Selected quad for the lemma: state_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
state_n	lord_n	majesty_n	secretary_n	2,166	5	10.4883	5	true

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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

That in the month of April 1680. the persons Interessed in the Debt and Damages so ascertained under the Great Seal of England according to Law agreed and prepared to fit out three small Vessels with Men and Provisions to Reprize what they could take towards their satisfaction and reparation many Orphans and Widows being concerned in the same that want their Bread which is eaten by Strangers Then Orders of the Councel-Table issued out to the Lords of the Admiralty in an Arbitrary way to stop all Men and Ships employed in that Service The Prince of Orange and the States insisting upon their broken and cancelled Treaties importuned the Secretaries of State by their Embassador ignorant of the Laws of England to move His Majesty to Revoke the said Letters Patents by Supersedeas which was sent into Holland under the Great Seal without calling the parties by Scire facias Judicially to plead for themselves or offering to refund any of the Pattacoons resting yet in the States hands at Interest or making any other Compensation for the Debt and Damages aforesaid so secured by Law wherefore to prevent a failer of Justice and not to suffer a President of such dangerous consequence to the Rights and Properties of the Subjects of England the said Captain Compton Gwyther Commander of the Ship called the George Bona Adventura being ready fitted and entred in the Admiralty according to the usual form and custom formerly observed did in the month of June last proceed upon his intended Voyage having a Commission for that purpose The said Captain after many difficulties having met with divers Storms at Sea spent most part of his Provisions and sold several of his Guns and small Arms in Harbour many of his men disserting him at last took the said Galliot Hoy on the 3d. of December 1680. near Dungeness laden with Wine and Prunes from Bardeaux for Dort being first assured that the said Ship and Lading belonged to the Subjects of Holland The said Ship being so taken and the Dutchmen used with all kindness and humanity who took with them on shore what they pleased to carry the Captain intending to send the Bills of Lading with one of his men and one of the Dutch to the Admiralty Court in London in order to a Condemnation keeping two of the Ships Company on board to be Witnesses to all their Actions but meeting with further distress of Weather was forced to sell four Tun of Wine most part whereof being upon the Deck to provide a Pilot more Men and Provisions then coming to Anchor near Cows Castle in the Road the Dutchmen that were set on shore applied themselves to Daniel Gyles Marshal of the Vice-Admiralty in the Isle of Wight promising him 100 l. if he would set out Boats with Souldiers to Re-take the said Ship and Lading from the said Captain and his Men that had boarded and taken her which he did accordingly and having seized upon the said Captain took away his Commission and brought him and the seven men before mentioned Prisoners up to London on foot pinnion'd together as Thieves and Robbers having about ten days after his seizure procured a Warrant or Order of Councel to that purpose and committed them into the Custody of Mr. Lowman Keeper of the Prison of the Marshalsea on the first of January 1680. where William Joynes Marshal of the High Court of Admiralty caused Irons to be put upon them for some time until Mr. Carew desired the contrary saying it was a sad return for all the Services and Sufferings of Sir William Courten and Sir Paul Pyndar that had such vast Estates and Credits so employed for the benefit of their King and Country unto whom the Crown of England stands engaged for 250000 l. sterling The said Daniel Gyles having taken the said Galliot-Hoy with her Lading out of the possession of the said Captain Gwyther and Company by an Arbitrary power without any legal Warrant or Authority and keeping the same by force he was Arrested this Hilary-Term at the Suit of the Proprietors for 2500 l. damages and also at the Suit of the Seamen in the Marshalsea who had their Apparel their Armes and other necessaries taken from them by the Souldiers employed by the said Gyles But the Judges of the Kings-Bench lately questioned in Parliament upon the Motion of Mr. Pollexfin discharged Giles upon Common Bail pre-judging the said Cause with that heat and partiality threatning that the Captors should be Hang'd for acting under the said Letters Patents The seizure made by Captain Gwyther and his Company was not done Felo animo with a Felonious intent having a Commission in the nature of a Withernam which was intended to be brought to Judgment in the Admiralty by a determination of the Law according to his Instructions in the Commission So the selling of four Tun of Wine was not criminal but a breach of Trust at most and the taking the Ship and Wines out of the Captains possession by Gyles was both an Assault and Trespass not answerable the Wines being wasted and spoiled since in Sir Robert Holmes his Custody The Galliot-Hoy whereof Sebastian Jansen was Master did belong to the Heer Sebastian Vice-Admiral of Rotterdam who applies himself to the States of Holland for satisfaction and they refer him to the East-India Company of the Netherlands who call upon Mr. Pergens and Boudaens that are caution to indempnifie them for 85000 Gilders part of the damages for the Bona Esperanza c. and they move the Prince or States to allow part of the Pattacoons unsatisfied so Justice follows them home to their own doors Jurae naturae equam est neminem cum alterius detrimento injuria fieri locupletiorem Some Remarkable Observations both upon the Matters of Fact and the Law on the whole Case IT is very remarkable and apparent by the very Words both in the preamble and the body of the Letters Patents annexed remaining of Record that the King was not surprized or mistaken in his Grant But that by the common Law of England it was within his power and prerogative Royal to do the same of common right to his Subjects under all those circumstances conditions and limitations therein expressed and declared The persons interessed in the Bona Esperanza were prompted in the year 1664. by several Ministers of State to bring in an Abstract of their Loss and Damages with the State of their Case to the Committe of Grievances which was done accordingly The Chairman the next day reporting the same to the House of Commons a Vote passed to supply the King with five and twenty hundred thousand po unds After that other supplies followed to several millions besides all the Dutch Ships taken by the King's Fleet in order to the protection of his Subjects for all which and the large present to the Duke of York for his Conduct at Sea this only Debt of 151612 l. was stated and ascertained for reparation with costs and charges

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-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