danger, there was heard a voice in the air, louder than ordinary," The Gauls are come;" which voice after they had sacked the city, and besieged the capital, was held fo ominous that Livy relates it as a prodigy. This anticipation of neceffity feems to have been no less ominous to us; these Judges, like ill-boding birds, have called neceffity upon the State, in a time when I dare fay, they thought it themselves in greatest fecurity. But, if it feem fuperftitious to take this as an omen, fure I am we may look on it as a cause of the unfeigned neceffity we now fuffer; for, what regret, and discontent, had this judgment bred among us? And as when the noife, and tumult, in a private houfe, grows fo loud as to be heard into the streets, it calls in the next dwellers, either kindly to appeafe, or to make their own use of domestic strife': so, in all likelihood, our known difcontents at home have been a concurrent caufe to invite our neighbours to vifit us; fo much to the expence and trouble of both these kingdoms.

66

And here, my Lords, I cannot but take notice of the most fad effect of this oppreffion, the ill influence it has had upon the ancient reputation, and valor, of the English nation. And no wonder ! for, if it be true, that Oppreffion maketh a wife man mad;" it may well fufpend the courage of the valiant. The fame happened to the Romans, when, for renown in arms, they moft excelled the rest of the world: the story 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, fufpended the Courts of Justice, and (which was the greatest grievances 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 defpair 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; † Ecclef. vii, 7,

Lib. v. c. 32.

P 4

whereof the people were fo glad, that "Hoftibus "belloque gratiam habuerunt." This affembly breaks up in difcontent: nevertheless the war proceeds: Forces are raifed, led by fome of the Decemviri, and with the Sabines they meet in the field. I know your Lordfhips expect the event: my author's words of his countrymen are thefe, †"Ne quid ductu atque aufpicio decemvirorum profpere ufquam gereretur, vinci fe "per fuum atque illorum dedecus patiebantur:" they chole rather to fuffer a prefent diminution of their honor, than by victory to confirm the tyranny of their new malters. At their return from this unfortunate expedition, after fome diftempers and expoftulations of the people, another Senate, that is, a fecond Parliament, is called and there the Decemviri are questioned, deprived of their authority, imprisoned, banished, and fome lose their lives. And foon after this vindication of their liberties, the Romans, by their better fuccefs, made it appear to the world, that liberty and courage dwell always in the fame breaft, and are never to be divorced. No doubt, my Lords, but your juftice fhall have the like effect upon this difpirited people. 'Tis not the reftitution of our ancient laws alone, but the reftauration of our ancient courage, which is expected from your Lordships. I need not fay any thing to move your just indignation, that this man fhould fo cheaply give away that which your noble ancestors with fo much courage, and industry, had so 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 as entire to pofterity, as they received them from their fathers. What they did with labor, you may do with eafe: 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 thefe men: and by your breath they may be restored.

*Liv. Lib. iii. c. 8. "Hoftibus belloque gratiam habendam, "quod folitum quicquam liberæ civitatis fieret,'

Lib. ii. c. 42.

+ Idem

What

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 fhall not trouble you with a repetition of thofe precedents only, my Lords, fomething I fhall take leave to obferve of the person with whole charge I have prefented 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 counfellor, and his experience as a judge, confidered with the mifchief he has done, makes it appear that this progrefs of his thro' the Law, has been like that of a diligent fpy 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 such malignity, that it makes him at once incapable of your Lordships 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 jndgment? To him, my Lords, that has thus played with the power of Parliament, we may well apply what was once faid to the goat browfing 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 hanifhed 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 already upon record; the delinquent and the witness is the fame: having from feveral feats of *OVID, Faft. Lib. 1. v. 557.

judicature

judicature proclaimed himself an enemy to our laws and nation, "Ex ore fuo judicabitur." 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. Juftice CRAWLEY as the courfe of Parlia ment 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.

Mr. SPEAKER, Acknowledge it a great mercy of GOD, and a great it a I am once more fuffered to behold this Honourable Affembly. I mean not to make use of it to fay any thing in my own defence, by juftification, 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 Houfe, 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 expofed 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 stop any where else.

This, Sir, I hope you will be pleased for your own fakes to grant me, who am already fo miserable, that nothing can be added to my calamity but to be made the occafion of creating a precedent to your own disadvantage. Besides 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 expose 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 inconveniences which may enfue. You have many armies on foot; and it is uncertain how long you may have occasion to use them. Soldiers and Commanders, (tho' I know well they of the Parliament's army excel no lefs in modesty, than they do in courage) are generally of a nature ready to pretend to the utmoft 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 taste of the experience hereof; it is now fomewhat more than two years fince you had an army in the North, paid, and directed, by yourselves: and yet, you may be pleased to remember, there was a confiderable number of officers in that army, which joined in a Petition, or Remonftrance, to this Houfe; taking notice of what fome of the Members had faid here, as they fupposed to their disadvantage; and did little lefs than require them of you. 'Tis true, there had been fome tampering with them; but what has happened at one time, may be wifely thought poffible to fall out again at another.

Sir, I prefume but to point you out the danger: if it be not just, 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 exercised the fupreme power, as you now do here,

I dare confidently fay you fhall find none, either ancient or modern, which ever expofed any of their own order to be try'd for his life by the Officers of