Mr.
WALLER's
Speech
to
the
House
of
Commons
,
April
22.
1640.
Mr.
Speaker
,
I
Will
use
no
Preface
,
as
they
do
who
prepare
Men
for
some
thing
in
which
they
have
a
particular
Interest
:
I
will
only
propose
what
I
conceive
fit
for
the
House
to
consider
:
and
shall
be
no
more
concerned
in
the
Event
,
than
they
that
shall
hear
me
.
Two
things
I
observe
in
his
Majesties
Demands
.
First
,
The
Supply
.
Secondly
,
Our
speedy
dispatch
thereof
.
Touching
the
First
:
His
Majesties
Occasions
for
Money
are
but
too
evident
.
For
,
to
say
nothing
,
how
we
are
neglected
abroad
,
and
distracted
at
home
;
the
Calling
of
this
Parliament
,
and
our
Sitting
here
(
an
Effect
which
no
light
Cause
could
in
these
times
have
produced
)
is
enough
to
make
any
reasonable
Man
believe
,
That
the
Exchequ�r
abounds
not
so
much
in
Money
,
as
the
State
does
in
Occasions
to
use
it
.
And
I
hope
we
shall
all
appear
willing
to
disprove
those
who
have
thought
to
disswade
his
Majesty
from
this
way
of
Parliaments
,
as
uncertain
;
and
to
let
Him
see
,
it
is
as
ready
,
and
more
safe
for
the
Advancement
of
His
Affairs
,
than
any
New
,
or
pretended
Old
,
way
whatsoever
.
For
the
speedy
Dispatch
required
,
which
was
the
Second
thing
,
not
only
his
Majesty
,
but
Res
Ipsa
loquitur
;
the
occasion
seems
to
importune
no
less
:
Necessity
is
come
upon
us
like
an
Armed
Man.
Yet
the
use
of
Parliaments
heretofore
(
as
appears
by
the
Writs
that
call
us
hither
)
was
to
advise
with
His
Majesty
of
things
concerning
the
Church
and
Commonwealth
.
And
it
hath
ever
been
the
Custom
of
Parliaments
,
by
good
and
wholsom
Laws
to
refresh
the
Commonwealth
in
general
;
yea
and
to
descend
into
the
Remedies
of
particular
Grievances
;
before
any
mention
made
of
a
Supply
.
Look
back
upon
the
best
Parliaments
,
and
still
you
shall
find
,
That
the
last
Acts
are
for
the
free
Gifts
of
Subsidies
on
the
Peoples
part
,
and
General
Pardons
on
the
Kings
part
.
Even
the
wisest
Kings
have
first
acquainted
their
Parliaments
with
their
Designs
,
and
the
Reasons
thereof
;
and
then
demanded
the
Assistance
,
both
of
their
Council
and
Purses
.
But
Physicians
,
though
they
be
called
of
the
latest
,
must
not
stomach
it
,
or
talk
what
might
have
been
,
but
apply
themselves
roundly
to
the
Cure.
Let
us
not
stand
too
nicely
upon
Circumstances
,
nor
too
rigidly
postpone
the
matter
of
Supply
,
to
the
healing
of
our
lighter
Wounds
.
Let
us
do
,
what
possibly
may
be
done
with
reason
and
Honesty
on
our
parts
,
to
comply
with
His
Majesties
Desires
,
and
to
prevent
the
imminent
Ills
which
threaten
us
.
But
consider
(
Mr.
Speaker
)
that
they
who
think
themselves
already
undone
,
can
never
apprehend
themselves
in
Danger
:
and
they
that
have
nothing
left
,
can
never
give
freely
.
Nor
shall
we
ever
discharge
the
Trust
of
those
that
sent
us
hither
,
or
make
them
believe
that
they
contribute
to
their
own
Defence
and
Safety
;
unless
his
Majesty
be
pleased
,
first
to
restore
them
to
the
Propriety
of
their
Goods
and
Lawful
Liberties
,
whereof
they
esteem
themselves
now
out
of
Possession
.
One
need
not
tell
you
,
That
the
Propriety
of
Goods
is
the
Mother
of
Courage
,
and
the
Nurse
of
Industry
,
makes
us
valiant
in
War
,
and
Good-husbands
in
Peace
.
The
Experience
I
have
of
former
Parliaments
,
and
my
present
Observation
of
the
care
the
Country
has
had
to
choose
Persons
of
Worth
and
Courage
,
makes
me
think
this
House
like
the
Spartans
,
whose
forward
Valour
required
some
softer
Musick
to
allay
and
quiet
their
Spirits
,
too
much
moved
with
the
found
of
Martial
Instruments
.
'T
is
not
the
fear
of
Imprisonment
,
or
,
if
need
be
,
of
Death
it self
,
that
can
keep
a
true-hearted
English
Man
from
the
care
to
leave
this
part
of
his
Inheritance
as
entire
to
Posterity
,
as
he
received
it
from
his
Ancestors
.
This
therefore
let
us
first
do
,
and
the
more
speedily
,
that
we
may
come
to
the
matter
of
Supply
;
let
us
give
new
Force
to
the
many
Laws
,
which
have
been
heretofore
made
for
the
maintaining
of
our
Rights
and
Priviledges
,
and
endeavour
to
restore
this
Nation
to
the
Fundamental
and
Vital
Liberties
,
the
Propriety
of
our
Goods
,
and
the
Freedom
of
our
Persons
:
No
way
doubting
,
but
we
shall
find
His
Majesty
as
gracious
and
ready
,
as
any
of
his
Royal
Progenitors
have
been
,
to
grant
our
just
Desires
therein
.
For
not
only
the
People
do
think
,
but
the
Wisest
do
know
,
That
what
we
have
suffered
in
this
long
Vacancy
of
Parliaments
,
we
have
suffered
from
his
Ministers
.
That
the
Person
of
no
King
was
ever
better
beloved
of
his
People
;
and
that
no
People
were
ever
more
unsatisfied
with
the
Ways
of
levying
Moneys
,
are
Two
Truths
which
may
serve
one
to
demonstrate
the
other
:
For
such
is
their
Aversion
to
the
present
Courses
,
That
neither
the
admiration
they
have
of
his
Majesties
native
Inclination
to
Justice
and
Clemency
,
nor
the
pretended
Consent
of
the
Judges
,
could
make
them
willingly
submit
themselves
to
this
late
Tax
of
Ship-Money
.
And
such
is
their
natural
Love
and
just
Esteem
of
his
Majesty's
Goodness
,
That
no
late
Pressure
could
provoke
them
,
nor
any
Example
invite
them
to
Disloyalty
or
Disobedience
.
But
what
is
it
then
,
that
hath
bred
this
misunderstanding
betwixt
the
King
and
his
People
?
How
is
it
,
that
having
so
good
a
King
,
we
have
so
much
to
complain
of
?
Why
,
we
are
told
of
the
Son
of
Solomon
,
that
he
was
a
Prince
of
a
tender
Heart
;
and
yet
we
see
,
by
the
Advice
of
violent
Counsellers
how
rough
an
Answer
he
gave
to
his
People
.
That
his
Finger
should
be
as
heavy
as
his
Fathers
Loins
,
was
not
his
own
,
but
the
Voice
of
some
Persons
about
him
,
that
wanted
the
Gravity
and
Moderation
requisite
for
the
Counsellors
of
a
young
King.
I
love
not
to
press
Allegories
too
far
:
but
the
Resemblance
of
Job's
Story
with
ours
holds
so
well
,
that
I
cannot
but
observe
it
to
you
.
It
pleased
God
to
give
his
Enemy
leave
to
afflict
him
more
than
once
or
twice
,
and
to
take
all
he
had
from
him
;
and
yet
he
was
not
provoked
to
rebell
,
so
much
as
with
his
Tongue
:
though
he
had
no
very
good
Example
of
one
that
lay
very
near
him
,
and
felt
not
half
that
which
he
suffered
.
I
hope
his
Majesty
will
imitate
God
in
the
benigner
part
too
;
and
as
he
was
severe
to
Job
only
while
he
discoursed
with
another
concerning
him
;
but
when
he
vouchsafed
to
speak
himself
to
him
,
began
to
rebuke
those
,
who
had
mistaken
and
mis-judged
his
Case
,
and
to
restore
the
patient
Man
to
his
former
Prosperity
:
So
now
,
that
his
Majesty
hath
admitted
us
to
His
Presence
,
and
spoken
Face
to
Face
with
us
;
I
doubt
not
,
but
we
shall
see
fairer
Days
,
and
be
as
Rich
in
the
Possession
of
our
own
as
ever
we
were
.
I
wonder
at
those
that
seem
to
doubt
the
Success
of
this
Parliament
,
or
that
the
Misunderstanding
between
the
King
and
his
People
should
last
any
longer
,
now
they
are
so
happily
met
.
His
Majesties
Wants
are
not
so
great
,
but
that
we
may
find
means
to
supply
him
:
Nor
our
Desires
so
unreasonable
,
or
so
incompatible
with
Government
,
but
that
His
Majesty
may
well
satisfie
them
.
For
our
late
Experience
,
I
hope
,
will
teach
us
what
Rocks
to
shun
;
and
how
necessary
the
use
of
Moderation
is
.
And
for
His
Majesty
,
he
has
had
Experiencé
enough
,
how
that
prospers
,
which
is
gotten
without
the
concurrent
Good
Will
of
his
People
:
Never
more
Money
taken
from
the
Subject
;
never
more
want
in
the
Exchequer
.
If
we
look
upon
what
has
been
paid
;
it
is
more
then
ever
the
People
of
England
were
wont
to
pay
in
such
a
time
:
if
we
look
upon
what
has
been
effected
therewith
�
it
shews
,
as
if
never
King
had
been
worse
supplyed
.
So
that
we
seem
to
have
endeavoured
the
filling
of
a
Sieve
with
Water
.
Whosoever
gave
Advice
for
these
courses
,
has
made
good
the
saying
of
the
Wise
Man
,
Qui
conturbat
Domum
suam
,
possidebit
ventum
.
By
new
ways
they
think
to
accomplish
Wonders
;
but
in
truth
they
grasp
the
Wind
,
and
are
at
the
same
time
cruel
to
us
,
and
to
the
King
too
.
For
if
the
Commonwealth
flourish
,
then
he
that
hath
the
Sovereignty
can
never
want
nor
do
amiss
:
so
as
he
govern
not
according
to
the
Interest
of
others
;
but
go
the
shortest
and
the
safest
Ways
to
his
own
and
the
Common
Good.
The
Kings
of
this
Nation
have
always
governed
by
Parliament
:
And
if
we
look
upon
the
Success
of
things
since
Parliaments
were
laid
by
,
it
resembles
that
of
the
Grecians
,
Ex
illo
ftuere
&
retrò
sublapsa
referri
Rês
Danaum
�
especially
on
the
Subjects
part
.
For
though
the
King
hath
gotten
little
;
they
have
lost
all
.
But
His
Majesty
shall
hear
the
Truth
from
us
;
and
we
shall
make
appear
the
Errors
of
those
Divines
,
who
would
perswade
us
,
that
a
Monarch
must
be
Absolute
,
and
that
he
may
do
all
things
ad
libitum
;
receding
not
only
from
their
Text
(
though
that
be
a
wandring
too
)
but
from
the
way
their
own
Profession
might
teach
them
,
State
super
Vias
antiquas
,
and
Remove
not
the
ancient
Bounds
and
Land-marks
which
our
Fathers
have
set
.
If
to
be
Absolute
,
were
to
be
restrained
by
no
Laws
;
then
can
no
King
in
Christendom
be
so
;
for
they
all
stand
obliged
to
the
Laws
Christian.
And
we
ask
no
more
;
for
to
this
Pillar
are
our
Priviledges
fixt
,
our
Kings
at
their
Coronation
taking
a
sacred
Oath
not
to
infringe
them
.
I
am
sorry
these
Men
take
no
more
care
to
gain
our
Belief
of
those
things
,
which
they
tell
us
for
our
Souls
Health
;
while
we
know
them
so
manifestly
in
the
wrong
,
in
that
which
concerns
the
Liberties
and
Priviledges
of
the
Subjects
of
England
:
But
they
gain
Preferment
;
and
then
't
is
no
matter
,
though
they
neither
believe
themselves
,
nor
are
believed
by
others
.
But
since
they
are
so
ready
to
let
loose
the
Consciences
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
observing
,
how
new
this
Opinion
is
,
or
rather
this
way
of
rising
,
even
among
themselves
.
For
Mr.
Hooker
,
who
sure
was
no
refractory
Man
,
(
as
they
term
it
)
thinks
,
That
the
first
Government
was
Arbitrary
,
till
it
was
found
,
that
to
live
by
one
Mans
Will
,
became
the
Cause
of
all
Mens
Misery
:
(
these
are
his
Words
)
concluding
,
That
this
was
the
Original
of
inventing
Laws
.
And
if
we
look
further
back
,
our
Histories
will
tell
us
,
that
the
Prelates
of
this
Kingdom
have
often
been
the
Mediators
between
the
King
and
His
Subjects
,
to
present
and
pray
redress
of
their
Grievances
:
and
had
reciprocally
then
as
much
Love
and
Reverence
from
the
People
.
But
these
Preachers
,
more
active
than
their
Predecessors
,
and
wiser
than
the
Laws
,
have
found
out
a
better
Form
of
Government
.
The
King
must
be
a
more
Absolute
Monarch
,
than
any
of
his
Predecessors
;
and
to
them
he
must
owe
it
:
though
in
the
mean
time
,
they
hazard
the
Hearts
of
his
People
;
and
involve
him
in
a
Thousand
Difficulties
.
For
,
suppose
,
this
Form
of
Government
were
inconvenient
;
and
yet
this
is
but
a
Supposition
,
for
these
Five
hundred
Years
it
hath
not
only
maintained
us
in
safety
,
but
made
us
Victorious
over
other
Nations
;
but
,
I
say
,
suppose
they
have
another
Idea
of
one
more
convenient
:
we
all
know
how
dangerous
Innovations
are
,
though
to
the
better
,
and
what
hazard
those
Princes
must
run
,
that
enterprize
the
change
of
a
long
establisht
Government
.
Now
of
all
our
Kings
that
have
gone
before
,
and
of
all
that
are
to
succeed
in
this
happy
Race
;
Why
should
so
Pious
and
so
Good
a
King
be
exposed
to
this
Trouble
and
Hazard
?
Besides
,
that
Kings
so
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
second
Consideration
:
not
but
that
Religion
ought
to
be
the
first
thing
in
our
Purposes
and
Desires
:
but
that
which
is
first
in
Dignity
,
is
not
always
to
precede
in
order
of
time
.
For
Well-Being
supposes
a
Being
;
and
the
first
Impediment
,
which
Men
naturally
endeavour
to
remove
,
is
the
want
of
those
things
,
without
which
they
cannot
subsist
.
God
first
assigned
unto
Adam
Maintenance
of
Life
,
and
gave
him
a
Title
to
the
rest
of
the
Creatures
,
before
he
appointed
a
Law
to
observe
.
And
let
me
tell
you
,
if
our
Adversaries
have
any
such
design
,
as
there
is
nothing
more
easie
,
than
to
impose
Religion
on
a
People
deprived
of
their
Liberties
;
so
there
is
nothing
more
hard
than
to
do
the
same
upon
Freemen
.
And
therefore
(
Mr.
Speaker
)
I
conclude
with
this
Motion
,
that
there
may
be
an
Order
presently
made
,
that
the
first
thing
this
House
will
consider
of
,
shall
be
the
restoring
this
Nation
in
general
to
the
Fundamental
and
Vital
Liberties
;
the
Propriety
of
our
Goods
,
and
Freedom
of
our
Persons
:
and
that
then
we
will
forthwith
consider
of
the
Supply
desired
.
And
thus
we
shall
discharge
the
Trust
reposed
in
us
,
by
those
that
sent
us
hither
.
His
Majesty
will
see
,
that
we
make
more
than
ordinary
haste
to
satisfie
his
Demands
:
and
we
shall
let
all
those
know
,
that
seek
to
hasten
the
matter
of
Supply
,
that
they
will
so
far
delay
it
,
as
they
give
Interruption
to
the
former
.
Mr.
WALLER's
Speech
July
6.
1641.
MY
LORDS
,
IAm
commanded
by
the
House
of
Commons
,
to
present
you
with
these
Articles
against
Mr.
Justice
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
.
Then
the
Charge
was
read
,
containing
his
extrajudicial
Opinions
subscribed
,
and
judgment
given
for
Ship-money
;
and
afterward
,
a
Declaration
in
his
charge
at
an
Assize
,
That
Ship-money
was
so
Inherent
a
Right
in
the
Crown
,
that
it
would
not
be
in
the
power
of
a
Parliament
to
take
it
away
.
My
Lords
,
NOT
only
my
Wants
,
but
my
Affections
ronder
me
less
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
Profession
more
,
or
has
a
greater
Reverence
towards
the
Grave
Judges
,
the
Oracles
thereof
.
Out
of
Parliament
,
all
our
Courts
of
Justice
are
governed
or
directed
by
them
:
and
when
a
Parliament
is
call'd
;
if
your
Lordships
were
not
assisted
by
them
,
and
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
Professions
are
obnoxions
to
the
malice
of
the
Professors
,
and
by
them
most
easily
betrayed
;
so
(
my
Lords
)
these
Articles
have
told
you
,
how
these
Brothers
of
the
Coif
are
become
fratres
in
malo
;
how
these
Sons
of
the
Law
have
torn
out
the
Bowels
of
their
Mother
.
But
this
Judge
(
whose
charge
you
last
heard
)
in
one
expression
of
his
,
excels
no
less
his
Fellows
than
they
have
done
the
worst
of
their
Predecessors
,
in
this
Conspiracy
against
the
Commonwealth
.
Of
the
Judgment
for
Ship-money
,
and
those
extrajudicial
Opinions
preceding
the
same
(
wherein
they
are
joyntly
concern'd
)
you
have
already
heard
:
how
unjust
and
pernicious
a
proceeding
that
was
in
so
publick
a
Cause
,
has
been
sufficiently
express'd
to
your
Lordships
.
But
this
man
,
adding
despair
to
our
misery
,
tells
us
from
the
Bench
,
that
Ship-money
was
a
Right
so
Inherent
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
Commonwealth
,
as
any
of
the
rest
;
but
dipt
his
Dart
in
such
a
Poyson
,
that
,
so
far
as
in
him
lay
,
it
might
never
receive
a
Cure.
As
by
those
abortive
Opinions
,
subscribing
to
the
Subversion
of
our
Propriety
,
before
he
heard
what
could
be
said
for
it
,
he
prevented
his
Own
;
So
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
Mischief
might
be
redrest
.
Sure
he
is
more
wise
and
learned
,
than
to
believe
himself
in
this
Opinion
;
or
not
to
know
how
Ridiculous
it
will
appear
to
a
Parliament
,
and
how
Dangerous
to
himself
:
And
therefore
,
no
doubt
,
by
saying
,
no
Parliament
could
abolish
this
Judgment
;
his
meaning
was
,
That
this
Judgment
had
abolish'd
Parliaments
.
This
Imposition
of
Ship-money
,
springing
from
a
pretended
Necessity
;
was
it
not
enough
,
that
it
was
grown
Annual
,
but
he
must
entail
it
upon
the
State
for
ever
;
at
once
making
Necessity
inherent
to
the
Crown
,
and
Slavery
to
the
Subject
?
Necessity
,
which
dissolving
all
Law
,
is
so
much
more
prejudicial
to
His
Majesty
than
to
any
of
us
,
by
how
much
the
Law
has
invested
his
Royal
State
with
a
greater
Power
,
and
ampler
Fortune
.
For
so
undoubted
a
Truth
,
it
has
ever
been
,
that
Kings
,
as
well
as
Subjects
,
are
involved
in
the
Confusion
,
which
necessity
produces
;
that
the
Heathen
thought
their
Gods
also
obliged
by
the
same
;
Pareamus
necessitati
,
quam
nec
Homines
nec
Dii
superant
.
This
Judge
then
,
having
in
his
Charge
at
the
Assize
declared
the
dissolution
of
the
Law
,
by
this
supposed
necessity
;
with
what
Conscience
could
he
at
the
same
Assize
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
should
have
Power
to
kill
,
but
none
to
Protect
us
?
A
thing
no
less
horrid
,
than
if
the
Sun
should
burn
without
lighting
us
;
or
the
Earth
serve
only
to
bury
,
and
not
feed
and
nourish
us
.
But
(
my
Lords
)
to
demonstrate
,
that
this
was
a
supposititious
impos'd
Necessity
,
and
such
as
they
could
remove
when
they
pleased
;
at
the
last
Convention
in
Parliament
,
a
Price
was
set
upon
it
;
for
Twelve
Subsidies
you
shall
reverse
this
Sentence
.
It
may
be
said
,
that
so
much
Money
would
have
removed
the
present
Necessity
:
but
here
was
a
Rate
set
upon
future
necessity
;
for
Twelve
Subsidies
you
shall
never
suffer
necessity
again
,
you
shall
for
ever
abolish
that
Judgment
.
Here
this
Mystery
is
revealed
,
this
Vizor
of
Necessity
is
pull'd
off
:
And
now
it
appears
,
That
this
Parliament
of
Judges
had
very
frankly
and
bountifully
presented
His
Majesty
with
Twelve
Subsidies
,
to
be
levied
on
Your
Lordships
and
the
Commons
.
Certainly
there
is
no
Priviledge
which
more
properly
belongs
to
a
Parliament
,
than
to
open
the
Purse
of
the
Subject
:
and
yet
these
Judges
,
who
are
neither
capable
of
sitting
among
us
in
the
House
of
Commons
,
nor
with
your
Lordships
,
otherwise
than
as
your
Assistants
,
have
not
only
assum'd
to
themselves
this
Priviledge
of
Parliament
,
but
presum'd
at
once
to
make
a
present
to
the
Crown
,
of
all
that
either
your
Lordships
,
or
the
Commons
of
England
do
,
or
shall
hereafter
possess
.
And
because
this
Man
has
had
the
boldness
to
put
the
Power
of
Parliament
in
ballance
with
the
opinion
of
the
Judges
;
I
shall
entreat
your
Lordships
to
observe
by
way
of
comparison
,
the
solemn
and
safe
proceeding
of
the
one
,
with
the
precipitate
dispatch
of
the
other
.
In
Parliament
(
as
your
Lordships
know
well
)
no
new
Law
can
pass
,
or
old
be
abrogated
,
till
it
has
been
thrice
read
with
your
Lordships
,
thrice
in
the
Commons
House
,
and
then
it
receives
the
Royal
Assent
;
so
that
't
is
like
Gold
seven
times
purified
:
Whereas
these
Judges
by
this
one
Resolution
of
theirs
,
would
perswade
his
Majesty
,
that
by
naming
Necessity
,
he
might
at
once
dissolve
(
at
least
suspend
)
the
great
Charter
two
and
thirty
times
confirm'd
by
his
Royal
Progenitors
,
the
Petition
of
Right
,
and
all
other
Laws
provided
for
the
maintenance
of
the
Right
and
Propriety
of
the
Subject
.
A
strange
force
(
my
Lords
)
in
the
sound
of
this
word
Necessity
,
that
like
a
Charm
it
should
silence
the
Laws
,
while
we
are
dispoyl'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
so
much
as
concerns
these
Judges
,
we
have
no
more
left
than
they
perhaps
may
deserve
to
have
,
when
your
Lordships
shall
have
passed
Judgment
upon
them
:
This
for
the
neglect
of
their
Oaths
,
and
betraying
that
publick
Trust
,
which
for
the
conservation
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
seeth
a
Kid
in
his
Mothers
Milk
;
of
which
the
received
interpretation
is
,
that
we
should
not
use
that
to
the
destruction
of
any
Creature
,
which
was
intended
for
its
preservation
:
Now
(
my
Lords
)
God
and
Nature
has
given
us
the
Sea
as
our
best
Guard
against
our
Enemies
,
and
our
Ships
as
our
greatest
Glory
above
other
Nations
;
and
how
barbarously
would
these
Men
have
let
in
the
Sea
upon
us
,
at
once
to
wash
away
our
Liberties
,
and
to
overwhelm
,
if
not
our
Land
,
all
the
Propriety
we
have
therein
;
making
the
Supply
of
our
Navy
,
a
pretence
for
the
ruine
of
our
Nation
?
For
observe
,
beseech
you
,
the
fruit
and
consequence
of
this
Judgment
,
how
this
Money
has
prospered
,
how
contrary
an
effect
it
has
had
to
the
end
,
for
which
they
pretended
to
take
it
:
On
every
County
a
Ship
is
annually
impos'd
;
and
who
would
not
expect
,
but
our
Seas
by
this
time
should
be
covered
with
the
number
of
our
Ships
?
Alas
(
my
Lords
)
the
daily
Complaints
of
the
decay
of
our
Navy
tell
us
how
ill
Ship-Money
has
maintained
the
Sovereignty
of
the
Sea
;
and
by
the
many
Petitions
which
we
receive
from
the
Wives
of
those
miserable
Captives
at
Algier
,
(
being
between
four
or
five
thousand
of
our
Countrymen
)
it
does
too
evidently
appear
that
to
make
us
Slaves
at
home
,
is
not
the
way
to
keep
us
from
being
made
Slaves
abroad
:
so
far
has
this
Judgment
been
from
relieving
the
present
,
or
preventing
the
future
necessity
;
that
as
it
changed
our
Real
Propriety
into
the
shadow
of
a
Propriety
,
so
of
a
feigned
it
has
made
a
real
necessity
.
A
little
before
the
approach
of
the
Gaules
to
Rome
,
while
the
Romans
had
yet
no
apprehension
of
that
danger
,
there
was
heard
a
voice
in
the
Air
,
lowder
than
ordinary
,
The
Gaules
are
come
;
which
voice
after
they
had
sack'd
the
City
,
and
besieged
the
Capitol
,
was
held
so
ominous
,
that
Livie
relates
it
as
a
Prodigy
.
This
Anticipation
of
necessity
seems
to
have
been
no
less
ominous
to
us
:
These
Judges
,
like
ill
boding
Birds
,
have
call'd
necessity
upon
the
State
,
in
a
time
when
I
dare
say
they
thought
themselves
in
greatest
security
.
But
if
it
seem
Superstitious
to
take
this
as
an
Omen
;
sure
I
am
,
we
may
look
on
it
as
a
cause
of
the
unfeigned
necessity
we
now
suffer
;
for
what
regret
and
discontent
had
this
Judgment
bred
among
us
?
And
as
when
the
Noise
and
Tumult
in
a
private
House
grows
so
loud
as
to
be
heard
into
the
Streets
,
it
calls
in
the
next
Dwellers
either
kindly
to
appease
,
or
to
make
their
own
use
of
the
domestick
strife
;
so
in
all
likelihood
our
known
discontents
at
home
have
been
a
concurrent
cause
to
invite
our
Neighbours
to
visit
us
,
so
much
to
the
expence
and
trouble
of
both
these
Kingdoms
.
And
here
,
My
Lords
,
I
cannot
but
take
notice
of
the
most
sad
effect
of
this
oppression
,
the
ill
influence
it
has
had
upon
the
Ancient
Reputation
and
Valour
of
the
English
Nation
:
And
no
wonder
,
for
if
it
be
true
that
Oppression
makes
a
wise
Man
mad
;
it
may
well
suspend
the
Courage
of
the
Valiant
.
The
same
happened
to
the
Romans
,
when
for
renown
in
Arms
they
most
excell'd
the
rest
of
the
World
;
the
story
is
but
short
,
't
was
in
the
time
of
the
Decemviri
(
and
I
think
the
chief
troublers
of
our
State
may
make
up
that
number
.
)
The
Decemviri
,
My
Lords
,
had
subverted
the
Laws
,
suspended
the
Courts
of
Justice
,
and
(
which
was
the
greatest
grievance
both
to
the
Nobility
and
People
)
had
for
some
years
omitted
to
assemble
the
Senate
,
which
was
their
Parliament
:
This
,
says
the
Historian
,
did
not
only
deject
the
Romans
,
and
make
them
despair
of
their
Liberty
,
but
caused
them
to
be
less
valued
by
their
Neighbours
:
The
Sabines
take
the
advantage
and
invade
them
;
and
now
the
Decemviri
are
forc'd
to
call
the
long-desired
Senate
;
whereof
the
People
were
so
glad
,
that
Hostibus
belloque
gratiam
habuerunt
:
This
Assembly
breaks
up
in
discontent
:
nevertheless
the
War
proceeds
;
Forces
are
raised
,
led
by
some
of
the
Decemviri
,
and
with
the
Sabines
they
meet
in
the
Field
:
I
know
your
Lordships
expect
the
event
:
My
Authors
words
of
his
Countrymen
are
these
,
Ne
'
quid
ductu
aut
auspicio
Decemvirorum
prospere
gereretur
,
vinci
se
patiebantur
:
They
chose
rather
to
suffer
a
present
diminution
of
their
Honour
,
than
by
victory
to
confirm
the
Tyranny
of
their
new
Masters
:
At
their
return
from
this
unfortunate
expedition
,
after
some
distempers
and
expostulations
of
the
people
,
another
Senate
,
that
is
,
a
second
Parliament
,
is
call'd
;
and
there
the
Decemviri
are
questioned
,
deprived
of
their
Authority
,
imprisoned
,
banish'd
,
and
some
lose
their
Lives
:
and
soon
after
his
vindication
of
their
Liberties
,
the
Romans
by
their
better
success
,
made
it
appear
to
the
World
,
that
Liberty
and
Courage
dwell
always
in
the
same
Breast
,
and
are
never
to
be
divorced
.
No
doubt
,
my
Lords
,
but
your
Justice
shall
have
the
like
effect
upon
this
dispirited
people
;
't
is
not
the
restitution
of
our
ancient
Laws
alone
,
but
the
restauration
of
our
ancient
Courage
,
which
is
expected
from
your
Lordships
.
I
need
not
say
any
thing
to
move
your
just
indignation
,
that
this
Man
should
so
cheaply
give
away
that
which
your
Noble
Ancestors
with
so
much
Courage
and
Industry
had
so
long
maintain'd
:
You
have
often
been
told
how
careful
they
were
,
tho'
with
the
hazard
of
their
Lives
and
Fortunes
,
to
derive
those
Rights
and
Liberties
as
entire
to
Posterity
as
they
received
them
from
their
Fathers
:
what
they
did
with
labour
,
you
may
do
with
ease
;
what
they
did
with
danger
,
you
may
do
securely
:
the
foundation
of
our
Laws
is
not
shaken
with
the
Engine
of
War
;
they
are
only
blasted
with
the
Breath
of
these
Men
,
and
by
your
Breath
they
may
be
restored
.
What
Judgments
your
Predecessors
have
given
,
and
what
Punishments
their
Predecessors
have
suffered
for
Offences
of
this
nature
,
your
Lordships
have
already
been
so
well
informed
,
that
I
shall
not
trouble
you
with
a
repetition
of
those
Precedents
:
Only
(
my
Lords
)
something
I
shall
take
leave
to
observe
of
the
Person
with
whose
Charge
I
have
presented
you
,
that
you
may
the
less
doubt
of
the
wilfulness
of
his
Offence
.
His
Education
in
the
Inns
of
Court
,
his
constant
Practice
as
a
Councellor
,
and
his
Experience
as
a
Judge
(
considered
with
the
mischief
he
has
done
)
makes
it
appear
,
that
this
Progress
of
his
through
the
Law
,
has
been
like
that
of
a
diligent
Spie
through
a
Country
,
into
which
he
meant
to
conduct
an
Enemy
.
To
let
you
see
he
did
not
offend
for
company
;
there
is
one
Crime
so
peculiar
to
himself
,
and
of
such
malignity
,
that
it
makes
him
at
once
uncapable
of
your
Lordships
favour
,
and
his
own
subsistence
incompatible
with
the
right
and
propriety
of
the
Subject
:
for
if
you
leave
him
in
a
capacity
of
interpreting
the
Laws
;
has
he
not
already
declar'd
his
opinion
,
That
your
Votes
and
Resolutions
against
Ship-money
are
void
,
and
that
it
is
not
in
the
power
of
a
Parliament
,
to
abolish
that
Judgment
?
To
him
,
my
Lords
,
that
has
thus
play'd
with
the
power
of
Parliament
,
we
may
well
apply
what
was
once
said
to
the
Goat
browsing
on
the
Vine
.
Rode
,
caper
,
vitem
;
tamen
hinc
cum
stabis
ad
aras
In
tua
quod
fundi
Cornua
possit
,
erit
:
He
has
cropt
and
infring'd
the
Priviledges
of
a
banish'd
Parliament
;
but
now
it
is
returned
,
he
may
find
it
has
power
enough
to
make
a
Sacrifice
of
him
,
to
the
better
establishment
of
our
Laws
:
and
in
truth
what
other
satisfaction
can
he
make
his
injur'd
Country
,
than
to
confirm
by
his
Example
those
Rights
and
Liberties
which
he
had
ruin'd
by
his
Opinion
?
For
the
proofs
,
my
Lords
,
they
are
so
manifest
,
that
they
will
give
you
little
trouble
in
the
disquisition
:
his
Crimes
are
already
upon
Record
,
the
Delinquent
and
the
Witness
is
the
same
;
having
from
several
seats
of
Judicature
proclaim'd
himself
an
Enemy
to
our
Laws
and
Nation
,
Ex
ore
suo
judicabitur
.
To
which
purpose
,
I
am
commanded
by
the
Knights
,
Citizens
,
and
Burgesses
of
the
House
of
Commons
,
to
desire
your
Lordships
that
as
speedy
a
proceeding
may
be
had
against
Mr.
Justice
Crawley
,
as
the
course
of
Parliaments
will
permit
.
FINIS
.