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A59485 Two speeches I. The Earl of Shaftsbury's speech in the House of Lords the 20th of October, 1675, II. The D. of Buckinghams speech in the House of Lords the 16th of November, 1675 : together with the protestation and reasons of several lords for the dissolution of this Parliament, entred in the lords journal the day the Parliament was prorogued, Nov. 22d., 1675.; Speech in the House of Lords the 20th of October 1675 Shaftesbury, Anthony Ashley Cooper, Earl of, 1621-1683.; Buckingham, George Villiers, Duke of, 1628-1687. Speech in the House of Lords the 16th of November 1675. 1675 (1675) Wing S2907; Wing B5332; ESTC R13400 11,639 24

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Two Speeches I. The Earl of Shaftsbury's Speech in the House of Lords the 20th of October 1675. II. The D. of Buckinghams Speech in the House of Lords the 16th of November 1675. Together with the Protestation and Reasons of several Lords for the Dissolution of this Parliament Entred in the Lords Journal the day the Parliament was Prorogued Nov. 22d 1675. AMSTERDAM Printed Anno Domini 1675. The Reader is desired before he reads this Book to correct these following Errata's which have escaped the Press through hast PAge 1. l. 17. for have r. hear p. 2. l. 20. for persecuted r. prosecuted p. 3. l. 12 r. of greatest dependance l. 18. r. Lords may think l. 26. for your r. our p. 4. l. 17. for quarrells r. Laws and p. 5. l. 9. for have they r. they have l. 17. r. your Iudicature l. 25. for tends r. leads l. 35. for raise r. pass p. 6. l. 2. r. and when l. 6. for out r. on l. 11. for worst r. right l. 30. r. declare p. 7. l. 9. for and r nor l. 16. r. those in Absolute Monarchies l. 17. r. servile and low l. 25. r. and the People l 37. for Common r. Commission p. 8. l. 14. r. for all this l. 15. cross out Sir Ier. Whitchcot and the Book-sellers l. 17. for your r. our l. 24. r. and the disingagement p. 9. l. 1. for your r. our l. 17. r. by Scituation p. 13. l 22. for Natino r. Notion p. 16. l. 16. for Ld. Mahum r. Ld. Mohun The Earl of Shaftsburys Speech in the House of Lords upon the Debate of appointing a day for the hearing Dr. Shirleys Cause the 20th of October 1675. My Lords OUr All is at Stake and therefore You must give me leave to speak freely before We part with it My Lord Bishop of Salisbury is of Opinion that we should rather appoint a day to consider what to do upon the Petition then to appoint a day of hearing And my Lord Keeper for I may name them at a Committee of the whole House tell 's Us in very Eloquent and Studied Language That he will Propose Vs a way far less lyable to Exception and much less Offensive and Injurious to our own Priviledges then that of appointing a day of Heariug And I beseech Your Lordships did you not after all these fine Words expect some Admirable Proposal but it ended in this That Your Lordships should appoint a day nay a very long day to Consider what You would do in it And my Lord hath undertaken to convince you that this is Your only Course by several undenyable Reasons the first of which is That 't is against your Iudicature to heare this Cause which is not proper before Vs nor ought to be relieved by Vs. To this my Lords give me leave to Answer that I did not expect from a man Professing the Law that after an Answer by Orders of the Court was put in and a day had been appointed for Hearing which by some Accident was set aside and the Plaintiffe moving for a second day to be assigned that ever without hearing Counsel on both sides the Court did enter into the Merits of the Cause And if your Lordships should do it here in a Cause attended with the Circumstances this is it would not only be an apparent Injustice but a plain Subterfuge to avoid a Point you durst not maintain But my Lords second Reason speaks the Matter more clearly for that is Because 't is a doubtful case whether the Commons have not Priviledge and therefore my Lord would have You To appoint a farther and a very long day to consider of it which in plain English is that Your Lordships should confess upon Your Books that you conceive it on second Thoughts a doubtful Case for so Your Appointing a day to Consider will do and that for no other Reason but because my Lord Keeper thinks it so which I hope will not be a Reason to prevail with Your Lordships since we cannot yet by experience tell that his Lordship is capable of thinking Your Lordships in the Right in any Matter against the Iudgement of the House of Commons 't is so hard a thing even for the ablest of men to change ill Habits But my Lords third Reason is the most Admirable of all which he Stiles Vnanswerable viz. That Your Lordships are all convinced in Your Consciences that this if prosecuted will cause a Breach I beseech Your Lordships consider whether this Argument thus applyed would not overthrow the Law of Nature and all the Laws of Right and Property in the World For 't is an Argument and a very good one that You should not stand or insist on Claims where You have not a clear Right or where the Question is not of Consequence and of Moment in a Matter that may produce a Dangerous Pernitious Breach between Relations Persons Bodies politick joyn'd in Interest and High Concerns together So on the other hand if the Obstinacy of the Party in the wrong shall be made an unanswerable Argument for the other Party to recede and give up his just Rights How long shall the People keep their Liberties or the Princes or Governours of the World their Prerogatives How long shall the Husband maintain his dominion or any man his Property from his Friend or his Neighbours Obstinacy But my Lords when I hear my Lord Keeper open so Eloquently the Fatal Consequences of a Breach I cannot forbear to fall into some admiration how it comes to pass That if the Consequences be so fatall the Kings Ministers in the House of Commons of which there are several that are of the Cabinet and have dayly resort to His Majesty and have the Direction and Trust of his Affaires I say that none of hese should press these Consequences there or give the least stop to the Carreer of that House in this Business but that all the Votes concerning this Affair nay even that very Vote That no Appeal from any Court of Equity is cognisable by the House of Lords should pass nemine contradicente And yet all the great Ministers with us here the Bishops and other Lords of dependance on the Court contend this point as if it were pro Aris focis I hear His Majesty in Scotland hath been pleased to declare against Appeals in Parliament I cannot much blame the Court if they think the Lord Keeper and the Iudges being of the Kings Naming and in His Power to change that the Justice of the Nation is safe enough and I my Lord think so too during this Kings time though I hear Scotland not without reason complain already Yet how future Princes may use this Power and how Iudges may be made not men of Ability or Integrity but men of Relation and Dependance and who will do what they are commanded and all mens Causes come to be Judged and Estates disposed on as Great Men at Court please My Lords the Constitution of your
are should not have the same care of doing right and the same conviction what is right upon clear reason offered that other your Lordships have And therefore my Lords I must necessarily think we differ in principles And then 't is very easie to apprehend what is the clearest sense to men of my principle may not at all perswade or affect the Conscience of the best man of a different one I put your Lordships the case plainly as 't is now before us My principle is That the King is King by Law and by the same Law that tbe poor Man enjoys his Cottage and so it becomes the concern of every man in England that has but his liberty to maintain and defend to his utmost the King in all his Rights and Prerogatives My Principle is also That the Lords House and the Iudicature and Rights belonging to it are an Essential part of the Government and Established by the same Law The King governing and administring Justice by His House of Lords and advising with both His Houses of Parliament in all important matters is the Government I own am born under and am obliged to If ever there should happen in future ages which God forbid a King governing by an Army without his Parliament 't is a Government I own not am not obliged to nor was born under According to this Principle every honest man that holds it must endeavour equally to preserve the frame of the Government in all the parts of it and cannot satisfie his Conscience to give up the Lords House for the Service of the Crown or to take away the just rights and priviledges of the House of Commons to please the Lords But there is another Principle got into the World my Lords that hath not been long there for Arch-Bishop Land was the first Author that I remember of it And I cannot find that the Jesuites or indeed the Popish Clergy hath ever own'd it but some of the Episcopal Clergy of our British Isles and 't is withal as 't is new so the most dangerous destructive Doctrine to our Government and Law that ever was 'T is the first of the Cannons published by the Convocation 1640. That Monarchy is of Divine Right This Doctrine was then preached up and maintained by Sibthorp Manwaring and others and of later years by a Book published by Dr. Sanderson Bishop of Lincoln under the name of Arch-Bishop Vsher and how much it is spread amongst our Dignified Clergy is very easily known We all agree That the King and His Government is to be obeyed for Conscience sake and that the Divine Precepts require not onely here but in all parts of the World Obedience to Lawful Governours But that this Family are our Kings and this particular frame of Government is our lawful Constitution and obliges us is owing onely to the particular Laws of our Country This Laudean Doctrine was the root that produced the Bill of Test last Session and some very perplexed Oaths that are of the same nature with that and yet imposed by several Acts of this Parliament In a word if this Doctrine be true our Magna Charta is of no force our Laws are but Rules amongst our selves during the Kings pleasure Monarchy if of Divine Right cannot be bounded or limited by humane Laws nay what 's more cannot bind it self and All our Claims of right by the Law or Constitution of the Government All the Jurisdiction and Priviledge of this House All the Rights and Priviledges of the House of Commons All the Properties and Liberties of the People are to give way not onely to the interest but the will and pleasure of the Crown And the best and worthyest of Men holding this principle must Vote to deliver up all we have not onely when reason of State and the separate Interest of the Crown require it but when the will and pleasure of the King is known would have it so For that must be to a man of that principle the onely rule and measure of Right and Justice Therefore my Lords you see how necessary it is that our Principles be known and how fatal to us all it is that this Principle should he suffered to spread any further My Lords to conclude your Lordships have seen of what consequence this matter is to you and that the appointing a day to consider is no less then declaring your selves doubtful upon second and deliberate thoughts that you put your selves out of your own hands into a more then a moral probability of haviug this Session made a president against you You see your Duty to your selves and the People and that 't is really not the interest of the House of Commons but may be the inclination of the Court that you loose the Power of Appeals but I beg our House may not be Felo de se but that your Lordships would take in this affair the onely course to preserve your selves and appoint a day this day 3 weeks for the hearing Dr. Shirloys Cause which is my humble motion FINIS The Duke of Buckinghams Speech in the House of Lords November 16. 1675. My Lords THere is a thing called Property whatever some men may think that the People of England are fondest of It is that they will never part with and it is that His Majesty in his Speech has promised to take particular care of This my Lords in my opinion can never be done without an Indulgence to all Protestant dissenters It is certainly a very uneasie kind of life to any man that has either Christian Charity Good Nature or Humanity to see his fellow Subjects daily abused divested of their Liberties and Birth-rights and miserably thrown out of their Possessions and Free-holds only because they cannot agree with others in some Opinions and Niceties of Religion which their Consciences will not give them leave to consent to and which even by the consent of those who would impose them are no way necessary to Salvation But my Lords besides this and all that may be said upon it in order to the improvement of our Trade and the increase of the Wealth Strength and Greatness of this Nation which with your leave I shall presume to discourse of at some other time there is methinks in this Nation of persecution a very gross mistake both as to the point of Government and Religion There is so as to the point of Government because it makes every mans safety depend upon the wrong place not upon the Governors or mans living well towards the Civil Government established by Law but upon his being transported with Zeal for every opinion that 's held by those that have power in the Church that 's in fashion And I perceive it 's a mistake in Religion for that it is positively against the express Doctrine and Example of Iesus Christ Nay my Lords as to our Protestant Religion there is something yet worse for we Protestants maintain that none of these Opinions which Christians here