IT was a custome amongst the Romans (who as by their power they once gave lawes, so by the happy successe of their long flourishing Go­vernment, might they well give examples to all the world) that in their Senates the youngest men spake first: partly that they might not have their weaker notions anticipated by the more knowing Senators. And partly for that the Senate might not be diverted frō the mature resolutions of the more Antient by the interpositions of the younger men; They as all free States ever allowing free members to expresse themselves according to their severall capacities. And me thinkes t'was a happy Method. So your opinions and inclinations of the Assembly being discovered and ripened to resolu­tion by such gradations, the sentences of the Sages sounded as Judgements, not orations, their wisdome [Page 2] and gravity put a seasonable Period to others, per­haps otherwise endlesse discourses.

Their precedent encourages me, (who worst may) to breake the Ice: Children can lay their fingers on the Sore, poynt out their paine; and Infant Graduates in Parliament may groane out the grievances of a diseased Common-wealth, but they must be Doctors in the Art of government that can apply apt remedies to recover it.

Mr. Speaker, Antient and approved hath beene that Parallel of the body politique with the bo­dy naturall: 'Tis the part of the Patients in either distempered, to impart freely their griefes to the Physitians of the body or state, if they expect a cure.

This Common-wealth is (or should be) but one body. This house the great Physitian of all our ma­ladies, and alas Mr. Speaker, of what afflicted part shall we poore Patients complaine first? Or ra­ther of what shall we not complaine?

Are we not heart-sick? Is there in us that which God requires, unity, purity, & singularity of heart? Nay is not Religion (the soule of this body) so miserably distracted, that I speake it with terrour of heart, 'tis to be feared there is more confusion of Religions amongst us, then there was of tongues at the subversion of Babell: And is it not then high time that we understand one another, that we were reduc'd to one Faith, one Government.

Sir, Is the head whole: The seate of Government and Justice, the Fountaine from whose sweet in­fluence [Page 3] all the inferiour members of this body should receive both vigour and motion: Nay, hath not rather a generall Apoplexie, or Palsie, taken, or shaken all our members? Are not some dead? Others buried quick? Some dismembred, all dis­ordered by the diversion of the course of Justice.

Is the Liver (Natures exchequer) open; from whose free distribution each limbe may receive his proper Nutriment, or rather is it not wholly ob­structed? Our property taken from us? So that it may, Properly be said of us. Sic vos non vobis fer­tis aratra, our Ancestors drunke the juyce of their owne Vines, reap'd and eate the fruit of their own harvest. But now the poore mans Plough goes to furrow the Seas, to build Ships: wee labour not for our selves but to feed excressions of Nature, things growne up out of the Ruines of the natu­rall members. Monopolists.

Sir, These are Maxime vitalia; Religion, Ju­stice property; The heart, the head, the Liver of this great body, and these distempered or obstru­cted, can the subordinate parts be free? No Sir, the truth is; all is so farre out of frame, that to lay open every particular grievance were to drive us into despaire of cure: In so great confusion where to begin first, requires not much lesse care then what to apply.

Mr. Speaker, I know 'tis a plausible moti­on to begin with setting Gods house in order first: who presses that moves with such advantage, that hee is sure no man [Page 4] will gain-say him. 'Tis a wel becomming zeale to preferre Religion before our owne affayres, and indeed 'tis a duty not to be omitted; where they are in equall danger: But in cure of the body politique or naturall wee must still preferre the most pressing exigents.

Physitians know that Consumptions, Dropsies, and such like lingering diseases are more mortall, more difficult to cure thē slight externall wounds: yet if the least Veyne be cut, they must neglect their greater cures to stop that, which if neglected must needs exhaust the stock of nature, and pro­duce a dissolution of the whole man.

A Defection from the duties of our Religion is a Consumption to any State, no foundation is firme that is not laid in Christ.

The Deniall of Justice, the abridgment of our li­berties, is such an obstruction as renders the Com­mon-wealth Leaprous; but the wounds in our pro­perty let's out the life-blood of the people.

The Reformation of Church-government must ne­cessarily be a worke of much time, and God be thanked the disease is not desperate; We serve one God, we believe in one Christ, and we all acknowledge and professe one Gospell. The difference is onely de modo, we vary but in Ceremonies to reduce, which to the Primitive practice, must be a worke of great debate, is not a worke for us alone to settle.

The stop of Iustice, can yet Injure but particulars, 'Tis true, there may be many, too many instances of strange oppressions, great oppressors, but 'twill be hard to judge the Conclusion. Et sic de caeteris

[Page 5] But take from us the propriety of our estates, our subsistence, we are no more a people. This is that veyne which hath bin so deepe cut, so farre exhaust, that to preserve our being, we must doubt­lesse first stop this current: Then settle Rules to live by, when we are sure to live.

Mr. Speaker, he that well weighs this little word property, or propriety in our estates, will find it of a large extent; The Leeches that have suckt this bloud, have bin Excise, Benevolences, Loanes, Imposi­tions, Monopolies, Military Taxes, Ship-money (cum multis aliis) all which spring from one Roote.

And is it not high time to grub up that Roote that brings forth such fruit? Shall we first stand to lop the branches one by one, when we may down with all at once? He that to correct an evill tree, that brings forth bad fruit shall begin at the Ma­ster bough, and so lop downwards, is in danger to fall himselfe before the Tree falls. The safer and speedier way is to begin at the Roote, and there with submission to better judgments would I lay to the Axe.

The Root of most of our present mischiefes, and the ruine of all posterity, doe I hold, to be that ex­trajudiciall (Judgment I cannot say, but rather) doome delivered by all the Judges under their hands out of Court yet recorded in all Courts, to the subversion of all our fundamentall Lawes, Li­berties, and Annihilation, if not Confiscation of our estates. That in case of danger, the King may im­pose upon his Subjects, and that hee is the Sole [Page 6] Judge of the danger, necessity & proportion, which in briefe, is to take what, when, and where he will, which though delivered in the time of a gracious and mercifull Prince, who we hope will not wrest it beyond our abilities, yet left to the Interpretati­on of a succeeding Tyrant, if ever this Nation bee so unfortunate to fall into the hands of such; it is a Record wherein every man may read himselfe a slave that reads it, having nothing he can call his owne, all prostitute to the will of another.

What to doe in such a case we are not to seeke for precedents, our Honourable Ancestors taught us in the just and exemplar punishments of chiefe Justice, Tresilian and his Complices (for giving their Judgments out of Parliament, against the e­stablished Lawes of Parliament) how tender they were of us, how carefull wee ought to be to conti­nue those Lawes, to preserve the Liberty of our Posterity.

I am far from maligning the person, not in my heart wish I the Execution of any man, but cer­tainly it shall bee a Iustice well becomming this House, to lay their Heads at his Majesties mercie, who had laid us under his feet, who had made us but Tenants at will of our Liberties and Estates.

And though I cannot but approve of Mercy, as a great Vertue in any Prince, yet I heartily pray it may prove a Precedent as safe and usefull to this oppressed State, as that of Justice.

Mr. Speaker, blasted may that Tongue be that shall in the least degree derogate from the Glory [Page 7] of those Halcyon dayes our Fathers enjoyed, du­ring the Government of that ever blessed, never to be forgot Royall Elizabeth. But certainly I may safely say (without detraction) it was much advan­tage to the peace and prosperity of her Raign, that the great Examples of Empson and Dudley, were then fresh in Memory: The Civility of our Lawes tell us, that Kings can doe no wrong, and then is the State secure, when Judges (their Ministers) dare doe none. Since our times have found the want of such examples, 'tis fit we leave some to Posterity. God forbid all should be thought or found guilty, there are doubtlesse some Ring-leaders, let us sift out them. In publique Government to passe by the Nocent is equall injustice, as to punish the Inno­cent. An omission of that duty now, will be a guilt in us, render us sham'd in History, curst by Poste­rity, our gracious and (in that act of voluntary Ju­stice) most glorious King, hath given up to the sa­tisfaction of his afflicted People, the Authors of their Ruines: the power of future preservation is now in us. Et qui non servat patriam, cum potest, idem facit destruenti patriam.

What though we cannot restore the dammage of the Common-wealth, wee may yet repaire the breaches in the bounds of Monarchy. Though it be with our losse and charge, wee shall so leave our childrens children, fenced as with a wall of safety; by the restauration of our Lawes, to their antient Vigor and Lustre.

[Page 8] 'Tis too true, that 'tis to be feared, the Revenues of the Crowne sold out-right, would scarce remu­nerat the injuries, repay the losses of this suffe­ring Nation, since the pronouncing of that fatall Sentence. What proportionable satisfaction then can this Common-wealth receive, in the punish­ment of a few inconsiderable Delinquents? But 'tis a Rule valid in Law, approved in equity that Qui non habent in crumen Luant in Corpore. And 'tis without all question in policy, exemplar punishments conduce more to the safety of a state, then pecuniary reparations; Hope of impunity lul's e­very bad-great-officer into security for his time, and who would not venture to raise a Fortune, when the alurements of honour and wealth are so praevalent, if the worst is can fall be but Restitution.

Wee see the bad effects of this bold-erroneous opinion; what was at first, but corrupt Law; by encouragement taken from their impunity, is since become false Doctrine, the people taught in Pul­pits, they have no property, Kings instructed in that destructive principle, that all is theirs, and is thence deduc'd into necessary state-policy, whispe­red in counsell, That he is no Monarch, who is bounded by any Law.

By which bad consequences, the best of Kings, hath bin by the infusion of such poysonous posi­tions diverted from the sweet inclinations of his owne Naturall Equity and Iustice, the very essence of a King taken from him, which is preservation [Page 9] of his people: and whereas Salus populi is, or should be Suprema Lex, the power of undoing us, is masqu'd under the stile of what should be Sacred Royall Prerogative.

And is it not high time for us to make exam­ples of the first Authors of this, subverted Law, Bad Counsell, worse Doctrine?

Let no man thinke to divert us from the pursuit of Iustice, by poysoning the cleare streames of our af­fections, with jealous feares of his Majesties Inter­ruption, if wee looke too high. Shall wee therefore doubt of Justice, because we have need of great Iu­stice? We may be confident the King well knowes, That his Iustice is the Band of our alleageance: that 'tis the staffe, the proofe of his Soveraignty.

'Tis a happy assurance of his intentions of grace to us, that our Loyalty hath at last won him to tender the safety of his people: and certainly (all our Pressures well weighed this 12. Yeares last past) it will be found the passive Loyalty of this suffering Nation, hath out-done the active duty of all Times and Stories. As the Poet hath it, fortiter ille facit, qui miser esse potest: I may as properly say, Fideliter fecimus, we have done loyally to suf­fer so patiently.

Then since our Royall Lord hath in mercy visi­ted us, let not us doubt, but in his Justice hee will redeeme his people. Qui timidè rogat docet ne­gare. But when Religion is innovated, our Liber­ties violated, our Fundamentall Lawes abrogated, [Page 10] our moderne Lawes already obsoleted, the propri­ety of our Estates alienated. Nothing left us, wee can call our own, but our misery and our patience: if ever any Nation might justifiably, this certainly may now, now most properly, most seasonably cry out, and cry aloud, vel Sacra Regnet Iustitia, vel Ruat Coelum.

Mr. Speaker, the summe of my humble motion is, that a speciall Committee may be appointed, to examine the whole carriage of that Extrajudiciall judgment. Who were the Counsellers, Solici­ters, and Subscribers to the same: the Reasons of their Subscription, whether according to their o­pinions; by importunity or pressure of others, whether pro forma tantum. And upon re­port thereof to draw up a charge a­gainst the guilty, and then Currat Lex, Fiat Justitia.