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King had been worse supply'd: so that we seem to have endeavoured the filling of a fieve with water. Whosoever gave advice for these courses, has made good the saying of the wise man, t Qui conturbat domum fuam posidebit 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 fince Parliaments were laid by, it resembles that of the Græcians,
* Ex illo fluere ac retrò fublapfa referri
Res Danaúm * * 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 persuade us, that a Monarch must be absolute, 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 profession might teach them, I State fuper vias antiquas, and, ll remove not the antient bounds, and landmarks, which our fathers have set. If to be absolute were to be restrained by no laws, then can no King in Christendom be fo; for, they all stand obliged to the laws Christian: and we ask no more; for, to this pillar are our privileges fix’d; our Kings at their coronation tak. ing 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 · + Prov. xi. 29. * Virg. Æn. 2. ver. 169. | Jerem, vi. 16. Prov. xxii, 28.
while we know them fo manifefly in the wrong, in that which concerns the liberties, and privileges, of the subjects of England. But, they gain preferment; and then 'tis no matter, tho' they neither believe themselves, nor are believed by others. But, since they are fo 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 man's will, became the “ cause of all men's 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 predecesfors, 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: tho' 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 chis is but a supposition; for, these five hundred years it hath not only maintained us in safe. ty, but made us victorious over other nations) but, I say, fuppose they have another idea of one more convenient,
we : * Ecclefiaftical Polity, Book 1. Sect. 10.
f This constrained them to come unto laws, wherein all men might see their duties beforehand, and know the penalties of transgresing them. ibid.
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-establish'd government. Now, of all our Kings that have gone before, and of all that are to fuccede in this happy race; why should so piteous, 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 shou'd have tilled, I leave it to a second consideration. Not but that religion ought to be the first thing in our purpofes, and desires: but, that which is firft 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 subfift. God first allign'd 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 easy than to impofe religion on a people deprived of their liberties; so, there is nothing more hard than to do the same upon free men.
And therefore, Mr.Speaker, I conclude with this mo. tion, that there may be an Order presently made, that the first thing this House will consider of, shall be the resto. ring 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 confider of the Supply defired. And thus we shall discharge the trust reposed in us, by those that fent us hither: His Majesty will fee, that we make more than ordinary hafte to satisfy his demands : and we shall let all those know that seek to haften the matter of Supply, that they will so far delay it, as they give interruption to the former,
A Speech in Parliament, at a Conference of
both Houses in the painted Chamber, July 6, | 1641, upon delivering the Impeachment
against Mr. Justice CRAWLEY.
MY LORDS, T AM commanded, by the House of Commons, to pre
sent 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.
Articles of the House of Commons, in the name of themselves, and of all the Commons of ENGLAND, against Sir Francis CRAWLEY Knight, one of the Justices of His Majesty's Court of CommonPleas, impeaching him as followeth.
I. That he, about the month of November Anno Domini 1635, then being one of the Justices of the CommanPleas, 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 seas) there the charge hath been, and may be lawfully impos'd upon them, according to the precedents of former times: so, where the safety and good of the kingdom in general is concern'd, 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.]
II. That he, in or about the month of February, Anno Domini 1636, then being one of the Justices of the said Court of Common-Pleas, subscribed an extrajudicial opi. nion, in answer to Questions in a Letter from His Majegy, in hæc verba :
CHARLES R E X.
When the good and safety of this kingdom in general is concerned, and the whole kingdom is in danger, whether may not the Kings, by Writs under the great seal of England, command all the subjects of this kingdom, at their charge, to provide and furnish such number of ships, with men, vi&tuals, and munition, and for such time as he shall think fit, for the defense and safeguard of the kingdom from such peril and danger; and by law compel the doing thereof in case of refusal or refractoriness? And, whether in such case is not the King the fole judge, both of the danger, and when, and how, the same is to be prevented, and avoided ?
C, R. May it please your most excellent Majesty ! We have according to Your Majesty's command severally every man by himself, and all of us together, taken into serious confideration the case and question fign'd by Your Majesty, and inclosed in Your royal Letter. And we are of opinion, That when the good and safety of the kingdom in general is concerned, and the whole i kingdom in danger, Your Majesty may by Writ, under the great seal of England, command all the subjects of this Your kingdom, at their charge, to provide and furnish such number of ships, with men, victuals, and munition ; and for such time as Your Majesty shall think fit, for the defense and safeguard of the kingdom from such danger