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kingdom_n court_n king_n lord_n 2,970 5 3.7799 3 true
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A49986 The arguments of the Right Honourable the Earl of Danby the second time, at the Court of King's Bench at Westminster, upon his lordship's motion for bail, the 29th day of June, term. Trin. 1682 Leeds, Thomas Osborne, Duke of, 1631-1712, defendant. 1682 (1682) Wing L922; ESTC R11803 14,163 15

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say that in this particular Case of my own I find only the word and name of Superior Court to be made use of against me but nothing in reality just as they were pleased in the House of Commons to use the word Traiterously in the Articles against me when there was not a tittle of Treason in them only that by calling it Treason it might serve to lay me where I am But my Lord I know no Court that is superior at this time to this Court where I am now and how any thing can be said to be depending in a Court that hath no Being I think will not very easily be defended from nonsence without having the Matter extreamly well explained and whenever that Superior Court shall have a Being my Cause will then be before it by my being Bailed to appear there And for saying it has laid its hand upon this Case of mine it ought to be shewn in what the Superior Court hath laid its hand upon me so as to keep me from Bail when neither that Superior Court it self though it were willing so to do is able to give me any Relief nor that I can get to be Tryed or Discharged elsewhere nor have any time prefixed when that Superior Court shall Sit as if there were no Justice left in England But if it be so that I shall neither be Bailed nor have it shewed what hand the Superior Court has laid upon me to hinder it then truly any man may be so concluded and the Argument may be decided by the will and pleasure of those who have men in their Power but the shadows of things when there is no substance in the Argument will not satisfie reasonable men for an Answer why so publick a Grievance shall not be remedied and I am confident that the Superior Court it self will never suffer its Name to be made use of nor themselves to be made Properties to support such a Grievance as may concern not only themselves but the whole Nation both in this Age and to all our Posterities and by which not only Magna Charta and the Petition of Right would be evaded but the late Act of Habeas Corpus may also be eluded by this device and the Parliament when it shall meet again will find that instead of securing their Liberties they have only been hedging in the Cuckow for that there is now a new way found out by which all Acts for our Liberties may be made of no effect And this cannot be contradicted unless as some would fancy the King could not Impeach as well as the Commons but there are so many Evidences to the contrary of that as there is no room left for the Dispute And amongst the Presidents of that kind there is one because it hath a double Consequence that I do desire to put your Lordship in mind of It is in the 5o. H. 4th in the Records of the Tower There you will find that the Commons came to Petition the King that his Majesty would be pleased not to Impeach the Arch-Bishop of Canterbury the Earl of Northumberland and some others that were at that time accused for being in the Confederacy of Sir Henry Piercy and the King grants their Request and does agree he would not Impeach them I have quoted this the rather because of the double President that is in this Case for again the same day the Commons came after his Majesty had granted their former request and did further Petition his Majesty that he would be pleased to affirm those Lords whom he had promised he would not Impeach to be his true Liege-men and the King did grant that also by which it was then taken for granted that he had set them Recti in Curia even though they were in that Conspiracy with Sir Henry Piercy and my Lord I give you this Instance that you may observe two things by it First That the Commons did Petition the King not to Impeach and when he had granted that it appears also that by the King 's declaring them to be his true Leige-men it was by the Commons conceived that the King did set them Recti in Curia by which it does appear what great regard the House of Commons had to the King 's bare Affirmation of men being his true Liege-men and I hope that neither this King's Power nor Credit shall be less with his own Court than that King 's was with his House of Commons and I am sure no King's Affirmation can be greater nor more publick both to his Parliament and Kingdom of any mans being a true Liege-man to use that old word than the King 's hath been concerning me My Lord there are some men very unable to distinguish though they would between sound and good sence and there are a great many that are as willing to let men remain under their mistakes but since it weighs a great deal with some who do not very rightly distinguish it will be of absolute necessity for me to explain-what it is that is meant by a Case depending in Parliament when there is no Parliament This will be best shewn by an Instance in a Writ of Error depending in Parliament in which Case when the Parliament is Sitting and so the Writ is really and truly depending in the Court that is in Being there can during such Sitting be no Execution sued upon the Judgment But my Lord no sooner is the Parliament dissolved but experience shews that Execution may be sued and Goods levyed and the properties of mens Estates changed and therefore it is by this sufficiently plain that depending is not then meant in the same sence or in the same manner as it was meant when the Parliament was actually Sitting for then there could have been no Execution sued Now my Lord When a Parliament shall meet again what does it meet with It meets it is true with the same Cause again as to the Merits but it meets it quite altered as to other Circumstances viz. as to the Execution that hath been granted by an inferior Court in the interval of Parliament And as to the change of property for a man's Estate and perhaps of great value may happen to be in another mans hands at the same time by the Execution so that when a Parliament doth meet again it doth meet it is true with the same Cause as to the Merits but indeed as to nothing else And therefore by this it is clear that a Parliament does only expect when it meets again to meet with the Cause in the same state as to the Merits of the Cause and doth not at all meddle or concern it self to find fault with those suppletory Acts that have been done by an inferior Court in the interval which was only to prevent failure of Justice but it commends them for not having delayed Justice and that men should not be kept too long out of their Rights even though there may have been prodigious Wrong done to the