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 fo piteous, and fo good a King be expofed to this trouble, and hazard? Befides that, Kings fo 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 fecond confideration. Not but that religion ought to be the first thing in our purposes, and defires: 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 fubfift. GOD firft affign'd unto Adam maintenance of life, and gave him a title to the reft of the creatures, before He appointed a law to observe. And let me tell you, if our adverfaries have any fuch defign, as there is nothing more easy than to impofe religion on a people deprived of their liberties; fo, there is nothing more hard than to do the fame upon free men.

And therefore, Mr. Speaker, I conclude with this motion, that there may be an Order presently made, that the first thing this Houfe will confider of, shall be the reftoring this nation in general to the fundamental, and vital liberties, the propriety of our goods, and freedom of our perfons: 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 Majefty will see, that we make more than ordinary haste to fatisfy his demands: and we fhall let all those know that seek to haften the matter of Supply, that they will fo far delay it, as they give interruption to the former.

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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.

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MY LORDS,

AM commanded, by the House of Commons, to present you with thefe Articles against Mr. Juftice CR AWLEY: which when your Lordships fhall have been pleased to hear read, I fhall take leave (according to custom) to fay fomething of what I have collected from the fenfe 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 Juftices of His Majefty's Court of CommonPleas, impeaching him as followeth.

I. That he, about the month of November Anno Domini 1635, then being one of the Juftices of the CommonPleas, and having taken an oath for the due administration of justice to His Majefty'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 cafe of piracy or depredations, the feas) there the charge hath been, and may be upon lawfully impos'd upon them, according to the precedents of former times: fo, where the safety and good of the kingdom in general is concern'd, and the whole kingdom

in danger, (of which His Majefty 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 Juftices of the faid Court of Common-Pleas, fubfcribed an extrajudicial opinion, in answer to Questions in a Letter from His Majegy, in hæc verba :

CHARLES REX.

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 feal of England, command all the fubjects of this kingdom, at their charge, to provide and furnish fuch number of fhips, with men, victuals, and munition, and for fuch time as he fhall think fit, for the defense and fafeguard of the kingdom from fuch peril and danger; and by law compel the doing thereof in cafe of refusal or refractorinefs? And, whether in fuch case is not the King the fole judge, both of the danger, and when, and how, the fame is to be prevented, and avoided?

May it please your most excellent Majefty!

C. R.

We have according to Your Majesty's command seve rally every man by himself, and all of us together, taken into ferious confideration the cafe and queftion fign'd by Your Majefty, and inclofed in Your royal Letter. And we are of opinion, That when the good and fafety of the kingdom in general is concerned, and the whole kingdom in danger, Your Majefty may by Writ, under the great feal of England, command all the fubjects of this Your kingdom, at their charge, to provide and furnish fuch number of ships, with men, victuals, and munition; and for such time as Your Majefty fhall think fit, for the defense and safeguard of the kingdom from fuch danger N

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and peril: And that by law Your Majefty may compel the doing thereof, in case of refusal, or refractoriness. And we also are of opinion, That in fuch cafe Your Majefty is the fole judge both of the danger, and when, and how, the fame is to be prevented and avoided.

III. That he, being then one of the Juftices of the faid Court of Common Pleas, delivered an opinion in the Exchequer-Chamber against John Hamden Efquire in the cafe of Ship-money, That he the faid John Hamden upon the matter and fubftance of the cafe, was chargeable with the money then in queftion: a copy of which proceedings aud judgment the Commons of this prefent Parliament have already deliver'd to your Lordships.

IV. That he, being then one of the Justices of the faid Court of Common Pleas, declared and published in the Exchequer-Chamber, and the Western Circuit where he went Judge, That the King's right to Ship-money was fo inherent a Right in the Crown, as an Act of Parliament could not take it away: and with divers malicious fpeeches inveighed againft, threaten'd, and discountenanced fuch as refused to pay Ship-money. All which opinions, and judgments, contained in the firft, fecond, and third Articles, are deftructive to the fundamental laws of this Realm, the fubjects' Right of property, and contrary to former Refolutions in Parliament, and to the Petition of Right: which faid Refolutions and Petition of Right were well known to him.

And the faid Commons, by proteftation faving to themselves only the liberties of exhibiting at any time hereafter, any other accufation or impeachment against

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the faid Sir Francis Crawley, and also of replying to the answer that he the faid Sir Francis Crawley fhall make unto the faid Articles, or any of them, or of offering proof of the premises, or of any other of their impeachments or accufations that shall be exhibited by them, as the cafe fhall (according to the course of Parliaments) require, do pray, That the faid Sir Francis Crawley, one of the Justices of the Common-Pleas, may be put to answer to all and every the premises: and that such proceedings, examinations, tryals, and judgments, may be upon every one of them had and used, as is agreeable to law and justice.

Then Mr. WALLER proceeded thus.

MY LORDS!

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OT only my wants, but my affections, render me lefs 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 honors that profeffion more, or has a greater reverence towards the grave Judges, the oracles thereof. Out of Parliament, all our Courts of Juftice are governed, or directed, by them; and when a Parliament is call'd, if your Lordships were not affifted by them, and the House of Commons by other Gentlemen of that robe, experience tells us, it might run a hazard of being styled Parliamentum indo&torum. But, as all profeffions are obnoxious to the malice of the profeffors, and by them most easily betray'd; fo, my Lords, these Articles have told you, how these brothers of the coif are became fratres in malo; how these fons of the Law have torn out the bowels of their mother. But this Judge, whose charge you last heard, in one expreffion of his excels no lefs his fellows than they have done the worst of their predeceffors in this confpiracy against the Common-wealth. Of the judgment for ShipMoney, and thofe extrajudicial opinions preceding the : fame,

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