Selected quad for the lemma: religion_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
religion_n	good_a	king_n	prince_n	3,500	5	5.4628	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A55327	Of trade 1. In general. 2. In particular. 3. Domestick. 4. Foreign. 5. The East-India. 6. The African. 7. The Turky. 8. The Spanish. 9. The Hamburgh. 10. The Portugal. 11. The Italian. 12. The Dutch. 13. The Russia. 14. The Greenland. 15. The Swedeland. 16. The Denmark. 17. The Irish. 18. The Scotland. 19. The plantation. 20. The French, &c. Also, of coyn. Bullion. Of improving our woollen manufacture. To prevent exporting wooll. Of ways and means to increase our riches, &c. By J.P. esq; to which is annex'd, the argument of the late Lord Chief Justice Pollexphen, upon an action of the case, brought by the East-India Company against Mr. Sands an interloper.	Pollexfen, John, b. ca. 1638.; Pollexfen, Henry, Sir, 1632?-1691. Argument of a learned counsel, upon an action of the case brought by the East-India-Company.	1700 (1700)	Wing P2780; ESTC R218994	111,770	258

may hope to retrieve our Trade but if instead thereof we should continue wallowing in Luxury and scrambling who shall get most one from another it may be feared we shall indanger the loss of all and justly incur the Sentence pronounced by the Wise Man He that is in love with his folly shall perish in it London July 15. 1696. FINIS THE ARGUMENT OF A Learned Counsel UPON AN Action of the CASE Brought by the East-India-Company AGAINST Mr. Thomas Sands an Interloper LONDON Printed for B. Aylmer at the Three Pigeons in Cornhill 1696. De Termino Paschae Anno xxxvi Caroli II. Regis In Banco Regis Gubernator ' Societas Mercator de London in Oriental ' Indiam negotiant ' against Tho. Sands AN Action upon the Case wherein the Plaintiff declares That Our Lord the King 3. Apr. 13 C. II. by his Letters Patents reciting that the Company of Merchants trading to the East-Indies have been long a Corporation and enjoyed divers Liberties and Privileges by divers Grants from Queen Elizabeth and King James That the King was informed that divers Inconveniences and Disorders were committed to the Prejudice of the Company at the Petition of the Company the King grants ratifies and confirms to the Governour and Company of Merchants of London trading to the East Indies That they should for ever be a Body-Politique by the Name of Gubernatoris Societatis Mercator ' de London in Oriental ' Indiam negotiant ' Ac eos per Nomen Gubernatoris Societatis Mercator ' in Oriental ' Indiam negotiant ' Vnum Corpus Corporal ' politicum in facto nomine realiter in perpetuum fecit ordinavit constituit stabilivit declaravit per Literas Patentes illas With Powers to purchase sue and be sued by the Name of Governor and Society of Merchants of London c. And that they and all those that then were or should be of the said Company and all their Sons at their Ages of 21 or more and all their Apprentices Factors and Servants who should be imployed by the Company in the said Trade to the East Indies beyond the Seas might traffick and use the Trade of Merchandize by Sea by the Passages and Ways discovered to the East-Indies Beyond the Cape de Bona Speranza unto the Straits of Magellan in such Order Manner and Form Freedom and Condition as from time to time at any publick Assembly or Court holden by or before the said Governor and Company by or betwixt them of the said Company or the greater Part of them present at such Assembly or Court shall be limited or agreed and not otherwise any Diversity of Religion notwithstanding so as the Trade be not with any Christian Prince or State in League with our King who shall not accept of their Commerce but refuse to accept the same And that the Company their Factors Servants and Assigns in the Trade of Merchandize shall for ever have the whole and sole Trade and Traffick and the whole Freedom Use and Privilege of trading and merchandizing to and from the East-Indies in such manner as before mentioned And that the East-Indies or the Isles and Places thereof shall not be used or haunted by any of the King's Subjects against the true Intent of the Letters Patents And by the same Letters Patents the King commands all his Subjects that none of them shall visit or frequent or trade in the East-Indies unless with the Licence and Agreement with the Company first had under their common Seal That by Vertue of this Patent the Plaintiffs have been and still are a Corporation trading to the East-Indies with the Inhabitants thereof who at the Time of the Letters Patents granted were not nor yet are Christians nor Subjects of any Christian Prince or State but Infidels Enemies and Adversaries of the Christian Faith And that their Trade hath been to the Profit of the whole Kingdom and Encrease of the King's Customs That this Trade cannot be carried on but by a Company or Body Politick And that from the making the Letters Patents they have had and ought to have had the sole Trade there That the Defendant Sands being a Subject of the King 's but no Member of the Company nor being Son Factor Apprentice or Servant or Assignee after the Letters Patents viz. 19 Jan. 34. Car. nunc to the East-Indies beyond the Cape de Bona Speranza and this Side the Straits of Magellan in certain Places called Atcheon Mecklapaton and Porto Novo with a Ship called the Expectation hath traded and merchandized And divers Wares in the said Ship to these Places transported there bargained and sold and other Merchandize there bought and into this Kingdom Imported without the Licence and against the Will of the Company in eorum praejudicium depauperationem manifestam and against the Form of the Letters Patents ad damnum of the Company 1000 l. Plea The Defendant demands Oyer of the Letters Patents which are set forth in haec verba And thereby after the naming the Governor the 24 and constituting a general Court of Assembly and the Powers of Elections of their Officers That the King doth grant as in the Declaration so far as there mentioned But then in the Clause of Grant of sole Trade at the End thereof they have omitted this And that the said Governour and Company and every particular and several Person that now is or hereafter shall be of the Company shall have full and free Liberty and Licence in form aforesaid to and from the said East-Indies according to the Orders Ordinances and Agreements hereafter to be made at their publick Courts In the Recital of the Clause prohibiting others to trade without Licence under the common Seal they leave out a Part of that Clause which is this Upon Pain that every such Person that shall trade to or from the East-Indies shall incur the Forfeiture of his Merchandize he shall bring into the King's Dominions contrary to the Purport of this Charter or which the Company shall find in the East-Indies where they traffick and also of the Ship wherein the Merchandizes are transported one half to the King the other to the Company and Imprisonment of the Offender Then follows a Clause of Grant That the Company for any Consideration or Benefit to be taken to their own Use may grant Licence to any Stranger or other to trade to or from the Indies Then the King grants to the Company That the King will not without the Consent of the Company give Licence to any to or from those Places Then there is a Clause That none of the Company shall have a Vote in the general Assembly unless he have 500 l. in the Stock And after Oyer the Defendant pleads the Statute of the 5 E. 3. c. whereby 't is enacted That the Seas shall be open for all Merchants to pass with their Merchandizes wherever they please And that he by Vertue thereof did trade as in the Declaration

is not only the Members of the Company that were at the Time of the Corporation but those that after should be Members and their Sons their Apprentices Factors and Servants that are licensed by this Patent If licensing to trade with Infidels be a Trust and Prerogative in the King to be given to such Persons in whom the King can have Confidence that they will not be conversing with Infidels change or prejudice This can't be granted to a Body Politick and their Successors which may have Continuance for ever or to their Sons Factors Apprentices and Servants Persons altogether unknown not born nor in rerum natura when the Patent was made Suppose such a Licence to you to trade with Enemies I say 3. Supposing it to be in the King's Prerogative in Preservation of Religion to licence yet he can't grant this Prerogative to you that you shall have Power to grant Licence to whom you will Yet all this is done by your Patent for you have not only thereby Power granted you for your Apprentices Factors and Servants which are Persons that you your selves nominate and appoint at your Discretions and undoubtedly very religious But by your Patent it is expresly granted that the Company for any Consideration or Benefit to themselves may grant Licences to any Merchant Stranger or other to trade to or from the Indies And that the King will not without the Consent of the Company licence any other to trade Can this be a good Grant Can the King grant from himself his Kingly Care and Trust for Preservation of Religion to you that you shall manage it and that the King will not use such his Power without your Consent So that supposing that there is by the Law such a Trust reposed in the King for Preservation of Religion as you would have it yet the Grant to you is void in it self and then you have no more Right than we and consequently can maintain no Action against us 2. To consider the Books that you have cited to maintain this religious Point 1. Brownlow's Reports a Book printed in the late Times not licensed by any Judge or Person whatsoever The Roll is Michelburn against Bathurst Mich. 7 Jac. B. C. Rot. 3107. setting forth that the King had granted the Plaintiff his Commission to go with his Ship Tiger to the East-Indies to spoil and suppress the Infidels and to take from them what he could That there were Articles betwixt the Parties for Account and Shares of what should be got and upon those Articles a Suit in the Admiralty And what is it that is in the Case Nothing to the purpose but the Book mentions only what my Lord Coke said upon the Motion for the Prohibition Only a sudden occasional Saying not upon any Argument or Debate nor to the then Case So that a Man must be very willing that will much rely upon such a Saying I can't call it an Authority 2. For Calvin's Case That an Infidel is perpetuus Inimicus and can maintain no Action or have any thing and that we are in perpetual Hostility and no Peace can be made with them It is true that this is said in Calvin's Case but there was nothing there in Judgment that gave Occasion for it so that I can't think that it was much considered before it was spoken The Books there cited to prove it are Reg. 282. And all that I can find therein is that in a Writ of Protection granted to the Hospitallers of the Hospital of St. John's of Jerusalem it is said that the Hospital was founded in Defence of Holy Church against the Enemies of Christ and Christians But doth this prove that Infidels are perpetui Inimici with whom no Peace can be made that can maintain no Action The other Book cited is 12 H. 8.4 a Trespass brought for taking away a Dog and in the debating whether this Action did lye or not it is said That if the Lord beat his Villain an Husband his Wife or a Man outlawed or a Traitor or a Pagan they shall have no Action because they are not able to sue an Action So that this also is but Discourse and sudden Thoughts and Sayings where the thing was not in Question And what Authority is there in such Sayings It is true that Christian Religion and Pagaism are so contrary one to the other as impossible to be reconciled no more than Contradictions can be reconciled But because they can't be reconciled that therefore there should be perpetual War betwixt them and us perhaps is an irreligious Doctrine and destroys all Means of convincing Infidels to the Faith And besides these extrajudicial and occasional Sayings in these Books cited are of little Authority For I can't find any Book or Case much less Judgment or Authority for such Opinions in so great a Point as this is But on the other side if a Man considers the general Course and Practice Trade and Commerce and legal Proceedings a Man would think That my Lord Coke could not be in earnest in what he hath said about Infidels For let a Man consider what a great Part of the World we have Commerce with that are Infidels as Turks Persians the Inhabitants of Barbary and other Countries Spain and Portugal were also possessed by the Moors who were Infidels till about the Year 1474. about 200 Years since they were driven out for till then for near the Space of 700 Years the Moors possessed both Spain and Portugal Have we not Leagues and Treaties with the Princes and Inhabitants of the Infidel Countries receiving Embassadors from them and sending Embassadors to them and Ministers always residing with them Have we not from Time to Time Peace or War with them in like manner as with Christian Kings and Countries If Infidels be perpetui Inimici if in perpetual Enmity then we may justifie the killing of them as those that we are in Hostility with wheresoever we meet with them 17 E. 4.13 b. 2 H. 7.15 Adjudged that any Man may seize and take to his own Use the Goods of an alien Enemy 'T is the Price of his Adventure and Victory over his Enemy If an Infidel be any Enemy any Man may then take away the Goods of an Infidel and have them to his own Use And this would be a good Trade if this be so Mr. Sollicitor in his Argument was pleased to cite many ancient Rolls out of H. 3. and E. 1. and about those Times concerning those Princes handling the Jews In Mr. Pryn's Book that he calls The second Part of a short Demurrer to the Jews long discontinued Remitter into England printed in 1656. In which Book I believe an hundred Records and Histories are cited to shew how they were about those times handled The Time that they did exact and much enrich themselves by Usury to the great Impoverishment of the People And that the Princes of those Times polled them taxed them and took it from them again at Pleasure