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cause_n	call_v	hear_v	lord_n	1,763	5	3.8748	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A67349	The second part of Mr. Waller's poems Containing, his alteration of The maids tragedy, and whatever of his is yet unprinted: together with some other poems, speeches, &c. that were printed severally, and never put into the first collection of his poems.	Waller, Edmund, 1606-1687.; Waller, Edmund, 1606-1687. Maid's tragedy. aut	1690 (1690)	Wing W521A; ESTC R219928	35,197	139

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 involv'd 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 Affize declar'd the dissolution of the Law by this suppos'd 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 to 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 pleas'd 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 Iudgment 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 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 intreat 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 Commous 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 32 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 I 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 Soveraignty 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 County-Men 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 then 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 Anticipiation 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 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 Antient Reputation and Valour of 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 troubles of our State may make up that number The

more carefully to proceed for our Protection against this Pulpit-Law by declaring and reinforcing Municipal Laws of this Kingdom It is worthy the Observation how new this Opinion or rather this way of Rising is even amongst themselves For Mr. Speaker Mr. Hooker who was no Refractory man as they term it thinks that the first Government was Arbitrary until it was found that to live by one mans Will becomes all mens Misery these are his Words and that these were the Original of inventing Laws And Mr. Speaker if we look farther 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 into a thousand Difficulties For suppose this form of Government were inconvenient Mr. Speaker this is but a Supposition for this five hundred years it hath not only maintained us in safety but made us Victorious over other Nations But suppose this form of Government were inconvenient and they have another Idea of one more convenient we all know how dangerous Innovations are though to the better and what hazards those Princes run that enterprize the change of a long Established Government Now Mr. Speaker 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 King so diverted can never do any great matters abroad But Mr. Speaker whilst these men have thus bent their Wits against the Law of their Country have they not neglected their own Profession What Tares are grown up in the Field which they should have Tilled I leave it to a second consideration not but Religion be the first thing in our purposes and desires But that which is first in Dignity is not always to preceed 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 added to him a title to the rest of the Creatures before he appointed a Law to observe And let me tell you that 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 goes about shall be the restoring of this Nation in general to the Fundamental and Vital Liberties the Prosperity of our Goods and Freedom of our Persons and then we will forthwith consider of the supply desired And thus shall we discharge the Trust reposed in us by those that sent us hither And His Majesty shall see that we will 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 no interruption to the former Mr. Waller's Speech in Parliament at a Conference of both Houses in the Painted Chamber July 6. 1641. MY LORDS I Am 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 Here 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 render me less fit for this Imployment 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 Posessions are obnoxious 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 Coyf 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 jointly 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 redress'd Sure he is more Wise and Learned than to believe himself in this Opinion or not to know how ridiculous it would appear to a Parliament and how dangerous to himself and therefore no doubt but 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 now 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