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	oath_n	subject_n	1,037	5	6.8350	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35603	The case of Anthony Earl of Shaftsbury as it was argued before His Majesties justices of the Kings Bench, Trin. Term., 29. Car. 2 : being upon his confinement in the Tower &c. : with a speech of this worthy Earl, pleading his own case, and the liberty of the subject.	Shaftesbury, Anthony Ashley Cooper, Earl of, 1621-1683.	1679 (1679)	Wing C883; ESTC R4010	14,439	19

so I should submit but this Case of mine is Primae Impressionis and is a new way such as neither Mr. Attorney nor Mr. Solicitor can shew any President of and I have no other remedy nor place to apply to then the way I take Mr. Attorney confesseth that the King's pleasure may please me without the Lords If so this Court is Coram Rege This Court is the proper place to determine the King's pleasure This Court will and ought to judge of an Act of Parliament void if it be against Magna Charta much more may judge an Order of the House that is put in Execution to deprive any Subject of his Liberty And if this Order of Commitment be a Judgment as the King's Counsel affirms then it is out of the Lords hands and properly before your Lordships as much as the Acts which were lately passed which I presume you will not refuse to judge of notwithstanding that the King's Attorney General saith that this Parliament is still in being I take it something ill that Mr. Attorney tells me I might have applied elsewhere My Lord I have not omitted what became my Duty towards the King for besides the Oath of Allegiance I took as a Peer or an English man there is something in my Breast that will never suffer me to depart from the Duty and Respect that I owe him but I am here before him he is always supposed to be here present and he alloweth his Subjects the Law My Lord they speak much of the Custom of Parliament but I do affirm to you there is no Custom of Parliament that ever their Members were put out of their own Power and the Inconveniences of it will be endless Mr. Attorney was pleased easily to answer the Objection of one of my Counsel If a great Minister should be so Committed he hath the Cure of a Pardon the Prorogation or a Dissolution but if the Case should be put why forty Members or a greater number may not as well be taken away without remedy in any of the King's Courts he will not so easily answer and if in this Case there can be no relief no man can foresee what will be hereafter I desire your Lordship well to consider what rule you make in my Case for it will be a President that in future Ages may concern every man in England My Lord Mr. Attorney saith you can either release or remand me I differ from him in that Opinion I do not insist upon a Release I have been a Prisoner above five Months already and come hither of Necessity having no other way to get my Liberty and therefore am very willing to tender your Lordship Bayl which are in or near the Court good as any are in England either for their Quality or Estate and I am ready to give any Sum or Number My Lord this Court being possest of this business I am now your Prisoner The Court delivered their Opinion Seriatim Justice Jones Such a Return made by an Ordinary Court of Justice would have been ill and uncertain but the Cause is different when it comes before this High Court to which so much respect has been paid by our Predecessors that they have deferred the Determination of Doubts conceived on an Act of Parliament until they have received the Advice of the Lords and now instead thereof it is demanded of us to controll the Judgment of all the Peers and given on a Member of their own House and during the continuance of the same Session The Cases where the Courts of Westminster have taken Cognizance of Priviledge differ from this Case for in those it was only an Incident to the Case before them which was of their Cognizance but the direct point of the Matter is now the Judgment of the Lords The course of all Courts ought to be considered for that is the Law of the Court Lane's Case 2. Rest. and it has not been affirmed That the Usage of the House of Lords has used to express the matter more particularly on Commitments for Contempts and therefore I shall take it to be according to the course of Parliament 4. Inst. 50. It is said that the Judges are Assistants to the Lords to Inform them of Common Law but they ought not to Judge of any Law Custom or Usage of Parliament The Objection as to the continuance of the Imprisonment has received a plain Answer for it shall be determined by the Pleasure of the King or of the Lords and if it were otherwise yet the King could pardon the Contempt under the Great Seal or discharge the Imprisonment under the Privy Seal I shall not say what would be the consequence as to this Imprisonment if the Session were determined for that is not the present Case but as the case is the Court can neither Bayl nor Discharge the Earl Wild Justice The Return no doubt is illegal but the question is of a Point of Jurisdiction Whether it may be examined here This Court can't meddle with the Transactions of the most High Court of Peers in Parliament during the Session which is not determined and therefore the certainty or uncertainty of the Return is not material for it is not examinable here but if the Session had been determined my Opinion would be that he ought to be discharged Rainsford Chief Justice This Court has no Jurisdiction of the Cause and therefore the Form of the Return is not considerable We ought not to extend our Jurisdiction beyond its due limits and the actions of our Ancestors will not warrant us in such an Attempt The Consequence would be very mischievous if this Court should deliver a Member of the House of Peers and Commons who are committed for thereby the business of Parliament may be retarded for it may be the Commitment was for evil behaviour or undecent reflections on other Members to the disturbance of the Affairs of Parliament The Commitment in this case is not for safe Custody but he is in execution of the Judgment given by the Lords for the Contempt and therefore if he should be bayled he would be delivered out of execution for a Contempt in facie Curiae there is no other Judgment or Execution This Court has no Jurisdiction and therefore he ought to be remanded I deliver no Opinion whether it would be otherwise in case of a Prorogation Twisden Justice was absent but he desired Justice Jones to declare that his Opinion was That the Party ought to be Remanded And so he was remanded by the Court. FINIS October 23. 1679. I Do Appoint Robert Pawlet to Print this my Speech And that no other Person presume to Re-Print the same WILLIAM SCROGGS