house. Suppose the sheriff should put the cluded.) But it is said, Why a breach of priking's money into his own purse, the conse-vilege at this time, and in this case, and never quence is, the king indicts the party. The so before? He is apt to think that things have king makes a man sheriff, and be is then cho- been done here that will never be done again. sen a parliament-nian, and he cannot attend Such sums, he believes, any man would be the business of the county to pay the money laughed at, that should move for them again. according to his writs-And persons escape- Would do the thing easily it cannot reflect He thinks it a wise and a good counsel, that for upon the king, and is far from thinking on a the time to come this be not drawn into pre- minister of state. cedent, and to move the king so.

house may attain their end-We all conclude for proceeding, by way of Address to the king, and would have it in as home terms as you can invent. Pricking of members sheriffs, you find an encroachment on privilege: moves therefore that the Address to the king be not to prick any Member that serves for county, city, or borough.'

The Speaker, upon some disorder said, If any man have a privilege to be disorderly, let me know it. Then he proposed the question, viz. “That it is a breach of Privilege for any Member to be made Sheriff, &c. during continuance of parliament."

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 it is in us 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 hun ble motion therefore to your lordships, is, that you would give leave to bring in a Bill of Indulgence to all Protestant Dissenters. I know. very well that every peer of this realm hath a right to bring into parliament any bill he conceives to be useful to this nation: but I thought it more respectful to your lordships to ask your leave before; but I cannot think the doing of it will be any prejudice to the bill, because I am confident the reason, the prudence, and the charitableness of it, will be able to justify The Duke of Buckingham's Speech for a it to this house, and the whole world." AcToleration.] About this time the unusual accordingly, the house gave his grace leave to tivity of the Papists, and the discoveries which had been made by Coleman's Letters, gave the hint to both houses to be more moderate in their proceedings with respect to Protestant Dissenters. In that of the Lords, especially,

Mr. Sacheverell moves that the lord keeper be sent to, to supersede Jennings's commission of sheriff.

The main question was then put, and passed, 157 to 101. And a Committee was appointed to consider of a proper way of superseding the Commission, and discharging the Sheriff from his office.

The Duke of Buckingham thus expressed himself in favour of a Toleration: "My lords; There is a thing called liberty, which (whatsoever some men may think) is, that the people of England are fondest of; it is that they will never part with; and is that his majesty in his Speech has promised 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 uneasy kind of life to any man, that bas either Christian charity, humanity, or goodnature, to see his fellow-subjects daily abused, divested of their liberties and birth-rights, and miserably thrown out of their possessions and freeholds, only because they cannot agree with others in some opinions and 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 upon them, are no ways 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 increase of the wealth, strength, and greatness of this nation, (which, with your leave, I shall presume to discourse of 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 governors, 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 that is in fashion; and I conceive it is a mistake in Religion, because it is positively against

bring in a Bill to that purpose.

Dispute between the two Houses on Dr. Shirley's Appeal, revived.] But while this, and several other Bills were depending, the unfortunate Contest was revived between the two houses, concerning Dr. Shirley and sir John Fagg, the former having continued his process against the latter; and the lords themselves adhered to their first hearing of his appeal. Upon which the commons proceeded as follows:

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Nov. 13. An Order from the lords to hear sir John Fagg's Cause to-morrow morning, was this day read in the commons and debated, and the farther debate thereof adjourned till Monday.

Nov. 15. The house resolved, That the prosecuting Appeals in the lords house, by Dr. Shirley against sir John Fagg, a member of this house, is a Breach of the Privileges of this house; and that the said sir John Fagg do not make any defence at the lords bar, in the said Appeal; and the farther debate thereof was adjourned till to-morrow morning.

Nov. 18. Sir John Fagg's business was resumed, and it was resolved that a Conference be desired of the lords for avoiding Differences between the two houses.

"Some thought that the king had consented to the renewal of this Appeal-dispute, as disliking the warm proceedings of both houses; of which opinion was Marvell. Others believed that the lords of the country interest had persuaded the doctor thereto, with a view thereby to kindle such a flame between the two houses, as should oblige the king either to prorogue or dissolve them; the said lords apprehending that if this parliament should sit much longer, the majority might be gained over by places and money, so as to become quite obsequious to the court; and this, Savile lord Halifax, then in the interest of lord Shaftsbury, his uncle, told sir John Reresby was his opinion." Ralph.

us in very eloquent and studied language, That he will propose us a way, far less liable to exception, and much less offensive and injurious to our own privileges, than that of appointing a day of hearing.' 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 undeniable reasons; the first of which is, That it is against your judicature to have this Cause, which is not proper, before us, nor ought to be relieved by us.' To this, my lords, give me leave to an

Nov. 19. Sir Wm. Coventry reports from the Committee, to whom it was referred, to prepare and draw up Reasons to be offered at the conference to be desired with the lords, for avoiding the occasions of reviving the Differences between the two houses; and a Paper of Reasons agreed by the said committee to be reported to the house, being read, and the same agreed to, is as followetb:-" His majesty having recommended to us, at the opening of this session, the avoiding this Difference, if possible; and if it could not be prevented, that then we should defer these debates till we had brought such public Bills to perfection, as may conduce to the good and safety of the kingdom: the commons esteem it a great misfortune, that, contrary to that most excellent ad-swer, that I did not expect from a man provice, the proceedings in the Appeal, brought the last session against sir John Fagg, by Mr. Shirley, have been renewed, and a day set for hearing the Cause; and therefore the commons have judged it the best way, before they enter into the argument of defence of their rights in this matter, to propose to your lordships, the putting off the proceedings in that matter for some short time; that so they may according to his majesty's advice, give a dispatch to some Bills now before them, of great Importance to the king and kingdom; which being finished, the commons will be ready to give your lordships such Reasons against those proceedings, and in defence of their rights, as we hope may satisfy your lordships, that no such proceedings ought to have been."

Resolved, "That a Message be sent to the lords, to desire a Conference, to preserve the good correspondence between the two houses." Resolved "That whosoever shall prosecute any Appeal before the lords, against any commoner of England, from any court of equity, shall be deemed a betrayer of the rights and privileges of the commons of England; and shall be proceeded against accordingly and the Resolution ordered to be affixed in the lobby, Westminster-Hall-gate, and all Inns of Court and Chancery."

fessing the law, that after an Answer by order of the court was put in, and a day had been appointed for hearing, which by some accident was set aside; and the plaintiff moving for a second day to be assigned, that ever, without hearing council on both sides, the court did enter into the merits of the cause. And if your lordships should do it here, in a case 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 lord's second reason speaks the matter more clearly; for that is, Because it is a doubtful case, whether the commons have not privilege,' and therefore my lord would have you to appoint a farther, and very long day to consider of it:' which in plain English is, 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 rea son, 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 manner against the judgment of the house of commons, it is so hard a thing, even for the ablest of men, to change ill habits.-But my lord's third reason is the most admirable of all, which he stiles unanswerable; viz. That your lordships are all convinced in your own consciences, that this (if prosecuted) will cause a breach.' I beseech your lordships, consider whether this argument, thus applied, would not overthrow the law of nature, and all the laws of property and right in the world: for it 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 moment, in a matter that may produce a dangerous, and pernicious The Earl of Shaftsbury expressed himself as breach, between relations, persons, or bodies follows: "My lords; Our all is at stake, and politic, joined in interest and high concerns therefore you must give me leave to speak together. So, on the other hand, if the obfreely before we part with it. My lord bishop stinacy of the party in the wrong shall be made of Salisbury is of opinion, That we should ra- an unanswerable argument for the other party ther appoint a day to consider what to do up-to recede, and give up his just rights, how long on the petition, than to appoint a day of hear-shall the people keep their liberties or the ing; and my lord keeper, for I may name princes or governors of the world their prerothem at a committee of the whole house, tells gatives? How long shall the husband maintain

Nov. 20. Ordered, "That Dr. Shirley be taken into custody by the serjeant at arms attending this house, as also sir Nich. Stanton, for serving Mr. Onslow with an Order to attend the lords;" and then the house adjourned to the 22nd.

Lord Shaftsbury's remarkable Speech thereon.] The proceedings of the commons on this occasion threw the lords into a flame. Upon the debate for appointing a day for the hearing Dr. Shirley's Cause, among many other warm speeches,

land marks. The h. of commons business is to complain, your lordships to redress, not only the complaints from them, that are the eyes of the nation, but all other particular persons that address to you. A land may groan under a multitude of laws, and I believe ours does; and when laws grow so multiplied, they prove oftener snares than directions and security to the people. I look upon it as the ignorance and weakness of the latter age, if not worse, the effect of the designs of ill men, that it is grown a general opinion, that where there is not a particular direction in some act of parliament, the law is defective; as if the common law had not provided much better, shorter, and plainer for the peace and quiet of the nation, than intricate, long, perplexed statutes do; which has made work for the lawyers, given power to the judges, lessened your lordship's power, and in a good measure unhinged the security of the people.-My lord bishop tells

his dominion, or any man his property, from his friends 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 fatal) the king's ministers in the house of commons, of which there are several that are of the Cabinet, and have daily resort to his majesty, and have the direction and trust of his affairs; I say, that none of these should press these consequences there, or give the least stop to the career 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 cognizable by the house of lords,' should pass nem. con. And yet all the great ministers with us here, the bishops and other lords of greatest dependance on the court, contend this point, as if it were pro aris & focis. I hear his maj. in Scotland hath been pleased to declare against Ap-us, peals in parliament: I cannot much blame the court, if they think (the lord-keeper and the judges being of the king's naming, and in his power to change) that the justice of the nation is safe enough; and I, ny lords, may think so too, during this king's time, though I hear Scotland, not without reason, complains already. Yet how future princes may use this power, and how judges may be made out of men of ability or integrity, but men of relation and dependance, and who will do what they are commanded; and all men's causes come to be judged, and estates disposed on, as great men at court please.-My Lords, the constitution of our government hath provided better for us; and I can never believe so wise a body as the house of commons will prove that foolish woman, who plucks down her house with her hands. My Lords, I must presume in the next place to say something to what was offered by my lord bishop of Salisbury, a man of great learning and abilities, and always versed in a stronger and closer way of reasoning, than the business of that noble lord I answered before did accustom him to; and that rev. prelate had stated the matter very fair upon two heads. The 1st, Whether the hearing of Causes and Appeals, and, especially in this point where the members have privilege, be so material to us, that it ought not to give way to the reason of state, of greater affairs that pressed us at that time? The 2nd was, If this business be of that moment, yet whether the appointing a day to consider of this petition would prove of that consequence and prejudice to your cause?'-My Lords, to these give me leave in the first place to say, that this matter is no less than your whole judicature; and your judicature is the life and soul of the dignity of the peerage in England; you will quickly grow burthensome, if you grow useless; you have now the greatest and most useful end of parliaments principally in you, which is not to make new laws, but to redress grievances, and to maintain the old

That your whole judicature is not in question, but only the privilege of the house of commons, of their members not appearing at your bar:' My lords, were it no more, yet that, for justice and the people's sake, you ought not to part with how far a privilege of the house of commons, their servants, and those they own, doth extend, Westminster-Hall may with grief tell your lordships. And the same privilege of their members being not sued, must be allowed by your lordships as well; and what a failure of justice this would prove, whilst they are lords for life, and you for inheritance, let the world judge: for my part, I am willing to come to a Conference, whenever the dispute shall begin again; and dare undertake to your lordships, that they have neither precedent, reason, nor any justifiable pretence to shew against us; and therefore, my lords, if you part with this undoubted right merely for asking, where will the asking stop? And, my lords, we are sure it doth not stop here, for they have already, nem. con. voted against your lordships power of Appeals from any court of equity so that you may plainly see where this caution and reason of state means to stop; not one jot short of laying your whole judicature aside; for the same reason of passing the king's money, of not interrupting good laws, and whatever else, must of necessity avoid all breach upon what score soever: thus your lordships plainly see the Breach will be as well made upon your judicature in general, as upon this; so that when your lordships have appointed a day, a very long day, for to consider whether Dr. Shirley's Cause be not too hot to handle; and when you have done the same for sir Nich. Stanton, whose Petition I hear is coming in, your lordships must proceed to a Vote, to lay all private business aside for 6 weeks; for that phrase of private business hath obtained upon this last age, upon that which is your most public duty and business, namely, the administration of justice. And I can tell your lordships, besides the reason that leads to it, that I have some intelligence of the designing such

a Vote; for on the second day of your sitting, at the rising of the lords house, there came a gentleman into the lobby, belonging to a very great person, and asked in very great haste, Are the lords up? Have they passed the Vote?' And being asked, What Vote?' He answered, The Vote of no private business for 6 weeks.' -My Lords, if this be your business, see where you are; if we are to postpone our judicature, for fear of offending the h. of commons, for 6 weeks, that they, in the interim, may pass the Money, and other acceptable Bills that his maj. thinks of importance. Are so many wise men in the h. of commons to be laid asleep, and to pass all these acceptable things; and when they have done, to let us be let loose upon them?-Will they not remember this, next time there is want of Money? Or may not they rather be assured by those ministers that are amongst them, and go on so unanimously with them, that the king is on their side in this controversy? And when the public businesses are over, our time will be too short to make a breach, or vindicate ourselves in the matter. And then I beg your lordships, where are you, if after you have asserted but the last session your Right of Judicature, so highly, even in this point; and after the h. of commons had gone so high against you on the other hand, as to post up their Declaration and Remonstrances on Westminster-Hall doors; the very next session after you postpone the very same causes; and not only those, but all judicatures whatsoever? I beseech your lordships, will not this prove a fatal precedent and confession against yourselves? It is a maxim, and a rational one amongst the lawyers, 'That one precedent where the case hath been contested, is worth a thousand where there hath been no contest.' My lords, in saying this, I humbly suppose I have given a sufficient answer to my lord bishop's second question; Whether the appointing a day to consider what you will do with this Petition, be of that consequence to your right? For it is a plain confession, that it is a doubtful case, and that infinitely stronger than if it were a new thing to you, never heard of before; for it is the very same case, and the very same thing desired in that case, that you formerly ordered, and so strongly asserted; so that, upon time, and all the deliberation imaginable, you declare yourselves to become doubtful, and you put yourselves out of your own hands, into that power that you have no reason to believe on your side in this question. My Lords, I have all the duty imaginable to his majesty, and shall with all submission, give way to any thing he should think of importance to his affairs: but in this point it is to alter the constitution of the government, if you are asked to lay this aside; and there is no reason of state can be an argument to your lordships to turn yourselves out of that interest you have in the constitution of the government; it is not only your concern that you maintain yourselves in it, but it is the concern of the poorest man in England, that you keep your station; it is

your lordships concern, and that so highly, that I will be bold to say, the king can give none of you a requital or recompence for it. What are empty titles? What is present power, or riches, and a great estate, wherein I have no firm or fixed property? It is the constitution of the government, and maintaining it, that secures your lordships and every man else in what he hath; the poorest lord, if birthright of the peerage be maintained, has a fair prospect before him for himself or his posterity; but the greatest title, with the greatest present power and riches, is but a meau creature, and maintains those in absolute monarchies no otherwise than by servile and low flatteries, and upon uncertain terms.-My Lords, it is not only your interest, but the interest of the nation, that you maintain your rights; for let the h. of commons and gentry of England think what they please, there is no prince that ever governed without nobility or an army; if you will not have one, you must have the other, or the monarchy cannot long support, or keep itself from tumbling into a democratical republic. Your lordships and the people have the same cause, and the same enemies. My lords, would you be in favour with the king? it is a very ill way to it, to put yourselves out of a future capacity, to be considerable in his service: I do not find in story, or in modern experience, but that it is better, and a man is much more regarded, that is still in a capacity and opportunity to serve, than he that hath wholly deprived himself of all for his prince's service. And I therefore declare, that I will serve my prince as a peer, but will not destroy the peerage to serve him.-My Lords, I have heard of twenty foolish models and expedients to secure the justice of the nation, and yet to take this right from your lordships, as the king by his commission appointing commoners to hear Appeals; or that the 12 judges should be the persons, or that persons should be appointed by act of parliament, which are all not only to take away your lordships just right, that ought not to be altered any more than any other part of the government,but are in themselves, when well weighed, ridiculous: I must deal freely with your lordships, these things could never have risen in men's minds, but that there has been some kind of provocation that has given the first rise to it. Pray, my lords, forgive me, if on this occasion I put you in mind of Committee Dinners, and the scandal of it, those droves of ladies that attended all causes; it was come to that pass, that men even hired, or borrowed of their friends, handsome sisters or daughters to deliver their Petitions: but yet for all this, I must say, that your judgments have been sacred unless in one or two Causes; and those we owe most to that bench from whence we now apprehend the most danger.-There is one thing I had almost forgot to speak to, which is the conjecture of time, the hinge upon which our reason of state turns ;' and to that, my lords, give me leave to say, if this be not a