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

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Two Speeches I. The Earl of Shaftsbury's Speech in the House of Lords the 20th of October 1675. II. The D. of Buckinghams Speech in the House of Lords the 16th of November 1675. Together with the Protestation and Reasons of several Lords for the Dissolution of this Parliament Entred in the Lords Journal the day the Parliament was Prorogued Nov. 22d 1675. AMSTERDAM Printed Anno Domini 1675. The Reader is desired before he reads this Book to correct these following Errata's which have escaped the Press through hast PAge 1. l. 17. for have r. hear p. 2. l. 20. for persecuted r. prosecuted p. 3. l. 12 r. of greatest dependance l. 18. r. Lords may think l. 26. for your r. our p. 4. l. 17. for quarrells r. Laws and p. 5. l. 9. for have they r. they have l. 17. r. your Iudicature l. 25. for tends r. leads l. 35. for raise r. pass p. 6. l. 2. r. and when l. 6. for out r. on l. 11. for worst r. right l. 30. r. declare p. 7. l. 9. for and r nor l. 16. r. those in Absolute Monarchies l. 17. r. servile and low l. 25. r. and the People l 37. for Common r. Commission p. 8. l. 14. r. for all this l. 15. cross out Sir Ier. Whitchcot and the Book-sellers l. 17. for your r. our l. 24. r. and the disingagement p. 9. l. 1. for your r. our l. 17. r. by Scituation p. 13. l 22. for Natino r. Notion p. 16. l. 16. for Ld. Mahum r. Ld. Mohun The Earl of Shaftsburys Speech in the House of Lords upon the Debate of appointing a day for the hearing Dr. Shirleys Cause the 20th of October 1675. My Lords OUr All is at Stake and therefore You must give me leave to speak freely before We part with it My Lord Bishop of Salisbury is of Opinion that we should rather appoint a day to consider what to do upon the Petition then to appoint a day of hearing And my Lord Keeper for I may name them at a Committee of the whole House tell 's Us in very Eloquent and Studied Language That he will Propose Vs a way far less lyable to Exception and much less Offensive and Injurious to our own Priviledges then that of appointing a day of Heariug And I beseech Your Lordships did you not after all these fine Words expect some Admirable Proposal but it ended in this That Your Lordships should appoint a day nay a very long day to Consider what You would do in it And my Lord hath undertaken to convince you that this is Your only Course by several undenyable Reasons the first of which is That 't is against your Iudicature to heare this Cause which is not proper before Vs nor ought to be relieved by Vs. To this my Lords give me leave to Answer that I did not expect from a man Professing the Law that after an Answer by Orders of the Court was put in and a day had been appointed for Hearing which by some Accident was set aside and the Plaintiffe moving for a second day to be assigned that ever without hearing Counsel on both sides the Court did enter into the Merits of the Cause And if your Lordships should do it here in a Cause attended with the Circumstances this is it would not only be an apparent Injustice but a plain Subterfuge to avoid a Point you durst not maintain But my Lords second Reason speaks the Matter more clearly for that is Because 't is a doubtful case whether the Commons have not Priviledge and therefore my Lord would have You To appoint a farther and a very long day to consider of it which in plain English is that Your Lordships should confess upon Your Books that you conceive it on second Thoughts a doubtful Case for so Your Appointing a day to Consider will do and that for no other Reason but because my Lord Keeper thinks it so which I hope will not be a Reason to prevail with Your Lordships since we cannot yet by experience tell that his Lordship is capable of thinking Your Lordships in the Right in any Matter against the Iudgement of the House of Commons 't is so hard a thing even for the ablest of men to change ill Habits But my Lords third Reason is the most Admirable of all which he Stiles Vnanswerable viz. That Your Lordships are all convinced in Your Consciences that this if prosecuted will cause a Breach I beseech Your Lordships consider whether this Argument thus applyed would not overthrow the Law of Nature and all the Laws of Right and Property in the World For 't is an Argument and a very good one that You should not stand or insist on Claims where You have not a clear Right or where the Question is not of Consequence and of Moment in a Matter that may produce a Dangerous Pernitious Breach between Relations Persons Bodies politick joyn'd in Interest and High Concerns together So on the other hand if the Obstinacy of the Party in the wrong shall be made an unanswerable Argument for the other Party to recede and give up his just Rights How long shall the People keep their Liberties or the Princes or Governours of the World their Prerogatives How long shall the Husband maintain his dominion or any man his Property from his Friend or his Neighbours Obstinacy But my Lords when I hear my Lord Keeper open so Eloquently the Fatal Consequences of a Breach I cannot forbear to fall into some admiration how it comes to pass That if the Consequences be so fatall the Kings Ministers in the House of Commons of which there are several that are of the Cabinet and have dayly resort to His Majesty and have the Direction and Trust of his Affaires I say that none of hese should press these Consequences there or give the least stop to the Carreer of that House in this Business but that all the Votes concerning this Affair nay even that very Vote That no Appeal from any Court of Equity is cognisable by the House of Lords should pass nemine contradicente And yet all the great Ministers with us here the Bishops and other Lords of dependance on the Court contend this point as if it were pro Aris focis I hear His Majesty in Scotland hath been pleased to declare against Appeals in Parliament I cannot much blame the Court if they think the Lord Keeper and the Iudges being of the Kings Naming and in His Power to change that the Justice of the Nation is safe enough and I my Lord think so too during this Kings time though I hear Scotland not without reason complain already Yet how future Princes may use this Power and how Iudges may be made not men of Ability or Integrity but men of Relation and Dependance and who will do what they are commanded and all mens Causes come to be Judged and Estates disposed on as Great Men at Court please My Lords the Constitution of your