Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	bind_v	law_n	nature_n	1,568	5	5.4669	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A96700	England's vvorthies. Select lives of the most eminent persons from Constantine the Great, to the death of Oliver Cromwel late Protector. / By William Winstanley, Gent.	Winstanley, William, 1628?-1698.	1660 (1660)	Wing W3058; Thomason E1736_1; ESTC R204115	429,255	671

Arbitrary wayes but we will try you by the rules of the good old Laws of England and whatsoever priviledge in your Tryal the Laws of England will afford you claim it as your Birth-right and Inheritance and you shall enjoy it with as much freedom and willingness as if you were in Westminster Hall to be tryed amongst your own Party and this we will do for that end that so at London your friends shall not have any just cause to say we murthered you with cruelty or denied you the benefit of the Law in taking away your life by the rules of our own wills Nay further said he Captain Lilburne it is true I am a Judge made by my Sovereign Lord the King according to his right by Law and so in a special manner am his Servant and Councellour and am to act for his good benefit and advantage And yet notwithstanding it is by the known Laws of this Land my duty to be indifferent and free from partiallity betwixt my Master and you the Prisoner and I am specially bound unto it also by my Oath and therefore you shall have the utmost priviledges of the Law of England which is a Law of Mercy and not of Rigour and hath the life of a man in tenderest and highest estimation and therefore it is the duty of a Judge by Law to be of counsel with the Prisoner in things wherein by his ignorance he falls short of making use of the benefit of the Law especially when he is upon the Tryal of his life Yea and to exhort him to answer without fear if he perceive him daunted or amazed at the presence of the Court Yea it is my duty to carry my self with all fairness and evenness of hand towards you and wherein that there shall seem any mistakes to appear in circumstances of Formalities to rectifie you For 't is my duty to help you and not to use any boisterous or rough language to you in the least to put you in fear or any wayes prevent the freedom of you defence and according to the Laws of England this is my duty and this is the Law And accordingly he gave me liberty to plead to the errors of my Indictment before ever I pleaded not guilty yea and also became willing to assign me what Councel I pleased to nominate freely to come to prison to me and to consult and advise with me and help me in point of Law This last he did immediately upon my pleading to the Indictment before any Fact was proved all which is consonant to the declared Judgement of Sir Edward Cook that great Oracle of the Laws of England whose Books are published by speciall Orders and Authority of Parliament for good Law who in his 3. part Institutes Chapt. Of High Treason fol. 29.34 compared with fol. 137.230 asserts the same Truly Sir I being now come before you to answer for my life and being no professed Lawyer may through my own ignorance of the practick part of the Law especially in the Formalities Nisities and Puntillio's thereof run my self with over-much hastiness in snares and dangers that I shall not easily get out of And therefore being all of a sudden bid to hold up my hand at the Bar I cannot chuse but a little demur upon it and yet with all respect to you to declare my desirableness to keep within the bounds of Reason Moderation and Discretion and so to carry my self as it doth become a man that knows what it is to answer for his life And therefore in the first place I have something to say to the Court about the first Fundamental liberty of an English man in order to his Tryal which is that by the Laws of this Land all Courts of Justice alwayes ought to be free and open for all sorts of peaceable people to see behold and hear and have free access unto and no man whatsoever ought to be tryed in holes or corners or in any place where the Gates are shut and bar'd and guarded with armed men and yet Sir as I came in I found the Gates shut and guarded which is contrary both to Law and Justice Sir the Laws of England and the Priviledges thereof are my Inheritance and Birth-right And Sir I must acquaint you that I was sometimes summoned before a Committee of Parliament where Mr. Corbet and several others have had the Chair and there I stood upon my right by the Laws of England and refused to proceed with the said Committee till by special order they caused their Doors to be wide thrown open that the people might have free and uninterrupted access to hear see and consider of what they said to me although I think the pretence that I am now brought before you for be the very same in substance that I was convened before Mr. Corbet for which was about Books and I am sure there I did argue the case with him and the rest of the Committee soundly out in Law proving that they were bound in Law and Justice freely to open their Doors for the free access of all sorts and kindes of Auditors And I did refuse as of right to proceed with them till by special order they did open their Doors For no tryal in such cases ought to be in any place unless it be publick open and free and therefore if you please that I may enjoy that Legal Right and Priviledge which was granted unto me by Mr. Miles Corbet and the rest of that Committee when I was brought before them in the like case that now I am brought before you which priviledge I know to be my right by the Law of England I shall as it becomes an understanding Englishman who in his actions hates deeds of darkness holes or corners go on to a tryal But if I be denyed this undoubted priviledge I shall rather dye here then proceed any further And therefore foreseeing this beforehand and being willing to provide against all jealousies of my escape the fear of which I supposed might be objected against me as a ground to deny me this my legal right and therefore beforehand I have given my engagement to the Lieutenant of the Tower that I will be a faithful and true prisoner to him He enlarged himself as to other particulars but these being the most material as to the relation of some passages of his Life I thought it necessary to insert them He having these requested freedoms granted him from Judge Keble his tryal went on which because of it self it is a large printed volume I shall onely hint at some things not to be omitted in it After he had ended his Speech Judge Keble told him that his requests were granted bid him look behinde him the Doors were open Mr. Prideaux the Atturney General excepted against the favour done him of the liberty of his Speech as at the beginning of his arraignment he had denyed to hold up his hand he further expressed that the Commission for the Tryal

of speaking were a thing planted in him by nature not unlike what Ovid in the business of composing Verse sung of himself What ere I try'd to write became a Verse As aften as he was constrain'd by his Office to condemn any guilty person which duty was incumbent upon him as being learned Councel to the Kings majesty whether in criminal matters of a lesser nature or in capital offences he never carried himself proud or lofty towards the delinquent but always milde and of a moderate temper and though he knew that it was his duty in behalf of the King to urge and aggravate the crime as much as in him lay against the guilty person yet he so carried himself that at the same time he lookt upon the fact with an eye of severity upon the person with an eye of mercy In matters of State when he was called into the Kings Privy Council he ever observ'd the best manner of counselling not ingaging his master in any rash counsels or such as were grievous to the people but rather temporate and equal insomuch as King James honoured him with this testimony That he knew the method of handling matters after a milde and gentle manner and particularly exprest himself that it was a thing highly pleasing to his Majesty Nor was he when occasion serv'd less gracious with the Subjects of the Kingdom then with the King himself he was ever very acceptable to the Parliamentary Committees while he sate there of the Lower House in which he often made Speeches with great applause After he was advanc't to the office of Atturney General and elected to sit in Parliament liberty was granted to him by common suffrage of sitting in consultation among them a thing not known to have been granted to any other Atturney General And as he had the praise of a good Servant towards his Master for as much as in nineteen years administration as he himself affirm'd he never incurr'd the Kings displeasure for any offence immediately committed against the Kings Majesty so he obtained the name of a good Master towards his own Servants and freely rewarded their diligent services with eminent Offices as often as they came into his power to bestow which was a main cause why he was almost wearied with prayers to receive into the number of his Pages so many young men of the better sort and sprung from noble families and if any of them abus'd his grace and favour that was onely to be attributed to the errour of his native goodness though it redounds to their perpetual infamy and intemperance This our worthy was a strict worshiper of the Divine Majesty for although it hath been a custom among the vulgar to brand political persons and men of eminent wits with the note of Atheism yet that he both acknowledg'd and worshipt God appears most evidently by various testimonies dispersed through the whole course of his Works for otherwise he had destroyed and overthrown his own principles which were That Philosphy onely sipt and slightly tasted of draws us from God as that which magnifies second causes beyond their due but that Philosophy taken in a full draught brings us at length back unto God Now that he himself was a very profound Philosopher there is no man I suppose that can deny nor is this all but he was likewise both able and ready to render an account of that hope which was in him to any one that desired it and of this that Confession of Faith set forth at the end of his Volumne hath left a sufficient proof He very frequently us'd when he was in perfect health to be present at Divine service whether privately or publickly celebrated at the hearing of Sermons at the Participation of the holy Eucharist and at length he quietly slept in the true Faith establisht in the Church of England This is to be affirm'd for a certain that he was utterly void of all malice which as he said himself he never brought forth nor nourisht of the revenging of injuries he never so much as thought since to the performance thereof had he been so disposed he was sufficiently armed both with opportunity and power A remover of Officers from their places he was not in the least manner although he might have inricht himself by the destruction and ruine of others nor did he ever bear the name of a calumniator of any man to his Prince On a certain day when one of the chief Ministers of State who had borne him no good will being lately dead the King askt him what he thought of that Lord who was dead he answered That he was such a one as never had promoted his Majesties Affairs or made them better but that doubtless he had done his best to keep them from sinking or declining This was the hardest Sentence he would utter concerning him which indeed I reckon not among his Morall but his Christian vertues His name was more celebrated shin'd brighter abroad amongst forreigners then at home among his own Countreymen as it is mentioned in holy Writ A Prophet is not without honour except in his own Country and in his own House To make this good I shall produce a little passage out of an Epistle sent from Italy the shop of polite Wits to the late Earl of Devonshire at that time Baron Candish which was thus The new Essays of the Lord Chancellor Bacon as also his History and whatsoever besides he is now about I shall expect with infinite thirst of mind but especially in his History I promise to my self a perfect and well polisht work and chiefly in the Affairs of Henry the Seventh in the relating of which he will have liberty to exercise the gift of his accute wit That Lord daily increaseth in fame and his Works are more and more in chocie request among us and those who in humane Affairs are wise above the vulgar repute him among the greatest and most sublime wits of the age and so in truth he is Many of his Books were taught other languages as well the ancient and modern both heretofore and of late by those of forreign Nations Divers eminent men while he was living came over into England for no other cause but onely to see him and to have an opportunity of discoursing with him upon one of whom he bestowed his Picture drawn whole at length from head to foot to carry back with him into France which he thankfully receiv'd as a thing that would be very grateful and acceptable to his Countreymen that so they might enjoy the Image of his Person as well as the Images of his Brain viz. his Book Among others the Marquess of Fiat a Nobleman in France who came Ambassadour into England in the first year of Queen Mary's comming over the Wife of King Charles was affected with a very earnest desire of seeing him whereunto having gain'd an opportunity and coming into his Bed-chamber where he lay sick of of the Gout he addrest