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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-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
Westminster-hall For as we desire to have few or no Causes brought before us because we get nothing by 'em so they desire to have all Causes brought before them for a Reason a little of the contrary nature For this very Reason it is their Business to invent new ways of drawing Causes to their Courts which ought not to be pleaded there As for example this very Cause of Skinner that is now before us and I do not speak this by Roat for I have the Opinion of a Reverend Judge in the Case who informed us of it the other day in the House they have no way of bringing this Cause into Westminster-hall but by this Form the Reason and Sence of which I leave to you to judge of The Form is this That instead of speaking as we ordinary Men do that have no Art That Mr. Skinner lost a Ship in the East-Indies to bring this into their Courts they must say That Mr. Skinner lost a Ship in the East-Indies in the Parish of Islington in the County of Middlesex Now some of us Lords that did not understand the Refineness of this Stile began to examine what the reason of this should be and so we found that since they ought not by Right to try such Causes they are resolved to make bold not only with our Priviledges but the very Sence and Language of the whole Nation This I thought fit to mention only to let you see that this whole Cause as well as many others could not be try'd properly in any place but at our Bar except Mr. Skinner would have taken a Fancy to try the Right of Jurisdictions between Westminster-hall and the Court of Admiralty instead of seeking Relief for the Injuries he had received in the place only where it was to be given him One thing I hear is much insisted upon which is The Trial without Juries to which I could answer That such Trials are allow'd of in the Chancery and other Courts and that when there is occasion for them we make use of Juries too both by directing them in the King's Bench and having them brought up to our Bar. But I shall only crave leave to put you in mind That if you do not allow Us in some Cases to try Men without Juries you will then absolutely take away the use of Impeachments which I humbly conceive you will not think proper to have done at this time The Duke ' s Speech in the House of Lords My LORDS THere is a Thing call'd Property which whatever some Men may think is that the People of England are fondest of it is that they will never part with and it is that His Majesty in His Speech has promis'd Us to take a particular care of This my Lords in my Opinion can never be done without giving an Indulgence to all Protestant-Dissenters It is certainly a very uneasie kind of Life to any Man that has either Christian Charity Humanity or Good-nature to see his Fellow-subjects daily abus'd divested of their Liberty and Birth-rights and miserably thrown out of their Possessions and Freeholds only because they cannot agree with others in some Niceties of Religion which their Consciences will not give them leave to consent to and which even by the Confession of Those who would Impose it upon them is no way necessary to Salvation But my Lords besides this and all that may be said upon it in order to the Improvement of our Trade and the Increase of the Wealth Strength and Greatness of this Nation which under Favour I shall presume to discourse of at some other time there is methinks in this Notion of Persecution a very gross Mistake both as to the Point of Government and the Point of Religion There is so as to the Point of Government because it makes every Man's Safety depend on the wrong place not upon the Governour or a Man's living well towards the Civil Government established by Law but upon his being transported with Zeal for every Opinion that is held by those that have Power in the Church then in Fashion And it is I conceive a Mistake in Religion because it is positively against the express Doctrine and Example of Jesus Christ. Nay my Lords as to our Protestant Religion there is something in it yet worse for we Protestants maintain That none of those OPINIONS which Christians differ about are Infallible and therefore in Us it is somewhat an inexcusable Conception That Men ought to be deprived of their Inheritance and all the certain Conveniences and Advantages of Life because they will not agree with us in our uncertain Opinions of Religion My humble Motion therefore to your Lordships is That you will give me leave to bring in a Bill of Indulgence to all Dissenting-Protestants I know very well That every Peer of the Realm has a Right to bring into Parliament any Bill which he conceives to be useful to this Nation but I thought it more respectful to your Lordships to ask your Leave for it before I cannot think the doing of it will be of any Prejudice to the Bill because I am confident the Reason the Prudence and the Charitableness of it will be able to justifie it self to this House and to the whole World The DUKE ' S SPEECH in the House of LORDS My LORDS I Have often troubled your Lordships with my Discourse in this House but I confess I never did it with more trouble to my self than I do at this time for I scarce know where I should begin or what I have to say to your Lordships On the one side I am afraid of being thought an Unquiet and Pragmatical Man for in this Age every Man that cannot bear every thing is called Unquiet and he that does but ask Questions for which he ought to be concerned is looked upon as a Pragmatical On the other side I am more afraid of being thought a dishonest Man and of all Men I am most afraid of being thought so by my self for every one is best Judge of the Integrity of his own Intention And tho' it does not always follow that he is Pragmatical whom others take to be so yet this never fails to be true That he is most certainly a Knave who takes himself to be so No body is answerable for more Understanding than GOD Almighty had given him And therefore tho' I should be in the wrong if I tell your Lordships truly and plainly what I am really convic'd of I shall behave my self like an honest Man For 't is my Duty as long as I have the Honour to sit in this House to hide nothing from your Lordships which I think may concern either his Majesty's Service your Lordships Interest or the Good and Quiet of the People of England The Question in my Opinion which now lies before your Lordships is not what we are to do but whether at this time we can do any thing as a Parliament it being very clear to me that the