can have, can fecure us from the French, if they are at leifure: He is grown the moft potent of us all at Sea, he hath built Twenty-four Ships the laft Year, and hath Thirty more in Number than we, befides the Advantage that all our Ships are out of order, and his exquifitely provided for, that every Ship hath its particular Store-houfe. It is incredible the Money that he hath beftowed in making Harbours; he makes Nature itself give way to the Vaftnefs of his Expences. And after all this, fhall a Prince fo wife, fo intent in his Affairs, be thought to make all this Preparation to fail over Land to fall upon the Back of Hungaria, and to batter the Walls of Camaurkie; or is it poffible he fhould overfee his Interest in seizing of Ireland, a Thing fo feizable to him? If he be Master of the Seas, as he certainly now is, and which when attained, gives all the Mediterranean, East and West India Trade, and renders him (both by Situation and exact Harbours perpetual) Mafter of the Seas without Difpute. My Lords, to conclude this Point, I fear the Court of England is verily miftaken in it; and I do not wish them the Reputation of the Concurrence of the Kingdom, and this out of fincere Loyalty to his Majefty, and Love to my Nation."

My Lords, I have one Thing more to trouble you with, and peradventure it is a Confideration of the greatest Weight and Concern, both to your Lordships, and the whole Nation: I have often feen in this Houfe, that the Arguments with strongest Reasons, and most convincing to the Lay-Lords in general, have not had the fame Effect in the Bishop's 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 Reason, as their Lordfhips, fhould not have the fame Care of doing right, and the fame Conviction what is right upon clear Reafon offered, that other your Lordships have. My Lords, I must neceffarily think we differ in Principles, and then it is very eafy to apprehend what is the cleareft Senfe to Men of my Principle, may not at all perfuade, or affect the Confciences of the beft Men of a different one. I put your Lordships Cafe, as it is now plainly before us; my Principle is, that the King is King by the Law, by the fame Law that the poor Man enjoys his Cottage; and fo it becomes the Concern of every Man in England that hath his Liberty to maintain, and to defend to his utmoft, the King in all his lawful Rights and Prerogatives. And my Principle is alfo, that the Houfe of Lords, and the Judicature, and Rights belonging to it, are an effential Part of the Government established by the fame Law the King governing and adminiftering Juftice by his Houfe of Lords, and advifing with both his Houfes of Parliament in all important Matters, is the Government I own, am born under, am obliged to: If ever there fhould happen in future Ages (which God forbid) a King governing by an Army without a Parliament, it is à 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 Parts of it, and cannot fatisfy his Confcience to give up the Lords House for the Service of the Crown, or to take away the juft Rights or Privileges of the Houfe 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 that I remember of it, and I cannot find that the Jefuits or any Clergy have owned it, but fome of VOL. III. E e the

the Epifcopal Clergy of our British Illes; it is with us, as it is new; fo the most dangerous deftructive Doctrine to any Government and Law that ever was: It is the first of the Canons published by the Convocation 1640, that Monarchy is of Divine Right; this Doctrine was then preached up and maintained by Sibthorp, Manwering, and others, and of late Years, by a Book published by Dr. Sanderfon, Bishop of Lincoln, under the Name of Archbishop Uber; and how much it fpread among our dignified Clergy is very eafily known. We all agree, that the King and his Government is to be obeyed for Confcience Sake; and that the Divine Precepts require not only here but in all Parts of the World Obedience to lawful Governors: But this Family are our Kings, and this particular Frame of Government is our lawful Conftitution, and obligeth us, as belonging only to the particular Laws of our Country. This Laudean Doctrine was that Root that produced the Bill of Teft the laft Seffion; and fome very perplexed Oaths, that are of the fame Nature with that, and yet impofed by several Acts of this Parliament. In a Word, if this Doctrine. be true, our Magna Charta is of no Force, our Laws are but Rules among ourfelves, during the King's Pleafure. Monarchy of Divine Right cannot be bounded nor limited by human Laws; này, what is more, cannot found itself, and all our Claim of Right by the Law, or the Conftitution of the Government, all the Jurifdiction and Privileges of this Houfe, all the Rights and Privileges of the House of Commons, all the Properties and Liberties of the People, are to give away not only the Intereft, but the Will and Pleasure of the Crown. And that the best and worthieft of Men (holding this Principle) muft vote to deliver up all we have, not only when Reason of State, and the feparate Interest of the Crown requires it; but when the Will and Pleasure (if known) would have it fo; for thus must be a Man of that Principle, as the only Rule and Means of Right and Justice: Therefore, my Lords, you fee how neceffary it is, that our Principles be known; and how fatal it is to us all, that this Principle fhould be fuffered to spread any further.

My Lords, to conclude, your Lordships have feen of what Confequence this Matter is to you, and that the appointing a Day to confider, is no lefs than declaring yourselves doubtful upon fecond and deliberate Thoughts, that you put yourselves out of your own Hands, no more than moral Probability of having this Seffion made a Precedent against you. You fee your Duty to your félves and the People, and that it is really the Intereft of the House of Com mons (but may be the Inclination of the Court) that you lofe the Power of Appeals But I beg our Houfe may not be Felo de fe, but your Lordships would take in this Affair, a due Courfe to preferve yourfelves, and appoint a Day, this Day three Weeks, for hearing Dr. Shirley's Caufe, which is my humble Motion.

A SPEECH made in the Houfe of PEERS, by the EARL of SHAFTSBURY, November 1678, upon Confideration of the State and Condition of England, Scotland and Ireland.

My Lords,

You

OU are appointing of the Confideration of the State of England, to be taken upon a Committee of the whole House fome Day the next Week I do not know how well what I have to fay may be received; for I never studied, either to make my Court well, or to be popular; I always speak what I am commanded by the Dictates of the Spirit within me.

There are fome other Confiderations that concern England fo nearly, that without them you will come far fhort of Safety and Quiet at Home...

We have a little Sifter, and he has no Breaft; what fhall we do for our Sifter in the Day when the fhall be fpoken for? if fhe be a Wall, we will build upon her a Palace of Silver, and if the be a Door, we will inclofe her with Boards of Cedar; we have feveral little Sifters without Breafts, the French Proteftant Church, the two Kingdoms of Ireland and Scotland. The foreign Proteftants are a Wall, the only Wall and Defence to England; upon it you may build Palaces of Silver, glorious Palaces. The Protection of the Proteftants abroad is the greatest Power and Security the Crown of England can attain unto, and which can only help to give a Check to the growing Greatness of France: Scotland and Ireland are two Doors that let in either Good or Mischief upon us.. They are much weakened by the Artifice of our cunning Enemy; and we ought to inclose them with Boards of Cedar: Popery and Slavery, like two Sifters, go. Hand in Hand, fometimes one goes firft, and fometimes the other in a Door; but the other is always following clofe at Hand. In England, Popery was to have brought in Slavery; in Scotland Slavery went before, and Popery to follow. I do not think your Lordships, or the prefent Parliament have Jurifdiction there; it is a noble and antient Kingdom, they have an illustrious Nobility, a gallant Gentry, a learned Clergy, and an induftrious worthy People; but yet we cannot think of England, as we ought, without reflecting on the Condition) they are in, they are under the fame Prince and Influence of the fame Favourites and Council, they are hardly dealt with; and can we that are the richer expect better Ufage? for it is certain, that in all abfolute Government, the pooreft Countries are always moft favourably dealt with, when the ancient Nobility and; Gentry there cannot enjoy their Royalties, their Shrevedoms, and their Stewarties, which they, and their Ancestors have poffeffed for feveral Hundred Years, but that they are now enjoyned by the Lords of the Council, to make Deputations of their Authority, to fuch as are their known Enemies; can we expect to enjoy our Magna Charta long, under the fame Perfons and Administrations of Affairs, if the Council there can imprison any Nobleman for feveral Years, without bringing him to Tryal, or giving the leaft Reason for what they do? Can we expect the fame Men will preserve the Liberty of the Subject here? I will accknowledge that I am not well verfed in the particular Laws of Scotland.

But this I do know, that all the Northern Countries have, by their Laws, an undoubted and inviolable Right to their Liberties and Properties; yet Scot land has outdone all the Eastern and Southern Countries, in having their Lives, Liberties and Eftates, fequeftered to the Will and Pleasure of those that govern. They have lately plundered and haraffed the richest and wealthieft Counties of that Kingdom, and brought down the barbarous Highlanders to devour them, and this without almoft a tolerable Pretence to do it, but those which defign to procure a Rebellion at any Rate, which as they managed it, was only prevented by the miraculous Hand of God, or otherwife all the Papifts of England would have been armed, and the fairest Opportunity given in the just Time, for the Execution of that bloody and wicked Defign the Papifts had; and it is not poffible for any Man that duly confiders it to think other, but that thofe Minifters that acted there, were as guilty in the Plot, as any of the Lords that are in Question for it.

My Lords, I am forced to fpeak this and plainer, because until the Preffure be fully taken off from Scotland, it is not poffible for me or any thinking Man to believe that Good is meant; it is here we must ftill be upon our Guard, apprehending, that the Principle is not changed at Court, and that those Men that are ftill in Place and Authority have their Influence upon the Mind of our excelcellent Prince, that he is not, nor ever can be, that to us which his Nature and Goodnefs would incline him to: I know your Lordships can order nothing in this, but there are those that hear me, can put a perfect Cure to it, and until that be done, this Scotch Weed is like Death in the Pot Mors in Olla; but there is fomething which now I confider moft immediately concerns us, their Aft of Two and Twenty Thousand Men to be ready to invade us upon all Occafions; this I hear the Lords of the Council there have treated (as they do all other Laws) expounded it unto a standing Army of Sixty Thousand Men. I am fure we have Reason and Right to befeech the King, that that Act may be confidered in the next Parliament there. I fhall fay no more of Scotland at this Time; I am afraid your Lordships will think I have said too much, having no Concern there; but if a French Nobleman fhould come to dwell in my House and Family, I think it concerns me, what he did in France; for if he was there a Felon, a Rogue, a Plunderer, I fhould defire him to live elsewhere, and I hope your Lordships will think fit to do the fame Thing for your Nation, if you find the fame Cause.

My Lords, give me leave to speak two or three Words concerning our other Sifter Ireland; thither I hear is fent Douglas's Regiment to ferve us against the French; befides, I am credibly informed, the Papifts have their Arms restored, and the Proteftants are not many of them received to Favour, being the fufpectedParty, the Sea-Towns as well as the Inlands are full of Papifts: That Kingdom cannot long continue in English Hands, if fome better Care be not taken of it.

This is in your Power, and there is nothing there but is under your Laws; therefore I beg that this Kingdom at least may be taken into your Confideration, together with the State of England; for I am fure there can be no Safety here, if thofe Doors are not shut up and made fafe.

DILENDA,

DELENDA CARTHAGO, or the true Intereft of England, in Relation to France and Holland. By the EARL of SHAFTSBURY.

S the Happiness of our Situation fecures us from the Invafion of any, who are not our Masters at Sea; the fame Reafon makes it altogether against the Intereft of England, to feek to enlarge her Dominions by Conqueft, upon the Continent: For the Charge of tranfporting, befides the Accidents of the Sea, is fuch Odds, as the can never wage an equal War.

The Truth of this will appear to any who fhall read the Wars of England in France, the vaft Expence of Blood and Treasure, the many Hindrances and Difappointments, in fending our Reliefs by Sea; and, after the most profperous Succeffes, the little Effect, and final Lofs of all.

Which indeed proved our greatest Benefit, by fending us to live at Home. And I think it very plain, that the Lofs of Calais, and ridding our Hands of all the Seeds of War, the Garrifons we had in France, was exceedingly for the Advantage of England. We called them Bridles upon France, but they proved Sponges to us, and drained more Money from us, (and fometimes Men) than, if employed upon the Fleet, would have enabled us to bridle France, and the Seas, and to have extended the Privilege of the Flag to both Worlds.

The Fleet are the Walls of England. To command at Sea, not to make Conquefts by Land, is the true Intereft of England.

And the fame Reason makes it the Intereft of France, not to meddle with us. He can extend his Conquefts with fifty Times lefs Expence and Hazard: upon the Continent. Nor does he defire more of England, than not to hurt

him.

Accordingly we find that France has always endeavoured to live well with England; and indeed they have courted us, and always fhewed a more particular Kindness to the English Gentry, than to any other Nations, who travelled thither for their Education.

And when we were lately obliged to declare War against them (for we began with them) yet it was not for any Injury they had done to us, nor had we one to inftance.

And by the Iffue of all the Wars that England ever yet had againft France, it plainly appears, to be the Intereft of England to have no War with Frances at least never to carry our Arms into France.

For fuppofe the beft, the utmost you can propofe, even to conquer France, as we did once before: How fhall we keep it? What Armies of English must we always have there to prevent their rebelling? Would tranfplanting of all England ferve the Turn? Sure fuch a Conqueft would drain and ruin Eng-land, as the Indies have Spain.

But suppose we had it, and could keep it: Our King would make his Refidence in France, and England would become a Province like Flanders, when their Earls came to be Kings of Spain; or as Scotland is now to England;

2

which