Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	allegiance_n	king_n	law_n	1,738	5	5.0572	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87771	The kingdomes case: or, The question resolved, whether the kings subjects of this realm of England may or ought to ayd and assist each other, in repressing the persons now assembled together, under the name of the kings army. Pro lege rege grege adillam propugnandum. informandum. conservandum. By him that prayeth studieth the peace of the King. kingdome. April 24. 1643. It is this day ordered by the committee of the House of Commons in Parliament, concerning printing, that this booke, entituled (The kingdomes case) be printed by Iohn Wright. Iohn White.	He that prayeth/studieth the peace of the King/kingdome.	1643 (1643)	Wing K583; Thomason E100_9; ESTC R13566	6,998	15

before is apparently manifested And therefore his MaIesties command by word is not sufficient but it must be in all Cases to Iustifie the party by or from some of his Courts of Iustice or under some of his MaIesties Seales thereunto Appointed Co. Ma. Cha. 186. b. 187. forevery His Masesties Seales are appropriated to eath Court as the Laws of this Kingdome have disposed and every Seale will not serve in every case and therefore untill the foresaid persons produce such warrant as is according to law it is not onely lawfull but commanded by the Lawes of this Kingdome that all perssons able should by all or any meanes whatsoever endeavour to apprehend oppose quell the aforesaid persons assembled as aforesaid under the name of the Kings Army which is proved by a familiar Case viz. a Capias issueth to the Sheriffe of S to take A ad respondendum c. and before the taking A procureth a protection or a Supersedeas the Sheriffe of S may Iustifie the taking of him untill the shewing of the Protection or Supersedeas by A unto him and that the Protection or Supersedeas doe appeare legall both for the matter manner Court and Seale And if the Sheriffe doe not take him having fit opportunity an Action of the case lieth against him he hath broken his Oath and is to be amerced notwithstanding these countermands concealed or kept in the pocket and so in the present case Secondly but admitting they have a command from the King under His MaIesties great Seale or any other legall Seale yet that command put it as strong as may be maketh no alteration of the former conclusions Because it is already proved that this Assembly and demeanor in it selfe considered is against Law in case the King command it not now it a thing be in it selfe against Law the Kings command doth not nor cannot make it lawfull for the Kings commands or prohibitions against the knowne Lawes of the Kingdome are ipso facto voyd and so saith Bracton Nihil aliud potest Rex quam quod de Iure potest and the rule is generall as well in the King case as in the case of a common person Quod contra legem fit pro infecto habetur and the Actors and Executioners of these comm … are to be punished as if no such command or prohibition were For instance The King commands A to arrest B without cause which is an unlawfull act and A accordingly doth arrest hun B may have an Action of false imprisonment against A notwithstanding the Kings command 16 Hen. 6. numende faits 182. So in like manner if the King should command A to kill B and he accordingly should kill him T. H. 8. Coron 229.19 H. 6 63 c. A may be indicted at the Kings suit therefore notwithstanding the Kings command and executed for the same as if no such command had beéen In like manner if the King should command A to ●ill a Iudge of Assize while he is doing his Office and he accordingly kill him this is high Treason notwithstanding the Kings command and the Indictment shall be contra Legeanciae suae debitum against the duty of his Allegiance for his duty of Allegiance is onely to obey the King in his commands according to Law and not contrary to Law and if this be Treason as it is by the Common Law to kill a Iudge as afore then much more hamous Treason is it to kill the Iudges of that Iudge which are the Lords and Commons in Partliament The same Law is if the king command A to take away the Gods of B without Iust cause and A doe accordingly A shall therefore be punished as if no such command had béen as appeareth by the present experience of the late Sheriffes for taking away mens Goods for the Shipmoney and by the Officers of Monopolies who have not in any manner beene excused for that they had the kings Command and so is the ancient Experience of former times 42 ass 5. If the Rebels in Ireland had as they pretend they have the kings Commission for what they doe it would not in any manner abate or mitigate their offence but that it should be high Treason and they to be apprehended and proceeded against as if they had no such Commission and the same Law is in the case put of the persons assembled here in England in like Rebellious manner aforesaid Thirdly the King cannot by his command under the great Scale or otherwise deny hinder or prohibite Iustice to any of his SubIects or any Iust thing to them or for them to be done but this command unto the Cavaliers to rob spoyle and take away mens goods hill imprison and wrong their persons without making satisfaction for them is a denying hindering and prohibiting Iustice to them and for them As if the King grant a protection under the grant Seale to I. N. directed to the Sheriffs and other Officers commanding them that they shall not arrest the said I. N. during one whole proze next answeing at any mans suite and this per praerogativam nostram quam nolumes esse arguendam yet if the Sheriffe doe not arrest the laid I. N. upon processe against him he shall be amerced and this command or prohivitions of the Kings shall he no excuse to him and so is Co. Mag. Chars 56. Where particular cases are put to that purpose Quere 3. But suppose the aforesaid persons calling themselves the Kings Army were no Peace-breakers Traytors nor Felons as before we have proved them to be yet being so declared de facto by the Iudges of the suppreame Court viz the Parliament Whether are the SubIects of this Kingdome bound by the Lawes of the same to give credit to their Iudgement and so farre to beleeve them as to endeavour to apprehend such persons so declared and proceed against them accordingly Answer THey are 1. Because the Iudgement of a Court of Record is quasi Iuris dictum that is the sentence or dictate of the law for the Court is as it were the mouth of the Law by which it speakes to all that are Within the Iurisdiction of it now we are bound to beléeve the sentence or dictates of the Law when they are thus uttered unto us without dispution or er amination for that these Courts are intrusted by the Lawes to utter and expresse their sence in the cases that are within their cognizance and Iurisdiction Therefore if the Lords and Commons in Parliament Assembled make an Ordinance or Declaration that is their Iudgement and bindeth all persons with in the Iurisdiction of the Court untill it be reversed which must onely be done in Parliament and so is the expresse booke of 8 hen 4.14 If all persons within the Iurisdiction of any other interiour Court of Record within Kingdome are hound to beléeve and obey the Iudgement of the same Court untill it be reversed then much more those within the Iurisdiction of the highest and supreame But