Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	day_n	lord_n	week_n	2,075	5	9.7497	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38869	An exact account of the trial between Sr. William Pritchard, Kt. and alderman of the city of London, plaintiff, and Thomas Papillon, Esq, defendant in an action upon the case at the sessions of nisi prius holden for the Court of King's Bench at the Guild-Hall in the city of London, on Thursday the 6th of November, 1684, in Michaelmas term, in the 36th year of the reign of King Charles the Second, before Sir George Jefferies, Kt. and Baronet, then Lord Chief Justice of the said Court of King's Bench : to which is added, the matter of fact relating to election of sheriffs, as it was printed in the year 1682.	Pritchard, William, Sir, 1632?-1705, complainant.; Papillon, Thomas, 1623-1702, defendant.; England and Wales. Court of King's Bench.	1689 (1689)	Wing E3587; ESTC R12402	61,421	42

Laws to the Citizens of London so the conducting the Election and declaring upon whom the choice through the majority of Votes does fall hath time out of mind appertained unto and been claimed by the Sheriffs And tho' the Common-Hall be not properly a Court save for the punishing my Lord Mayor and Aldermen when they transgress against the Duties of their Places and the Trusts reposed in them yet not only the Right of electing Sheriffs is in that Assembly and Convention but the Power of appointing the manner in which they will have the Election managed does entirely reside in the Members who constitute that great Convocation Yea so far is my Lord Mayor from having either a Negative upon the Hall or a Right to prescribe unto the Citizens whom they shall chuse that he hath not so much as Power and Authority to take the Suffrages of the Electors or to adjourn or dissolve the Hall without the leave and consent of the greater Number of the Free-men then and there present And as all this hath been declared and irrefragably demonstrated in several Papers already published so it hath been affirmed under the Hands of as good Lawyers as are in England and particularly of those Gentleman whom the City have thought worthy to be entrusted in the defending their Charter against the Quo Warranto put in for the seisure of it But in defiance of all that hath been said such is the easiness of my Lord Mayor to say no worse that he hath suffered himself to be prevailed upon to despise Law violate Charters and act in direct opposition to the Duty of his Place and all this for the gratifying of those who have not only commenced a Suit for the subversion of the Corporation but openly profess'd that they seek the Destruction of its best and most honourable Members And as the recounting the chief Heads of the matter of Fact is indispensably necessary for the Information of the present as well as future Ages so the bare rehearsal of those things will fill the World with Amazement as well as proclaim the Guilt of some Persons both to this and following Generations And that which offereth it self first to our notice is the Accession of some Ministers to my Lord Mayor to procure him to drink to Mr. North which his Lordship without the least Consideration of that Gentleman's fitness for the Place or any attendance to the Design in subserviency whereunto that motion was made unto him First tamely complied with and afterwards performed notwithstanding the consequences which would thereupon ensue were faithfully represented unto him The next step which his Lordship took in Pursuance of the like Advice was to run counter not only to ancient usage but to an Act of Common-Council 7 Car. 1. in sending for Mr. North and making him seal a Bond to hold Sheriff for the Year ensuing before he was so much as named or proposed to the Common-Hall that was not till midsummer-Midsummer-day which was some weeks after my Lord Mayor had caused him under the for feiture of 1000 l. to undertake to serve The third Advance made by Sir John Moore against the Duty of his Place and the Customs of the Corporation was his altering the Form of the Precepts for the summoning the Common-Hall against the 24th of June And it is remarkable that whereas not only by the Charters the Citizens are to meet to chuse annually from among themselves Sheriffs but that all former Precepts run in a strain importing their being to assemble to elect Sheriffs the present Mayor did by an unpresidented and arbitrary Power summon them to convene to confirm one Sheriff whom he had drank unto and to chuse another Nor could his Lordship stop his Irregularities here but both after a Declaration upon whom the Election had fallen through the majority of Hands and after the Poll which had been demanded and wherein himself had acquiesced was peaceably and fairly carrying on he came attended with a Company of Men whereof many were not Free-men divers were armed with Swords and several were known Papists and not only interrupted the Poll but contrary to Law and Right assumed to himself a Power of adjourning the Hall. And having thus far embark'd in sinistrous and unjustifiable ways his next Proceeding was partly by himself and partly by Citizens whom he countenanced to misinform his Majesty and contrary both to Truth and his own Knowledge to abuse the King in causing him to believe that divers peaceable Persons had been guilty of a Riot upon which misreport as the two present Sheriffs were committed to the Tower so the principal blame of it must be imputed to his Lordship And as it is the first instance on the File of History of Persons being indicted of a Riot when lawfully assembled together and quietly proceeding in that which they met about So I question whether our Law-Books furnish one Example of the Council-boards committing two Officers whose Place and Duty it was to manage the Poll and govern the Assembly not only without the hearing of any to speak in their behalf but in a Case the Cognisance whereof belongs to the Courts of Common-Law But his Lordship's Illegalities hitherto had been both ascribed to the ascendancy which some had gotten over him and had been easily pardoned had they terminated here but it seems he was too far engaged to retreat and therefore his next Step was to take upon him contrary to Sense and common Reason as well as Law to adjourn the Common-Hall July 5th not only by a Gentleman who being no Free-man could not be substituted his Lordship's Deputy or locum tenens but by Words signifying only a desire that they would adjourn which did not import the adjourning of them but left it to themselves whether they would do so yea or not And accordingly the Hall without whose Consent they cannot be adjourned nor dissolved by any till they have finished the business about which they are assembled not only refused to be adjourned but required the Sheriffs to go on with the Poll. Which as it was managed with all Prudence and not shut up till after more than usual and due Proclamation yet his Lordship would not rest satisfied with what was then done meerly as is to be supposed because the Election fell upon Mr. Papillon and Mr. Dubois and therefore obtained an Order from the King for a new Hall. For missing what he had designed in getting the present Sheriffs turned out by a Convention intended to have been made up of one Party of Men which would have been called a Common-Hall had not other Citizens upon smelling the Project assembled without Warning he had no other Retreat left but to apply to his Majesty for an Order to begin again And tho' we have nothing to say concerning his Majesty's Order save that the printing it for C. R. by which Persons upon the first view are apt to think they meant Charles Rex did not express that

been your Liberties or Properties Gentlemen or any Man's Nay theirs that were engaged in this Design if they had any for those were things much talked of by them In what danger had you and all you had for Life Estate Relations and every thing been But it pleased God in his infinite Mercy to showre down upon us and upon this City and the Government in a mighty Preservation putting it into the Hearts of some in Power to bring the City Militia some of them together and prevent this Mischief or else God knows this whole City might have been by this time once more in Ashes and most of the King's Subjects wallowing in their own and one another's Blood. And their Party too would have felt the sad Effects of it no doubt as well as others So that the Consequence of it was to destroy the Government and that appears by the Parties being engaged in it it could not be to gain a Right to make this Hubbub and ado to arrest the Magistrates of the City and then take Advantage for some other wicked Purpose Another Point of Circumstance that is considerable in this Case is the particular Persons that were to be sued The Mandamus that was directed to the Lord Mayor and Aldermen and there is a Return made not by this or that or the other Man but in the Name of them all the whole Court. How comes it then to pass that my Lord Mayor Sir Henry Tulse and those other Gentlemen must be sued and arrested but I warrant you Mr. Cornish or his Party were not to be medled with No he had so much Zeal for Justice and to do the Defendant Right that if he should have been called upon to appear he would not have stood out an Arrest so just a Man he is and such a Lover of Right without all doubt but he was in no danger I dare say they loved one another too well to sue one another That I say Gentlemen is another Circumstance that carrieth Malice in it For I must tell you these things cannot be smothered they are as apparent as the Light And tho' it falls to my turn in this Cause to enmind you of them yet they are as well known to you all as the Passages in your own Families No Gentlemen there was not a Pursuit of Right in the Case it was a designed Piece of Villainy on Purpose to affront the Government nay to destroy it and set us all together by the Ears And if he were ten thousand times Mr. Papillon I would and must tell him so and if it were not for some such devilish End and Purpose he would never have been so greedy of an Office he had before declined and fined for and which he was only called to by a turbulent seditious factious Party that had further aims in it Otherwise I know Mr. Papillon's Humour so well that I am confident he would much rather have been contented to sit in his Counting-house than in Guild-Hall in a scarlet Gown Alack a-day I know Mr. Papillon knows how to spend his time to better Advantage to himself Ay but say the Council for the Defendant we did go on very tenderly and civilly and respectfully for there met at Mr. Cornish's House who I pray Mr. Papillon and Mr. Dubois and Goodenough the prime Attorney in this Cause And there forsooth they tell Goodenough be sure you do nothing but what is exactly according to Law and be sure you carry it very civilly and respectfully to my Lord Mayor good Mr. Goodenough alack-a-Alack-a-day how wonderful pious and considerate these People are If Mr. Cornish had gone to my Lord Mayor as it was his Duty to do being then an Alderman we know it full well and said to my Lord Mayor there were such Persons at my House talking of such a matter and I come to advertize you of it and desire you would consider of it he had shewn his Piety and his Zeal and Love for Justice much more in that than in admitting such Cabals in his House But we know very well as well as if we were in them that they must go Hand in Hand in all these seditions and factious Businesses It is plain Gentlemen what the Design was from the Beginning to the End nothing but to cause a Tumult and Confusion in the City in Order to put that damned hellish Conspiracy for the destruction of the King and his Brother and every Man that was honest and loyal in Execution This is certainly known to you all and that there should be such a Parcel of People untowardly linked together in this matter not one man of which that they can pretend to be in anywise a Well-wisher to the Government or to any that have any share in it No they are all Persons that are obnoxious to the Government that had any hand in it but none of them Church of England-men or Friends to her Establish'd Worship notorious Dissenters or profligate Atheistical Villains that herd together This Gentlemen is plain English and necessary to be used upon all these Occasions So that it remains now upon your Consciences whether upon all these Circumstances that have been mentioned you think the bare obtaining of a Right in a Legal Course or some worse thing was designed We all know Mr. Papillon to be a wealthy Man an able Merchant one that had rather have minded his Affairs abroad or at the Exchange than the expensive troublesome Office of Sheriff of London but that something was to be done to wreak a damned malice and Revenge upon the Government And sure he must think as his Party it seems did that they would not be sufficient to subvert the Government unless he could get into that Office. This I tell him openly and let him or his Party make their Remarks upon it as they please But you are to Judge whether these things be a sufficient Evidence of malice to support the Plaintiffs Action There was questionless a Devilish Malice fixed in his Heart and Mind and he wanted an opportunity to effect it and he thought it for his own security to be best to take this Course and nothing else was in it For abundance of People have a Mind to do mischief but want opportunity and safe ways to do it in And Oh they rejoice if they hit upon a project that shall carry a specious pretence and colour of Law for then they think they are safe enough As in Case I have a Mind to do any particular Man an injury in his reputation and business the business must not be done down-right by going to every Body and saying such an one is Poor or a Beggar and do not trust him but I must cunningly and slily insinuate it I am sorry for such a Man I believe he is an honest Man but however he oweth Money and under this sort of Sniveling Canting Whining sly rate do any Man an injury whatsoever and yet forsooth he shall have no