But while these Men have thus bent their Wits against the Laws of their Country; whether they have neglected their own Province, and what Tares are grown up in the Field which they fhou'd have tilled, I leave to a fecond Confideration: Not but that Religion ought to be the first thing in our Purposes and Defires; but that which is firft in Dignity, is not always to precede in order of Time. For Well-being fuppofes a Being; and the first Impediment, which Men naturally endeavour to remove, is the want of those things, without which they cannot fubfift. God first affigned unto Adam Maintenance of Life, and gave him a Title to the rest of the Creatures, before he appointed him a Law to observe. And let me tell you, if our Adverfaries have any fuch Design; as there is nothing more eafic, than to impofe Religion on a People deprived of their Liberties; fo there is nothing more hard than to do the fame upon Freemen.

And therefore (Mr. Speaker) I conclude with this Motion, That there may, be an Order prefently made, that the first thing this Houfe will confider of, fhall be the reftoring this Nation in general to its Fundamental and Vital Liberties; the Property of our Goods, and Freedom of our Perfons: And that then we will forthwith confider of the Supply defired.

And thus we fhall difcharge the Truft repofed in us, by thofe that fent us hither. His Majefty will fee, that we make more than ordinary hafte to fatisfic his Demands; and we fhall let all thofe know, that feek to haften the matter of Supply, that they will fo far delay it, as they give Interruption to the former.

Mr. Waller's Speech in Parliament, at a Conference of both Houfes in the Painted Chamber July 6, 1641.

I

MY LORDS,

Am commanded, by the Houfe of Commons, to prefent you with thefe Articles against Mr. Juftice Crawley, which when your Lordfhips fhall have been pleafed to hear read, I fhall take Leave (according to Custom) to fay fomething of what I have collected from the Senfe of that Houfe, concerning the Crimes therein contained.

Then the Charge was read, containing his extrajudicial Opinions fubfcribed, and Judgment given for Ship-Mony ; and afterward, a Declaration in his Charge at an Affize, That Ship-Mony was fo inherent a Right in the Crown, that it would not be in the Power of a Parliament to take it away.

My Lords,

NOT

OT only my Wants, but my Affections render me lefs fit for this Employment; for though it has not been my Happiness to have the Law a Part of my Breeding, there is no Man honours that Profeffion more, or has a greater Reverence towards the grave Judges, the Oracles thereof. Out of Parliament, all our Courts of Justice are govern'd or directed by them; and when a Parliament is call'd, if your Lordships were not affifted by them, and

the

the House of Commons by other Gentlemen of that Robe, Experience tells us, it might run a Hazard of being stiled Parliamentum indoctorum. But as all Profeffions are obnoxious to the Malice of the Profeffors, and by them most eafily betray'd; fo (my Lords) thefe Articles have told you, how thefe Brothers of the Coif are become fratres in malo; how thefe Sons of the Law have torn out the Bowels of their Mother. But this Judge (whofe Charge you last heard) in one Expreffion of his, excels no lefs his Fellows than they have done the worst of their Predeceffors, in this Confpiracy against the Common-wealth. Of the Judgment for Ship-Money, and thofe extra-judicial Opinions preceding the fame (wherein they are jointly concern'd) you have already heard: How unjust and pernicious a Proceeding that was in fo publick a Caufe, has been fufficiently exprefs'd to your Lordships. But this Man, adding Defpair to our Mifery, tells us from the Bench, that Ship-Money was a Right fo inhe rent in the Crown, that it would not be in the Power of an Act of Parliament to take it away. Herein (my) Lords) he did not only give as deep a Wound to the Common-wealth as any of the reft, but dipt his Dart in fuch a Poifon, that, fo far as in him lay, it might never receive a Cure. As by thofe abortive Opinions, fubfcribing to the Subverfion of our Property, before he heard what cou'd be faid for it, he prevented his own; fo by this Declaration of his, he endeavours to prevent the Judgment of your Lordships too, and to confine the Power of a Parliament, the only Place where this Mifchief might be redrefs'd. Sure he is more Wife and Learned, than to believe himself in this Opinion; or not to know how ridiculous it would appear to a Parliament, and how dangerous to himself; and therefore, no doubt, but by faying no Parliament could abolish this Judgment, his Meaning was, that this Judgment had abolish'd Parliaments.

This Impofition of Ship-money fpringing from a pre tended Neceffity, was it not enough that it was now grown Annual, but he must entail it upon the State for ever, at once making Neceffity inherent to the Crown, and Slavery to the Subject? Neceffity, which diffolving all Law, is fo much more prejudicial to his Majefty than to any of us, by how much the Law has invested his Royal State with a greater Power, and ampler Fortune; for fo undoubted a Truth it has ever been, that Kings, as well as Subjects, are involv'd in the Confufion which Neceffity produces, that the Heathen thought their Gods alfo obliged by the fame, pareamus neceffitati quam nec bomines nec dii fuperant : This Judge then having in his Charge at the Affize, declar'd the Diffolution of the Law, by this fuppos'd Neceffity; with what Confcience cou'd he, at the fame Affize, proceed to condemn and punish Men, unless perhaps he meant the Law was still in force for our Destruction, and not for our Preservation; that it fhould have power to kill, but none to protect us; a thing no lefs horrid, than if the Sun Thould burn without lighting us, or the Earth ferve only to bury, and not to feed and nourish us. But (my Lords) to demonftrate that this was a fuppofititious, impos'd Neceffity, and fuch as they could remove when they pleas'd; at the laft Convention in Parliament, a Price was fet upon it, for twelve Subfidies you shall reverse this Sentence: lt may be faid that fo much Money would have removed the prefent Neceffity, but here was a Rate fet upon future Neceffity; for twelve Subfidies you fhall never fuffer Neceffity again, you shall for ever abolish that Judgment. Here this Myftery is revealed, this Vizor of Neceffity is pull'd off, and now it appears, that this Parliament of Judges had very frankly and bountifully prefented his Majefty with twelve Subfidies, to be levy'd on your Lordfhips, and the Commons. Certainly, there is no Privilege which more properly belongs to a Parliament, than to open the Purse of the Subject; and yet thefe Judges, who are neither

capable

capable of fitting among us in the Houfe of Commons, nor with your Lordships, otherwise than your Affiftants, have not only affum'd to themselves this Privilege of Parliament, but prefum'd at once to make a Prefent to the Crown, of all that either your Lordships, or the Commons of England do, or fhall hereafter poffefs.

And because this Man has had the Boldness to put the Power of Parliament in ballance with the Opinion of the Judges, I fhall intreat your Lordships to obferve by way of Comparison, the folemn and fafe Proceeding of the one, with the precipitate Dispatch of the other. In Parliament (as your Lordships know well) no new Law can pafs, or old be abrogated, 'till it has been thrice read with your Lordships, thrice in the Commons House, and then it receives the Royal Affent; fo that 'tis like Gold feven times purify'd: Whereas thefe Judges, by this one Refolution of theirs, would perfwade his Ma jefty, that by naming Neceffity he might at once diffolve (at leaft fufpend) the great Charter thirty two times confirm'd by his Royal Progenitors, the Petition of Right, and all other Laws provided for the Maintenance of the Right and Property of the Subject; a ftrange Force (my Lords) in the Sound of this Word Neceffity, that like a Charm it fhould filence the Laws, while we are defpoil'd of all we have; for that but a part of our Goods was taken, is owing to the Grace and Goodness of the King; for fo much as concerns thefe Judges, we have no more left than they perhaps may deferve to have, when your Lordships fhall have paffed Judgment upon them. This for the neglect of their Oaths, and betraying that publick Truft, which for the Confervation of our Laws was reposed in them.

Now for the Cruelty and Unmercifulness of this Judgment. You may please to remember that in the old Law they were forbid to feeth a Kid in his Mother's Milk of which the receiv'd Interpretation is, that we fhould not use that to the Deftruction of any Creature, which was intended for its Prefervation: Now

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