Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	great_a	king_n	power_n	13,233	5	4.9591	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A25001	An Account of the coming up of Tho. Earl of Danby, from the Tower of London to the Court of Kings-Bench at Westminster, on Saturday, the 27th of May, 1682 together with the most remarkable passages and arguments used by His Lordship to that court, and the answer of the judges thereto.		1682 (1682)	Wing A264; ESTC R12516	9,769	12

he could not have Serjeant Maynard to argue the Invalidity of an Order of the House of Lords after the Dissolution of Parliament as he had done in those times in Sir John Stowels Case That he would ask any Commoner in England whether they would be willing the Lords should have such a power over all their liberties as is now pretended they have he said he has been offered by some of those very Lords that were for the said order to be his Bail He said that this Court had power to Bail a man and to Act in many things where they had not power to determine and instanced in the Bailing to the Justice in Eyres Seat and in the case of a Peer bringing his Pardon before them where they do allow that Pardon yet had no power to try a Peer He said that exact presidents were not to be expected in his case for he believed there never was such a case of any English-man before this case He said he himself was at Council-Table when the late Judge Atkins was complained of to the King and Council for Bailing a man in the case of Murder that Judge came and gave reasons why he did it and those of the long Robe in Council allowed those reasons as to the legal part And at the same time the said Judge told the King that he had done greater things than that for which he was complained of for in his very last Circuit he had Bailed a man for High Treason for which also he gave his own reasons and they were allowed His Lordship summing up all said that if the Court would not Bail him he hoped they would prefix a time for his Imprisonment or that he must needs look upon his Imprisonment to be indefinite that it had been the opinion both of the Kings Attorney 3. Car. and of the Counsell for the Prisoner at the same time that where no danger could happen by a mans being at liberty he ought to be Bailed after long Imprisonment and that six months had been then accounted a long Imprisonment That if he could not be relieved by this Court he was certainly an indefinite Prisoner He named the cause of Saint Paul who was put in Chains first and afterwards askt what he had done His Lordship did not compare his own case thereto but said he was accused without any Oath made against him and that the Articles against him did not amount to Treason had they been true He repeated His Majesties having declared his consent a second time c. and some other things which were particular to him and no man else and a case that cryed loudly for Justice He said he did think that if Bail was denyed him under his Circumstances every man of England was concerned and said he wisht that the future consequences of it may be duly considered That this Court had power c. for it was apparent that that Court as also the Courts of Chancery and Exchequer did relieve upon Appeales and Writs of Error besides that if he was Bailed he was yet bound to appear before that extraordinary Court when ever his Majesty should be pleased to call it whereas in the other cases there would be no further proceedings unless they were revived by the Plaintiffs in Parliament That whereas there might be some apprehensions of the Lords displeasure in case he was Bailed he was confident he could have the Major part of the Lords who for their own sakes would be content to be his Bail and if so it would take off the fear that they should be offended thereat His Lordship said he hoped he was before just Judges of the Laws That what ever had been said of him concerning Arbitrariness he doubted not but it would upon due inquiry be found quite otherwise That he prayed Justice and left what he had said to their consideration The Lord Chief Justice then speaking seemed to say the Earl of Danby had reflected upon them as if they had denyed him Justice in not hearing his Council The Earl of Danby desiring leave to interupt his Lordship did acquit the Court of any such Imputation and said that it was not in that Court but elsewhere that his Council had been forbid to plead for him which was also acknowledged by Mr. Justice Jones to be true The Lord Chief Justice then proceeded and said that for his saying the greatest part of the Lords would be his Bayl c. That it was not the fear of another Court had any influence upon them or that they should do such things as they feared to be called to account for but that it was the doing of Justice That they had heard his Lordship with a great deal of Patience and were not senseless of his Lordship's great sufferings that they were likewise sensible that the Kings desires were that his Lordship should have no longer Imprisonment than the Law requires and that he confessed that the King had done as much therein as lay in his power That it was not denied because that Court could not Bail for such Crimes neither would the Indictment found against him about Sir Edmundbury Godfrey have hindered nor was the Order of the Lords that which hindered them but that they were to act according to Law But he prayed his Lordship to consider that they could not relieve him according to Law That he did agree to some things mentioned by his Lordship and that it was a very hard case he should lye so long in Prison but here was the misery they could only compassionate him for that his Lordship was Imprisoned by a higher Hand and where they had no Power to Intermeddle He instanced in Indictments for Treasons and several other great Cases in which they could Bail Men but in this Case the Supream Jurisdiction of the Nation had laid their Hands upon it which was attended by the House of Commons with an Impeachment Whether their Lordships had Cause or not Cause to Commit his Lordship they could not inspect but that they ought to believe that his Lordship was justly Committed and that their Lordships in their mature deliberation would do nothing unjustly That over all the Courts in the Kingdom they had a Jurisdiction that only excepted and as it would be very Incongruous for an Inferior Court to bail whom they had Committed or to call in question their Process so would it be in like manner for them to do in this Case because the Lords exceed their Jurisdiction and were above them The Opinion of all the Judges in England being likewise taken therein and he was Imprisoned by too High a Court for them to Bail him But that his Lordship was not indefinitely Imprisoned as he alledged for whenever His Majesty pleased to call a Parliament he will have remedy That the King has power to do it when He pleases and for His Peoples good no doubt He will when He sees fit but that at some time the Circumstances of State differs

from other times that it may not for some space of time be thought convenient and though this may prove mischievous to a single Person or to two or three Persons yet such things must be indured for the Good of the Publick He said That if they of that Court Committed a Man for High-Treason and the King Adjourn them from time to time this Man could not be Bailed until they sate again so that he did confess as his Lordship had said that there is a Temporary failure of Justice where these Cases happen but not an Indefinite one He told his Lordship he must be content to wait the Kings Pleasure when he will call a Parliament That for his part he was before of Opinion that they could not Bail his Lordship and was so still The Earl of Danby to this answered That he must confess that his Ears did tingle to hear his Lordship say that the KING had done as much as lay in His Power when His Majesty is bound both by His Oath and by the Laws to see Right done at all times to His Subjects and he desired to know whether this was not the King's Court to which he had deputed a Power to see that Right done He said also that he was now under greater amazement than before since his Lordship had both granted that this Court can Bail any Treason and that the Order of the House of Lords did not hinder it which his Lordship till now took to be the only Obstruction to his Liberty That he hoped he had satisfied his Lordship that although he was imprisoned by a Higher Hand yet that the Bailing of him did not intermeddle with the Jurisdiction of that higher Judicature That for what his Lordship had said of the Opinion of all the Judges in England being taken in his Case he must needs inform his Lordship that that was a mistake as to himself for that the Opinion of the Judges had never been asked in his particular Case but once upon his Petitioning the King for Liberty to go to his Country-House at Wimbleden with a Guard or otherwise as his Majesty should think fit which Petition was referred to the Judges and they according to their wonted Prudence and Caution did only Report That they thought his Majesty could not legally grant the Petitioners Request That whereas his Lordship said That he was not indefinitely imprisoned for that whenever his Majesty is pleased to call a Parliament he will have Remedy and that he must be content to await the Kings Pleasure when he will call a Parliament He took these to be fuller Arguments than any himself had made to prove that his Imprisonment was indefinite and at the Kings Pleasure so that he was now more fully confirmed than ever to be of that Opinion He said further That his Lordship had mistaken him in thinking he had said there was only a Temporary failure of Justice and not an Indefinite one for that he had said he took himself to be under an absolute failure of Justice and that his Lordship had rather proved the same than shewed any thing to the contrary The Lord Chief Justice said he was not a Judge at that time when the Judges Opinions were asked but desired his Brother Jones to relate how it was which he did accordingly Implying That the Case being put Whether the Lords in the Tower might be Bailed or have any Liberty it was the Opinion of the Judges they might not But that he did confess he did think the Earl of Danby was not concerned in that Question but that it related to the Popish Lords only The Earl of Danby to that answered That it did not reach his Case since they went upon a general Question Whether the Lords in the Tower might be Bailed affirming and shewing many Instances wherein his Case differed from the Popish Lords His Lordship said also that the Lord Chief Justice had argued for him That it is true the King might call a Parliament when he pleased and therefore it was as true that a man may lye all his life time in Prison And he said he did expect stronger and more powerful Arguments to have convinced him but now he was more encouraged than before not to give over a Cause which did so much concern every man in England as well as himself His Lordship said he had wrong done him that the King could do him no wrong being advised by his Courts besides that the King had now shewed his will to have him Bailed and he could not say that the Lords did him wrong because there was nothing in their Order to hinder his Bail besides that their practice had been contrary in the Case of a Commoner and that he would not say this Court kept him a Prisoner but by some body he was kept a Prisoner or else it may be the Stars might keep him a Prisoner Albeit he was legally Imprisoned yet by Magna Charta it was impossible for an Englishman to be without any prospect of relief they being to have Justice done them by Law at all times and without delay That he was in the Kings Court for Justice and should desire that every Judge might deliver his Opinion severally which they did accordingly Some Reasons were by them offered why his Lordship could not then be Bailed For their giving of which he was pleased to make an Acknowledgment Part of the Judges said there was a vast difference between his Case and the Lords in the Tower that his pressing Arguments the hardness of his Case and great Affliction he lay under did make them incline to believe That it were not amiss if it was taken into farther Consideration and one of them said it would do well if the rest of the Judges were consulted between this and the next Term. A Council that was at the Bar thereupon moved that his Lordship might come up the next Term by Rule of Court The Lord Chief Justice seemed displeased with the forwardness of the Council and the Earl of Danby excused it as if not done by his desire or directions but said that they were like to be troubled with him again for that he should not easily give over a Cause wherein he took the Liberty of the Subject in general to be as deeply concerned as himself The Lord Chief Justice then standing up used these or like words to the Earl of Danby Your Lordship must for the present be content to be Remanded And speaking to the Lieutenant of the Tower told him He must take back his Prisoner After which words the Lord Chief Justice immediately left the Court. FINIS Tertio Carolo and Melvins 1 Car. and Sir Tho. Darnells