Selected quad for the lemma: state_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
state_n	king_n	lord_n	treasurer_n	1,067	5	10.6279	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A60565	A brief abstract of the case concerning the letters patents for reprizals (hereunto annexed) against the States-General and their subjects whereupon Capt. Compton Gwyther, William Coates, Joseph Bullivant, John Baxter, Francis Wansell, Francis Martin, John Gibson, and William Jones, prisoners in the Marshalsea, are to be tryed for their lives, according to the common law of England, on the 18th of February instant, upon the Statute of 28 Henry 8. cap. 15 under the pretence of piracy, for taking a Galliot-Hoy (called the Love of Rotterdam) laden with 160 tun of wine, and prunes, on the 3d of December last, bound from Bourdeaux to Dort / faithfully recollected out of all the originals by Thomas Smith Gent. ; with some remarkable observations both upon the matters of fact, and the law in the whole case.	Smith, Thomas, Gent.	1681 (1681)	Wing S4228; ESTC R12870	9,089	8

by the said Letters Patents in lieu and satisfaction of their Debts that amounted to 64320 l. sterling which was by consent of all parties assigned to John Graham Esq and John Brown Gent. on the 14th of May 1666. with power to recover the same by force of the Patrent as by the said Deed and Schedule of the Creditors Names annexed thereto appears In the same year several Attempts were made to reprize some part of the Debt and Damages in the Channel and several Ships were brought in by force of the said Grant but in regard it was in time of War the Dutchmen traded under the Colours of Hamburgers Swedes Oastenders and others in Alliance with England that there was not so many Prizes condemned as paid the Charges of Equipping out Ships to take them And the King wanting Seamen in that juncture there was a suspention of any further Execution until times of Peace if the Debt and Damages were not in the mean while composed by the States or the East-India Company of the Netherlands In the year 1677. A Treaty of Peace and common Alliance was concluded at Breda between the King and the States wherein it was mention'd generally That all Offences Injuries Damages and Losses and all Actions and Pretences of either side should be obliterated and disannulled and all Letters of Reprizals Marque and Countermarque comprehended therein That although the persons interessed in the Letters Patents held themselves not obliged by the said Treaty nor their particular Right included as others who had only a bare ambulatory Authority revokable at the King's Pleasure yet they did acquiesce for a time being unwilling to obstruct the King's Affairs after the most dreadful Fire and Plague in the City of London That in the year 1672. upon new differences between the King and the States a second War was proclaimed and the Treaty at Breda declared absolutely void and of no effect whereupon the Proprietors and Creditors addressed themselves again to the King and Council That His Majesty would be graciously pleased to take care that they might have satisfaction and reparation for their Debt and Damages in a publick way rather than by putting the Letters of Reprizal in execution in all times of Peace Then a select Committee of Lords of the Council whereof the Earl of Shaftrbury was one reported upon a Reference in this Case That the States had cancelled all Obligations of past Treaties and Agreements and left His Majesty and His Subjects as free in all Justice and Equity as if they never had been made reciting the said Letters Patents and Debt stated therein Wherefore it was just and seasonable for the King to insist upon Reparations for the Loss and Damages aforesaid as by the original Order of Council and Report thereupon ready to be produced appears In pursuance whereof instructions were given to the Plenipotentiaries from the King to insist upon intire satisfaction in the next Treaty Then Mr. Carew having procured a Pasport from the States Embassadors to travel through Holland with Mr. John Sherland to sollicite that Affair by Order of the King and Council they were apprehended contrary to the Law of Nations and committed by the States of Holland as Spies and Carew condemned to be Executed which had been effected if Mr. Walkendonck and Advocate Sass had not been by way of Retortion committed to the Tower where they remained Prisoners during that War as Carew and Sherland did in Holland That in the year 1674. a second Peace and common Alliance was concluded at London between the King and the States upon a Compact and Agreement amongst other things that 800000 Pattacoons should be paid to the King at four equal proportions by the States 200000 whereof was paid upon ratifying the Treaty to Alderman Backwel for other Services and the remaining three parts which were to be paid in 3 years following was by confederacy and combination between the Earl of Danby Lord high-High-Treasurer of England and the States of Holland assign'd to the Prince of Orange for pretended Debts of his Father and Grandfather contracted for old Arms and Shipping upon the late King's Accompt and no further provision made for the Bona Esperanza and Henry Bona Adventura then the durable Grant aforesaid for Reprizals But in the said Treaty an Article was projected by the States That the Treaty at Breda and all former Treaties should stand in full force without contradicting that Treaty Chatham and the cancelled Obligations forgotten The Creditors and Proprietors being surprized at this sudden seperate Peace caused protests to be made to the chief Magistrates at the Hague Amsterdam and all the principal Cities in Holland and Zealand That if a considerable part of the Pattacoons were not assigned for the present towards the Debt and Damages relating to the said Ships they should be necessitated to put in Execution their particular Letters of Reprizals when the States should be at Peace with all Nations that common clamours might not obstruct the due prosecution thereof That in the year 1676. several Actions at Law depending in the Ordinary Courts of Justice in Amsterdam Middleburgh and the Hague at the Suits of the Administrators and Assignees of Sir William Courten Sir Paul Pyndar and Sir Edward Littleton against Jacob Pergens and the Heirs and Executors of Peter Boudaen for Monies due upon Bonds Bills of Exchange Merchants Accompts in Partnership of Trade and Legacies amounting in the whole to 132000 l. sterling no ways relating to the said Letters Patents for Reprizals being ready for Sentence were positively Interdicted by express order from the States of Holland who prohibited the respective Judges from giving any Sentence in the said Causes upon pretence that all particular Actions whatsoever were discharged and extinguished by the said two Treaties made and concluded at Breda and London as aforesaid from which Arbitrary Order the persons Interessed appealed to the States-General to Reverse the said Order being an apparent Breach of the Laws of Common Amity and Alliances who answer'd They could not intermeddle therein the States of Holland being Soveraigns in their own Province Then the Proprietors and Creditors appealed by two several Petitions to the King and Councel for Justice and Reparations in the case of the Letters of Reprizals and the other Civil Actions depending at Law as aforesaid whereupon two several Orders were made on the 24 th of July 1677. that they should be heard on the 10 th of October following and that all persons concerned therein should attend with their Councel and Advocates which they did accordingly but could not then be heard nor at any time afterwards although they often and earnestly solicited the same more especially the said Carew who hath further expended 5000 l. and upwards concerning the premisses at home and abroad for which his Estate in London and Richmond is in Mortgage having paid Interest for the said Monies so expended many years together to several eminent persons in the City of London

under the Great Seal of England the highest Security of the Kingdom It is very observable That the Proprietors and Creditors which have waited with so much patience to a miracle do aver That since the King's Restauration they have not by the judicial and durable Grant for Reprizals nor by any other ways and means whatsoever gotten half their Expences and incident Charges concerning the Premises Wherefore they humbly hope in due time to repair and satisfie themselves their Debt Costs and Damages by force of their Letters Patents When the Grant passed to Carew who had the Right and Administration in Law to the Damages an Authority vested in him to compel the payment by force which he could not do before It is not a bare and ambulatory Authorit that passed as in every ordinary Commission but an Interest of 151612 l. coupled or joyned with an authority whereby the King binds himself to see it satisfied paid and the Reasons and Arguments why it should be so and not otherwise are unanswerable 1. It 's granted pro confesso there was a real Debt and Damages contracted by the States 2. There was a provision made in a publick Treaty An. 1662. for a full and intire satisfaction and reparation for it 3. That Carew upon passing the Patent was injoyned by the Lord Chancellor Hyde to release ten thousand Pounds due to him out of the Customs in discharge of Sir John Wostenholm's Debts contracted upon the late King's Accompt which were bona fide paid by Sir Edmund Turnor out of that individual Money his name being used only in trust in the said Patent for Carew and others 4. That several of Courten's Littleton's and Pyndar's Creditors gave up their Bonds and Securities for an assignment of a due proportion of the said Debt so secured by Patent with power to put the same in Execution when they see their own time and opportunity Yet notwithstanding the Ministers of State in this Age are not ashamed to wound the King's Honour and Reputation by their Arbitrary and Extrajudicial Orders of the Council-Table with a pretended Supersedeas and Proclamation as forms and ways of repealing recalling and revoking the said Letters Patents so solemnly obtained under those considerations that cannot be extinguished without satisfaction and reparations by one side or the other It would be a President of the most dangerous consequence in the world to all civil Society and Commerce if it should rest in the King's Power or the States to take away the Subjects right and remedy without a compensation The Law of England is possitive in it that there can be no other ways to repeal or make void the King's Letters Patents than by judicial proceedings either by Inquisition or a scire facias that the parties concerned may have liberty to plead and defend their own Right which they cannot do unto a White-Hall Supersedeas on Proclamation The Lord Coke in his Reports says that an Indictment is not to be concluded contra Regiam proclamationem but contra Leges Statuta c. for the King cannot create an offence by his Proclamation which was not an offence before for that would be to change the Law And in the fourth part of his Institutes cap. 8. p. 88. treating of the Jurisdiction and Office of the Lord High Chancellor of England and the Judgments concerning cancelling of Letters Patents by scire facias says Quod praedictae literae patentes dicti domini Regis revocentur cancellentur evacuentur adnullentur vacue invalidae pro nullo penitus habeantur teneantur ac etiam quod irrotulamentum eorundum cancelleter cassetur adnihiletur c. And all this is to be done judicially by hearing the parties and not by any Order of Council Supersedeas or Proclamation which the King or States may do by Scire facias when the Debt is paid recovered or compounded By the grand Charter of England confirmed by so many Acts of Parliament wherein the King is a party no man shall be disseised or destroyed but by legal tryal nor Iustice denied or delayed but right preserved by the Law of the Land And the King and his great Ministers of State are sworn to observe the same accordingly Admitting a Foreign Sovereign Prince granting Letters Patents for Reprizals to a Corporation of his Subjects against a Sovereign State that had spoiled them of their Ships and Goods to the value of a million of Rix Dollars under the same circumstances that the Grant should continue effectual in the Law until the Debt and Damages should be recovered Afterwards the said Prince and State treat togethere and settle a common Alliance upon a sum of Money given to the said Princ without mentioning the particular Grant to the said Corporation of his Subjects for the Rix-dollars and then becomes insolvent admitting the said Prince or his People are the Debtors And the Corporation unsatisfied puts in Execution against the said State the Letters Patents remaining inrolled in the Supreme Court of Judicature upon Record and takes Ships to the value of the Spoil and Damages mentioned in the Patent The Question is Whether it would not be deemed an act of Inhumanity against the Law of Nature in the State to prosecute any of the persons or their Agents they had formerly spoiled for their Lives as Pirates acting under the said Patent and coming under the Power of the said State Or whether it would not be an abomination and most horrid act in the Prince or his Ministers to prosecute those for Pirates that he himself or his People ought in Conscience Reason and Equity to satisfie No men can be safe in their Lives Liberties or Estates under a Government where there is a failer of Justice that the Subjects cannot be protected according to the Laws of God and their Country Fiat Justitia pereat mundus Actum per T. S. Feb. 12. 1680.