Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	king_n	law_n	people_n	3,485	5	5.2685	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56227	A seasonable, historical, legal vindication and chronological collection of the good old fundamental liberties, franchises, rights, laws of all English freemen ...; Seasonable, legal, historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all English freemen.	Prynne, William, 1600-1669.	1654 (1654)	Wing P4122; ESTC R13248	47,108	63

among your people who will be therby no less discouraged then disabled to supply your Majesty when occasion shall require In which memorable Petition the whole House of Commons resolve in direct terms 1. That the Subjects of England have old original Fundamental Rights and more particularly in the Property of their goods exempted from all Impositions whatsoever in times of Peace or War without their common consent in Parliament declared and ectablished both by the ancient Common Law of England and sundry Acts of Parliament and Records of former times 2. They declare the constant vigilant care zeal of our Ancestors and former Parliaments in all ages inviolably to maintain defend preserve the same against all encroachments together with their own care duty and vigilancy in this kind in that very Parliament 3. They relate the readiness of our Kings to ratifie these their Fundamental Rights by new Act of Parliament when they have been violated in any kind 4. They declare the benefit accruing both to Prince and People by the inviolable preservation and establishment of this old Fundamental Right and the mischiefs accruing to both by the infringement thereof by arbitrary illegal Impositions without full consent in Parliament 5. They earnestly in point of conscience prudence and duty to those for whom thy served Petition his Majesty for a new Law and Declaration against all new Impositions Taxes on Inland Goods or Merchandizes imported or exported without the Peoples free consent in Parliament as null void utterly to be abolished and taken away Whether it will not be absolutely necessary for the whole English Nation and the next ensuing Notional or real Parliament to Prosecute Enact Establish such a Declaration and Law against all such future arbitrary illegal oppressive Taxes Impositions Excizes that have been imposed and continued for many years together on the whole Kingdom by new extravagant self-created usurping Army-Officers and other Powers without free and full consent of the People in lawfull English Parliaments against all former Laws Declarations and Resolutions in Parliament to their great oppression enslaving undoing and that in far greater proportions multiplicity and variety ●hen ever in former ages without the least intermission and likewise against their late declared design to perpetuate them on our exhausted Nation without alteration or diminution beyond and against all Presidents of former Ages both in times of Peace and War for the future by the 27 28 29 3● 3● Articles of the Instrument entituled The Government of the Common-wealth of England c. I remit to their most serious considerations to determine it ever they resolve to be English Freemen again or to imitate the wisdom prudence zeal courage and laudable examples of their worthy Ancestors from which they cannot now degenerate without the greatest Infamy and enslaving of themselves with their Posterities for ever to the arbitrary wills of present or future Usurpers on their Fundamental Rights and Liberties in an higher degree then ever in any precedent Ages under the Greatest Conquerours or Kings after all their late costly bloudy Wars for their Defence against the Beheaded King The fifth is A learned and necessary Argument made in the Commons House of Parliament Anno 7. Jacobi to prove That each Subject hath a propriety in his Goods shewing also the extent of the Kings Prerogative in Impositions upon the Goods of Merchants exported or imported c. By a late learned Judge of this Kingdom printed at London by Richard Bishop 1641. and Ordered to be published in print at a Committee appointed by the Honourable House of Commons for examination and Licensing of Books 20. Maii 1641. In which Parliamentary Argument p. 8 11 16. I finde these direct Passages That the New Impositions contained in the Book of Rates imposed on Merchandizes imported and exported by the Kings Prerogative and Letters Patents without consent in Parliament is against THE NATVRAL FRAME AND CONSTITVTION OF THE POLICY OF THIS KINGDOME which is Jus Publicum Regni AND SO SUBVERTETH THE FUNDAMENTAL LAW OF THE REALM and introduceth a new form of State and Government Can any man give me a reason why the King can only in Parliament make Laws No man ever read any Law whereby it was so ordained and yet no man ever read that any King practised the contrary therefore IT IS THE ORIGINAL RIGHT OF THE KINGDOM AND THE VERY NATVRAL CONSTITVTION OF OUR STATE AND POLICY being one of the highest Rights of Soveraign Power If the King alone out of Parliament may impose * HE ALTERETH THE LAW OF ENGLAND IN ONE OF THESE TWO MAIN FUNDAMENTAL POINTS He must either take the Subjects Goods from them without assent of the Party which is against the Law or else he must give his own Letters Patents the force of a Law to alter the property of the Subjects Goods which is also against the Law In this and sundry other Arguments touching the Right of Impositions in the Commons House of Parliament by the Members of it arguing against them it was frequently averred and at last voted and resolved by the House 7. Jacobi That such Impositions without consent in Parliament were AGAINST THE ORIGINAL FUNDAMENTAL LAWS AND PROPERTY OF THE SUBJECT and Original Right Frame and Constitution of the Kingdom as the Notes and Journals of that Parliament evidence An express Parliamentary resolution in point for what I here assert The sixth is A Conference desired by the Lords and had by a Committee of both Houses concerning the Rights Privileges of the Subjects 3. Aprilis 4. Caroli 1628. entred in the Parliament Journal of 4. Caroli and since printed at London 1642. In the Introduction to which Conference Sir Dudley Diggs by the Commons House Order used these expressions My good Lords whilst we the Commons out of our good affections were seeking for money we found I cannot say a Book of the Law but many A FUNDAMENTAL POINT THEREOF NEGLEGTED AND BROKEN which hath occasioned our desire of this Conference Wherein I am first commanded to shew unto your Lordships in general That the Laws of England are grounded on Reason more antient then Books consisting much in unwritten Customs yet so full of Justice and true Equity that your most Honorable Predecessors and Ancestors propugned them with a NOLUMUS MUTARI and so ancient that from the Saxons daies notwithstanding the injuries and ruines of time they have continued in most parts the same c. Be pleased then to know THAT IT IS AN UNDOUBTED AND FUNDAMENTAL POINT OF THIS SO ANCIENT COMMON LAW OF ENGLAND THAT THE SUBJECT HATH A TRUE PROPERTY IN HIS GOODS AND POSSESSIONS which doth preserve as sacred that Meum and Tuum that is the Nurse of Industry and the Mother of Courage and without which there can be no Justice of which Meum and Tuum is the proper object But the UNDOUBTED RIGHT OF FREE SUBJECTS hath lately not a little been invaded and prejudiced by Pressures the more

upon all or any of the Freemen of England by reason of any pretended or reall Danger Necessity or other pretext by the Kings of England or any other Powers but onely with and by their common consent and Grant in a free and lawfull Parliament duly summoned and elected Except onely such ancient legall Ayds as they are specially obliged to render by their Tenures Charters Contracts and the Common Law of England 2. That no Freeman of England ought to be arrested confined imprisoned in any private Castles or remote unusuall Prisons under Souldiers or other Guardians but onely in usuall or Common Gaols under sworn responsible Gaolers in the County where he lives or is apprehended and where his Friends may freely visit and relieve him with necessaries And that onely for some just and legall cause expressed in the Writ Warrant or Processe by which he is arre●●ed or imprisoned which ought to be legally executed by known legal responsible sworn Officers of Justice not unknown military Officers Troopers or other illegall Catchpols That no such Freeman ought to be denied bail Mainprise or the benefit of an Habeas Corpus or any other Legal Writ for his enlargement when bailable or incumpernable by Law nor to be detained prisoner for any reall or pretended Crime not bailable by Law then untill the next Generall or Speciall Gaol-delivery held in the County where he is imprisoned where he ought to be legally tried and proceeded against or else enlarged by the Justices without deniall or delay of Right and Justice And that no such Freeman may or ought to be outlawed exiled condemned to any kind of corporall punishment losse of Life or Member or otherwise destroyed or passed upon but onely by due and lawfull Processe Indictment and the lawfull Triall Verdict and Judgment of his Peers according to the good old Law of the land in some usuall Court of Publick Justice not by and in a new illegall Military or other Arbitrary Judicatories Committees or Courts of High Justice unknown to our Ancestors 3. That no Freeman of England unlesse it be by Speciall Grant and Act of Parliament may or ought to be compelled enforced pressed or arrayed to go forth of his own Countrey much lesse out of the Realm into forreign parts against his will in times of Warre or Peace or except he be specially obliged thereto by ancient Tenures and Charters save onely upon the sudden coming of strang enemies into the Realm and then he is to array himself onely in such sort as he is bound to do by the ancient Laws and Customs of the Kingdome still in force 4. That no Freeman of England may or ought to be disinherited disseised dispossed or deprived of any inheritance Freehold liberty Custome Franchise Chattle Goods whatsoeuer without his own Gift Grant or free Consent unlesse it be by lawfull Processe Triall and Judgment of his Peers or speciall Grant by act of Parliament 5. That the old received Government Laws Statutes Customes Priviledges Courts of Justice legall Processe of the Kingdome and Crown ought not to be altered repealed suppressed nor any new from of Government Law Statute Ordinance Court of Judicature Writs or legall Proceedings instituted or imposed on all or any of the Free men of England by any Person or Persons but onely in and by the Kingdomes free and full Consent in a lawfull Parliament wherein the Legislative Power solely resides 6. That Parliaments ought to be duly summoned and held for the good and safety of the Kingdome every year or every three years at least or so often as there is just occasion That the Election of all Knights Citizens and Burgesses to sit and serve in Parliament and so of all other Elective Officers ought to be free That all Members of Parliament hereditary or Elective ought to be present and there freely to speak and vote according to their judgements and Consciences without any over-awing Guards to terrifie them and none to be forced or secluded thence And that all Parliaments not thus duly summoned elected whilst held but unduly packed and all Acts of Parliament fraudulently and forcibly procured by indirect means ought to be nulled repealed as void and of dangerous president 7. That neither the Kings nor any Subjects of the Kingdome of England may or ought to be summoned before any Forreign Powers or Jurisdictions whatsoever out of the Realm or within the same for any manner of Right Inheritance Thing belonging to them or Offence done by them within the Realm 8. That all Subjects of the Realm are obliged by Allegiance and duty to defend their Lawfull Kings Persons Crowns the Laws Rights and Priviledges of the Realm and of Parliament against all Usurpers Traytors violence and Conspiracies And that no Subject of this Realm who according to his duty and Allegiance shall serve his King in his Warres for the just defence of him and the Land against Forreign enemies or Rebels shall lose or forfeit any thing for doing his true duty service and Allegiance to him therein but utterly discharged of all vexation trouble or losse 9. That no publick Warre by Land or Sea ought to be made or levied with or against any Forreign Nation or Publick Truce or League entred into with Forreign Realms or States to bind the Nation without their Common advice and consent in Parliament 10. That the ancient Honours Manors Lands Rents Revenues Inheritances Right and perquisites of the Crown of England originally settled thereon for the Ease Exemption of the people from all kind of Tax●s payments whatsoever unlesse in cases of extraordinary necessity and for defraying all the consant ordinary expences of the Kingdome as the expences of the Kings houshold Court Officers Judges Embassadors Garisons Navy and the like ought not to be sold alienated given away or granted from it to the prejudice of the Crown and burdening of the people And that all Sales Alie nations Gifts or Grants thereof to the empairing of the publick Revenue or prejudice of the Crown and people are void in Law and ought to be resumed and repealed by our Parliaments and Kings as they have frequently been in all former ages For the Readers fuller satisfaction in each of these propositions some of which I must shew here but briefly touch for brevity sake having elsewhere fully debated them in print I shall specially recommend unto him the perusall of such Tracates and Arguments formerly published wherein each of them hath been fully discussed which he may peruse at his best leasure The first of these Fundamentalls which I intend principally to insist on is fully asserted debated confirmed by 13. H. 4. f. 14. By Fortes●ue Lord Chief Justice and Chancellour of England de laudibus Legum Angliae dedicated by him to King Henry the 6 f. 25. c. 36. f. 8● By a learned and necessary Argument against impositions in Parliament of 7. Jacobi by a late Reverend Judge printed at London 1641. By Mr. William Hakewell in his