Selected quad for the lemma: opinion_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
opinion_n	argue_v	call_v	great_a	39	3	2.1751	3	false

Text snippets containing the quad

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

Parliament that so they might unanimously before it be too late use their utmost endeavours for his Majesties service and for the honour the safety the welfare and the glory of the English Nation No sooner had the Duke ended his Speech but the Lord Fretchvil mov'd to have him call'd to the Bar and the●e proceeded against as should be thought fit The Lord Salisbury said That vvas to take avvay the Freedom of Parliament And maintain'd the Duke in his assertion with great Reason After him the Lord Alisbury argued against the Dissolution and against the Duke's being call'd to the Barr. The Lord Arundel of Trerice seconded the Lord Frechvil's motion The Lord Halifax said The Parliament was not in his Opinion Dissolved but that it was so far from a Crime in the Duke to move it that it deserved Commendation because this was a proper place for the motion and the Determination of it would be of advantage which way soever the House should determine it The Lord Berkshire spoke against calling to the Barr and made a jest of it The Lord Shaftsbury said The calling the Duke to the Barr were to take away all liberty of speech in Parliament he very judiciously opened the state of the case with relation to the Dissolution He shewed That by the common law there ought to be Annual Parliaments That divers Statutes had provided for Annual Parliaments That we have right to our laws and These are the laws that preserve our Rights That these are the only laws by which the King is bound to call any Parliament That the King is bound by his Oath to keep the laws and that it is a great crime in any to endeavour to make him break his Oath That t is dangerous to remove Old Landmarks That many Inconveniences have ever been the conseqences of long Parliaments And after many Arguments and answering all Objections to the contrary he concluded the Prorogation was illegal The Marquess of Winchester said The Parliament was not Dissolved but thought the Duke who moved the business deserved thanks The Marquess of Dorchester carried on the debate of the Dissolution and argued against it After this which was about an hour the debate of the Dissolution was continued about four hours the Lord Chancellor undertaking to answer the Arguments which were or should be urged for it This the Lords understood to be an implied lience to shew the reasons of their opinion and accordingly a good number of Lords urged unanswerable Reasons to prove the Prorogation illegal and that they could not by law Sit and Act as a Parliament And all this while there was no reflexion upon any of the Lords for their opinnion for the Commons were still sitting and upon debate of that matter and the Court Church and Popish Lords could not tell what would be the Issue of the Question amongst them But as soon as they had notice that the Commons were up and had not suffered any Question to be put upon it but had run the Debate upon a Question that had no ground either in law or Reason which they had not determined neither but had adjorned to the next day They from this took right measures to conclude that the major part of the Commons were unwilling to part with their Seats and thereupon took confidence to shew them that they had the major part of the Lords too and having so in both Houses they need not fear to do whatsover they had a mind to and therefore without offering any colourable answer to the reasons and arguments that had been urged they put this question Whether this debate should be laid aside and it was carried in the Affirmative As soon as this Question was carried the lord Treasurer moved that it might be considered what to do with those lords that had asserted That the Parliament vvas dissolved The Duke of Ormond moved that the Duke of Buckes might be questioned The lord Treasurer moved That the Earl of Salisbury of Shaftsbury and the lord Wharton might be questioned The motion of these Lords as I thinke I have been told was seconded by the Duke of York and some of the lords called upon them to withdraw but they continved in their places as others of the lords declared they ought to do The Debate continued 〈◊〉 hours whether they should be questioned divers lords urging That it was against the Priviledge of Speech to which every Peer had right to question them And the Lord Privy Seal made along and most ingenious and judicious Speech to that purpose He said It was an Essential Priviledge of all Courts that every one of the Members of any of them should have Liberty to propose and debate any matter that concerned themselves as a Court or their own Jurisdiction And this liberty is not only grounded upon the Law of England but Reason has so clearly declared it to all Men that it is allowed for Law in All Countries much more ought to be allowed for Law in England where we boast our selves to be a Free People and much more to every Member of the House of Lords which is a constitutive part of the Legislative Power And indeed nothing is more plainly provided for in the Law of England than this Ask the Judges and they will tell you They are not Questionable for their Opinion delivered in Court tho over-rul'd by their Brethren as contrary to Law And shall not a Member of the high Court of Parliament have as much Liberty as the Judges of every Inferiour Court in England claims He said There were many Records and Acts of Parliament which did declare it to be the right of the Peers To Propose and Debate any thing vvhich they thought to be for the Good of the King and Kingdom And by the standing known Rules of the House if any Motion be made that gives Offence the Proposer ought immediately to be questioned or not at all and no Man is to Answer for any thing that has been Debated and a Question put upon it for by entering into the Debate they allow it to be Disputable and give Licence to the Lords to speak their Opinions of either side And should they Invade this Liberty and break these Rules as in Questioning these Lords they should do they should not Act is a Parliament but as an Arbitrary Assembly and there could be no Safety for any Member of Parliament For whatsoever was Proposed by a●y 〈◊〉 〈◊〉 the Major Vote went against him he and those of his Opinion might be questioned and then no New law could be made nor Inconvenient one altered or abrogated For no law can be made or altered but it must be proposed by some body and none could dare to propose it lest the House should not be of his Opinion and then he could not be secure He added That this was the Case of every Lord there For suppose the Major Vote had been That the Parliament vvas Dissolved he believed they would not

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