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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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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
and Shame are not yet so powerful with me as to make me disown this great Truth That I love you above all things in the World But I thank God I can distinguish I can see very Woman in you and from your self am convinc'd I have never been in the wrong in the Opinion of Women 'T is impossible for me to curse you but give me leave to pity my self which is more than ever you will do for me You have a Character and you maintain it but I am sorry you make me an Example to prove it It seems as you excel in every thing you scorn to grow less in that noble Quality of Using your Servants very hardly You do well not to forget it and rather practice upon me than lose the Habit of being very Severe for you that chuse rather to be Wise than Just or Good-natur'd may freely dispose of all things in your Power without Regard to one or the other As I admire you I wou'd be glad I cou'd imitate you it were but Manners to endeavour it which since I am not able to perform I confess you are in the right to call that Rude which I call Kind and so keep me in the Wrong for ever which you cannot chuse but take great Delight in You need but continue to make it fit for me not to love you and you can never want something to upbraid me with Three a Clock in the Morning The End of the E. of R.'s Letters LETTERS ON SEVERAL OCCASIONS Written by Mrs. J. PRICE To Mrs. Roberts MADAM HAving so much Wit I wonder you shou'd in the least mistake Kindness for Prudence that 's a thing I never had yet laid to my Charge In time I doubt not but you will know me better I am the sorrier for my Indisposition since I cannot comply with your Desires however if you please to come hither you shall be extreamly welcome to her that will esteem her self happy in you Friendship J. Price Thursday To Mrs. Roberts MADAM 'TWere very dull and ill-natur'd in me to forget the Joy and Satisfaction I receiv'd in your last Kindness and seeming to do it were a Fault not pardonable therefore Madam forgive this Impertinence since there is no way that can tell so much the Sence of your Favours as this and I have had a Hope that you wou'd be so Good-natur'd as to have seen me But the same Cross-fate which generally pursues me leaves me not in this concern Let me know that you are well and 't will make some Reparation for the Pain I suffer in not seeing you and if you think I deserve your Kindness 't is a Happiness which shall never be forgot by Your most humble Servant J. Price To Mrs. Roberts MADAM I Have this Morning acquainted the Party with the Honour you did me last Night and as you express your self to me only in general Terms I cou'd do no more to him I find him very sensible of his Obligation to you and willing to comply in any thing in his own Power reasonable for your Service it is an easier Task for Beauty to get twenty new Servants than recover one old one and truly I conceive him in a desperate condition He was a little surpriz'd to find me your Embassadour but I believe took it better from my Mouth than he would have done from any other J. Price A Letter to Mrs. Price MADAM I Need not tell you how drunk we were on Saturday since as I remember we gave you good proof of it under our own Hands however I made a shift to ride home but am now galloping to Poltimore and if I am not mistaken you will have occasion to take a little Journey too Mum for that Here 's not a Syllable of News but that all things of our Concern stand fair and well and if it shou'd ever happen otherwise which I 'm confident it will not be assur'd it shall not be the Fault of Your Love A LETTER Written by the Honourable HENRY SAVILE To Henry Killigrew Esq Noble HENRY SWeet Namesake of mine happy Humour'd Killigrew Soul of Mirth and all Delight the very Sight of your Letter gave me a kind of Joy that I thought had been at such a Distance with me that She and I were never more to meet For since I have been at St. Albans Heaven and Earth were nearer one another than Joy and Fermyn for here some half a Mile out of Town absent from all my Friends in the fear of being forgot by 'em I pass my wearisom time in a little melancholly Wood as fit for a restless Mind to complain of his sad Condition as I am unfit to relate my Sufferances to one so happy as your Blessed Humour makes you therefore as freely I quit you of Hearing what I cou'd say on this Subject likewise allow me the Liberty of not answering in your own Stile yet dear Harry write still the same way Once I could drink talk strangely and be as mad as the best of you my Boys who knows but that I may come to it again Comfort me 't is well I can stay thus long upon the matter after the Life I have led it is more than I did believe was possible for me to do therefore do not abandon me yet try two or three Letters more there is great hopes of me and if that does not do the business send me to my Wood again and allow me not other Correspondent but pert and dull Mast 's a Punishment great enough for a greater Offender for in this my Misery he plays the Devil with me surpasses himself by much Prithee Killigrew allay his Tongue with two or three such sharp things as you and I us'd to say of you know who for I lost mine And so Farewel H. Savile LETTERS IN PROSE and VERSE ON Several Occasions BY Sir George Etheridge Knight To his Friend in London Dear SIR MY Letters from England tell me that this Summer My Lord Chamberlain has won the Mony at Bowls and my Lord Devonshire at Dice I hope neither of 'em have been lucky at your cost Before you receive this I reckon you will be in your Winter Quarters where you may have leisure to give me a short Account of what pass'd at the Campaign at Tunbridge I cannot but remember Mr. M. tho' he seems to have quite forgot me he is a very extraordinary Person I find he had rather lend a Friend a hundred Pounds than take the pains to write to him I 'm sensible his many Employments afford him little leisure and I shou'd pity his Mistress but that I am perswaded his Prudence has made him chuse her in the Family The Women here are not generally handsom yet there is a file of young Ladies in this Town whose Arms wou'd glitter were they drawn up against the Maids of Honour but the Devil 's in 't Marriage is so much their Business that they cannot satifie a Lover that has Desires more fervent
made in Edward the Third's Reign Parliaments were to be holden very often it should be Enacted That within three Years after the Determination of that present Parliament Parliaments should not be discontinued above three Years at most and should be holden oftner if need required These have been several false kind of Arguments drawn out of these Triennial Bills against the Statutes of Edward the Third which I confess I could never remember nor indeed those that urged them to me ever durst own for they always laid their Faults upon Some-body else Like ugly aufish Children which because of their Deformity and want of Wit the Parents are ashamed of and so turn them out to the Parish But my Lords let the Argument be what it will I will have this short Answer to all that can be wrested out of the Triennial Bills That the first Triennial Bill was repeal'd before the matter now disputed of was in question and the last Triennial Bill will not be of force till the Question be decided that is till the Parliament be Dissolved The whole matter therefore my Lords is reduced to this short Dilemma Either the Kings of England are bound by the Acts mentioned of Edward the Third or else the whole Government of England by Parliament and by Law is absolutely at an end For if the Kings of England have Power by an Order of theirs to invalidate an Act made for the Maintenance of Magna Charta they have also a Power by an Order of theirs to invalidate Magna Charta it self and if they have Power by an Order of theirs to invalidate an Act made for the Maintenance of the Statute De Talligio non concedendo they have also a Power when they please by an Order of theirs to invalidate the Statute it self and they may not only without the Help of Parliament raise what Money they please but also take away any Man's Estate when they please and deprive one of his Liberty and Life if they please This my Lords is a Power I think that no Judge or Lawyer will pretend the Kings of England have and yet this Power must be allowed them or else we that are met here this Day cannot act as a Parliament for we are not met by vertue of the last Prorogation then Prorogation is an Order of the King 's and a point-blank Contrary to the two Acts of Edward the Third For the Acts say That a Parliament shall be holden within a Year And the Prorogation says That Parliaments shall not be held within a Year but some Months after This I conceive is a plain Contradiction and consequently that the Prorogation is void Now if we cannot act as a Parliament by vertue of the last Prorogation I beseech your Lordships by vertue of what else can we act Shall we act by vertue of the King's Proclamation Pray my Lords how so Is a Proclamation of more force than a Prorogation Or if any thing that has been ordered a first time be not valued does the ordering it a second time make it good in Law I have heard indeed That two Negatives make an Affirmative But I never heard before That two Nothings ever made Any-thing Well but how then do we meet Is it by our own Adjournment I hope that No-body has the Confidence to say so Which way then is it we do meet here By an Accident That I think may be granted But an accidental Meeting can no more make a Parliament than an Accidental Clapping of a Crown on a Man's Head can make a King There is a great deal of Ceremony required to give a Matter of that Moment a Legal Sanction The Laws have repos'd so great Trust and Power in the Hands of the Parliament that every Circumstance relating to the manner of their Electing Meeting and Proceeding is lookt after with the most Circumspection imaginable For this Reason the King's Writs about the Summons of Parliament are to be issued out verbatim according to the Form Prescribed by the Laws or else the Parliament is void and nulled For the same Reason that a Parliament is summoned by the King's Writs does not meet at the very same Day it 's summoned to meet at that Parliament is void and nulled and by the same Reason if a Parliament be not legally Adjourned de die in diem these Parliaments must also be void and nulled O but some say there is nothing in the two Acts of Edward the Third to take away the King's Power in Prorogation therefore Prorogation is good My Lords under Favour it is a very gross Mistake For pray examine the Words of the Acts and the Acts say Parliaments shall be holden Once a Year Now to whom can these Words be directed but to them that are to call a Parliament And who are they but the Kings of England It is very true this does not take away the King's Power of Proroguing Parliaments but it most certainly limits it to be within a Year Well then it is said again If the Proroguing be null and void then things are just as they were before And therefore the Parliament is still in being My Lords I confess there would be some weight in this but for one thing which is That not one word is true for if when the King had prorogued we had taken no notice of his prorogation but had gone on like a Parliament and had adjourn'd our selves the die in diem then I confess things had been just as they were before but since upon the Prorogation we went away and took no care our selves for our Meeting again if we cannot meet and act again by virtue of the Prorogations here is an Impossibility of our Meeting and Acting any other way and one may as probably say that a Man who is killed by Assault is still alive because the Assault was unlawful The next Arguments that those are reduced to who would maintain to be yet a Parliament is That the Parliament is prorogued sine die and therefore a King may call them by Proclamation To the first part of the Proposition I shall not only agree with them but also do them the Favour to prove that it is so in the Eye of the Law which I have never heard they have yet done For the Statutes say A Parliament shall be had once within a Year And that Prorogation having put them off till a Day without the Year and consequently excepted against by the Law that Day in the Eye of the Law is no Day at all that is sine die and the Prorogation might as well have put them off till so many Days after Doomsday and then I think No-body would have doubted but that had been a very sufficient Dissolution Besides my Lords I shall desire your Lordships to take notice That in former time the usual way of Dissolving Parliament was to dismiss them sine die for the King when he used to dissolve them said no more but desired them to go Home till
he sent for them again which is a Dismission sine die Now if there were forty ways of dissolving Parliament if I can prove this Parliament has been dissolved by any one of them I suppose there is no great need of the other thirty nine Another thing which they most insist upon is That they have found a Precedent in Q. Elizabeth's Time when the Parliament was once prorogued three Days beyond a Year In which I cannot chuse but observe That it is a very great Confirmation of the Value and Esteem all People have had of the forementioned Acts of Edward the Third since from that time to this there can be but one Precedent found for the Prorogation of a Parliament above a Year and that was but three Days neither Besides my Lords this Precedent is of a very odd kind of Nature for it was in the Time of a very great Plague when every one of a sudden was forc'd to run away one from another and so being in hast had not leisure to calculate well the time of the Prorogation tho' the appointing of it to be within three Days after a Year is an Argument to me that their Design was to keep within the Bounds of the Acts of Parliament and if the Mistake had been taken notice of in Q. Elizabeth's Time I make no question but She would have given a lawful Remedy to it Now I beseech your Lordships what more can be drawn from the producing this Precedent but only because once upon a time a thing was done Illegally therefore your Lordships should do so again Now my Lords under Favour this of ours is a very different Case from theirs for as to this Precedent the Question was never made and all Lawyers will tell you That Precedent that passes sub Silentio is of no Validity at all and will never be admitted in any Judicial Court where it is pleaded Nay Judge Vaughan saith in his Reports That in Cases which depend upon Fundamental Principles from which Demonstrations may be drawn Millions of Precedents are to no purpose O but say they you must think prudentially of the Inconvenience that will follow it for if this be allowed all these Acts which are made in that Session of Parliament will be then void whether that be so or no I shall not now examine But this I will pretend to say That no Man ought to pass for a Prudential Person who only takes notice of the Inconveniences on one side it is the part of a wise Man to examine the Inconveniences on both to weigh which are the greatest and to be sure to avoid them and my Lords to this kind of due Examination I willingly submit this Cause for I presume it will be easie to your Lordships to judge which of these two will be of most dangerous Consequence to the Nation either to allow that the Statutes made in that particular Sessions in Queen Elizabeth's Time are void which may easily be confirm'd at any time by a lawful Parliament as to lay down for a Maxim That the Kings of England by a Titular Order of Theirs have Power to break all the Laws of England when they please And my Lords with all the Duty we owe to His Majesty it is no disrespect to Him to say That His Majesty is bound by the Laws of England for the Great King of Heaven and Earth GOD Almighty Himself is bound by His own Decrees and what is an Act of Parliament but a Decree of the King made in the most solemn manner It is possible for Him to make it that is with the Consent of the Lords and Commons It is plain then in my Opinion that we are no more a Parliament and I humbly conceive your Lordships ought to give GOD thanks for it since it has pleased Him thus by his Providence to take you out of a Condition wherein you must have been intirely useless to his Majesty to your selves and the whole Nation For I beseech your Lordships if nothing of this I have urged were true what honourable Excuse could be found for acting again with this House of Commons except we would pretend to such an exquisite Act of Forgetfulness as to avoid calling to mind all that passed last Sessions and unless we could also have a Faculty of teaching the same Art to the whole Nation What Opinion would they have of us if it should happen that the very same Men that were so earnest the last Sessions for having this House of Commons dissolv'd when there was no question of their lawful Sitting should now be willing to joyn with them again when without question they are dissolved Nothing can be more dangerous to a King or People than the Laws should be made by an Assembly of which there can be doubt whether they have a Power to make Laws or no and it would be in us so much the more inexcusable if we should overlook this Danger since there is for it so easie a Remedy a Remedy which the Law requires and which all the Nation longs for the Calling a New Parliament It is that can only put his Majesty into a possibility of receiving Supplies that can secure your Lordships the Honour of Sitting in this House of Peers and of being Serviceable to the King and Country and that can restore to all the People of England their undoubted Rights of choosing Men frequently to represent their Grievances in Parliament without this all we can do is in vain the Nation might languish a while but must perish at last we should become a Burthen to Our selves and a Prey to our Neighbours My Motion to your Lordships therefore shall be That we humbly address Our selves to His Majesty and beg of Him for His own Sake as well as for all the People's sake to give us speedily a New Parliament that so we may unanimously before it is too late use Our utmost Endeavours for His Majesty's Service and for the Safety Welfare and Glory of the English Nation THE Emperor of Morocco's LETTER TO CHARLES the Second WHEN these Our Letters shall be so happy as to come to Your Majesty's Sight I wish the Spirit of the Righteous God may so direct Your Mind that You may joyfully embrace the Message I send The Regal Power allotted to Us makes Us first Common Servants to Our Creator then of those People whom we Govern So that observing the Duties we owe to God we deliver Blessings to the World In providing for the Publick Good of Our Estates we magnifie the Honour of God like the Celestial Bodies which tho' they have much Veneration yet serve only to the Benefit of the World It is the Excellency of Our Office to be Instruments whereby Happiness is delivered to Nations Pardon Me Sir this is not to Instruct for I know I speak to One of a more clear and quick Sight than My self but I speak this because God hath pleased to grant me a happy Victory over some part