The question was whether a soldier was to be permitted to insult English gentlemen, and, if they murmured, to cut their throats?
It was moved in the Court of King's Bench that Kirke should either be brought to immediate trial or admitted to bail.

Shower, as counsel for Seymour, opposed the motion.

But Seymour was not content to leave the case in Shower's hands.

In defiance of all decency, he went to Westminster Hall, demanded a hearing, and pronounced a harangue against standing armies.

"Here," he said, "is a man who lives on money taken out of our pockets.