concurrent good will of his people. Never more money taken from the fubject; never more want in the Exchequer! If we look upon what has been paid; it is more than ever the people of England were wont to pay in fuch a time. If we lock upon what has been effected therewith; it fhews as if never King had been worfe fupply'd fo that we feem to have endeavoured the filling of a sieve with water. Whofoever gave advice for thefe courfes, has made good the faying of the wife man, * C Qui conturbat domum fuam poffidebit "ventum." By new ways they think to accomplish wonders; but, in truth, they grafp the wind: and are at the fame time cruel to us, and to the King too. For, if the Commonwealth flourish, than he that hath the Sovereignty can never want, nor do amifs; so as he govern not according to the intereft of others; but go the shortest, and the fafeft, ways, to his own, and the common good.

:

The Kings of this nation have always governed by Parliament and if we look upon the fuccefs of things fince Parliaments were laid by, it resembles that of the Græcians.

+ Ex illo fluere ac retro fublapfa referri

Res Danaûm ***

efpecially on the fubjects' part. For, though the King hath gotten little; they have lost all.

"

But, His Majefty fhall hear the truth from us; and we fhall make appear the errors of thofe Divines who would perfuade us, that a Monarch must be abfolute, and that he may do all things" ad libitum :" receding not only from their text, (tho' that be a wand'ring too) but from the way their own profeffions might teach them, ‡ “State fuper vias antiquas," and, || " remove "not the ancient bounds, and land marks, which our "fathers have fet." If to be abfolute were to be reftrained by no laws, then can no King in Chriftendom be fo; for, they all ftand obliged to the laws Chriftian : and we ask no more; for, to this pillar are our privileges

fixed; our Kings at their coronation taking a facred oath not to infringe them.

I am forry these men take no more care to gain our belief of these things which they tell us for our fouls' health; while we know them fo manifeftly in the wrong, in that which concerns the liberties and privileges of the fubjects of England! But, they gain preferment; and then it is no matter, tho' they neither believe themfelves, nor are believed by others. But fince they are fo ready to let loose the confciences of their Kings, we are the more carefully to provide for our protection against this pulpit-law, by declaring and reinforcing the municipal laws of this kingdom.

It is worth obferving, how new this opinion is, or rather this way of Rifing, even among themselves. For Mr. Hooker (who fure was no refractory man, as they term it) thinks, that the first government was arbitrary, till it was found, that "to live by one inan's " will, became the cause of all men's mifery :" (these are his words) concluding, † that this was the original of inventing laws. And, if we look farther back, our histories will tell us, that the Prelates of this kingdom have often been the mediators between the King and his fubjects, to present and pray redress of their grievances; and had reciprocally then as much love, and reverence, from the people.

But, thefe preachers, (more active then their predeceffors, and wiser than the laws) have found out a better form of government! The King must be a more abfolute Monarch than any of his predeceffors; and to them he must owe it: tho' in the mean time, they hazard the hearts of his people; and involve him in a thousand difficulties. For fuppofe this form of government were inconvenient; (and yet this is but a suppofition; for, thefe five hundred years it hath not only maintained us in fafety, but made us victorious over

Ecclefiaftical Polity, Book. I. Sect. 10.

"This constrained them to come unto laws, wherein all men "might fee their duties beforehand, and know the penalties of "trangreffing them." Abid.

other

other nations,) but, I fay, fuppofe they have another idea of one more convenient, we all know how dangerous innovations are, though to the better; and what hazard those Princes muft run, that enterprise the change of a long-establish'd government. Now of all our Kings that have gone before, and of all that are to fuccede in this happy race; why fhould fo pious, and fo good a King be expofed to this trouble, and hazard? Befides that, Kings fo diverted can never do any great matter abroad.

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 should have tilled, I leave it to a fecond confideration. Not but that religion ought to be the first thing in our purposes, and defires: but, that which is first 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 thofe things without which they cannot fubfift. God first affigned unto Adam maintenance of life, and gave him a title to the reft of the creatures, before He appointed a law to obferve. And let me tell you, if our adverfaries have any fuch defign, as there is nothing more easy than to im pofe religion on a people deprived of their liberties; fo there is nothing more hard than to do the fame upon free men.

And therefore, Mr. Speaker, I conclude with this motion, that there may be an order presently made, that the first thing this Houfe will confider of, fhall be the reftoring this nation in general to the fundamental, and vital liberties, the propriety of our goods, and freedom of our perfons: and that then we will forthwith confider of the Supply defired. And thus we shall difcharge the truft reposed in us, by thofe that fent us hither: His Majefty will fee, that we make more than ordinary hafte to fatisfy 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.

A Speech

A Speech in Parliament, at a Conference of both

Houfes in the Painted Chamber, July 5, 1641, upon delivering the Impeachment against Mr. Justice CRAWLEY.

MY LORDS, I.

AM commanded, by the House of Commons, to pre.

sent you with these Articles against Mr. Jultice CRAWLEY: which when your Lordships shall have been pleased to hear read, I shall take leave (according to custom) to say something of what I have collected from the sense of that House, concerning the crimes therein contained.

Articles of the House of Commons in the name of themselves,

and of all the commons of England, againsi Sir Francis Crawley, Knight, one of the Jufiices of His Majesty's Court of Common-Pleas, impeaching him as folliweih.

1. That he, about the month of November, Anno Domini 1635, then being one of the Justices of the Common-Pleas, and having taken an oath for the due administration of justice to His Majesty's liege people, according to the Laws and Statutes of this realm, subscribed an opinion, “ in hæc verba :” [I am of opinion, that as where the benefit doth more particularly redound to the good of the ports, or maritime parts, (as in case of piracy or depredations, upon the leas) there the charge hath been, and may be lawfully impos'd upon them, according to the precedents of former times : so, where the lafety and good of the kingdom in general is concerned, and the whole kingdom in danger, (of which His Majesty is the only judge,) there the charge of the defense ought to be born by all the realm in general. This I hold agreeable both to law and reason.]

11. That be, in or about the month of February, Anno Domini 1636, then being one of the Justices of

the

the faid Court of Common-Pleas, fubfcribed an extrajudicial opinion, in anfwer to Questions in a letter from His Majefty," in hæc verba :

CHARLES REX,

When the good and fafety of this kingdom in general is concerned, and the whole kingdom is in danger, whether may not the Kings, by Writs under the great feal of England, command all the fubjects of this kingdom, at their charge, to provide and furnish such number of fhips, with men, victuals, and munition, and for fuch time as he shall think fit, for the defenfe and safeguard of the kingdom from fuch peril and danger; and by law compel the doing thereof in cafe of refufal or refractoriness? And whether in fuch cafe is not the King the fole judge, both of the danger, and when, and how, the fame is to be prevented and avoided?

May it please your most excellent Majefty!

C. R.

We have according to Your Majefty's command feverally every man by himself, and all of us together, taken into ferious confideration the cafe and question figned by Your Majefty, and inclosed in Your royal Letter. And we are of opinion, that when the good and fafety of the kingdom in general is concerned, and the whole kingdom in danger, Your Majefty may by Writ, under the great feal of England, command all the fubjects of this Your kingdom, at their charge, to provide and furnish fuch number of fhips, with men victuals, and munition; and for fuch time as Your Majefty fhall think fit, for the defenfe and fafeguard of the kingdom from fuch danger and peril: and that by law Your Majefty may compel the doing thereof, in cafe of refufal, or refractoriness. And we alfo are of opinion, That in fuch cafe Your Majefty is the fo'e

P

judge