this may justly claim the first place in our care, because the end cannot be obtained without the means and if we do not preserve this, we cannot long hope to enjoy either of the others. Therefore being to speak of those grievances which lie upon the kingdom, he would observe this order.

1. To mention those which were against the privilege of parliaments. 2. Those which were prejudicial to the religion established in the kingdom. 3. Those which did interrupt the justice of the realm in the liberty of our persons and propriety of our estates.

The privileges of Parliament were not given for the ornament or advantage of those who are the members of Parliament.10 They have a real use and efficacy toward that which is the end of parliaments. We are free from suits that we may the more entirely addict ourselves to the public services; we have, therefore, liberty of speech, that our counsels may not be corrupted with fear, or our judgments perverted with self respects. Those three great faculties and functions of Parliament, the legislative, judiciary, and conciliary power, 11 cannot be well exercised without such privileges as these. The wisdom of our laws, the faithfulness of our

counsels, the righteousness of our judgments, can hardly be kept pure and untainted if they proceed from distracted and restrained minds.

It is a good rule of the moral philosopher,Et non lædas mentem gubernatricem omnium actionum. These powers of Parliament are to the body politic as the rational faculties of the soul to a man; that which keeps all the parts of the commonwealth in frame and temper, ought to be most carefully preserved in that freedom, vigor, and activity, which belongs to itself. Our predecessors in this House have ever been most careful in the first place to settle and secure their privileges; and he hoped, that we, having had greater breaches made upon us than heretofore, would be no less. tender of them, and forward in seeking reparation for that which is past, and prevention of the like for the time to come.

Then he propounded divers particular points wherein the privileges of Parliament had been broken. First, in restraining the members of the House from speaking. Secondly, in forbidding the Speaker to put any question.

These two were practiced the last day of the last Parliament (and, as was alleged, by his Majesty's command); and both of them trench

upon the very life and being of parliaments; for if such a restraining power as this should take root, and be admitted, it will be impossible for us to bring any resolution to perfection in such matters as shall displease those about the King.12

Thirdly, by imprisoning divers members of the House, for matters done in Parliament. Fourthly, by indictments, informations, and judgments in ordinary and inferior courts, for speeches and proceedings in parliaments. Fifthly, by the disgraceful order of the King's bench, whereby some members of this House were enjoined to put in security of their good behaviour; and for refusal thereof, were continued in prison divers years, without any particular allegation against them. One of them was freed by death. Others were not dismissed till his Majesty had declared his intention to summon the present Parliament. And this he noted not only as a breach of privilege, but as a violation of the common justice of the kingdom. Sixthly, by the sudden and abrupt dissolution of parliaments, contrary to the law and

custom.

Often hath it been declared in parliaments, that the Parliament should not be dissolved,

till the petitions be answered. This (he said) was a great grievance because it doth prevent the redress of other grievances. It were a hard case that a private man should be put to death without being heard. As this representative body of the Commons receives a being by the summons, so it receives a civil death by the dissolution. Is it not a much more heavy doom by which we lose our being, to have this civil death inflicted on us in displeasure, and not to be allowed time and liberty to answer for ourselves? That we should not only die, but have this mark of infamy laid upon us? to be made intestabiles, disabled to make our wills, to dispose of our business, as this House hath always used to do before adjournments or dissolutions? Yet this hath often been our case! We have not been permitted to pour out our last sighs and groans into the bosom of our dear sovereign. The words of dying men are full of piercing affections; if we might be heard to speak, no doubt we should so fully express our love and faithfulness to our prince, as might take off the false suggestions and aspersions of others; at least we should in our humble supplications recommend some such things to him in the name of his people, as

would make for his own honor, and the public good of his kingdom.

Thus he concluded the first sort of grievances, being such as were against the privilege of Parliament, and passed on to the next, concerning religion; all which he conveyed under these four heads. The first, was the great encouragement given to popery, of which he produced these particular evidences. 1. A suspension of all laws against papists, whereby they enjoy a free and almost public exercise of that religion. Those good statutes which were made for restraint of idolatry and superstition, are now a ground of security to them in the practice of both; being used to no other end but to get money into the King's purse; which as it is clearly against the intentions of the law, so it is full of mischief to the kingdom. By this means a dangerous party is cherished and increased, who are ready to close with any opportunity of disturbing the peace and safety of the State. Yet he did not desire any new laws against popery, or any rigorous courses in the execution of those already in force; he was far from seeking the ruin of their persons or estates; only he wished they might be kept in such a condition as should restrain them from doing hurt. 13