Selected quad for the lemma: life_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
life_n	estate_n	land_n	tenant_n	4,546	5	9.9060	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A49982	An account at large of the Right Honourable the Earl of Danby's arguments at the Court of King's-bench at Westminster, upon his Lordship's motion for bail, the 27th day of May, term. pasch, 1682 together with the judges answers and the Earl's replyes, as they were then truly taken.	Leeds, Thomas Osborne, Duke of, 1631-1712.; England and Wales. Court of King's Bench.	1682 (1682)	Wing L918; ESTC R863	28,531	31

be able to tell him where he might repair for Justice which both Magna Charta and the Petition of Right are understood to have provided at all times for the Subjects Liberty But if his Lordship could not inform him where he might appeal forthwith for his Liberty in that Case he said that for that reason alone were there no other he ought of right to be admitted to Bail by that Court till he could be brought before such a Judicature as had power to discharge him He observed also that the Lord Coke in a Chapter on the King 's Bench did say that that Court might Bail for any Offence whatsoever and that in the said Chapter it was particularly observed that there had been such care taken by the Law to avoid failure of Justice even in small matters in comparison of Liberty that he gives there an Example concerning a Clerk or Officer of that Court For he takes notice of what things and against whom that Court hath power to hold Plea by Bill And amongst those he names against any Officer or Clerk of that Court and gives the reason because if they should be Sued in any other Court they would have the Privilege of that Court which might be the cause of a failure of Justice and from this his Lordship said it did appear that the Law intended that there should be no failure of Justice by the privilege of any Court how great soever it was for that as was said before the Law did abhor all failure of Justice And he said if such care had been taken against a failure in such small matters and not in what concern our Liberties all English men ought Justly to break out into the like Exclamations as the same Lord Coke and many others did in their Speeches in Parliament and in their Pleadings 3º 5º Car. upon the Arguments of the Grand Habeas Corpus at that time where the Lord Coke breaks forth into this Expression Shall I have an Estate of Inheritance for life or for years in my Land And shall I be Tenant at Will for my liberty Shall I have property in my Goods by the Laws And not liberty in my Person And thereupon he tells us That Perspicuè vera non sunt probanda As taking from granted that our liberties were not to be doubted where our properties were so secured And the King says he had distributed his Judicial power to Courts and to his Ministers of Justice Who are to see right done And he said the Lord Cook gave the Reasons of those Laws which are against undue Imprisonments and that one of those is for the indefiniteness of time which he says may be perpetual during Life and that his words are That it is unreasonable to think that a Man has a Remedy for his Horse or Cattle if detained and none for his Body Indefinitely Imprisoned For that a Prison without any prefixed time is a kind of Hell And here his Lordship said that he hoped the Court would either allow him Bail or tell him a prefixed time when he should be Tryed or Discharged he did then also Quote the Case of the Duke of Suffolk 28 H. 6 and the opinions of Prescot and Fortescue who were eminent Judges who said that he ought not to be Committed though for Treason without Especial Cause of the Treason shewed which had not been in his Case He further said That many other Principal Gentlemen of that Parliament had spoke most sensibly on the same Subject of Liberty and amongst the rest Sir Robert Philips had said To have our Liberties which are the Souls of our Lives taken from us and to be pent up in Goals without Remedy by Law and this to be so adjudged for so that Court had then thought sit to deny Bail for Reasons which were at that time also best known to themselves he cries out Oh improvident Ancestors Oh unwise Fore-Fathers to be so curious in providing for the quiet possession of our Lands and to neglect our Persons and Bedies And to let them lie in Prisons And without Remedy durante bene placito If this be Law what do we talk of our Liberties This says he is Summa Totalis of all Miseries He said also That Mr. Selden did in the same Parliament argue at a Conference with the Lords That in all Cases where any Right or Liberty belongs to the Subject by any Positive Law written or unwritten if there were not also a Remedy by Law for enjoying or regaining of this Right of Liberty when it is violated or taken from him the Positive Law were most vain and to no purpose and it were to no purpose for any Man to have any Right in Land Liberty or other Inheritance if there were not a known Remedy by which in some Court of ORDINART JVSTICE he might recover it and in this Case of Right of Liberty of Person if there were not a Remedy in the Law for regaining it when it is restrain'd it were to no purpose to speak of Laws Here de desired leave to shew his Lordship what Sir Nicholas Hide when sitting as Lord Chief Justice in that Court did say on this occasion viz. That the Kings pleasure is his Law should take place and be Executed and for that do we sit here and whether the Commitment be by the King or others This Court is the place where the King doth sit in Person to do Right if Injury be done and if it appear that any Man hath Wrong done to him by his Imprisonment We have Power to Deliver or Discharge him And he further said That the same Lord Justice Doderidg Jones and Whitlock Answering the Prisoners Council at that time did say the Attorney General had told them That the King had done it and that they the Judges do ever trust him in great Matters and here he took occasion to say That he hoped that the Kings Consent to his Bail and his Declaration of his Innocency would be now as much trusted in this Court He Cited also the Arguments of Mr. Calthorpe for Sir John Corbet on the same occasion who sayed That admit the Commitment were lawful yet when a Man hath continued in Prison a reasonable time he ought to be brought to Answer and not to be continued still in Prison for that it appears by the Books of our Laws that Liberty is a thing so favour'd by the Law that the Law will not suffer the continuance of any Man in Prison longer then of necessity it must He Cited also Mr. Hackwell who said upon the same occasion That the Law admits not the Power of Deteyning in Prison at pleasure when the Imprisonment is but Pro Custodia for a Man by long Imprisonment might otherways be Punished before his Offence and he mention'd an Expression of his That long Imprisonment was vita pejor morte He mention'd how the Commons at the end of the Parliament 3 Car. did desire That the Judges might declare