Selected quad for the lemma: opinion_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
opinion_n	case_n	common_a	great_a	227	4	2.1749	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56154	Demophilos, or, The assertor of the peoples liberty plainly demonstrating by the principles even of nature itself, and by the primitive constitutions of all governments since the creation of the world that the very essence and the fundamentals of all governments and laws was meerly the safety of the people, and the advancement of their rights and liberties, to which is added the general consent of all Parliaments in the nation, and the concurrence of threescore and two kings since first this island was visible in earnest, and by commerce with other nations, hath been refined from fable and neglect / by William Prynne ...; Summary collection of the principal fundamental rights, liberties, proprieties of all English freemen	Prynne, William, 1600-1669.	1658 (1658)	Wing P3943; ESTC R5727	47,915	74

without cause shewed Nor any compelled to receive Souldiers or Mariners into their Houses against their wills Nor any man adjudged to death by Martial Law in times of Peace but only by the lawful trial of his 〈◊〉 according to the established Lawes and Custom of the Realm This addition would make the Sense and Construction thereof to be That the King by his Ordinary power and Prerogative could impose no Loan Tax Tallage or other things upon his Subjects without their common consent by Act of Parliament Nor imprison any Freeman without cause shewed Nor billet any Souldiers or Mariners in mens Houses against their wills Nor condemn nor execute any Subject by Martial Law But yet by his Soveraign power wherewith he is int●…usted for the Protection Safety and Happinesse of his people here left intirely to him he may when he saw cause and necessity impose what Loans Taxes Impositions and Charges he pleased on his people without common consent●… and Act of Parliament imprison them without cause shewed quarter Mariners and Souldiers in their houses against their wills and condemn execute them by Martial Law upon this pretext that it was for the Protection Safety and Happinesse of his people in general All which himself and his Council not the Judges and our Laws must determine And so this Addition if admitted would quite overturn the Petition it self th●… Great Charter and all other Acts recited in it and give an intimation to Posterity as if it were the opinion of the Lords and Commons in this Parliament that there is a trust reposed in the King upon some emergent cases and necessities to lay aside as well the Common Law as the Great Charter and other Statutes which declare and ratifie the Subjects Liberty and Property by his Soveraign power And so by consequence to enable him to alter the whole frame and fabri●…k of the Commonwealth and dissolve that Government whereby this Kingdom hath flourished for so many year under his Majesties most royal Predecessors Whereas in truth there is in the King no Soveraign Power or Prerogative royal to enable him to dispute with or take from his Subjects that Birthright and Inheritance which they have in their Liberties by virtue of the Common Law and these Statutes which are meerly positive and declarative conferring or confirming ipso facto an inherent Right and Interest of Liberty and Freedom in the Subjects of this Realm as a Birthright and Inheritance descended to them from their Auncestors and descendible to their Heirs and Posterity But the Soveraign power wherewith he is intrusted is only for the protection safety and happinesse of his people in preserving this their inherent Birthright and Inheritance of Liberty and Freedom and those Lawes and Statutes which ratifie and declare them Upon●… these and other reasons alleged by the Commons the Lords after three large Conferences agreed fully with the Commons and rejected this destructive 〈◊〉 to the Petition of Right which the Lords and Commons in their * Declaration touching the Commission of Array January 16. 1642. to which many now in power were parties recite insist on and corroborated in Parliament as an undoubted truth If then the King by his absolute Soveraign power wherewith he was intrusted could upon no emergent occasion or 〈◊〉 whatsoever violate elude evade subvert all or any of these fundamental Laws Liberties Rights and Inheritances of the Subject by the joynt unanimous resolution of the Lords and Commons in these two Parliaments of King Charles much lesse then may any other Person or Persons or new Powers do it who condemned him for a Tyrant and suppressed Kingship as tyrannical over burdensome dangerous to the peoples Liberties Safety Prosperity upon any real or pretended Necessity or Emergency whatsoever Much lesse may any true English Parliament permit or enable them upon any pretence to do it in the least degree to the prejudice of 〈◊〉 after so many publick Parliamentary and Military conflicts for these Laws and Liberties The rather because that our Noble Ancestors would admit no Saving or Addition to the Great Charter or any 〈◊〉 for its confirmation that might any wayes impeach their Liberties Rights or Proprieties And when King Edward the 1. in the 28 year of his reign upon the Petition of the Lords and 〈◊〉 granted a New Confirmation of their Charters and in the * close thereof added this Clause Salvo 〈◊〉 Coronae Regis That the right and prerogative of his Crown should be saved to him in all things Which the Lords most insisted on to justify the forementioned rejected Addition to the Petition of Right when it came to be proclamed in London the people●… hearing this Clause at the end thereof added by the King fell into execration for that Addition and the great Earls who went away satisfied out of Parliament hearing thereof went to the King and complained thereof who promised to redress it as Mr. Selden then informed the Commons house out of a Leiger Book of that year in the publike Library of the Vniversity of Cambridge Whereupon in the Statute De Tallagio non concedendo 34 E. 1. the King to please his discontented Lords and Commons not only granted That no Tallage or Ayd should be taken or levied by us or our heirs in our Realm without the good will and assent of the Archbishop Bishops 〈◊〉 Barons Knights Burgesses and other Freemen of the Land c. 1. But likewise added c. 4. We will and grant for us and our Heirs That all Clerks and Lay-men of our Lvnd shall have their Laws Liberties and Free Customes as they have used to have the same at any time when they had them best And if any Statutes have been made by us or our Ancestors or any Customs brought in contrary to them We will and grant That such 〈◊〉 of Statutes and Customs shall be void and frustrate for evermore Yea King Edward the 3. in pursuance thereof in the Parliament of 42 E. 3. c. 1. assented and accorded That the Great Charter and Charter of the Forest be holden and kept in all points And if any Statute be made to the contrary that shall be holden for none And 〈◊〉 3 It is assented and accorded for the good Government of the Commons that no man be put to answer without Present 〈◊〉 before Justices or matter of Record or by due Process and writ original according to the old Law of the Land And if any thing from henceforth be done to the contrary it shall be void in the Law and holden for Errour And therefore we all jointly and severally expect and claim the like Declaration and Resolution in all these particulars being assented to by King Charls himself in the Petition●… of Right and by these antient Warlike Kings and true English Parliaments from whose vigilancy magninamity unaminity zeal courage in defence of the●…e our fundamental Charters Laws Rights Liberties we should now be ashamed to degenerate after so many years wars and vast

expences for their preservation and all sacred solemn Protestations Vows Leagues Covenants Declarations Remonstrances and Ordinances engaging us with our lives and fortunes constantly to defend them all the daies of our lives against all oppositio●… And if any who pretend to the Name or power of a Parliament should now refuse or neglect to do their duties herein they may justly expect to be had in perpetual detestation and execration both with God and all English Freemen XII It was frequently averred declared (k) by the Commons in this Parliament That the old custome and use of our Parliaments constantly hath been and ought to be to debate redress all publick grievances and re-establish secure their violated * Great Charter Laws Rights and Liberties in the first place of all before they debated or granted any aides or subsidies demanded of them shough never so pressing or necessary it be●…ng both dangerous imprudent and a breach of their trusts towards the people who elected them to play an After-game for their Liberties Laws and Grievances which would never be effectually redressed after subsidies once granted VVhereupon they refused to pass the Bill of Subsidies then granted till the Petition of Right was fi●…st assented unto enrolled and their Grievances redressed by the King XIII They cast Sir Edmund Sawyer a Member of the Commons House out of it upon solemn Debate (l) committed him Prisoner to the Tower and perpetually disabled him to serve in Parliament for the future for having a chief hand in making a Book of Rates for Tunnage and Poundag and laying imposiiont●… on the Subject in nature of a Projector without grant or Act of Parliament And likewise suspended Mr. John Baber then Recorder and Burgesse of Welle only for making a Warrant to billet Souldiers on some of the Townsmen against the Law and Subjects Liberty out of of fear Resolving that all Projectors and Promoters of illegal impositions Taxes 〈◊〉 Projects out of base fear which Mr. Baber or by regal ' command which Sir Edmund Sawyer pleaded for his excuse were unfit to sit or vote in any English Parliament and fit to be turned out thence by judicial sentence with greatest Insamy And whether any such be fit to be Members at any other season let those whom it concerns determine XIV In this Parliament of 3 Car●…li the (a) Speaker in the close of his first Speech to the King according to (b) usual custome in former ages prayed 3 Privileges in behalf of every Member of the Commons House the first whereof was That for the better attending the publick and important services of the House all and every Member thereof and their necessary attendants may be free both in Person and in Goods from all Arrests and troubles according to their antient Privileges and immunities Which the King then readily granted them all according to the true Rights and Privileges of Parliament By the mouth of the Lord Keeper (c) After which Sir Edward Cook arguing against the King and his Councils power to commit men only by special command without any legal cause expressed in the Warrant in the House used this expression This concerneth not only the Commonalty but the Lords and therefore it deserveth to be spoken of in Parliament because this might dissolve the Parliament and this House for we may be then all one after another thus committed 31 H. 6. rot Parl. n. 26 27. (d) No Member of Parliament can be arrested but for Felony Treason or Peace And all here may be committed under thefe pretences and then where is the Parliament Surely the Lord●… will be glad of this i●… concerns them as well as us (e) Not long after the Common House being informed that Sir Robert Sta●…hop a Member there of was committed by the Lords of the Council thereupon the House in whose power it was either to send an Habeas Corpus or their Sergeant with his Mace for any Member committed as was resolved the last Parliament before this together with the cause thereof ordered That their Sergeant should go with his Mace and bring Sir Robert Stanhop with his Keeper and the Warraut for his commitment into the House the next morning they sate Who accordingly brought him with the Marshal of the Houshold and the Warrant wherein it was declared That his commitment was by the Lords of the Council for breach of the peace and refusing to give Suretiet for the Peace upon a challenge and a Duel intended by him as the truth of the Case appeared Whereupon the House were of opinion That standing committed for his real breach of the peace and refusing to give Sureties he could not have his Privileges without giving good security in the Kings Bench to keep the peace ' And Mr. ●…anshaw alleging That in such caf●…s some Members by order of the House had entred into Recognizances in the Kings Bench in former times to keep the Pe●…ce a Committee was ordered to search out the Presidents and consider of the Case But the quarrel being soon after taken up thereupon the Lords released Sir Robert without Sureties to attend the service of the House On the 28 of April 1627 Sir Simon Steward a Member of the Commons House being served with a Sub poena ad audiendum judicium out of the Star-chamber at the su●…e of the Kings Attor●…y upon a Bill there exhibited against him for sundry misdemeanours complained thereof to the House and shewed that he had been●… inticed to enter into a Bond and Recognizance of 500 l. not to claim any privilege of Parliament The House upon solemn debate hereof April 20. resolved That Sir Simon notwithstanding this Bond and Recognizance should have his Privilege allowed him because he was elected by and served for others and could not make a Proxy and because else the House might thereby be deprived of his attendance by his Censure Yea this Recognisance with the Condition thereof not to claim his Privilege were held to be void and against the Law And by order of the House the p●…rty who served the Subpoena on Sir Simon Steward was sent for as a Delinquent and Sir Simon commanded to attend the service of the House and not the hearing of the cause Vpon this on the 10th of May the Inhabitants of the Isle of Ely exhibited a Petition against Sir Simon to the House complaining that they had exhibited an Information against him in Starchamber for taking bribes about pressing of Souldiers as a Deputy Lieutenant and defrauding the Country about the Kings composition which cause was ready for hearing Petitioning the House that he might wave his privilege having en●…red into a Bond of 500 l. not to claim it But it was resolved upon debate That the Commons House was Judge of any offence done by the Members of it And thereupon ordered That a Committee should examine the Witnesses and other proofs of the Charge against him and so this House to proceed to