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Lordfhips and the whole Nation. I have often feen in this House, that the Arguments with strongest Reafons, and moft convincing. to the Lay Lords in general, have not had the fame effect upon the Bishops Bench: But that they have unanimously gone against us in Matters, that many of us have thought effential and undoubted Rights. And I confider that it is not poffible that Men of great Learning, Piety, and Reafon, as their Lordships are, fhould not have the fame care of doing right, and the fame conviction what is right upon clearer Reason offered, than your other Lordfhips have: And therefore, My Lords, I muft neceffarily think we differ in Principles; and then 'tis very easy to apprehend what is cleareft Sense to Men of my Principle, may not at all perfwade or affect the Confcience of the best Man of a different one. I put your Lordships the Cafe plainly, as 'tis now before us. My Principle is, That the King is King by Law, and by the fame Law that the poor Man enjoys his Cottage; and fo it becomes the concern of every Man of England, that has but his Liberty to maintain and defend to his utmost the King in all his Rights and Prerogatives. My Principle is alfo, That the Lord's-House and the Judicature, and the Rights belonging to it, are an effential part of the Government, and established by the fame Law: The King governing and adminiftring Juftice by his Houfe of Lords, and advifing with both his Dd 4 Houfes

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, 'tis a Government I own not, am not obliged to, nor was Born under. According to this Principle, every honeft Man that holds it, muft endeavour equally to preferve the Frame of the Government in all the Parts of it, and cannot fatisfy his Confcience to give up the Lords-Houfe for the Service of the Crown, or to take away the juft Rights and Privileges of the House of 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 firft Author of it, I remember; and I cannot find that the Jefuits, or the Popish Clergy have ever own'd it, but fome of the Epifcopal Divines of our British Ifles; and 'tis withal, as 'tis now, fo the most dangerous deftructive Doctrine to our Government and Law that ever was. 'Tis the first of the Canons published by the Convocation in 1640, That Monarchy is of Divine Right. This Doctrine was then preach'd up and maintain'd by Sybthorp, Manwaring, and others; and of later Years by a Book publish'd by Bishop Sanderfon, under the Name of Archbifhop Uber; and how much it fpread amongst our Dignified Clergy, is very easily known. We all agree, That the King and his Govern

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ment is to be obey'd for Confcience fake; and that the Divine Precepts require not only here, but in all Parts of the World, Obedience to lawful Governours: But that this Family are our Kings, and this particular Frame of Government is our Lawful Conflitution, and obliges us, is owing only to the particular Laws of our Country. This Laudean Doctrine was the Root that produced the Bill of Teft laft Seflions, and fome very perplexed Oaths that are of the fame nature with that, and impofed by feveral Acts this Parliament. In a word, If this Doctrine be true, our Magna Charta is of no manner of ufe, our Laws are but Rules amongst ourselves during the King's Pleasure. Monarchy, if of Divine Right, can't be bounded or limited by Humane Laws: Nay, what is more, cannot bind itself: And all our Claims of Right by the Law, or Conftitution of the Government, all the Jurifdiction and Privilege of this House, all the Rights and Privileges of the Houfe of Commons, all the Properties and Liberties of the People are to give way not only to the Intereft, but the Will and Pleasure of the Crown. And the worthiest Men, holding this Principle, muft Vote. to deliver up all we have, not only when Reafon of State, and the feparate Interest of the Crown require it, but when the Will or Pleafure of the Prince is known would have it fo: For that must be to a Man of that Principle the only Measure and Rule of Right and Ju

ftice. Therefore, My Lords, you fee how neceffary it is, that our Principles be known: And how fatal to us all it is, that this Principle should be fuffered to spread any further. My Lords, your Lordships have feen of what Confequence this Matter is to you, that appointing a Day to confider, is no less than declaring ourselves doubtful, upon fecond and deliberate Thoughts; and that you put yourfelves out of your own Hands into a more than Moral Probability of having this Seffion made a Precedent against you. You fee your Duty to yourselves and the People, and that 'tis really not the Intereft of the House of Commons, but may be the Inclination of the Court, that you lofe the Power of Appeals. But I beg that our House may not be Felo de fe, but that your Lordships would take, in this Affair, the only courfe to preferve yourselves, and appoint a day, this day three weeks, for the hearing Dr. Shirley's Caufe, which is my humble Motion.

A Speech by the Earl of Shaftfbury, concerning the Popish Plot, the Bill of Exclufion, &c. in the Year 1680.

My Lords,

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N this great Debate concerning the King's Speech, the fad State and Condition we are in, and the Remedies thereof, I have offered

you

you my Opinion, and many Lords have spoken admirably well to it with great Freedom and Plainness, as the Cafe requires. Give me leave to offer you fome few Words in Anfwer to two or three of my Lords of the Earl's Bench, that have maintain'd the contrary Opinion. My Lord near me hath told your Lordships, That the Precedent of Henry the Fourth that I offered to you (who was a Wife and Magnanimous Prince, yet upon the Addrefs of his Parliament, put away great part of his Family and Council at one time) is no proper Inftance; because he was an Ufurper, and had an ill Title, and was bound to please the People. My Lords, I meddle not with his Title, I am fure our King has a very undoubted one: But this, My Lords, you muft allow, That that Wife Prince having need of the People, knew no better way to please them, and to create a good Understanding between them and him, than to put away from Court and Council those that were unacceptable to them.. If our King hath the fame neceffity to please the People, (tho' not the want of a Title) yet the Precedent holds good, That a Wife Prince, when he hath need of his People, will rather part with his Family and Counsellors than difpleafe them. My Lords, this Noble Lord near me hath found fault with that Precedent, that he fuppofes I offered to your LordShips concerning the chargable Ladies at Court: But I remember no fuch thing I faid. But if I must speak of 'em, I fhall fay as the Prophet did

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