am, that, in respect of my own inabilities, I am the puisne of the whole house: therefore, according to the usual course of students in our profession, I may, as the puisne, speak first in time, because I can speak least in

matter.

In pursuance of which course, I shall rather put the case, than argue it; and therefore I shall humbly desire, first of all, of this honourable house in general, that the goodness of the cause may receive no prejudice, by the weakness of my argument; and next, of my masters here of the same profession, in particular, that they, by their learned judgments, will supply the great defects I shall discover, by declaring of my unlearned opinion.

Before I speak of the question, give me leave, as an entrance thereunto, to speak first of the occasion.

Ye all know that justice is the life and the heart's blood of the commonwealth; and if the commonwealth bleed in that master vein, all the balm in Gilead is but in vain to preserve this our body of policy from ruin and destruction. Justice is both columna et corona reipublica; she is both the column and the pillar, the crown and the glory, of the commonwealth. This is made good in scripture, by the judgment of Solomon, the wisest king that ever reigned on earth. For first, she is the pillar; for he saith, That by justice the throne is established. Secondly, she is the crown; for he saith, That by justice a nation shall be exalted.

Our laws, which are the rules of justice, are the ne plus ultra to both the king and the subject; and, as they are Hercules's pillars, so are they the pillars of Hercules to every prince, which he must not pass.

Give me leave to resemble justice to Nebuchadnezzar's tree; for she is so great, that she doth shade, not only the palace of the king, and the house of nobles, but doth also shelter the cottage of the poorest beggar.

Wherefore, if either now the blasts of indignation, or the unresistable violator of laws, necessity, hath so

bruised any of the branches of this tree, that either our persons, or goods, or possessions, have not the same shelter as before, yet, let us not therefore neglect the root of this great tree; but rather, with all our possible means, endeavours, and unfeigned duties, both apply fresh and fertile mould under it, and also water it even with our own tears; that so these bruised branches may be recovered, and the whole tree again prosper and flourish. For this I have learned from an uncient father of the church, that though preces regum sunt armatæ, yet arma subditorum are but only preces et lachrymæ.

I know well that cor regis inscrutabile, and that kings, although they are but men before God, yet they are gods before men; and therefore, to my gracious and dread sovereign, (whose virtues are true qualities ingenerate, both in his judgment and nature) let my arm be cut off, nay, let my soul not live that day, that I shall dare to lift up my arm to touch that forbidden fruit, those flowers of his princely crown and diadem.

But yet in our Eden, in this garden of the common. wealth, as there are the flowers of the sun, which are so glorious, that they are to be handled only by royal majesty; so are there also some daisies and wholesome herbs, which every common hand, that lives and labours in this garden, may pick and gather up, and take comfort and repast in them. Amongst all which, this oculus diei, this bona libertas, of which I am now to speak, is not one only, but the chief.

SIR ROBERT PHILIPS.

In this apparently unstudied address, we meet, for the first time, with real warmth and eloquence.

I READ of a custom amongst the old Romans, that once every year they had a solemn feast for their slaves, at which they had liberty, without exception, to speak what they would, thereby to ease their afflicted minds; which being finished, they severally returned to their former servitude.

This may, with some resemblance and distinction, well set forth our present state, where now, after the revolution of some time, and grievous sufferance of many violent oppressions, we have, as those slaves had, a day of liberty of speech; but shall not, I trust, be hereafter slaves, for we are free. Yet what new illegal proceedings our states and persons have suffered under, my heart yearns to think, my tongue falters to utter. They have been well represented by divers worthy gentlemen before me; yet one grievance, and the main one, as I conceive, hath not been touched, which is our religion;-religion, Mr. Speaker, made vendible by commission; and men, for pecuniary annual rates, dispensed withal, whereby papists may, without fear of law, practise idolatry.

For the oppressions under which we groan, I draw them under two heads; acts of power against law, and judgments of law against our liberty.

Of the first sort are, strange instructions, violent exactions of money thereupon, imprisonment of the persons of such who (to deliver over to their posterity the VOL. I. 7

liberty they received from their forefathers, and lawfully were in possession of) refused so to lend; and this aggravated by the remediless continuance and length thereof; and chiefly the strange, vast, and unlimited power of our lieutenants and their deputies, in billeting of soldiers, in making rates, in granting warrants for taxes as their discretions shall guide them. And all this against the law.

These last are the most insupportable burdens that at this present afflict our poor country, and the most cruel oppression that ever yet the kingdom of England endured. These upstart deputy lieutenants (of whom perhaps in some cases and times there may be good use, being regulated by law,) are the worst of grievances, and the most forward and zealous executioners of those violent and unlawful courses which have been commended unto them; of whose proceedings, and for the qualifying of whose unruly power, it is more than time. to consult and determine.

Judgments of law against our liberty there have been three, cach latter stepping forwarder than the former upon the right of the subject, aiming in the end to tread and trample under foot our law, and that even in the form of law.

The first was the judgment of the postna i, whereby a nation (which I heartily love for their singular good zeal in our religion, and their free spirits to preserve our liberties far beyond many of us) is made capable of any the like favours, privileges, and immunities, as ourselves enjoy and this especially argued in the exchequer chamber by all the judges of England. The second was, the judgment upon impositions in the exchequer court, by the ba rons, which hath been the source and fountain of many bitter waters of affliction unto our merchants. The third was, that fatal late judgment against the liberty of the subject imprisoned by the king, argued and pronounced but by one judge alone.

I can live, although another who has no right, be put

to live with me; nay, I can live, although I pay ex. cises and impositions more than I do; but to have my liberty, which is the soul of my life, taken from me by power, and to have my body pent up in a goal, without remedy by law, and to be so adjudged! O improvident ancestors! O unwise forefathers! to be so curious in providing for the quiet possession of our laws and the liberties of parliament, and to neglect our persons and bodies, and to let them lie in prison, and that durante bene placito, remediless! If this be law why do we talk of liberties? why do we trouble ourselves with a dispute about law, franchises, property of goods, and the like? what may any man call his own, if not the liberty of his person?

I am weary of treading these ways, and therefore conclude to have a select committee deputed, to frame a petition to his majesty for redress of these things; which being read, examined, and approved by the house, may be delivered to the king, of whose gracious answer we have no cause to doubt, our desires being so reasonable, our intentions so loyal, and the manner so humble : neither need we fear this to be the critical parliament as was insinuated, or this a way to distraction; but assure ourselves of a happy issue: then shall the king, as he calls us his great council, find us his good council, and own us as his good council-which God grant.

SIR EDWARD COKE,"

WHEN poor England stood alone, and had not the access of another kingdom, and yet had more and as potent enemies as now it hath, yet the king of England prevailed.

In the parliament roll in 42 Edw. III. the king and

• See a former article, page 3.