I will not profefs that I know my felf, yet all those who know me, know this of me, that my Natural Difpofition is far from inclining to Severity, much lefs to Cruelty; that have no particular Provocation from their Perfons, and have particular Obligations to their Callings, against whom I am to fpeak, fo I hope it will be believ'd, that only the Publick Intereft hath extorted this from me, which I would not fay, if I conceived it not both fo true and neceffary, that no Meat undigested can lie heavier upon the Stomach, than this unfaid would have lain upon my Confcience.

Mr. Speaker, the Constitution of this Common-wealth hath eftablifhed, or rather endeavoured to establish to us the Security of Goods, and the Security of good Laws, which fhould fecure us our Goods, by appointing for us Judges, fo fettled, fo fworn, that there can be no Oppreffion, but they of neceffity must be acceffary; fince if they neither deny nor delay us Justice (which neither for the Great nor little they ought to do) the greateft Person in the Kingdom cannot continue the leaft violence upon the meaneft. But this Security, Mr. Speaker, hath almost been our Ruine: This Bulwark for us hath been turn'd, or rather hath turn'd it felf into a Battery against us; and those Perfons that should have been as Dogs to defend the Flock, have become the Wolves to worry it.

Thefe

Thefe Judges Mr. Speaker, (to inftance not in them only, but their greatest Crime) have delivered an Opinion and a Judgment: The Firft in an Extrajudicial Manner, and both upon Extrajudicial Matter; that is, fuch as came not within their Cognizance: They being Judges of Law, and not of Neceffity, (that is, being Judges, and neither Philofophers, nor Politicians) in which, when it is evident and abfolute, the Law of the Land ceafeth, and that of general Reafon and Equity, by which Particular Laws at firft were framed, returns to her Throne and Government; I mean that which is the Salts Populi, becomes not only the Supreme, but Sola Lex; at which time, and to which end, whofoever would difpenfe with the King to make ufe of our Money, difpenfeth equally with us to make ufe of his and one another's. In this Judgment they Contradicted many and clear Acts and Declarations of Parliament, and thofe in this very Reign; fo that for them they needed to have confulted with no other Records but their own Memories.

Secondly, they have contradicted apparent Evidences, by fuppofing Mighty and Emi nent Dangers in the moft ferene Quiet and Halcyon Days that could poffibly be imagined; a few contemptible Pirates being our most formidable Enemies, and there being neither Prince nor State, with which, and from

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from whom, we had not either Ambassadors, or Amity, or both.

Thirdly, They contradicted the Writ it felf, by fuppofing thefe Suppofed Dangers to be fo fudden, that they could not stay for a Parliament, which required but Forty days ftay; the Writ being in no fuch hafte, but being content to ftay Seven Months, which is that time four times over.

Mr. Speaker, It feemed generally frange that they who faw not the Law, which all Men elfe faw, fhould fee that Danger, which no Man else faw but themselves; yet tho' this begot the more general Admiration, the other Particulars begot the more general Indignation.

The First of all their Reasons for this Judgment was fuch, that they needed not any from the Adverfe Part to help them, to convert thofe few who had before the leaft Sufpicion of the Legality of that moft Illegal Writ there being fewer that approved of the Judg ment, than there were that Judged it; for I am confident they did not that Themselves.

Secondly, When they had allowed to the King the Sole Power in Neceffity, and the Sole Judgment of Neceffity, and by that enabled him to take from us both what he would, when he would, and how he would, they yet Contemned us enough to offer to perfwade us they had left us our Properties.

The Third and laft, (and that which I confess moved me moft) that by the Transfor

mation of this from the State of Free Subjects, (a good Purchase, Mr. Speaker, under Dr. Heylin's Favour) into that of Villains, they difabled us by illegal and unvoluntary Supplies to exprefs our Affections to His Majefty, and by that means to cherish his to us; that is, to Parliaments. Mr. Speaker, the Caufe of all the Miferies we have fuffered, and the Caufe of all the Jealoufies we have had that we fhould yet fuffer more, is, that a most Excellent Prince hath been most infinitely abuSed; his Judges telling him that in Law, his Divines telling him that in Confcience, and his Counsellors telling him that in Policy he might do what he pleafed. With the First of these we are to deal now; which may be a good Leading Card to the reft; and fure in the Penning of thofe Laws, upon which these Men have trampled, our Ancestors have fhewed the utmost Care and Wisdom; however, this could not fecure us; Words having done nothing, and yet have done all that Words could do; we must therefore now be forced to think of the Abolishing of our Grievances, by Abolishing our Grievers, by taking away this Judgment, and thefe Judges together, and of Regulating their Exceffes by their most Exemplary Punishments, who. would not Regulate themselves by most evident Laws. Of the Degree of this Punishment, I will not fpeak; I will only fay we have accufed a Great Perfon of High Treafon, R 3

for

for intending to fubvert our Fundamental Laws, and introduce Arbitrary Government whereas what we fuppofe he meant to do, we are fure they have done; there being no Law more Fundamental, than that they have already fubverted, and no Government more Abfolute, than that they have really introduced.

Mr. Speaker, Not only the Severe Punishment of thefe Men, but the fudden Removal of them, will have a very large Effect in one. very important Confideration. Mr. Speaker, we only Accufe, and the Houfe of Lords Con demns; in which Condemnation they ufually receive Advice, tho' not Direction from the Judges, and I leave it to every Man to imagine how Prejudicial this would be to us, that is, to the Common-wealth, and how Partial to their Fellow-Malefactors.

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The Advice of fuch Judges is like to be moft undoubtedly for their own Sake's; they will conduce to their Power that every Account he adjudged to be a lefs fault, and each Perfon to be less faulty, than in Juftice he ought be.

Amongst thefe, Mr. Speaker, there is one I must not lofe in the Crowd, whom I doubt not but we fhall find when we examine the reft of them: With what hopes they have been tempted, and by what Fears they have been affayed, and by what and by whofe Importunity they have been pursued, before they

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