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cause_n bench_n court_n king_n 1,919 5 4.4386 3 false
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B05024 Familiar letters. Vol. II. Containing thirty six letters, / by the Right Honourable John, late Earl of Rochester. Printed from his original papers. With letters and speeches, by the late Duke of Buckingham, the Honourable Henry Savile, Esq; Sir George Etherridge, to several persons of honour. And letters by several eminent hands. Rochester, John Wilmot, Earl of, 1647-1680.; Savile, Henry, 1642-1687.; Brown, Thomas, 1663-1704.; Buckingham, George Villiers, Duke of, 1628-1687. 1699 (1699) Wing R1748; ESTC R182833 66,393 222

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number or Rhetorick describe Oh Dorinda that I were at your Feet to give you fresh Assurances of the Inviolableness of my Passion whose Greatness was once your Wonder and Delight LETTERS AND SPEECHES ON SEVERAL SUBJECTS By the Late Duke of Buckingham To the Lord Bercley My LORD I Must needs beg your Lordship's Excuse for not waiting upon you next Sunday at Dinner for two Reasons The first is Because Mrs. B refuses to hear me preach which I take to be a kind Slur upon so learned a Divine as I am The other That Sir Robert Cl is to go into the Country upon Monday and has desir'd me to stay within to Morrow about Signing some Papers which must be dispatch'd for the Clearing so much of my Estate as in spite of my own Negligence and the extraordinary Perquisits I have receiv'd from the Court is yet left me I 'm sure your Lordship is too much my Friend not to give me Leave to look after my Temporal Affairs if you do but consider how little I 'm like to get by my Spirituality except Mrs. B be very much in the wrong Pray tell her I am resolv'd hereafter never to to swear by any other than Jo. Ash and if that be a Sin 't is as odd a one as ever she heard of I am My Lord Your Lordship 's most humble and most faithful Servant Buckingham The DUKE ' s Speech in a Conference Gentlemen of the House of Commons I Am commanded by the House of Peers to open to you the Matter of this Conference which is a Task I could wish their Lordships had been pleas'd to lay upon Any-body else both for their own sakes and mine Having observ'd in that little Experience I have made in the World there can be nothing of greater Difficulty than to Unite Men in their Opinions whose Interests seem to disagree This Gentlemen I fear is at present our Case but yet I hope when we have a little better consider'd of it we shall find that a greater Interest does oblige us at this time rather to joyn in the Preservation of both our Priviledges than to differ about the Violation of either We acknowledge it is our Interest to defend the Right of the Commons for should we suffer them to be opprest it would not be long before it might come to be our own Case And I humbly conceive it will also appear to be the Interest of the Commons to uphold the Priviledge of the Lords that so we may be in a condition to stand by and support them All that their Lordships desire of you on this Occasion is That you will proceed with them as usually Friends do when they are in Dispute one with another That you will not be impatient of hearing Arguments urged against your Opinions but examine the Weight of what is said and then impartially consider which of us two are likeliest to be in the wrong If we are in the wrong we and our Predecessors have been so for these many hundred of Years and not only our Predecessors but yours too This being the first time that ever an Appeal was made in point of Judicature from the Lords House to the house of Commons Nay those very Commons which turn'd the Lords out of this House tho' they took from them many other of their Privileges yet left them the constant Practice of this till the very last day of their Sitting And this will be made appear by several Precedents these Noble Lords will lay before you much better than I can pretend to do Since this Business has been in Agitation their Lordships have been a little more curious than ordinary to inform themselves of the true nature of these Matters now in Question before Us which I shall endeavour to explain to you as far as my small Ability and my Aversion to hard Words will give me leave For howsoever the Law to make it a Mystery and a Trade may be wrapt up in Terms of Art yet it is founded in Reason and is obvious to common Sence The Power of Judicature does naturally descend and not ascend that is no Inferiour Court can have any Power which is not deriv'd to it from some Power above it The King is by the Laws of this Land Supreme Judge in all Causes Ecclesiastical and Civil And so there is no Court High or Low can Act but in Subordination to Him and tho' they do not all Issue out their Writs in the King's Name yet they can Issue out none but by Vertue of some Power they have received from Him Now every particular Court has such particular Power as the King has given it and for that reason has it Bounds But the Highest Court in which the King can possible Sit that is His Supreme Court of Lords in Parliament has in it all Judicial Power and consequently no Bounds I mean no Bounds of Jurisdiction for the Highest Court is to Govern according to the Laws as well as the Lowest I suppose none will make a Question but that every Man and every Cause is to be tried according to Magna Charta that is by Peers or according to the Laws of the Land And he that is tried by the Ecclesiastical Courts the Court of Admiralty or the High Court of Lords in Parliament is tried as much by the Laws of the Land as he that is tried by the king's-King's-Bench or Common-Pleas When these Inferior Courts happen to wrangle among themselves which they must often do by reason of their being bound up to particular Causes and their having all equally and earnestly a Desire to try all Causes themselves then the Supreme Court is forc'd to hear their Complaints because there is no other way of deciding them And this under favour is an Original Cause of Courts tho' not of Men. Now these Original Causes of Courts must also of necessity induce Men for saving of Charges and Dispatch sake to bring their Cause originally before the Supreme Court But then the Court is not obliged to receive them but proceeds by Rules of Prudence in either retaining or dismissing them as they think fit This is under Favour the sum of all that your Precedents can shew us which is nothing but what we practise every day That is that very often because we would not be molested with hearing too many particular Cases we refer them back to other Courts And all the Argument you can possibly draw from hence will not in any kind lessen our Power but only shew an Unwillingness we have to trouble our selves often with Matters of this Nature Nor will this appear strange if you consider the Constitution of our House it being made up partly of such whose Employments will not give them leisure to attend the Hearing of Private Causes and entirely of those that can receive no Profit by it And the truth is the Dispute at present is not between the House of Lords and the House of Commons but between Us and