Notes taken in short-hand of a speech in the House of Lords on the debates of appointing a day for hearing Dr. Shirley's cause, Octob. 20, 1675
         Shaftesbury, Anthony Ashley Cooper, Earl of, 1621-1683.
      
       
         
           1679
        
      
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             Notes taken in short-hand of a speech in the House of Lords on the debates of appointing a day for hearing Dr. Shirley's cause, Octob. 20, 1675
             Shaftesbury, Anthony Ashley Cooper, Earl of, 1621-1683.
          
           4 p.
           
             s.n.,
             [London? :
             1679]
          
           
             Caption title.
             Attributed to Shaftesbury. Cf. NUC pre-1956.
             Place and date of publication from NUC pre-1956.
             Reproduction of original in Harvard University Libraries.
          
        
      
    
     
       
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           Sherley, Thomas, 1638-1678.
           England and Wales. -- Parliament. -- House of Lords.
           Divine right of kings.
        
      
    
     
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           Notes
           taken
           in
           Short-hand
           of
           a
           Speech
           in
           the
           House
           of
           Lords
           on
           the
           Debates
           of
           appointing
           a
           day
           for
           Hearing
           Dr.
           
           Shirley's
           Cause
           ,
           
             Octob.
             20.
             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
               Sarum
               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
               ,
               tells
               us
               in
               a
               very
               Eloquent
               and
               Studied
               Language
               :
               That
               he
               will
               propose
               us
               a
               way
               far
               less
               lyable
               to
               Exceptions
               ,
               and
               much
               less
               offensive
               to
               our
               Priviledges
               than
               that
               of
               appointing
               a
               day
               of
               Hearing
               .
               And
               I
               beseech
               your
               Lordships
               ,
               did
               you
               not
               after
               all
               these
               fine
               words
               ,
               expect
               some
               admirable
               proposals
               ,
               but
               it
               ended
               in
               this
               ;
               that
               your
               Lordships
               should
               appoint
               a
               day
               ,
               nay
               a
               very
               long
               day
               ,
               to
               consider
               what
               to
               do
               in
               it
               :
               And
               my
               Lord
               hath
               undertaken
               to
               convince
               you
               ,
               that
               this
               is
               the
               only
               course
               by
               several
               undenyable
               reasons
               .
               The
               first
               of
               which
               is
               ,
               that
               it
               is
               against
               our
               Judicature
               to
               hear
               this
               cause
               which
               is
               not
               proper
               for
               us
               ,
               nor
               ought
               to
               be
               relieved
               by
               us
               .
               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
               order
               of
               the
               Court
               was
               put
               in
               ,
               and
               a
               day
               had
               been
               appointed
               for
               hearing
               ,
               which
               by
               some
               accident
               was
               set
               aside
               ,
               and
               the
               Plaintiff
               moving
               for
               a
               second
               day
               to
               be
               assigned
               ;
               that
               ever
               without
               hearing
               Councel
               on
               both
               sides
               ,
               the
               Court
               did
               enter
               into
               the
               merits
               of
               the
               cause
               .
               And
               if
               your
               Lordships
               should
               do
               it
               in
               a
               cause
               attended
               with
               the
               circumstances
               as
               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
               plainly
               ,
               for
               it
               is
               because
               it
               is
               a
               doubtful
               case
               whether
               the
               Commons
               have
               not
               priviledge
               ;
               therefore
               my
               Lord
               would
               have
               you
               to
               appoint
               a
               further
               &
               very
               long
               day
               to
               consider
               of
               it
               ,
               which
               indeed
               in
               plain
               English
               is
               ,
               that
               your
               Lordships
               would
               confess
               upon
               your
               own
               Books
               that
               you
               conceive
               it
               on
               second
               thoughts
               a
               doubtful
               case
               ,
               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
               you
               cannot
               yet
               by
               experience
               tell
               that
               his
               Lordship
               is
               capable
               of
               thinking
               your
               Lordships
               in
               the
               right
               in
               any
               matter
               against
               the
               Judgment
               of
               the
               House
               of
               Commons
               ;
               't
               is
               so
               hard
               a
               thing
               even
               for
               the
               ablest
               man
               to
               change
               ill
               habits
               .
            
             
               But
               now
               my
               Lords
               third
               reason
               is
               the
               most
               admirable
               of
               all
               ,
               which
               he
               stiles
               unanswerable
               ,
               (
               viz.
               )
               That
               your
               Lordships
               are
               all
               convinced
               in
               your
               own
               Conscience
               that
               this
               (
               if
               prosecuted
               )
               will
               cause
               a
               breach
               :
               I
               beseech
               your
               Lordships
               to
               consider
               whether
               the
               Argument
               thus
               applyed
               would
               not
               overthrow
               the
               Law
               of
               Nature
               and
               all
               the
               Laws
               of
               right
               and
               property
               in
               the
               World
               ;
               for
               it
               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
               moment
               ,
               in
               a
               matter
               that
               may
               produce
               a
               dangerous
               and
               pernicious
               breach
               between
               Relations
               ,
               Persons
               or
               Bodies-politick
               joyned
               in
               Interests
               and
               high
               Concerns
               together
               :
               So
               on
               the
               other
               hand
               ,
               if
               the
               obstinacy
               of
               the
               parties
               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
               and
               Governours
               of
               the
               World
               their
               Prerogatives
               ?
               How
               long
               shall
               the
               Husband
               maintain
               his
               Dominion
               ,
               or
               any
               man
               his
               property
               from
               his
               Friends
               ,
               or
               his
               Neighbours
               Obstinacy
               ?
            
             
               But
               my
               Lords
               ,
               when
               I
               hear
               my
               Lord
               Keeper
               open
               so
               Eloquently
               the
               fatal
               consequence
               of
               a
               breach
               ,
               I
               cannot
               forbear
               to
               fall
               into
               some
               admiration
               how
               it
               comes
               to
               pass
               ;
               that
               (
               if
               the
               consequences
               be
               so
               fatal
               )
               the
               Kings
               Ministers
               in
               the
               House
               of
               Commons
               ;
               (
               of
               which
               I
               am
               sure
               there
               are
               several
               that
               are
               of
               the
               Cabinet
               ,
               and
               have
               easie
               resort
               to
               his
               Majesty
               ,
               and
               have
               the
               direction
               and
               trust
               of
               his
               Affairs
               ;
               )
               I
               say
               that
               none
               of
               these
               should
               press
               these
               consequences
               there
               ,
               or
               give
               the
               least
               stop
               in
               the
               career
               of
               that
               House
               in
               this
               business
               ;
               but
               that
               all
               the
               Votes
               concerning
               this
               affair
               ,
               nay
               ,
               even
               that
               very
               Vote
               that
               no
               Appeal
               is
               cognoscible
               by
               the
               House
               of
               Lords
               ,
               should
               pass
               
                 nemine
                 contradicente
              
               ,
               and
               yet
               all
               the
               great
               Ministers
               here
               ,
               yea
               Bishops
               and
               other
               Lords
               of
               greatest
               dependance
               on
               the
               Court
               contend
               this
               point
               ,
               as
               if
               it
               were
               
                 pro
                 aris
                 &
                 foris
              
               :
               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
               Judges
               being
               of
               the
               Kings
               naming
               ,
               and
               in
               his
               power
               to
               change
               )
               that
               the
               justice
               of
               the
               Nation
               is
               safe
               enough
               ,
               and
               I
               my
               Lords
               may
               think
               so
               too
               during
               this
               Kings
               Reign
               ;
               though
               I
               hear
               Scotland
               (
               not
               without
               reason
               )
               complain
               already
               .
               Yet
               how
               future
               Princes
               may
               use
               this
               power
               ,
               and
               how
               Judges
               may
               be
               made
               ,
               not
               men
               of
               Ability
               or
               Integrity
               ,
               men
               of
               Relation
               and
               dependance
               ,
               who
               will
               do
               what
               they
               are
               commanded
               ,
               and
               all
               mens
               Causes
               come
               to
               be
               judged
               and
               Estates
               disposed
               of
               as
               great
               men
               at
               Court
               please
               ,
               is
               to
               be
               considered
               .
            
             
             
               My
               Lords
               ,
               the
               constitution
               of
               our
               Government
               hath
               provided
               better
               for
               us
               ,
               and
               I
               can
               never
               believe
               so
               wise
               a
               Body
               as
               the
               House
               of
               Commons
               will
               prove
               that
               foolish
               woman
               that
               pluck'd
               down
               her
               house
               with
               her
               hands
               .
            
             
               My
               Lords
               ,
               I
               must
               presume
               to
               say
               something
               ,
               to
               wit
               ,
               what
               was
               offered
               by
               my
               Lord
               Bishop
               of
               Sarum
               ,
               a
               man
               of
               great
               Learning
               and
               Ability
               ,
               and
               always
               versed
               in
               a
               stronger
               and
               closer
               way
               of
               reasoning
               then
               the
               business
               of
               the
               Noble
               Lord
               I
               answered
               before
               did
               accustom
               him
               to
               ;
               and
               that
               Reverend
               Prelate
               hath
               stated
               the
               matter
               very
               fairly
               upon
               two
               heads
               .
            
             
               1.
               
               Whether
               the
               hearing
               of
               Causes
               and
               Appeals
               ,
               and
               especially
               in
               this
               point
               where
               the
               Members
               have
               priviledge
               ,
               be
               so
               material
               to
               us
               ,
               that
               it
               ought
               not
               to
               give
               way
               to
               the
               reason
               of
               State
               of
               greater
               Affairs
               that
               press
               us
               at
               this
               time
               .
            
             
               2.
               
               If
               the
               business
               be
               of
               that
               moment
               ,
               yet
               whether
               the
               appointing
               a
               day
               to
               consider
               of
               the
               Petition
               would
               prove
               of
               that
               consequence
               and
               prejudice
               to
               our
               cause
               .
            
             
               My
               Lords
               ,
               to
               these
               give
               me
               leave
               in
               the
               first
               place
               to
               say
               that
               this
               matter
               is
               no
               less
               then
               your
               whole
               Judicature
               ,
               and
               your
               Judicature
               is
               no
               less
               then
               the
               Life
               and
               Soul
               of
               the
               Dignity
               of
               the
               Peerage
               of
               England
               ;
               you
               will
               quickly
               grow
               burthensom
               ,
               if
               you
               grow
               useless
               ,
               you
               have
               now
               the
               greatest
               and
               most
               useful
               end
               of
               Parliament
               principally
               in
               you
               ,
               which
               is
               not
               to
               make
               new
               Laws
               ,
               but
               to
               redress
               Grievances
               and
               to
               maintain
               the
               Old
               Land-Marks
               .
               The
               House
               of
               Commons
               business
               is
               to
               complain
               to
               your
               Lordships
               to
               redress
               not
               only
               the
               Complaints
               from
               them
               that
               are
               the
               Eyes
               of
               the
               Nation
               ,
               but
               also
               other
               particular
               persons
               that
               address
               to
               you
               .
               A
               Land
               may
               groan
               under
               a
               multitude
               of
               Laws
               ,
               and
               I
               believe
               ours
               does
               ,
               and
               when
               Laws
               grow
               so
               multiplied
               yearly
               ,
               they
               oftner
               prove
               snares
               then
               the
               directions
               and
               security
               of
               the
               people
               :
               I
               look
               upon
               it
               as
               the
               ignorance
               and
               weakness
               of
               the
               latter
               Age
               ,
               if
               not
               worse
               ,
               the
               effect
               of
               the
               designs
               of
               ill
               men
               ,
               that
               it
               's
               grown
               a
               general
               Opinion
               ,
               that
               when
               there
               is
               not
               a
               particular
               direction
               in
               some
               Act
               of
               Parliament
               the
               Law
               i●
               defective
               ,
               as
               if
               the
               Common
               Law
               had
               not
               provided
               much
               better
               ,
               shorter
               and
               plainer
               for
               the
               peace
               and
               quiet
               of
               the
               Nation
               ,
               then
               intricate
               ,
               long
               and
               perplexed
               Statutes
               do
               ,
               which
               has
               made
               work
               for
               the
               Lawyers
               ,
               given
               power
               to
               the
               Judges
               ,
               lessen'd
               your
               Lordships
               power
               ,
               and
               in
               a
               good
               measure
               unhinged
               the
               Security
               of
               the
               People
               .
            
             
               My
               Lord
               Bishop
               tells
               you
               ,
               your
               whole
               Judicature
               is
               not
               in
               question
               ,
               but
               only
               the
               Priviledge
               of
               the
               House
               of
               Commons
               ,
               of
               their
               Members
               not
               appearing
               at
               your
               Bar.
               My
               Lords
               ,
               were
               it
               no
               more
               ,
               yet
               that
               for
               Justice
               and
               the
               peoples
               sake
               you
               ought
               not
               to
               part
               with
               ,
               how
               far
               a
               priviledge
               of
               the
               House
               of
               Commons
               ,
               their
               Servants
               and
               those
               they
               own
               doth
               extend
               ,
               Westminster-hall
               may
               with
               grief
               tell
               your
               Lordships
               ,
               they
               have
               neither
               Presidents
               ,
               nor
               Reason
               ,
               nor
               any
               Justifiable
               pretence
               to
               shew
               against
               us
               ;
               and
               therefore
               my
               Lords
               if
               you
               part
               with
               your
               undoubted
               right
               meerly
               for
               asking
               ,
               where
               will
               their
               asking
               stop
               .
               And
               my
               Lords
               ,
               we
               are
               sure
               it
               doth
               not
               stop
               here
               ,
               for
               they
               have
               already
               
                 nemine
                 contradicente
              
               Voted
               against
               your
               Lordships
               power
               of
               Appeal
               from
               any
               Court
               of
               Equity
               ,
               so
               that
               you
               may
               plainly
               see
               where
               the
               confusion
               and
               reason
               of
               State
               means
               to
               stop
               ,
               not
               one
               jot
               of
               laying
               your
               whole
               Judicature
               aside
               ,
               for
               the
               reason
               of
               passing
               the
               Kings
               Money
               if
               not
               interrupting
               good
               Laws
               ,
               or
               whatever
               else
               ,
               must
               of
               necessity
               avoid
               all
               breach
               upon
               what
               score
               soever
               .
               And
               your
               Lordships
               plainly
               see
               the
               breach
               will
               be
               as
               well
               made
               upon
               our
               Judicature
               in
               general
               ,
               as
               upon
               this
               ;
               so
               that
               when
               your
               Lordships
               have
               appointed
               a
               day
               ,
               a
               very
               long
               day
               to
               consider
               whether
               Dr.
               
               Shirley's
               Cause
               be
               not
               too
               hot
               to
               handle
               ;
               and
               when
               you
               have
               done
               the
               same
               for
               Sir
               
                 Nicholas
                 Stoughton
              
               ,
               whose
               Petition
               I
               hear
               is
               coming
               in
               ,
               your
               Lordships
               must
               proceed
               to
               a
               Vote
               to
               lay
               aside
               all
               private
               business
               for
               six
               Weeks
               :
               For
               the
               phrase
               of
               private
               business
               had
               obtained
               this
               last
               Age
               upon
               that
               which
               is
               your
               most
               publick
               duty
               and
               business
               ,
               namely
               the
               administration
               of
               Justice
               .
               And
               I
               can
               tell
               your
               Lordships
               ,
               besides
               the
               reason
               that
               leads
               to
               it
               ,
               that
               I
               have
               some
               intelligence
               of
               desiring
               such
               a
               Vote
               ;
               for
               on
               the
               second
               day
               of
               our
               sitting
               ,
               at
               the
               rising
               of
               the
               Lords
               House
               there
               came
               a
               Gentleman
               into
               the
               Lobby
               ,
               belonging
               to
               a
               very
               great
               Person
               ,
               and
               asked
               in
               great
               haste
               ,
               are
               the
               Lords
               risen
               ,
               have
               they
               passed
               the
               Vote
               ,
               and
               being
               asked
               what
               Vote
               ,
               he
               answer'd
               ,
               the
               Vote
               of
               no
               private
               business
               for
               six
               Weeks
               .
               My
               Lords
               ,
               if
               this
               be
               your
               business
               ,
               where
               are
               you
               ;
               if
               we
               are
               to
               post-pone
               our
               Judicature
               for
               fear
               of
               offending
               the
               House
               of
               Commons
               for
               six
               Weeks
               ,
               that
               they
               may
               in
               the
               interim
               pass
               the
               Money
               and
               other
               acceptable
               Bills
               that
               His
               Majesty
               thinks
               of
               importance
               .
               Are
               so
               many
               wise
               men
               of
               the
               House
               of
               Commons
               so
               lull'd
               to
               pass
               all
               these
               so
               acceptable
               things
               ,
               and
               when
               they
               have
               done
               to
               let
               us
               loose
               upon
               them
               ,
               will
               they
               not
               remember
               this
               next
               time
               there
               is
               want
               of
               Money
               ,
               or
               may
               they
               not
               rather
               be
               assured
               by
               those
               Ministers
               that
               are
               among
               them
               ,
               and
               go
               on
               so
               unanimously
               with
               them
               ,
               that
               the
               King
               is
               on
               their
               side
               in
               this
               Controversy
               :
               And
               then
               I
               beg
               your
               Lordships
               where
               are
               you
               ,
               after
               you
               have
               but
               the
               last
               Sessions
               asserted
               your
               rights
               of
               Judicature
               so
               highly
               even
               in
               this
               point
               ;
               and
               after
               the
               House
               of
               Com
               :
               had
               gone
               so
               high
               against
               you
               on
               the
               other
               hand
               ,
               as
               to
               post
               their
               Declaration
               and
               Remonstrance
               on
               
                 Westm.
                 
                 hall
              
               Doors
               :
               The
               very
               next
               Session
               after
               you
               postpone
               the
               same
               Causes
               ,
               and
               not
               only
               those
               ,
               but
               all
               Judicatures
               whatever
               ;
               I
               beseech
               your
               Lordships
               ,
               will
               not
               this
               prove
               a
               fatal
               President
               and
               Confession
               against
               your selves
               :
               'T
               is
               a
               maxime
               ,
               and
               a
               rational
               one
               amongst
               Lawyers
               ,
               that
               one
               President
               where
               the
               Case
               hath
               been
               contested
               ,
               is
               worth
               a
               100.
               where
               there
               hath
               been
               no
               Contest
               .
               My
               Lords
               ,
               in
               saying
               this
               I
               humbly
               suppose
               I
               have
               given
               sufficient
               Answer
               to
               my
               Lord
               Bishops
               two
               Questions
               ,
               for
               it
               is
               a
               plain
               Confession
               that
               it
               is
               a
               thing
               never
               heard
               of
               before
               ,
               for
               it
               is
               the
               very
               same
               Case
               that
               you
               formerly
               Ordered
               ,
               and
               so
               strongly
               asserted
               ,
               so
               that
               upon
               time
               and
               all
               the
               deliberation
               imaginable
               you
               declare
               yourselves
               doubtful
               ,
               and
               you
               put
               your selves
               out
               of
               your
               own
               hands
               that
               power
               you
               have
               no
               reason
               to
               believe
               on
               your
               sides
               in
               this
               question
               .
            
             
               My
               Lords
               ,
               I
               have
               all
               the
               Duty
               imaginable
               to
               His
               Majesty
               ,
               and
               should
               with
               all
               submission
               give
               way
               to
               any
               thing
               that
               he
               should
               think
               of
               Importance
               to
               His
               Affairs
               ,
               but
               in
               this
               point
               it
               is
               to
               alter
               the
               Government
               .
            
             
               If
               you
               are
               asked
               to
               lay
               this
               aside
               ,
               yet
               there
               is
               no
               reason
               of
               State
               can
               be
               an
               Argument
               to
               your
               Lordships
               to
               turn
               yourselves
               out
               of
               that
               Interest
               you
               have
               in
               the
               Constitution
               of
               the
               Government
               :
               It
               is
               not
               only
               your
               concern
               ,
               but
               it
               is
               the
               concern
               of
               the
               poorest
               man
               in
               England
               ,
               that
               you
               keep
               your
               Station
               .
               It
               is
               your
               Lordships
               concern
               ,
               and
               that
               so
               highly
               ,
               that
               I
               will
               be
               bold
               to
               say
               the
               King
               can
               give
               you
               no
               recompence
               for
               it
               .
               What
               are
               empty
               Titles
               ?
               What
               is
               present
               Power
               ,
               or
               Riches
               ,
               or
               great
               Estate
               ,
               wherein
               I
               have
               no
               firm
               no
               fixed
               Property
               ?
               'T
               is
               the
               constitution
               of
               the
               Government
               ,
               and
               maintaining
               it
               that
               secures
               your
               Lordships
               ,
               and
               every
               man
               else
               in
               what
               he
               has
               ;
               the
               poorest
               Lord
               ,
               if
               the
               Birthright
               of
               the
               Peerage
               be
               maintained
               ,
               has
               a
               fair
               prospect
               before
               him
               for
               himself
               and
               his
               Posterity
               ,
               but
               the
               greatest
               power
               with
               greatest
               Title
               and
               Riches
               ,
               is
               but
               a
               mean
               Creature
               ,
               and
               maintains
               those
               Monarchies
               no
               otherwise
               then
               by
               servile
               and
               low
               flatteries
               ,
               and
               upon
               uncertain
               terms
               .
            
             
               My
               Lords
               ,
               'T
               is
               not
               your
               Interest
               ,
               but
               the
               peoples
               that
               you
               maintain
               your
               rights
               ,
               for
               let
               the
               House
               of
               Commons
               and
               Gentry
               of
               England
               think
               what
               they
               please
               ,
               there
               is
               no
               Prince
               that
               ever
               governs
               without
               a
               Nobility
               or
               an
               Army
               ;
               If
               you
               will
               not
               have
               one
               ,
               you
               must
               have
               the
               other
               ,
               or
               else
               the
               Monarchy
               cannot
               long
               support
               it self
               from
               tumbling
               down
               into
               a
               Democratical
               Republick
               .
               Your
               Lordships
               and
               the
               people
               have
               the
               same
               Cause
               ,
               and
               the
               same
               Enemies
               .
               My
               Lord
               ,
               would
               you
               be
               in
               favour
               with
               the
               King
               ;
               't
               is
               a
               very
               ill
               way
               to
               it
               ,
               to
               put
               your selves
               out
               of
               a
               future
               capacity
               to
               be
               considerable
               in
               his
               service
               .
               I
               do
               not
               find
               in
               Story
               or
               Modern
               Experience
               ,
               but
               that
               it
               is
               better
               ,
               and
               a
               man
               is
               much
               more
               regarded
               that
               is
               still
               in
               a
               capacity
               and
               opportunity
               to
               serve
               ,
               then
               he
               that
               hath
               wholly
               deprived
               himself
               of
               all
               for
               his
               Princes
               sake
               .
               And
               therefore
               I
               declare
               I
               will
               serve
               my
               Prince
               as
               a
               Peer
               ,
               but
               will
               not
               destroy
               the
               Peerage
               to
               serve
               him
               .
            
             
               My
               Lords
               ,
               I
               have
               heard
               of
               twenty
               foolish
               Models
               and
               Expedients
               to
               secure
               the
               Justice
               of
               the
               Nation
               ,
               and
               yet
               to
               take
               this
               right
               from
               your
               Lordships
               :
               As
               the
               King
               by
               his
               Commission
               to
               appoint
               Commissioners
               to
               hear
               Appeals
               ,
               or
               that
               the
               twelve
               Judges
               should
               be
               the
               persons
               ,
               or
               that
               persons
               should
               be
               appointed
               by
               Act
               of
               Parliament
               ,
               which
               are
               all
               not
               only
               to
               take
               away
               your
               Lordships
               just
               right
               ,
               which
               ought
               not
               to
               be
               altered
               any
               more
               than
               any
               other
               part
               of
               the
               Government
               ,
               but
               are
               in
               themselves
               when
               well
               weighed
               ,
               ridiculous
               :
               I
               must
               deal
               freely
               with
               your
               Lordships
               ,
               these
               things
               could
               never
               have
               risen
               in
               mens
               minds
               ,
               but
               that
               there
               has
               been
               some
               kind
               of
               provocation
               that
               has
               given
               the
               first
               rise
               of
               it
               .
               I
               pray
               your
               Lordships
               forgive
               me
               if
               on
               this
               occasion
               I
               put
               you
               in
               mind
               of
               Committe-Dinners
               ,
               and
               the
               scandal
               of
               it
               ,
               those
               droves
               that
               attend
               all
               Causes
               ;
               't
               was
               come
               to
               that
               pass
               ,
               that
               men
               even
               hired
               or
               borrowed
               of
               their
               Friends
               handsom
               Sisters
               or
               Daughters
               to
               deliver
               their
               Petitions
               ,
               but
               yet
               for
               all
               this
               I
               must
               say
               that
               the
               Judgments
               have
               been
               impartial
               unless
               in
               one
               or
               two
               Causes
               ,
               and
               those
               we
               owe
               most
               to
               that
               Bench
               from
               whence
               now
               I
               apprehend
               most
               danger
               .
            
             
               There
               is
               one
               thing
               I
               have
               almost
               forgot
               to
               speak
               to
               ,
               which
               is
               the
               conjuncture
               of
               time
               ,
               the
               hinge
               on
               which
               our
               reason
               of
               State
               turns
               ;
               and
               to
               that
               give
               me
               leave
               to
               say
               ,
               if
               this
               be
               not
               a
               time
               of
               leasure
               to
               vindicate
               your
               Priviledges
               ,
               you
               must
               never
               expect
               one
               ;
               I
               would
               almost
               say
               that
               the
               harmony
               ,
               good
               agreement
               and
               concord
               that
               is
               to
               be
               prayed
               for
               at
               other
               times
               may
               be
               fatal
               to
               us
               now
               :
               We
               owe
               the
               Peace
               of
               this
               last
               two
               years
               and
               disengagement
               from
               the
               French
               Interest
               ,
               to
               the
               two
               Houses
               differing
               from
               the
               sense
               and
               Opinion
               of
               White-hall
               :
               So
               as
               at
               this
               time
               the
               thing
               in
               the
               World
               this
               Nation
               has
               most
               reason
               to
               apprehend
               is
               a
               general
               Peace
               ,
               which
               cannot
               now
               happen
               without
               very
               advantageous
               terms
               to
               the
               French
               ,
               and
               disadvantageous
               to
               the
               house
               of
               Austria
               .
            
             
               We
               are
               the
               Kings
               great
               Councellors
               ,
               and
               if
               so
               ,
               have
               right
               to
               differ
               ,
               and
               give
               contrary
               Councells
               to
               those
               few
               that
               are
               nearest
               about
               him
               :
               I
               fear
               they
               would
               advance
               a
               general
               Peace
               ,
               I
               am
               sure
               I
               would
               advise
               against
               it
               ,
               and
               hinder
               it
               at
               this
               time
               by
               all
               the
               ways
               imaginable
               :
               I
               heartily
               wish
               nothing
               from
               you
               may
               add
               weight
               and
               reputation
               to
               those
               Councellors
               who
               would
               assist
               the
               French
               :
               No
               Money
               for
               Ships
               ,
               nor
               preparations
               you
               can
               make
               ,
               nor
               personal
               assurance
               our
               King
               can
               have
               ,
               can
               secure
               us
               from
               the
               French
               if
               they
               are
               at
               leisure
               ;
               he
               is
               grown
               too
               potent
               for
               us
               at
               Sea
               ,
               he
               has
               built
               24
               Ships
               this
               last
               year
               ,
               and
               has
               30.
               more
               in
               number
               then
               we
               ;
               besides
               the
               advantage
               ,
               that
               our
               Ships
               are
               all
               out
               of
               Order
               ,
               and
               his
               so
               exquisitely
               provided
               for
               ,
               that
               every
               Ship
               has
               its
               particular
               Store-house
               ,
               't
               is
               incredible
               the
               Money
               he
               hath
               ,
               and
               is
               bestowing
               in
               making
               Harbours
               ,
               he
               makes
               
               Nature
               it self
               give
               way
               to
               the
               vastness
               of
               his
               Expence
               :
               And
               for
               all
               this
               shall
               a
               Prince
               so
               wise
               ,
               so
               intent
               upon
               his
               Affairs
               ,
               be
               thought
               to
               make
               these
               preparations
               to
               sail
               over
               Land
               and
               fall
               on
               the
               back
               of
               Hungary
               ,
               or
               is
               it
               possible
               he
               should
               oversee
               his
               Interest
               in
               seizing
               of
               Ireland
               ,
               a
               thing
               so
               seazable
               to
               him
               if
               he
               be
               Master
               of
               the
               Seas
               ,
               (
               as
               he
               certainly
               now
               is
               ,
               )
               and
               which
               when
               attained
               ,
               gives
               him
               all
               the
               Southern
               and
               
                 Mediteranean
                 ,
                 East
              
               and
               West-India
               Trade
               ,
               and
               renders
               him
               both
               by
               Scituation
               and
               Excellent
               Harbours
               Master
               of
               the
               Seas
               without
               dispute
               .
               My
               Lords
               ,
               I
               conclude
               this
               point
               ,
               I
               fear
               the
               Court
               of
               England
               is
               greatly
               mistaken
               in
               it
               ,
               and
               I
               do
               not
               wish
               them
               the
               reputation
               of
               the
               concurrence
               of
               the
               Kingdom
               ,
               and
               this
               out
               of
               the
               most
               sincere
               Loyalty
               to
               His
               Majesty
               ,
               and
               love
               to
               my
               Nation
               .
            
             
               My
               Lords
               ,
               I
               have
               but
               one
               thing
               more
               to
               trouble
               you
               with
               ,
               and
               that
               peradventure
               a
               consideration
               of
               the
               greatest
               weight
               and
               concern
               both
               to
               your
               Lordships
               and
               the
               whole
               Nation
               :
               I
               have
               often
               seen
               in
               this
               house
               that
               the
               Arguments
               with
               the
               strongest
               reason
               and
               most
               convincing
               to
               the
               Lay
               Lords
               in
               general
               ,
               have
               not
               had
               the
               same
               effect
               upon
               the
               Bishops
               Bench
               ,
               but
               that
               they
               have
               unanimously
               gone
               against
               us
               in
               matters
               that
               many
               of
               us
               have
               thought
               essential
               and
               undoubted
               rights
               :
               And
               I
               consider
               that
               't
               is
               not
               possible
               that
               men
               of
               great
               Learning
               ,
               Piety
               and
               Reason
               ,
               (
               as
               their
               Lordships
               are
               ,
               )
               should
               not
               have
               the
               same
               care
               of
               doing
               right
               ,
               and
               the
               same
               conviction
               what
               is
               right
               upon
               clear
               reason
               that
               is
               offered
               ,
               which
               other
               your
               Lordships
               have
               .
               And
               therefore
               my
               Lords
               ,
               I
               must
               necessarily
               think
               we
               differ
               in
               Principles
               ,
               and
               then
               't
               is
               very
               easie
               to
               apprehend
               that
               the
               clearest
               sense
               to
               men
               of
               my
               Principles
               may
               not
               at
               all
               perswade
               or
               affect
               the
               Conscience
               of
               the
               best
               man
               of
               a
               different
               one
               .
               My
               Principle
               is
               ,
               that
               the
               King
               is
               King
               by
               Law
               ,
               and
               by
               the
               same
               Law
               that
               a
               poor
               man
               enjoys
               his
               Cottage
               ,
               and
               also
               it
               becomes
               the
               concerns
               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
               Judicature
               and
               right
               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
               ,
               was
               not
               born
               under
               ,
               nor
               am
               obliged
               to
               ,
               and
               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
               satisfy
               his
               Conscience
               to
               give
               up
               the
               rights
               of
               the
               Lords
               House
               for
               the
               service
               of
               the
               Crown
               ,
               or
               to
               take
               away
               the
               just
               Rights
               and
               Priviledges
               of
               the
               Commons
               to
               please
               the
               Lords
               .
               But
               there
               is
               another
               Principle
               got
               into
               the
               World
               my
               Lords
               ,
               that
               hath
               not
               been
               long
               there
               :
               For
               Archbishop
               Laud
               was
               the
               first
               Author
               that
               I
               remember
               of
               it
               ,
               and
               I
               cannot
               find
               that
               the
               Jesuits
               ,
               or
               indeed
               the
               Papist
               Clergy
               hath
               ever
               owned
               it
               ,
               but
               some
               of
               the
               Episcopal
               Clergy
               of
               the
               British
               Isles
               ;
               and
               as
               it
               's
               new
               ,
               so
               't
               is
               withall
               the
               most
               dangerous
               and
               destructive
               Doctrine
               to
               our
               Government
               and
               Law
               that
               ever
               was
               :
               'T
               is
               the
               first
               of
               the
               Clamours
               published
               by
               the
               Convocation
               in
               the
               year
               1640.
               
               
                 That
                 Monarchy
                 is
                 of
                 Divine
                 Right
                 .
              
               This
               Doctrine
               was
               then
               Preached
               up
               by
               Sybthorpe
               and
               Manwaringe
               ,
               and
               others
               of
               later
               years
               ,
               by
               Books
               published
               by
               Dr
               :
               Sanderson
               Bishop
               of
               Lincoln
               under
               the
               name
               of
               Archbishop
               Vslter
               ,
               and
               how
               much
               it
               is
               spread
               amongst
               our
               dignified
               Clergy
               is
               very
               easily
               known
               .
            
             
               We
               all
               agree
               that
               the
               King
               and
               Government
               is
               to
               be
               obeyed
               for
               Conscience
               sake
               ,
               and
               that
               the
               Divine
               presence
               requires
               not
               only
               here
               ,
               but
               in
               all
               parts
               of
               the
               World
               obedience
               to
               lawful
               Governours
               .
               And
               that
               this
               Family
               are
               our
               Kings
               ,
               and
               his
               particular
               frame
               of
               Government
               is
               our
               lawful
               Constitution
               ,
               but
               obliges
               us
               in
               owning
               only
               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
               end
               ,
               yet
               imposed
               by
               several
               Acts
               of
               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
               limitted
               by
               humane
               Laws
               ,
               nay
               what
               is
               more
               ,
               cannot
               bind
               it self
               ,
               and
               all
               our
               claimes
               of
               right
               by
               the
               Law
               ,
               or
               the
               Constitution
               of
               the
               Government
               ,
               all
               the
               Jurisdiction
               and
               priviledge
               of
               this
               House
               ,
               all
               the
               Rights
               and
               Liberties
               of
               the
               House
               of
               Commons
               ,
               all
               the
               Properties
               and
               Liberties
               of
               the
               people
               are
               to
               give
               way
               not
               only
               to
               the
               Interest
               ,
               but
               the
               Will
               and
               Pleasure
               of
               the
               Crown
               ,
               and
               the
               best
               and
               worthiest
               of
               men
               holding
               this
               Principle
               ,
               must
               Vote
               to
               deliver
               up
               all
               we
               have
               ,
               not
               only
               when
               reason
               of
               State
               ,
               but
               when
               the
               pleasure
               of
               the
               King
               will
               have
               it
               so
               .
            
             
               Therefore
               my
               Lords
               you
               see
               how
               necessarily
               it
               is
               that
               our
               Principles
               be
               known
               ,
               and
               how
               fatal
               to
               us
               all
               it
               is
               that
               this
               principle
               should
               be
               suffered
               to
               spread
               any
               further
               .
            
             
               My
               Lords
               ,
               To
               conclude
               ,
               your
               Lordships
               have
               seen
               of
               what
               consequence
               this
               is
               to
               you
               ,
               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
               morally
               probability
               of
               having
               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
               people
               ,
               but
               may
               be
               the
               inclination
               of
               the
               Court
               that
               you
               loose
               the
               power
               of
               Appeals
               :
               But
               I
               beg
               that
               our
               House
               may
               not
               be
               
                 Felo
                 de
                 se
              
               ,
               but
               that
               your
               Lordships
               in
               this
               Affair
               will
               take
               the
               only
               course
               to
               preserve
               your selves
               ,
               and
               appoint
               a
               day
               this
               day
               three
               weeks
               for
               the
               hearing
               of
               Dr.
               
               Shirley's
               Cause
               ,
               is
               my
               humble
               Petition
               .