bruised any of the branches of this tree, that either our persons, or goods, or possessions, have not the same shelter as before, yet, let us not therefore neglect the root of this great tree; but rather, with all our possible means, endeavours, and unfeigned duties, both apply fresh and fertile mould under it, and also water it even with our own tears; that so these bruised branches be recovered, and the whole tree again prosper and flourish. For this I have learned from an uncient father of the church, that though preces regum sunt armatæ, yet arma subditorum are but only preces et lachrymæ.

may

I know well that cor regis inscrutabile, and that kings, although they are but men before God, yet they are gods before men; and therefore, to my gracious and dread sovereign, (whose virtues are true qualities ingenerate, both in his judgment and nature) let my arm be cut off, nay, let my soul not live that day, that I shall dare to lift up my arm to touch that forbidden fruit, those flowers of his princely crown and diadem.

But yet in our Eden, in this garden of the common. wealth, as there are the flowers of the sun, which are so glorious, that they are to be handled only by royal majesty; so are there also some daisies and wholesome herbs, which every common hand, that lives and labours in this garden, may pick and gather up, and take comfort and repast in them. Amongst all which, this oculus diei, this bona libertas, of which I am now to speak, is not one only, but the chief.

SIR ROBERT PHILIPS.

In this apparently unstudied address, we meet, for the first time, with real warmth and eloquence.

READ of a custom amongst the old Romans, that once every year they had a solemn feast for their slaves, at which they had liberty, without exception, to speak what they would, thereby to case their afflicted minds; which being finished, they severally returned to their former servitude.

This may, with some resemblance and distinction, well set forth our present state, where now, after the revolution of some time, and grievous sufferance of many violent oppressions, we have, as those slaves had, a day of liberty of speech; but shall not, I trust, be hereafter slaves, for we are free. Yet what new illegal proceedings our states and persons have suffered under, my heart yearns to think, my tongue falters to utter. They have been well represented by divers worthy gentlemen before me; yet one grievance, and the main one, as I conceive, hath not been touched, which is our religion;-religion, Mr. Speaker, made vendible by commission; and men, for pecuniary annual rates, dispensed withal, whereby papists may, without fear of law, practise idolatry.

For the oppressions under which we groan, I draw them under two heads; acts of power against law, and judgments of law against our liberty.

Of the first sort are, strange instructions, violent ex, actions of money thereupon, imprisonment of the persons of such who (to deliver over to their posterity the VOL. I. 7

liberty they received from their forefathers, and law. fully were in possession of) refused so to lend; and this aggravated by the remediless continuance and length thereof; and chiefly the strange, vast, and unlimited power of our lieutenants and their deputies, in billet ing of soldiers, in making rates, in granting warrants for taxes as their discretions shall guide them. And all this against the law.

These last are the most insupportable burdens that at this present afflict our poor country, and the most cruel oppression that ever yet the kingdom of England endured. These upstart deputy lieutenants (of whom perhaps in some cases and times there may be good use, being regulated by law,) are the worst of grievances, and the most forward and zealous executioners of those violent and unlawful courses which have been commended unto them; of whose proceedings, and for the qualifying of whose unruly power, it is more than time to consult and determine.

Judgments of law against our liberty there have been three, each latter stepping forwarder than the former upon the right of the subject, aiming in the end to tread and trample under foot our law, and that even in the form of law.

The first was the judgment of the postnati, whereby a nation (which I heartily love for their singular good zeal in our religion, and their free spirits to preserve our liberties far beyond many of us) is made capable of any the like favours, privileges, and immunities, as ourselves enjoy and this especially argued in the exchequer chamber by all the judges of England. The second was, the judg ment upon impositions in the exchequer court, by the barons, which hath been the source and fountain of many bitter waters of affliction unto our merchants. The third was, that fatal late judgment against the liberty of the subject imprisoned by the king, argued and pronounced but by one judge alone.

I can live, although another who has no right, be put

to live with me; nay, I can live, although I pay ex. cises and impositions more than I do; but to have my liberty, which is the soul of my life, taken from me by power, and to have my body pent up in a goal, without remedy by law, and to be so adjudged! O improvident ancestors! O unwise forefathers! to be so curious in providing for the quiet possession of our laws and the liberties of parliament, and to neglect our persons and bodies, and to let them lie in prison, and that durante bene placito, remediless! If this be law why do we talk of liberties? why do we trouble ourselves with a dispute about law, franchises, property of goods, and the like? what may any man call his own, if not the liberty of his person?

I am weary of treading these ways, and therefore conclude to have a select committee deputed, to frame a petition to his majesty for redress of these things; which being read, examined, and approved by the house, may be delivered to the king, of whose gracious answer we have no cause to doubt, our desires being so reasonable, our intentions so loyal, and the manner so humble : neither need we fear this to be the critical parliament as was insinuated, or this a way to distraction; but assure ourselves of a happy issue: then shall the king, as he calls us his great council, find us his good council, and own us as his good council-which God grant.

SIR EDWARD COKE.*

WHEN poor England stood alone, and had not the access of another kingdom, and yet had more and as potent enemies as now it hath, yet the king of England prevailed.

In the parliament roll in 42 Edw. III. the king and

See a former article, page 3.

the parliament gave God thanks for his victory against the kings of Scotland and France; he had them both in Windsor Castle as prisoners. What was the reason of that conquest? Four reasons were given. 1. The king was assisted by good council. 2. There were valiant men. 3. They were timely supplied. 4. Good

employment.

In 3 Richard II. the king was environed with Flemings, Scots, and French; and the king of England prevailed.

In 13 Richard II the king was environed with Spaniards, Scots, and French; and the king of England prevailed.

In 17 Richard II. wars were in Ireland and Scotland; and yet the king of England prevailed, and thanks were given to God here; and I hope I shall live to give God thanks for our king's victories.

In 7 Henry IV. one or two great men about the king so mewed him up, that he took no other advice but from them; whereupon the chancellor took this text and theme in his speech at the parliament: Multorum consilia requiruntur in magnis, in bello qui maxime timent sunt in maximis periculis. Let us give, and not be afraid of our enemies; let us supply bountifully, chearfully, and speedily, but enter not into particulars. Solomon's rule is, Qui repetit separat, nay separat fœderatos. We are united in duty, &c. to the king. The king hath fourscore thousand pounds a year for the navy, and to scour the narrow seas; it hath been taken, and we are now to give it ; and shall we now give more to guard the seas? besides, when that is taken of our gilt, it may be diverted another way.

It shall never be said, we deny all supply. I think myself bound where there is commune periculum, there must be commune auxilium,