Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	common_a	law_n	statute_n	4,861	5	8.7366	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A95314	A true state of the case concerning Sir Edmond Turnor Kt. and George Carew Esq depending upon an especial appeal, to the judges delegates, with adjuncts from a sentence pronounced against them, and others in the admiralty court, at the instance of Jacob Neitz, Andreas Vanden Bogaerd, Michael Vander Plancken, and others, subjects of the King of Spain.		1677 (1677)	Wing T3110; ESTC R230459	4,912	4

in the following Articles of the said pretended Libell it 's alledged that Tur●●● and Carew ratified allowed and confirmed the seizure of the Ship Godilive of Brugis and her Lading and the disposal of the Goods taken out by Birne and others And the damnifying the rest of the Goods by lying in regard Frost and Birne proceeded to adjudication in the Admiralty in the names of Sir Edmond Turnor and George Carew Although neither of them the said Turnor and Carew gave any such Order or did at any time lay out any Money or promise by way of contribution towards the prosecution thereof for any Fees or Salaries to Advocates Proctors or Registers who were imployed in the said Process before Sentence neither are any of these things made out in the proofs transmitted pro ut c. 3 Admitting that Sir Edmond Turnor had also signed the Deputation to Captain Birne whereby he might have seized any Ships Goods or Merchandizes belonging to the States General and their Subjects Yet if he had taken or seized any Ships or Goods belonging to the Subjects of any other Prince or State he had no Warrant or Authority from Turnor or Carew so to do or to break bulk before Adjudication or to do any thing beyond the force and effect of the Letters Patents such Actions are personal injuries and by the Law of England no man shall suffer for the offence of another and Birne himself was Arrested for it and had taken upon him to defend it and given in good Bail accordingly 4. It is against the rules of all Justice that any man should be condemned before he be heard and how Sir Edmond Turnor and George Carew should make their defence upon any Action or Libell against them being not Arrested or Legally cited or summoned to see such Libell admitted against them Wherefore such an Action Proceedings and Sentence upon it is void and null to all intents and purposes of the Law 5. It appears upon the pretended claimer's own shewing throughout their whole Process transmitted wherein so much Paper is spoiled that the greatest damages were occasioned by delay of proceedings after the Capture for which the said Claimers were condemned in expensis retardati processus at the instance of Birne and Frost that only Prosecuted in the names of Turnor and Carew And it also appears in the proofs that the Embeazelments were done by particular persons in the Ports Havens and Rivers of Chichester and Pool within the Bodies of the Counties of Sussex and Dorcet and ought to be tryed there according to the Common Laws and Statutes of England by matter of Record and those persons to be questioned only by Action of Trover or by Information that did the wrong there cannot be any president found that ever any Admiral Commissioner of the Peace or any other Officer or Minister whatsoever who was neither particeps Criminis nec Muneris was questioned for any thing done contrary to a Legal Warrant and Authority given or granted out by either of them but that only the party offending was called to question for exceeding his Commission or Authority In the 42 of Ed. III. it is enacted that no Man be put to answer but by due Process and matter of Record according to the old Law of the Land and if any thing be done to the contrary it shall be void in Law and holden for Error In the 8. Ed. II. Tit. Coron 399. It is no part of the Sea where one Man may see the Land of both sides and of any thing done there the Country may have knowledge whereby it appeareth that things done there are tryable by the Country that is by Iury and consequently not in the Admirall Court In Ed. I. Tit. Avowry 191. A Replevin was brought in Murfords Case for taking of a Ship on the Coast of Scarborow in the Sea and for carrying the same into the County of Northumberland Berry Chief Iustice of the Common Pleas adjudged when a taking is partly on the Sea and partly in a River the Common Law shall have Iurisdiction By the several Statutes in the 13 of R. 2. Cap. 3. and the 15. of R. 2. Cap. 5. and the 2. of H. 4 Cap. 11. wherein all the Subjects of England have an interest it is enacted that the Court of the Admiral shall have no Iurisdiction or to meddle with any thing done within the Realm by Land or Water within the bodies of any County of England And there being grievious Complaints made in those days by the Commons of England that the Court of Admiralty had incroached upon the Iurisdiction of the Common Law to the intollerable grievance of the Subjects it was enacted that any person finding himself grieved against the form of the Statutes and the Common Law shall have his Action pronounced upon the Case against him that pursues in the Admiralls Court and shall recover his double damages against the pursuant and the said pursuant shall Incur the penalty of 10 l. to the King for the pursuit so made if he be convicted thereof The seizure was adjudged Legal upon several circumstances in the Case the damages afterwards was through the default of the pretended Claimers And the embeazilments being done by several persons within the bodies of the County of Sussex and Dorcet where the municipal Law of England and not the Civil Law hath the Jurisdiction It is positively against the Rights Liberties and Properties of the Subjects that any such Sentence should be confirmed against Sir Edmond Turnor and George Carew As Sir ●dmond Turnor and George Carew do not take upon themselves to excuse Captain ●irne and Jonathan ●rost or the persons who are Bail for either but leave them to the due course of Law So the said Turnor and Carew cannot but accuse the pretended Claimers or owners of the Fly-bote and her Lading for that the pretended Claimers and their Agents persisted in their Practices to defraud the King as they had done his Subjects whereby they forfeited both Ship and Goods upon two several offences against several Acts of Parliament as by several Certificates under the Officers hands of the Custom-house and other Testimonials appears viz. After the Ship and Goods were restored as belonging to the Subjects of the King of Spain and ought to have gone for Brugis or Ostend Yet they did contrary to the Act of Navigation bring Ship and Goods to the port of London without Letters of Safe-conduct and there deliver them being of the growth of France which was a forfeiture of both Ship and Goods by the Law Secondly The Wine Salt c. were Entred as English Goods by an English Man that they had procured to Enter the same to defraud the King of Forraigners duties so they wanted not Common Claimers to make them first Spanish and then English for their purposes notwithstanding they were Hollanders Goods It is to be observed that Sir Edward Turnor and George Carew in regard they did not repectively make the least defence in the said Cause before the Sentence have severally purged themselves upon Oath before a Master of Chancery to confirm all that they have respectively alledged in their own defence before the Judges Delligates which Affidavits ought to be read and come in Issue at the hearing and finall determination of the said Cause Actum 12th of January 1677.