by Anthony Ashley Cooper

“ 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. ”

“ 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, 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. ”

“ 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. ”

“ 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 ”

“ 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. ”

“ 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? ”

“ 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 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 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 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 ”

“ 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. ”

“ 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 ”