renown in arms, they most excelled the rest of the world: the ftory is but fhort; it was in the time of the Decemviri; and I think the chief troublers of our ftate may make up that number. The Decemviri, my Lords, had fubverted the Laws, suspended the Courts of Justice, and (which was the greatest grievance both to the Nobility and People) had for fome years omitted to affemble the Senate, which was their Parliament. This, fays the hiftorian, did not only deject the Romans, and make them despair of their liberty; but, caufed them to be lefs valued by their neighbours. The Sabines take the advantage, and invade them; and now the Decemviri are forced to call the long-defired fenate; whereof the people were so glad, that *“Hoftibus belloque gratiam "habuerunt." This affembly breaks up in difcontent: nevertheless the war proceeds: Forces are raised, led by fome of the Decemviri, and with the Sabines they meet in the field. I know your Lordships expect the event: my author's words of his countrymen are thele, †“Ne quid ductu atque auspicio "decemvirorum profpere ufquam gereretur, vinci fe per fuum "atque illorum dedecus patiebantur:" they chofe rather to fuffer a prefent diminution of their honor, than by victory to confirm the tyranny of their new masters. At their return from this unfortunate expedition, after some distempers and expoftulations of the people, another Senate, that is, a fecond Parliament, is called: and there the Decemviri are queftioned, deprived of their authority, imprisoned, banished, and fome lofe their lives And foon after this vindication of their liberties, the Romans, by their better fuccess, made it appear to the world, that liberty and courage dwell always in the fame breaft, and are never to be disforced. No doubt, my lords, but your juftice fhall have the like effect upon this difpirited people. 'Tis not the reftitution of our antient laws alone, but the reftauration of our antient courage, which is expected from your Lordships. I need not fay any thing to move your juft indignation, that this man fhould fo cheaply give away that which your noble ancestors with fo much courage, and industry, had fo long maintained. You have often been told how careful they were, tho' with the hazard of their lives and fortunes, to derive thofe Rights and Liberties + Idem *Liv. Lib 3. c. 8. "Hoftibus belloque gratiam habendam, quod folitum quicquam liberæ civitatis fieret." Lib. 3. c. 42. as AND LETTERS. 255 as entire to pofterity, as they received them from their fathers What they did with labor, you may do with ease: what they did with danger, you may do fecurely the foundation of our laws is not fhaken with the engine of war, they are only blafted with the breath of these men: and by your breath they may be restored. What judgments your predeceffors have given, and what punishments their predeceffors have fuffered, for offences of this nature, your Lordships have already been fo well informed, that I shall not trouble you with a repetition of those precedents; only, my lords, fomething I fhall take leave to oblerve of the perfon with whofe charge I have presented you, that you may the lefs doubt of the wilfulness of his offence. His education in the Inns of Court, his conftant practice as a counsellor, and his experience as a judge, confidered with the mischief he has done, makes it appear that this progrefs of his through the law, has been like that of a diligent ipy thro' a country, into which he meant to conduct an enemy. To let you fee he did not offend for company, there is one crime fo peculiar to himself, and of fuch malignity, that it makes him at once incapable of your Lordship's favor, and his own fubfiftence incompatible with the right and propriety of the fubject. For, if you leave him in a capacity of interpreting the laws, has he not already declared his opinion, that your votes and refolutions against Ship-money are void, and that it is not in the power of Parliament to abolish that judgment? To him, my Lords, that has thus played with the power of Parliament, we may well apply what was once faid to the goat browsing on the vine; * Rode, caper, vitem! tamen hinc cùm ftabis ad aram, In tua quod fundi cornua poffit, erit. He has cropped and infringed the privileges of a banished Parliament; but, now it is returned, he may find it has power enough to make a facrifice of him, to the better establishment of our laws. And, in truth, what other fatisfaction can he make his injured country, than to confirm by his example thofe Rights, and liberties, which he had ruined by his opinion? For the proofs, my Lords, they are fo manifeft, that they will give you little trouble in the difquifition: his crimes are *OVID. Faft. Lib. 1. v. 557. already 256 SPEECHES already upon record; the delinquent and the witnefs is th fame having from feveral feats of judicature proclaimed himfel. an enemy to our laws and nation, "Ex ore fuo judica"bitur." To which purpose I am commanded by the Knights, Citizens, and Burgeffes of the House of Commons, to defire your Lordships, that as fpeedy a proceeding may be had against Mr. Justice CRAWLEY as the course of Parliament will permit. A SPEECH in the Houfe of Commons, on Tuesday, July 4, 1643, when Mr. WALLER was brought to the Bar, and had leave given him by the Speaker to fay what he could for himself, before they proceeded to expel him the House. I Mr. SPEAKER, Acknowledge it a great mercy of God, and a great favor from You, that I am once more fuffered to behold this Honourable Affembly. I mean not to make ufe of it to fay any thing in my own defence, by justification, or denial, of what I have done: I have already confeffed enough to make me appear worthy, not only to be put out of this House, but out of the world too. All my humble request to you is, that if I feem to you as unworthy to live, as I do to myself, I may have the honor to receive my death from your own hands; and not be exposed to a Trial by the Council of war; whatever you shall think me worthy to fuffer in a Parliamentary way, is not like to find ftop any where else. This, Sir, I hope you will be pleased for your own fakes to grant me, who am already fo miferable, that nothing can be added to my calamity but to be made the occafion of creating a precedent to your own difadvantage. Befides the Right I may have to this, confider, I beseech you, that the eyes of the world are upon you; you govern in chief; and, if you should expofe your own members to the punishment of others, it will be thought that you either want power, or leifure, to chaftife them yourfelves. Nor let any man defpife the ill confequence of fuch a precedent as this would be, because he feeth not prefently the inconveniencies which may enfue. You have many armies on foot; and it is uncertain how long you AND LETTERS. 257 you may have occafion to use them. Soldiers and Comman ders, (tho' I know well they of the Parliament's army excel no lefs in modefty, than they do in courage) are generally of a nature ready to pretend to the utmost power of this kind, which they conceive to be due to them; and may be too apt, upon any occafion of difcontent, to make use of fuch a precedent as this. In this very Parliament, you have not been without fome tafte of the experience hereof; it is now fomewhat more than two years fince you had an army in the North, paid, and directed, by yourfelves; and yet, you may be pleated to remember, there was a confiderable number of officers in that army, which joined in a Petition, or Remontrance, to this Houfe; taking notice of what fome of the Members had faid here, as they fuppofed to their disadvantage; and did little less than require them of you. 'Tis true, there had been fome tampering with them; but what has happened at one time, may wifely be thought poffible to fall out again at another. Sir, I prefume but to point you out the danger: if it be not juft, I know you will not do me the wrong to expofe me, to this Trial: if it be juft, your army may, another time, require the fame juftice of you, in their own behalf, against fome other member, whom, perhaps, you would be lefs willing to part with. Neceffity has of late forced you into untrodden paths: and in fuch a cafe as this, where you have no precedent of your own, you may not do amifs to look abroad upon other States, and Senates, which exercifed the fupreme power, as you now do here. I dare confidently fay you fhall find none, either antient or modern, which ever expofed any of their own order to be try'd for their life by the officers of their armies abroad, for what he did, while he refided among them in the Senate. Among the Romans the practice was fo contrary, that fome inferior officers in the army, far from the city, having been fentenced by their General, or Commander in chief, as deferving death, by their difcipline of war, have neverthe--lefs (because they were Senators) appealed thither: and the cause has received a new hearing in the Senate. Not to ufe more words, to perfwade you to take heed that you wound not your felves through my fides, in violating the privilege belonging to your own perfons: I fhall humbly defire you to confider likewife the nature of my offence; not but that I should be much ashamed to fay any thing in diminution thereof: Υ GOD 258 SPEECHES GOD knows it is horrid enough, for the evil it might have occafioned! But, if you look near it, it may perhaps appear to be rather a civil, than a martial, crime; and so to have title to a Trial at the common law of the land: there may justly be fome difference put between me, and others, in this business. I have had nothing to do with the other army; or any intention to begin the offer of violence to any body. It was only a civil pretence to that which I then foolishly conceived to be the Right of the subject. I humbly refer it to your confiderations, and to your confciences. I know you will take care not to fhed the blood of war in peace; that blood, by the law of war, which hath a right to be tried by the law of peace. For fo much as concerns myself, and my part in this bufinefs, (if I were worthy to have any thing ipoken, or patiently heard in my behalf) this might truly be faid, that I made not this business, but found it: it was in other men's hands long before it was brought to me: and when it came, I extended it not, but restrained it. For the propofitions of letting-in part of the King's army, or offering violence to the members of this Houfe, I ever difallowed, and utterly rejected them. What it was that moved me to entertain difcourfe of this business so far as I did, I will tell you ingenuously: and that, rather as a warning for others, than that it makes any thing for my felf. It was only an impatience of the inconveniences of the present war; looking on things with a carnal eye: and not minding that which chiefly (if not only) ought to have been confidered, the inestimable value of the cause you have in hand, the cause of God, and of religion: and the neceffities you are forced upon for the maintenance of the fame. As a juft punishment for this neglect, it pleafed God to defert and fuffer me, (with a fatal blindness!) to be led on, and engaged in fuch counfels as were wholly difproportioned to the rest of my life! This, Sir, my own conscience tells me was the cause of my failing; and not malice, or any ill habit of mind, or difpofition, toward the commonwealth, or to the Parliament. For, from whence fhould I have it? if you look on my birth, you will not find it in my blood: I am of a stock which hath born you better fruit: if you look on my education, it had been almost from my childhood in this House, and among the best fort of men and for the whole practice of my life, 'till this time !-- -if another were to speak for me, he might reasonably say that neither my actions out of Parliament, |