by Anthony Ashley Cooper

“ My Lords, to conclude, your Lordships have seen of what consequence this matter is to you, and that the appointing a day to consider, is no less than declaring yourselves doubtful, upon second and deliberate thoughts, that you put yourselves out of your own hands, into a more than a moral probability, of having this Session made a precedent against you. You see your Duty to yourselves and the People; and that ’tis really not the interest of the House of Commons, but may be the inclination of the Court, that you loose the Power of Appeals ”

“ 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, which plucks down her House with her hands. ”

“ Your Lordships and the people have the same cause, and the same Enemies. My Lords, would you be in favour with the King? ’Tis 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 ’tis better, and a man is much more regarded that is in a capacity and opportunity to serve, than he that hath wholly deprived himself of all for his Prince’s service. ”

“ My lords, I am forced to speak this the plainer, because, till the pressure be fully and clearly taken off from Scotland, it is not possible for me, or any thinking man, to believe that good is meant us here. ”

“ No Money for Ships, nor Preparation you can make, nor Personal assurances our Prince can have, can secure us from the French if they are at leisure, he is grown the most Potent of us all at Sea. He has Built 24 Ships this last year; and has 30 more in number than we besides the advantage that our Ships are all out of Order, and his so exquisitely provided for, that every Ship has his particular Store-house. ’Tis incredible the Money he hath, and is bestowing in making Harbors, he makes nature itself give way to the vastness of his Expence. ”

“ The protection of the protestants abroad is the greatest power and security the crown of England can attain to, and which can only help us to give a check to the growing greatness of France. Scotland and Ireland are two doors, either to let in good or mischief upon us: they are much weakened by the artifice of our cunning enemies, and we ought to inclose them with boards of cedar. ”

“ I look upon it as the ignorance and weakness of the latter Age, if not worse, the effect of the Designes 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, and perplexed Statutes do: which has made Work for the Lawyers, given power to the Judges, lessened Your Lordships’ Power, and in a good measure unhinged the security of the People. ”

“ If the council-table there can imprison any nobleman or gentleman for several years, without bringing him to trial, or giving him the least reason for what they do, can we expect the same men will preserve the liberty of the subject here? ”

“ I put your Lordships the case plainly, as ’tis now before us. My principle is, That the King is King by Law, and by the same Law that the poor Man enjoys his Cottage; and so it becomes the concern of every man in England, that has but his liberty, to maintain and defend, to his utmost, the King in all his Rights and Prerogatives. My Principle is also, That the Lords House, and the Judicature and Rights belonging to it, are an Essential part of the Government, and Established by the same Law ”

“ So on the other hand, if the Obstinancy of the Party in the wrong, shall be made an unanswerable Argument for the other Party to recede and give up his just Rights, How long shall the People keep their Liberties, or the Princes or Governours of the World their Prerogatives! How long shall the Husband maintain his dominion, or any man his Property from his Friend, or his Neighbour’s Obstinancy? ”

“ When the ancient nobility and gentry there cannot enjoy their royalties, their shrevaldoms, and their stewardaries, which they and their ancestors have possessed for several hundreds of years, but that now they are enjoined by the lords of the council to make deputations of their authorities to such as are their known enemies ”

“ The House 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 I believe Ours does, and when Laws grow so multiplied, they prove oftener Snares, than Directions and Security to the People. ”

“ We must still be upon our guard, apprehending that the principle is not changed at court, and that these men that are still in place and authority have that influence upon the mind of our excellent prince, that he is not, nor cannot be that to us, which his own nature and goodness would incline him to. ”

“ The King governing and administering Justice by His House of Lords, and advising with both His Houses of Parliament in all important matters, is the Government I own, am born under, and am obliged to. ”

“ 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, ’tis not only your concern that you maintain yourselves in it, but ’tis the concern of the Poorest man in England that you keep your Station. ”

“ And I consider, that ’tis not possible, that Men of great Learning, Piety, and Reason, as their Lordships are, should not have the same care of doing right, and the same conviction, what is right upon clear reason offered, that other your Lordships have.And therefore,my Lords, I must necessarily think, we differ in principles; And then ’tis very easie to apprehend what is the clearest sense to men of my principle, may not at all perswade or affect the Conscience of the best man of a different one. ”

“ And after all this shall a Prince so Wise, so intent upon his affairs, be thought to make all these preparations to Saile over Land, and fall on the back of Hungary, and Batter the walls of Kaminit’z, or is it possible he should oversee his Interest in seizing of Ireland, a thing so feasible to him, if he be master of the Seas, as he certainly now is ”

“ And 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, or to consider whether Dr. Shirley’s Cause be not too hot to handle. And when you have done the same for Sir Nicholas Stoughton whose Petition I hear is coming in, your Lordships must proceed to a Vote to lay all private Business aside for six Weeks, for that Phrase of private Business hath obtained upon this last Age, upon that which is your most publique Duty and Business ”

“ That ’tis against your Judicature to heer this Cause which is not proper before Us, nor ought to be relieved by Us. To this my Lords give me leave to Answer, that I did not expect from a man Professing the Law; that after an Answer by Orders of the Court was put in, and a day had been appointed for Hearing, which by some Accident was set aside, and the Plaintiffe moving for a second day to be assigned that ever without hearing Counsel on both sides; the Court did enter into the Merits of the Cause. ”