Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	court_n	king_n	lord_n	2,970	5	3.7799	3	true

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

could discharge him by a Pardon the double Limitation is for the Benefit of the Prisoner who ought not to complain of the duration of his Imprisonment since he has neglected to make Application for his Discharge in an orderly way I Confess by the Determination of the Session the orders made the same Session are Discharged but I shall not affirm whether this present Order will be Discharged or no because it is a Judgment But this is not the present Case for the Session continues notwithstanding the Royal Assent given to several Bills according to the Opinion of Cook and all the Judges Hutton 61. and 62. Every Proviso in an Act of Parliament is not a Determination of what was the Law before for they are often added for the Satisfaction of those that are Ignorant of the Law Solicitor Gen. To the same effect in the great Case of Mr. Selden 5 Car. 1 the warrant was for notable Contempts committed against us and our Government and stirring up Sedition and although that be almost as general as that in our Case yet no Objection was made to it for that cause in any of the Arguments Rushworth's Collections 18 19. in the Appendix But I agree that this Return could not have been maintained if it were out of an inferiour Court but during the Session this Court can take no Cognizance of the Matter and the Inconvenience would be great if the Law were taken otherwise for this Court might Judge one way and the House of Peers another which doubtless would not be for the Advantage and Benefit of the Subject For the avoiding of this Mischief It was agreed by the whole Court in the Case of Barnardiston and Somes that the Accord for the double Return could not be brought in this Court until the Parliament had determined the Right of Election lest there should be a difference between the Judgments of the Courts When a Judgment of the Lords comes to this Court though it be of a Reversal of a Judgment of this Court the Court is obliged to execute it but their Judgment was never examined or corrected here In the Case of the Lord Hollis it was Resolved that this Court had no Jurisdiction of a Misdemeanor committed in Parliament when the Parliament is determined the Judges are the Expositors of the Acts and are intrusted with the Lives Liberties and Fortunes of the Subject and if the Session were Determined the Earl might apply himself to this Court for the Subject shall not be without a place where he may resort for the Recovery of his Liberty but this Session is not Determined for the most part the Royal Assent is given the last day as saith Plouden Partridges Case yet the giving the Royal Assent does not make it the last day of Parliament without a Subsequent Resolution or Prerogative and the Court Judicially takes notice of Prorogation and Adjournments of Parliament Cro. Jac. 111. Ford. Versus Hunten and by Consequence no order is discontinued but remains as if the Parliament were actually Assembled Cro. Jac. 342. Sr. Chr. Haudens Case so that the Earl ought 〈◊〉 apply himself to the Lords who are his proper Judges It ought to be observed That this attempt is Primae Impressionis and though Imprisonment upon Contempt hath been frequent by the one and the other House till now no person ever sought Inlargement here The Court was obliged in Justice to grant the Habeas Corpus but upon the whole matter being disclosed it appears upon the Return that the Cause belongs ad aliud examen they ought to remand the Party As to the Limitation of the Imprisonment the King may determin his Pleasure by a Pardon under the Great Seal of England as in the Case of Reinger and Flagossa Plowden 20. As to the Exception that no Commitment is returned the Constable can only shew what concerns himself which is the Warrant to him directed and the Writ does not require him to return any thing else As to your Exception that he is otherwise named in the Commitment then in the Writ The Writ requires to have the Body of A. Earl of S. Quocunque nomine Censeatur in the Commitment After this my Lord Shaftsbury made a Speech the Substance thereof followeth My Lords I Did not intend to have spoke one word in this business but something hath been Objected and laid to my Charge by the King's Council Mr. Attorney and Mr. Solicitor that enforceth me to say something for your better satisfaction They have told you that my Counsel in their Arguments said That this Court was greater then the House of Peers which I dare to appeal to your Lordships and the whole Court that it was never spoken by them I am sure was not by any directions of mine What is done by my Counsel and by me is That this is the most proper Court to resort unto where the Liberty of the Subject is concerned The Lords House is the Supream House of Judicature in the Kingdom but yet there is a Jurisdiction that the Lords House does not meddle with The King's Counsel hath mentioned as a wonder That a Member of the Lords House should come hither to diminish the Jurisdiction of the Lords I acknowledge them to be Superiour to this or any other Court to whom all Appeals and Writs of Error are brought and yet there are Jurisdictions that they do not challenge and which are not natural to them or proper for them They claim not to meddle in Original Causes and so I might mention in other things and I do not think it a kindness to any Power or Body of men to give them some power that are not natural or proper to their Constitution I do not think it a kindness to the Lords to make them absolute and above the Law for so I humbly conceive this must do if it be adjudged that they by a general Warrant or without any particular Cause assigned do commit me or any other man to a perpetual and indefinite Imprisonment And my Lords I am not so Inconsiderable a person but what you do in my Case must be Law for every man in England Mr. Attorney is pleased to say I am a Member of the Lords House and to lay weight on the word Member It is very true I am one of them and no man hath a greater Reverence or Esteem for the Lords then my self but my Lords I hope my being a Peer or a Member of either House shall not loose my being an English man or make me to have less title to Magna Charta and the other Laws of English Liberty My Opinion is not with one of my Counsel who argued very learnedly That the passing an Act by the King 's Royal Assent can make a Sessions because the usual Promise was not in it It was without any Instruction of mine to mention that point The King's Counsel tells your Lordships of the Laws and Customs of Parliament and if this was