ac ceterorum praenominatorum una corporibus eorundem quam citius in ballivis suis inventi fuerint arrestari sub arresto hujusmodi custodiri faciant quosque praedicto S. de transgressione damnis ac de perditis praedictis in forma praedicto fuerit satisfactum T c. THe Ancient Laws of England in the Case of Spoyls were grounded upon right reason for that every English Man living here in an Island had not Moneys to right himself against Forraigners in their own Country so often as they would take advantage by Injuring them to make their own Markets neither could an English Man expect to find Iustice abroad without delay where the Offenders for the most part were Parties and Iudges themselves But when the Persons or Goods of Merchants Strangers were once Arrested or Attached here they would find means suddainly to Retaliate their Dammages at home upon the Offenders Even as at this time if a Fisher Man should be attaqued at Sea for the East-India Companies 〈…〉 in the Towns of Holland and Zealand would quickly make the East-India Companie or their Directors in the Chambers at Amsterdam and Middleburgh Refund their Dammages or otherwise they would Dde Wit them or pull down their Houses in that Popular and Tumultuous Government Now I appeal to all unbiassed and impartial Men whether Iudicial Grants under the Great Seal of England made pursuant to the Laws and Statutes of the Realm obtained by such steps and measures mentioned in the body of the Grant for Reprizing the 151612l with Damages ought not to have the effect of the Law by Seizing the value or by Composition Notwithstanding any such Extrajudicial Acts or Proclamations and pretended Supersedeas The Laws of England having so secured the Distinct Rights and Properties of the Subjects that it is not in the Kings Power by any Act of State unless by Parliament to dispose of His Subjects Goods Or whether there was any necessity the Dutch Ambassador the Here Van Leuven Affirming that the 800000 Pattacones were given to take off the durable Grant for Reprizals by which the Hollanders were bound That three parts of the Pattacones should be Assigned to the Prince of Orange for old Debts and no part to the Proprietors of the Bona Espranza nor for the Great Diamonds Sold to the late King by Sir Paul Pyndar not yet paid for Pawned by the late Queen for half the value in Amsterdam Jure naturae equam est neminem cum alterius detrimento injuria fieri locupletiorem There lies a necessity upon the Creditors to let the World know quod defertur non auferter and that both Nations concerned may remember they did not only Smart but Bleed for the Iniquity and Ingratitude of the times wherein the Grieved and Oppressed could finde no Relief It is necessary also to remember that Sir Albertus Joachimy the Dutch Ambassador Resident in Ordinary in England Anno. 1644. Had notice given him of the Monition out of the High Court of Admiralty fixed upon the Exchange that several Persons were upon Examination in perpetuam rei memoriam to prove the Spoyls and Dammages of the Bona Esperanza with the loss of divers Marriners Lives but the said Ambassador would make no defence therein but suffered Iudgment pro confesso by default Although Fellony be Pardonable by the Prince the Trover is not even as in the Case of Murther but not the appeal The Subject hath a natural liberty at his own Suit to take his remedy otherwise all Right and Propertie might be Destroyed It 's Granted that the King may by His Prerogative make a necessary Garrison in time of War in any of His Subjects Houses Castles and Lands for the Common Defence and Protection of His People making compensation But a great Lawyer and Privy Councellor would affirm that the King having the Power of Peace and War may Grant away a Subjects Castle or other his Freeholds in a publick Treaty without any Satisfaction or Price which is against the Law of property and not warrantable by any Reason of State Conclusion VVHen I Consider the sorrows and sufferings of the said George Carew and Iames Bo'evc in Holland and Zealand whereof I was an Eye witness I cannot mention their names in England without Grief and Wonder finding them Groaning under Troubles and Oppressions at home in ascerting their Rights and Properties like true Englishmen who I am Confident at the same time would Sacrifice their Lives and Fortunes for the Crown of England The Case of the Bona Esperanza being prosecuted from the Year 1644. to 1664. Reduced to a certainty under a Grant for Reparation in the Year following could not be violated without a Breach of Trust yet suddainly Suspended for Reason of State The King wanting Seamen in the Summer and the Dukes Privateers Seamen in the Winter In more seasonable times the Creditors were obstructed by Seizures Arrests Proclamations Orders of Council Imprisonments and pretended Supersedeas's all against the known Laws and Liberties of the Subjects while the Proprietors of the Bona Esperanza during all those Arbitrary Prosecutions against them had not the least Overture for their Reparation or once admitted to a hearing at the Council Table for their Relief After Mr. Carew had to my own knowledge Expended Six thousand pounds and upwards in the said Cause having at this time all his Estate in London and Richmond Mortgaged to Sir Iames Butler of Lincolns Inn and Thomas Coleman Esq for 4500 l. Sterling and had paid Interest for the like Sum ever since the Year 1668. to Mr. Iohn Holwerthy Mr. Letton Mr. Iohn Foche Edward Holmewood and others Eminently known in the City of London The Estates of Sir William Courten and Sir Paul Pyndar being Indebted 7000 l. to the said Carew in right of his first Wife the only Daughter of Mr. William Walton a Turkey Merchant whose cause with the others Interested and Concerned being now brought home to this Parliament for Justice they cannot despair of a seasonable Redress according to the measure and nature or then Grievances and Opressions I must not omit therefore in this Conclusion to give a short Abstract of the most Arbitrary and unjust Sentence Pronounced in the Court of Admiralty in England for 1800 l. Damages against Sir Edmond Turnor George Carew Tyrence Birne and Ionathan Frost at the instance of Iacob Neitz and others which was confirmed by the Judges Delegates and Adjuncts in Hillary Term 1678. The Case and unjust Sentence upon it IN the Year 1665. Admiral de Ruiter having taken an old Fly Boat of 200. Tun Dutch Built named the Mary of Bristol belonging to several Merchants of that City bound homewards from Barbadoes with Sugars Cotton Indigo c. The said Ship and Goods so taken were Condemned by the Admiralty Court in Amsterdam as free Prize to the States In the Year 1666. The said Ship being set forth from Amsterdam to Sea by the name of the