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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A37771 A narrative of the cause and manner of the imprisonment of the lords now close prisoners in the Tower of London. J. E. 1677 (1677) Wing E15; ESTC R874 13,864 24

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have been willing it should have been accounted an offence in them that had maintained that it was not For if so they did thereby allow that a Nevv Parliament might question them for their Opinions tho they had now the Major Vote and yet the reason will be the same if not gre●●er than for the punishing these great Lords For if we are in an Error we have assumed a Power Illegal that was not in us of Right But they have only Doubted that they and we want that Authority which in our Opinion we have But said he 〈◊〉 is not what their Opinion was or what they said is to be considered but Whether we do not Violate our own Priviledges in the highest measure in the World by Questioning these Lords And whether if they should be forced to with-draw by the Major part of the House we do not at the same time Vote our own Priviledge of Speech out of doors And whether if we loose this Priviledge of Speech we shall not thereby become Useless and Insignificant And whether by Judging those four Lords and only four when divers others were in the same Condition with them as having maintained the same thing we shall not shew our selves Partial and Unjust And whether this kind of Proceeding will not reflect much upon the Honour of the House and subject us to Censure both at home and abroad where ever the story of it shall be related These things said he are worthy your Consideration before you Question these Lords But this and much more which was said by his Lordship and a great many other of the Protestant Temporal Lords could not prevail with the Court-Lords Bishops and Papists For these last seeing their great Head so set upon it were resolved to follow him though contrary to their sences This is not strang in them whose Religion teaches them to believe and act against sence their Promises and their Declarations before they came into the House The two former knew who had the disposal of Preferments and Rewards and therefore minded not what was said but who spake and had learnt the Wisdom my lord Chancellor mentioned in his Speech Viz. To enjoy vvhat they could at present vvithout regard to to the future And yet they durst not Venture to execute their design upon those Lords that night because they knew not with what Spirit the Commons might be moved next morning upon the Debate Whether it was a Prorogation or an Adjournment which they had appointed then to be considered And therefore they move to Adjourn the Debate of Questioning those Lords till the next morning This was opposed by the Four Lords and many other Noble Peers but they were all answered by the Vote This Sir was all the Transaction of that day saving that the Lord Shaftsbury willing it should appear upon their Books what their Accusation was and that they might know what to Answer to the next morning Desired their Charge might be written which was done accordingly in these Words VIZ. For Proposing to the House and Asserting and Maintaining that this Parliament is Dissolved The next morning being Friday the 16 about too a Clock the Debate was again Resumed and was raised high and continued about three hours in which time 't was urged in the behalf of the four Lords that three several times Viz. 1. Hen. 7. 1 Q. Mary 1 Q. Eliz. the very same debate was in Parliament It was then doubted whether the Writs were good in form by which they were summoned and yet no man questioned for moving and debating it The Religion establisht had been several times altered by Parliament yet none ever questioned for proposing and debating it And the ●arliament being Re-assumed before the day to which 't was prorogued in the year 1666 It was moved to consider whether they could Act as a Parliament and the proposer never questioned And nothing could be more proper then such debats for should there be a doubt whether they had Authority to Act as a Parliament and yet Acts be made and the Question undetermind those that doubted might dispute those Acts and overthrow them if it should happen that the Judges should be of opinion that they had not a Legal Authority And therefore 't was a great hardship that the Judges were not suffered to give their opinion in the poynt when the Duke of Bucks required it It was likewise said That those that had sate and made Acts as a Parliament had after ward been declared no Parliament in futrue parliaments and their Acts nulled as 39. Hen. 6. And then it was not thought a crime to propose the consideration of their Authority tho the King had summoned and jontly acted with them as a Parliament yet that was a greater questioning of the Kings Prerogative then this For as yet the King had not joyned with them to Act as a Parliament Now the debate had ended much sooner then it did as most men think by a Vote against the Lords the only way of Answering their unanswerable Arguments but for two Reasons one was the same that had occasioned it to be adjorned the night before They were willing to see what was done by the Commons And here by the way of digression let me acquaint you how the matter was managed amongst them The first day it was moved in the House of Commons that they could not Act by vertue of the last prorogation and of that opinion were many of the best and wisest amongst them But the Speaker Indigents Courtiers and some Contry Gentle-men as thay have higher to pretended to be were Impatient at it and used all their Art to avoid the debate as fore-seeing should a fayrer debate be admitted they could not answer the Arguments might be urged therefore as I told you they run it off upon a strang senseless Question Whether it vvere a Prorogation or an Adjornment the House generally agreeing that it could not be a Prorogation and legal which question they also adjorned till the next morning and from thence till the Monday following And when it came then to be debated the same party that had put off the debate by that trick before spoiled even that debate too by moving to have Liberty of speech to debate it And after this had been long disputed and 168 that were for a Vote to pass that they should have Liberty of Speech and were also of opinion That the last prorogation was illegall could not get the Speaker to put the Question but the major part of the House joyned with him And put another Question by which they concluded themselves to be a House and to sit by virtue of the Prorogation The Question was Whether they should appoint Nevv Committes which was carried in the Affirmative But to return to the Lords I am next to tell you the other Reason that they suffered the Debate of questioning those Four Lords to continue so long since it seems as if they were resolved not to be