I Am commanded by the House of Commons, to present you with these Articles against M. Iustice Crawley, which [...] your Lordships shall have beene [...]d to heare read I shall take leave (according to custome) [...]o say some­thing of what I have coll [...]ed from the sense of that House concerning the crimes therein conteined.

MY LORDS, Not only my wants but my affections render me lesse fit for this imployment: for though it has not beene my hap­pinesse 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 Iudges the Ora­cles thereof. Out of Parlament all our Courts of Iustice are governed or directed by them, and when a Parlament 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 runne a hazard of being styled Parlamentum indoctorum. But as all professions are obnoxi­ous to the malice of the professours, and by them most easily betrayed, so (my Lords) these Articles have told you how these bro­thers of the Coyfeare become fratres in malo; how these sonnes of the Law have torne out [Page 3] the bowells of their mother: But this Iudge (whose charge you last heard) in one expres­sion of his excells no lesse his Fellowes, then they have done the worst of their predeces­sours, in this conspiracie against the Com­mon-wealth. Of the Iudgement for Ship­money, and those extrajudiciall opinions preceding the same (wherein they are joynt­ly concern'd) you have already heard; how unjust and pernitious a proceeding that was in so publique a Cause, has beene sufficiently express'd to your Lordships: But this man, adding despaire to our misery, tells us from the Bench, that Ship-money was a Right so inhaerent in the Crowne, that it would not be in the power of an Act of Parlament to take it away. Herein (my Lords) he did not onely give as deepe a wound to the Com­mon-wealth as any of the rest, but dipt his dart in such a poyson, that so farre as in him lay it might never receive a cure. As by those abortive opinions subscribing to the subver­sion of our propriety, before hee heard what could be said for it, he prevented his owne, so by this declaration of his he endevours to [Page 4] prevent the Iudgement of your Lordships too, and to confine the power of a Parlia­ment, the onely place where this mischiefe might be redrest: Sure he is more wise and learned, then to beleeve himselfe in this opi­nion, or not to know how ridiculous it would appeare to a Parliament, and how dangerous to himselfe, and therefore no doubt but by saying no Parliament could abolish this Iudgement, his meaning was that this Iudgement had abolish't Parliaments.

This imposition of Ship-money springing from a pretended necessity, was it not enough that it was now grown annuall, but he must intayle it upon the State for ever, at once making necessity in haerent to the Crowne, and slavery to the Subject? N [...]cessity, which dissolving all Law is so much more prejudi­ciall to his Majestie then to any of us, by how much the Law has invested his Royall State with a greater power, and ampler fortune, for so undoubted a truth it has ever beene, that Kings as well as Subjects are involv'd in the confusion which necessity produces, that the Heathen thought their gods also ob­liged [Page 5] by the same, Pareamus necessitati quam nec homines nec dii superant: This Iudge then having in his charge at the Assize declar'd the dissolution of the Law by this suppos [...]d ne­cessity, with what conscience could hee at the same Assize proceed to condemne and punish men, unlesse perhaps hee 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 lesse horrid then if the Sunne should burne 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 againe, you shall for ever abolish that judgement; Here this mysterie is revealed, this visour of necessity is pull [...]d [Page 6] off, and now it appeares that this Parlament of Iudges had very frankly and bountifully presented his Majestie with twelve Subsidies to be leavied on your Lordships, and the Commons: Certainly there is no priviledge which more properly belongs to a Parla­ment, then to open the purse of the Subject, and yet these Iudges, who are neither capa­ble of sitting among us in the house of Com­mons, nor with your Lordships, otherwise then as your assistants, have not only assum'd to themselves this priviledge of Parlament, but presum'd at once to make a present to the Crowne of all that either your Lordships or the Commons of England doe, or shall here­after possesse.

And because this man has had the bold­nesse to put the power of Parlament in bal­lance with the opinion of the Iudges, I shall intreat your Lordships to observe by way of comparison the solemne and safe proceeding of the one, with the precipitate dispatch of the other: In Parlament (as your Lordships know well) no new Law can passe, or old be abrogated, till it has been thrice read with [Page 7] your Lordships, thrice in the Commons House, and then it receives the Royall Assent, so that 'tis like gold 7 times purified; where­as these Iudges 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 Royall Progenitours, the petition of Right, and all other Lawes 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 Charme it should silence the Lawes, 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 goodnesse of the King, for so much as concernes these Iudges, we have no more left then they perhaps may deserve to have, when your Lordships shall have passed Iudgement upon them: This for the neglect of their Oaths, and betraying that publique trust, which for the conservation of our Lawes was reposed in them.

Now for the cruelty & unmercifulnesse of this judgement, you may please to remember that in the old Law they were forbid to seeth [Page 8] 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, & to overwhelm, if not our Land, all the propriety wee have therein, making the supply of our Navy, apre­tence for the ruine of our Nation; for observe I beseech you the fruit and consequence of this judgement, how this money has pro­sper'd, 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 maintain'd the So­veraignty of the sea; and by the many petiti­ons which we receive frō the wives of those miserable Captives at Algier (being between [Page 9] 4 and 5 thousand of our Country-men) it does too evidently appeare that to make us slaves at home, is not the way to keepe us from being made slaves abroad; so farre has this judgement bin from relie­ving the present or preventing the future necessity, that as it changed our reall propriety into the sha­dow of a propriety, so of a feigned it has made a Reall 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 voyce in the Aire, lowder then ordinary, The Gaules are come, which voyce after they had sack'd the Citie, and besieged the Capitoll, was held so ominous, that Livie relates it as a Prodigy; This Anticipation of necessity seems to have been no lesse ominous to us; These Iudges like ill boading birds have call'd necessity upon the State in a time when I dare say they thought themselves in greatest security; but if it seeme su­perstitious to take this as an Omen, sure I am wee may looke on it as a cause of the unfained necessity we now suffer, for what regret and discontent had this judgement bred among us? And as when the noyse and tumult in a private house growes so loud as to be heard into the streets, it calls in the next dwellers either kindly to appease, or to make their [Page 10] owne use of the domestick strife; so in all likeli­hood our knowne discontents at home have beene a concurrent cause to invite our Neighbours to vi­site us so much to the expence and trouble of both these Kingdomes.

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 the English Nation and no wonder, for if it be true that oppression makes a wise man mad, it may wel suspend the courage of the valiant: The same happened to the Romans when for renowne in Armes they most excell'd the rest of the world; the story is butshort, 'twas in the time of the Decem­viri (and I think the thief-troublers of our State may make up that number,) The Decemviri, my Lords, Livie lib. 5. had subverted the Lawes, suspended the Courts of Iustice; and (which was the greatest grievance both to the Nobility & people) had for some yeares omitted to assemble the Senate, which was their Parliament; This sayes the Historian did not onely deject the Romans, and make them despaire of their Liberty, but caused them to be lesse valued by their Neighbours: The Sabines take the advantage and invade them; and now the Decemviri are forc'd to call the long desired Senate, whereof the people [Page 11] were so glad, that Hostibus bello (que) gratiam habuerunt: This Assembly breaks up in discontent, neverthe­lesse the warre proceeds; Forces are rais'd, led by some of the Decemviri, and with the Sabines they meet in the Field; I know your Lordships expect the event; My Authors words of his Country-men are these, Ne quid ductu aut auspicio Decemvirorum prospere gereretur, vinci se patiebantur, They chose ra­ther to suffer a present diminution of their Honour, then by victory to confirme the tyranny of their new Masters: At their returne from this unfortu­nate expedition, after some distempers and expostu­lations of the people, an other Senate, that is a se­cond Parliament, is call'd, and there the Decemviri are questioned, deprived of their Authority, impri­soned, banish'd, and some lose their lives; and soon after this vindication of their Liberties, the Ro­mans by their better successe made it appeare to the world, that liberty and courage dwell alwayes in the same brest, and are never to be divorced. No doubt, my Lords, but your Iustice shall have the like effect upon this dispirited people; 'tis not the restitution of our ancient Lawes alone, but the re­stauration of our ancient courage which is expected from your Lordships: I need not say any thing to move your just indignation that this man should [Page 12] so cheaply give away that which your noble An­cestors with so much courage and industry had so long maintain'd: you have often beene told how carefull they were, though with the hazard of their lives and fortunes, to derive those Rights and Liber­ties as entire to posterity as they received them from their Fathers; what they did with labour you may doe with ease, what they did with danger you may doe securely, the foundation of our Lawes is not shaken with the Engine of Warre, they are onely blasted with the breath of these men, and by your breath may be restored.

What Iudgemenrs your Predecessors have given, and what punishments their Predecessors have suf­fer'd for offences of this nature; your Lordships have already beene so well informed, that I shall not trouble you with a repetition of those prece­dents: Onely (my Lords) something I shall take leave to observe of the person with whose charge I have presented you, that you may the lesse doubt of the wilfulnesse of his offence.

His education in the Inns of Court, his constant practice as a Councellour, and his experience as a Iudge (confidered with the mischiefe he has done) makes it appeare that this Progresse of his through the Law, has beene like that of a diligent Spie [Page 13] through a Country into which hee meant to con­duct an enemy.

To let you see he did not offend for company, there is one crime so peculiar to himselfe, and of such malignity, that it makes him at once uncapa­ble of your Lordships favour, and his owne sub­sistence incompatible with the right and propriety of the Subject: for if you leave him in a capacity of interpreting the Lawes, has he not already declared his opinion, That your votes and resolutions a­gainst Ship-money are voyd, and that it is not in the power of a Parliament to abolish that Iudge­ment? To him, my Lords, that has thus plaid with the power of Parliament, wee may well ap­ply what was once said to the Goat browsing on the Vine, ‘Rode, caper, vitem, tamen hinc cum stabis ad aras In Tua quod fundi cornua possit, erit:’

Hee has cropt and infring'd the priviledges of a banish'd Parliament, but now it is returned hee may finde it has power enough to make a Sacrifice of him, to the better establishment of our Lawes; and in truth what other satisfaction can hee make his injur'd Country, then to confirme by his exam­ple [Page 14] those Rights and Liberties which he had ruin'd by his opinion?

For the proofes, my Lords, they are so manifest, that they will give you little trouble in the disquisi­tion; his crimes are already upon Record, the De­linquent and the Witnesse is the same; having from severall Seats of Iudicature proclaim'd himselfe an Enemy to our Lawes and Nation, Ex ore suo judi­cabitur. To which purpose I am commanded by the Kinghts, Citizens, and Burgesses of the House of Commons, to desire your Lordships that as speedy a proceeding may be had against M ^r. Iustice Crawley as the course of Parliaments will permit.