Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	council_n	king_n	writ_n	3,088	5	9.2496	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34160	Hinc illæ lacrymæ, or, An epitome of the life and death of Sir Wlliam Courten and Sir Paul Pyndar ... with their great services and sufferings under the crown of England : together with a brief narrative of the case and tryal of certain persons for pyracy and felony on the 10th of February 1680 : upon a special commission of Oyer and Terminer, grounded upon the statute of the 28 of Henry the 8 / faithfully and modestly collected by Thomas Carew ... ; with some remarques thereupon.	Carew, Thomas, 1595?-1639?	1681 (1681)	Wing C563; ESTC R12035	39,994	28

dictus Dominus Rex nunc unquam seu aliqualiter fuit deceptus Rich. Wallapp R. Powell Edm. Saunders J. Somers Charles Molloy ON the first day of Easter-Term the said George Carew appeared in person at the Kings-Bench-Bar and moved the Court by Mr. Saunders his Councel that his Appearance might be Recorded which was done accordingly But no Information was brought in against the said Carew all that Term Then in Trinity-Term following the said Carew ordered his Clerk in the Petty-bagg to give Rules that the Attorney-General might Reply to the said Plea that Issue might be joyned in that Affair to make all things ripe for a final determination in Parliament either upon a Writ of Error or otherwise as occasion should offer But to this day no further Prosecution is made at the Kings Instance concerning the Scire Facias Wherefore several of the persons Interessed in pursuance of an Assignment indented and made the 14 th day of Iuly 1666. between the said George Carew of the one part and Iohn Graham Esq and Iohn Brown Gent. of the other part agreed to make a new Entry of five Ships and Pinnaces in due Form with the Register of the Admiralty Court de bene esse the week after Trinity Term and to set forth the same to Sea from time to time until the said Debt and Damages should be Recovered or a Composition made for the same according to the true intent and meaning of the said Letters Patents recited in the Plea to the Scire Facias aforesaid which they entred accordingly The Statutes of England in several Acts of Parliament are very positive in it that persons spoiled at Sea shall have the Law of Reprizals for their relief By the Laws of Moses Goods taken wrongfully away were to be restored fourfold which implyed the Damages sustained and the Costs in acquiring restitution By all Christian Precepts and Examples since Christianity came into the World it was practised in all Ages that Restitution was injoyned before any Absolution where the persons were of ability to do it To inforce the Argument in this Case something further it may be observed in the Patent recited in the Plea that the King foreseeing it was against all Natural Justice to mention any Pardon without a Restitution and Compensation to the Parties Injured the Hand points at the words ☞ That notwithstanding any Peace concerning General Reprizals yet this Remedy remains until satisfaction c. Which imploys that although he remits the Crimen Lasae Majestatis the particular Injury relates to particular Persons Nothing is more usual then Appeals of private persons after Soveraign Pardons whereby the Criminals have suffered for not making their Peace with the particular persons next of Blood But some will object that a Soveraign Prince may pro bono publico give away a particular Debt of his Subject although ascertained under the greatest circumstances But whether that assertion be consistent with the Law of England or that the particular should be satisfied out of the publick Purse or left to the proper Remedy granted I leave it to better Judgments upon Arguing the Plea It is remarkable that the said Daniel Gyles made a Contract with the Dutch-Skipper that he should give him the said Gyles 100. l. Sterling to Seize the said Captain Gwyther and his men who lay at Anchor near Cows-Castle with two of the Dutch Seamen on Board in the Prize-Ship and an English Pilot that the Captain had Hired in the Isle of Wight to bring the said Prize-Ship to London in order to her Condemnation And that the said Daniel Gyles in pursuance of his Contract Hired several Boats with Soldiers and came on board the said Prize-Ship called the Love of Rotterdam and there demanded ex officio as he pretended the Captains Commission and took it from him and the Money he had and Secured the said Captain and Seamen in Cows-Castle about the 9 th of December 1680. then took away the Prize-Ship wherein were seven pair of Pistols Swords and Pole-Axes of the Captains with all the English mens Bedding and Provisions that Boarded the said Ship which the said Gyles Seized and kept and alledged he might do it by virtue of the Kings Proclamation THat in Hillary-Term following the said Gyles appearing upon the Exchange in London several Actions were brought against him in the Kings-Bench for the said Ship Wine and other Goods whereupon he was Arrested and carried into the Powltry-Compter Who after several days Confinement being not able to give Bail moved the Court he might be Discharged upon Common Bail notwithstanding the Actious were for Trover and Conversion and Actions for Trespass on the Case at the Suits of the Proprietors the Captain and Seamen respectively to the Damages of 5000 l. and upwards Nevertheless the said Gyles was Discharged by Rule of Court upon Common Bail then the Ship and Goods were delivered in an Arbitrary way by Order of the Councel Table to the Lords Commissioners of the Admiralty and to Sir Robert Holmes who dispossessed the English Interessed persons of their Ship and Goods contrary to the Laws of Property and the Established Laws of England to the great Dishonour of the Government and the Damages of the persons Interessed and Injured as aforesaid who are in prosecution of their Right in the ordinary course of Iustice against the said Daniel Gyles and Sir Robert Holmes for the Ship and her Lading as also for False Imprisonment of the Men and detainng their Arms and other Goods from them A short Narrative of the Life and Death of Sir William Courten SIR William Courten was born in the Parish of St. Mary-Hill in London his Father and Mother in the time of Persecution under the Duke de Alva in Flanders having fled from Menen in the year 1567. into England for Protection having Transported all their Goods and Moneys to the City of London dealt in Silks and Fine Linnen during their Lives and left three Children Named William Peter and Margaret unto whom they gave plentiful Estats Sir Willlam being the Eldest Son was Bred a Merchant and his Fathers Factor sometime at Harlem and other while at Corterick where he Married his first Wife the Daughter of Peter Cromeling with whom he had sixty thousand Pounds Sterling In the year 1606. the said Sir William Courten entred into a Trade in Partnership with a Ioynt Stock in Company with Peter Courten his Brother and John Mon●y his Brother in Law that Married his only Sister the Widow of Matthias Boudaen her first Husband Two parts or the Moiety of the said Stock in Company belonging to Sir William and to each of the other a fourth part This Trade was carried on Ioyntly in Silks and Linnens until the year 1631. wherein was returned Communibus Annis one hundred and fifty thousand Pounds Sterling But besides that Trade in Company to Holland France and Flanders Sir William carried on his own particular Trade to Guinea Portugal Spain and

Good Intelligence and Understanding between the Ministers of State of both Nations and would have Executed the said Sentence if Mr. John Van Watchtendunck Commissioner of the States General and Advocate Sass had not been Prisoners in the Tower for Crimes of a very High Nature where they continued Prisoners even as Carew and Shirland did during the War which ended in a Separate Peace excluding France concluded at London Feb. 9. 1663 4. Whereby the States General were to pay 800000 Pattacoons to the King of Great Brittain for Damages at four equal Payments in four years The first whereof was paid to Alderman Backwell upon Ratification of the Treaty to the Kings use and the other three were Assigned to the Prince of Orange for old Debts contracted between His Father and Grand-Father and the late King Charles The Bona Esperanza being left in Statu quo without any other regard WHereupon several Questions were propounded concerning the special Grant aforesaid for Reprizals Frist Whether in such a Case under those Circumstances the Debt of 151612 l. and Damages were extinguished or discharged Secondly Whether the Remedy could be taken away or the Patent made null and void without any Satisfaction or Reparation to the Persons Interessed and Injured Which Being Resolved by Councel Learned in the Laws on the Negative as follows As to the first That no Act of State unless by Parliament can bind the particular Right of the Subject without satisfaction first made and that the King could not Release or Discharge any one that had done a private Injury to a particular person but that still be might pursue his Right by way of Law Secondly That Letters of Reprizal granted of Common Right and not of Grace and Favour when once the Power is vested in the Subject pursuant to the Law without any other Limitation then until the Debt and Damages shall be Recovered and Received The same cannot be bound or suspended by any subsequent Act of the King without Reparation the Laws of England having so secured the Subject that it 's not in the Kings power to dispose of His Subjects Goods THe Arguments they used to make good their Assertions inter alia were that the Letters Patents before-mentioned was a Iudicial Act whereby there was granted and confirmed such a permanent and Legal Authority vested with an Interest in Law for satisfaction of the Debt of 151612 l. and not a bare Ambulatory and Temporary Authority or Commission recoverable at pleasure for that such special Grants are required in due form of Law after divers Proceedings Citations Admonitions and Chargable Process in making out the Debt and Damages that oftentimes exceede the demands before they can attain unto Letters of Reprizal Iudicially to remain upon Record until satisfaction and Reparation otherwise the Consequences in Cases of Spoils might prove dangerous and destructive to Civil Society and Commerce there being no other way or Remedy under Heaven left for Recovery and Reparations for Injuries Spoils and Depredations done to the particular Subjects of England since the old Writs De Arresto Facto super bonis Mercatorum alieni genium pro Transgr ' c. in the Register and F. N. B. were taken away by the Statute Laws of the Realm whereby Reprizals were to Issue forth without delay in lieu thereof for satisfaction of Wrongs Losses and Dammages and the Law must not in any Case be rendred ineffectual However upon these Considerations several Addresses were made by the Proprietors and Interessed Creditors to the King and the States General Respectively not omitting the Prince of Orange whose Fortunes were raised by the last War when he was restored to the Offices Honours and Profits of his Father and Grandfather through the Sweat Blood and Labours of English men to have some satisfaction out of the Eight hundred thousand Pattacoons or any other ways as might seem most expedient But nothing could be obtained no not so much as a Hearing of their Cause Then least a failer of Iustice in this Case should be urged by the Foraign Creditors of Courten in France and Flanders or brought as a President against England where there was always the severest profession of Iustice Three Ships were entred into the Admiralty Court by the Proprietors with the Commanders Names number of Men Guns and Provision to Reprize what they could of the said Debt and Dammages according to the purport and intent of the said Letters Patents But upon notice thereof to the States General they Interposed by their Embassador to obstruct the prosecution then a pretended Super Sedeas issued forth afterwards a Proclamation to hinder the due Proceedings at Law yet all this while no offer was made of any Satisfaction either by the States General or the Prince of Orange or by the King of England or any of their Ministers of State respectively Afterwards a Dutch Ship being Laden with Wine and Prunes was taken by one of the said Commanders near the Isle of Wight in the Mouth of December 1680. in order to a Condemnation towards the Debt and Dammages aforesaid Yet several persons were so Blood Thirsty Malicious and Ignorant in the Laws of England as to prosecute the said Commander and his Seamen apprehending them with Warrants which they procured in the Kings Name whereby they were Arrested as Pyrats and Felons the said Warrants being as follows in haec verba CHarles the second by the grace of God King of England Scotland France and Ireland Defender of the Faith c. To our Marshal of our High Court of Admiralty of England And also to Daniel Giles Marshal of our Vice Admiralty of the Isle of Wight in the County of Southampton and to all Mayors Iustices of Peace Sheriffs Constables and other our Officers and Ministers whatsoever Greeting Whereas it hath appeared to Us in Council by the Examination and Confessions taken in the Isle of Wight before two of our Deputy Vice-Admirals and a publick Notary there That Compton Gwyther Commander of a small Vessel called the George Bona Adventura of about six and twenty Tons burthen Manned with Eleven men furnished with small Arms and Equip'd for taking any Ships Goods Moneys Merchandizes of the States General of the United Provinces by way of Reprizal by vertue of pretended Letters of Marque or Reprizal ☞ heretofore granted to Sir Edward Turnor Knight Deceased and George Carew Esq Did on the third or fourth of December instant near Dungeness in the dead of the Night and in a violent and Hostile manner Seiza on a Galliot Hoy called the Love of Rotterdam Burthen a hundred and sixty Tons Bastean Johnson Master laden with Wine and Prunes at Bourdeaux bound for Dort and by Force and Arms carried her into our said Isle of Wight where she now remains And that the said Daniel Giles our said Marshal hearing thereof in pursuance of our late Proclamation stopt the said Galliot Hoy and secured the said Compton Cwyther and his Company until he