Selected quad for the lemma: state_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
state_n	secretary_n	sir_n	smith_n	1,074	5	11.9922	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

to call Copies of Orders of Council Citations who should have understood better being bred an Advocate that the Council Board was no Court of Iudicature and that Citations could not Issue from that Board Yet without the least Summons Sir Ioseph Williamson one of the Principal Secretaries of State for the time being gave a warrant to a Messenger who with a Constable and a Smith on the 4th of October 1677. Broke open Mr. Carew's Chamber and Study doors in his absence and took away what Papers and Writings they pleased and afterwards Seized upon Mr. Carew himself who was Committed to the Gate House by another Warrant Signed by the Earl of Danby Sir Ioseph Williamson and others on the 24th of October 1677. and there detained from all his own private Affairs all the whole Michaelmas-Term The Judges of the Kings-Bench Bar refusing to take Bail which was ready in Court upon the return of several Writs of Habeas Corpus but still the said Carew was Re-manded back into Custody at the instance of the Kings Attorney General and Sollicitor General until he should comply with the said Ambassador's desires who by his Secretary demanded that the said Carew should acquit all his pretences whatsoever in a most Solemn manner as appeared by the Affidavit of Mr. Robert Ayleway the Copy whereof hereafter follows A perfect Copy of Mr. Ayleway's Affidavit RObert Ayleway of London Gentleman maketh Oath that he this Deponent Adressed himself with two several Petitions from George Carew Esq the Copies whereof are hereunto annexed and are true Copies as he this Deponent believed the one to the King and Councel on the 9th Instant November and the other to the Dutch Ambassador on the 10th Instant both Importing the said Carew's Liberty out of his Restraint in the Gate-House And this Deponent as to the first he delivered it into the Kings own hand at the Council Board Whereupon it was Ordered the same Evening that Mr. Carew should be discharged upon the Ambassadors Certificate that he is satisfied or to that effect then this Deponent delivered the other Petition to the said Ambassadors Secretary the next day following who Read the said Petition and said it was well and told the Deponent that he would shew his Excellency the said Petition and speak to him about it and this Deponent should receive his Answer thereupon the next day at White-Hall if this Deponent would meet him there which he this Deponent accordingly did and after some Conference and Debate of the matter the said Secretary told him this Deponent in the presence of Mr. Robert Coke and other Gentlemen that his Excellency was not satisfied And now the said Carew must lye in Prison untill he hath satisfied the World that he hath abused the States and that he hath no Title to any such Pretentions and that his Excellency expected that Mr. Carew should quit his Pretentions in such an Extraordinary and Solemn manner that there should never be the least mention made of them again and repeated the same several times over or words to that effect And at last said I might be assured that it was Expected and would be insisted upon so that it was in vain to make any further application unless he would meaning Mr. Carew quit his Pretentions Robert Ayleway Jurat 13 Die Novembris 1677. Coram me William Wilde SO the said Carew was continued in Prison until he was forced to Subscribe a Paper drawn by Mr. Secretary Williamson worded to this Effect that the said Carew had caused the said Ambassador to be cited by two Orders of the Councel-Board and also caused the said Orders to be Printed without Licence for which he asks his Excellency Pardon upon which he was Discharged paying Serjeant Dike his Fees Afterwards the said Paper was caused to be Printed and most Scandalously fixed upon the Exchange and White-Hall-Gate pretending to vindicate the Dutch Ambassador who got neither Credit nor Honour by this Transaction from any Intelligible Persons either upon the Exchange or even amongst the Dutch Congregations in London and elsewhere in England In this Juncture of time the Creditors and Petitioners could not be heard at Councel-Board upon the said two Orders A new Alliance by a Marriage being in agitation between the Prince of Orange and the Lady Mary the Duke of Yorks Daughter which was promoted and effected by the Earl of Danby's procurement as the Author of the Impartial State of the Earl of Danby's Case Affirms for Rooting out the French Interest at Court and securing the Protestant Religion Then a small Memorial in writing of the Services of Sir William Courten and Sir Paul Pyndar for the Crown of England was delivered into His Majesties own Hand and several Lords of the Council-Table but not to lay any stress upon that as to the Merrits of the Forraign Causes in the two Orders of Council being Honorary Ingagements upon the Crown and Incumbant upon the King his Heirs and Successors for Debts contracted for Diamonds and other Jewels of the Crown as also for vast Sums of Money after the return of Sir Paul Pyndar from Constantinople where he had served King Iames and the Turky Company Eleven Years as Ambassador to the Grand Seigneur and much improved the Levant Trade which Debts are still owing yet nothing would procure so much as a Conference or the least Overture of any satisfaction or reparation for the Bona Esperanza c. The States General having made Peace with France and in a Common Alliance with their Confederats at Algiers The Creditors and Proprietors concerned in the Letters Patents for Reprizals aforesaid in the Month of April 1680. Looking upon it then a very seasonable opportunity to repair themselves the Dutch being at Peace with all the World a season that no Common Claymours could appear Whereupon they resolved to Equipp and set forth three several Ships and Pynaces in pursuance of the Authority granted as aforesaid and to that end and purpose concluded upon the Ships Names the Commanders viz. Captain Compton Gwyther Captain Reger Hawkshead and Captain Thomas Wood with their number of Men Guns and Victualling and entered the same in the Admiralty accordingly Captain Tyrence Byrne being appointed for one Ship while he was fitting himself with Men and Ammunition the Sails were taken away by an Officer pretending he had a lawful Warrant for the same from the Lords of the Admiralty as also to Arrest Richard Chappel Master of the Ship who was forced to give Bayl to answer a Charge as a Criminal And the said George Carew having a Summons from Sir Lyonel Ienkins to appear at the Councel-Board on the 11th of May 1680. He appeared and delivered this Petition following into the hands of the Right Honourable Iohn Earl of Radnor Lord President of the Councel To the Kings Most Excellent Majesty and the Lords of His most Honourable Privy Council The Humble Petition of George Carew Esq Administrator of the Goods and Chattels of

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

desire your Speedy Advice For if you shall find the Terms such as may be imbraced your Advice will have great weight with Me and if you find them Defective I hope you will give Me your Advice and Assistance how to get better Terms Vpon the whole Matter I doubt not but you will have a care of My Honour and the Honour and safety of the Nation which are now so deeply concerned The Substance of the Overtures in the said Letter being communicated to both Houses of Parliament were as follows viz. THat the States General and their Subjects should acknowledge the Kings Dominion and Soveraignty of the Seas by striking to the Kings Ships as was Proposed That a regulation of Trade should be settled and adjusted in the East-Indies by a certain number of Commissioners to be appointed of Each side and a Treaty Marine also settled by the said Commissioners within a certain time to be prefixed That Eight Hundred Thousand Pattacoons should be paid to his Majestie at four equal payments the first upon ratifying the said Treaty and the other by three Yearly payments That the Queen Regent of Spain should be Guarrantee for the performance of the said Articles Whereupon both Houses of Parliament Adressed themselves severally to the King to accept of the said Overtures for a Peace with the States seperate from France which were drawn into formal Articles wherein this Seventh Article was Interlarded concerning the Memorable Treaty at BREDA viz. VII Quod tractatus Bredae conclusus Anno Domini 1667. Sicut Etiam omnes alii precedentes trastatus per illum tractatum confirmari renoventur maneant in plena vi ac vigore in quantum presenti tractatui nullaetinus contradicunt But as to the Freedom and Advantage of Fishing upon the English Coast a Royalty so inherent to the Crown of England that His Majesty cannot Sell or Depart withall unto Strangers the Hollanders Say was thrown into the Bargain Gratis upon the account of the Prince of Orange so long as he shall injoy the Offices of Stat-holder Lord High Admiral General and other Offices and Honours of his Ancestors This last Treaty being Concluded Ratified and Published the Interested in the Bona Esperanza and Bonadventura Addressed themselves both to the King and the States General respectively to be paid and satisfied out of the Pattacoons Protesting otherwise that they should be necessitated to put their Letters Patents into Execution to Levy and Reprize their Debt and Damages aforesaid The Proprietors were in good hopes they should not meet with any difficulty in attaining their ends when they found the Treaty Signed by five Principal Ministers of State on the Kings side viz. H. Finch C. S. Latimer Ormond Arlington and H. Coventry For that the Warrant and Proceedings concerning the said Patent passed through the Lord Arlington's Office when he was Secretary of State and directed to Sir Heneage Finch to prepare the Bill when he was Sollicitor General in the time that the Lord Roberts kept the Privy-Seal and had been debated by H. Coventry when he was Ambassador at Breda and the Pattacoons left to the disposing of Latimer Lord High Treasurer of England who knew the Kings Honour and Reputation lay at stake with His Subjects concerning that Affair But yet nevertheless a 4th Part of the said Pattacoons were presently Assigned to be paid to Alderman Backwel for other Services and the Six hundred thousand remaining were transferred by the said Latimers advice and another Minister of State much admired in Holland to the Prince of Orange for old Debts due to his Father and Grandfather from the late King as is pretended and no care taken to satisfie the said 151612 l. with Damage either by his Majestie or the States but left in statu quo under all those circumstances aforesaid Wereupon Divers of the Creditors finding there Rights Liberties and Properties Invaded first strictly Examined the several Treaties and then reduced their Case into two Questions as follows and took the Advice of several most Learned Lawyers thereupon viz. 1 Whether the Letters Patents for Reprizals before-mentioned at large in Folio 4 5. and the Powers and Authority thereby granted can be Revoked Repealed or the Execution thereof Suspended by Proclamation Scire facias Supersedeas Articles of Peace or any way whatsoever before Satisfaction and Reparation should be had or made for the said 151612 l. to the Persons Interested and Injured or not 2 Whether any particular Debts due from the Subjects of the States General to Sir William Courten or Sir Paul Pyndar their Executors Administrators or Assigns by Bills of Exchange Bonds Accompts Covenants or other private Contracts in Trade were Released or Discharged by the said Articles of the Treaty at Breda recited in Folio 7. or were ever intended to be Comprized or Comprehended within the said Articles or not Answer to the First Question OUR Forefathers were so careful of Merchants Rights and Properties and so Provident for the Maintenance and Encouragement of Navigation and Commerce that in all Cases of Spoyls and Depredations whereupon any Offences Injuries Damages or Losses at any time happened to the Subjects of England at Sea the Injured applyed themselves for present Relief to the Writ de arresto facto super bonis mercatorum alienigenium pro transgr facta mercatoribus Angliae and the words Recited in the Writ are for that the Offence is done contra Legem Rationem and not contra pacem In those days the Persons and Gods of Merchants Strangers were Arrested in England for the Offences and Injuries committed by the Subjects of the Prince or State unto whom they belonged that did the Damage Whereupon the Subjects belonging to the Maritine Provinces under the Duke of Bourgundy and divers parts of France comming to the Staple and Mart Towns in England made great complaints to the King and Councel of grievous pressures upon them by suffering in English Ports and Harbours for the Offences of other Men. In consequence whereof an Act of Parliament passed in their favour 27. Edw. 3. Statute 2 Chap. 17 That the Rigour of those Writs should be taken away and in liew thereof in all Cases of Spoils the Subjects of England should for their Relief have the Law of Marque without Fraud or Delay therefore to prevent the failer of Iustice such Letters were to be granted Effectually otherwise liberty would be taken to commit the greatest Injuries and Offences whatsoever unpunishable to the prejudice of all Commerce and Humane Society Justinian agreeth herewith in his Book de jure Nat. And Grotius sayes that the later Lawyers calls it the Right of Reprizals the Saxons and old English Withernam and the French Letters of Marque In several Countries they are asked of the Iudges and by the Common Law of England they were used to be asked of the King but the Subjects finding many Delays and great Expences in those proceedings to their vast prejudice by Secretaries of State