of like nature, but of less consequence; they gave no other reason for their refusal but this, Nolumus matare leges Angliæ: it was the bishops who so answered them; and it would become the dignity and wisdom of this house to answer the people now with a Nolumus mutare.

I see some are moved with a number of hands against the bishops; which, I confess, rather inclines me to their defence: for I look upon episcopacy as a counterscarp, or outwork; which if it be taken by this assault of the people, and, withal, this mystery once revealed, That we must deny them nothing when they ask it thus in troops, we may, in the next place, have as hard a task to defend our property, as we have lately had to recover it from the prerogative. If, by multiplying hands and petitions, they prevail for an equality in things ecclesiastical, the next demand perhaps may be lex agraria, the like equality in things temporal.

The Roman story tells us, that when the people began to flock round the senate, and were more curious to direct and to know what was done, than to obey, that commonwealth soon came to ruin their legem rogare grew quickly to be a legem ferre; and after, when their legions had found that they could make a dictator, they never suffered the senate to have a voice any more in such election.

If these great innovations proceed, I shall expect a flat and level in learning too, as well as in church preferments: honos alit artes. And though it be true, that grave and pious men do study for learning-sake, and embrace virtue for itself, yet it 14*

VOL. III.

is true, that youth, which is the season when learning is gotten, is not without ambition; nor ever will take pains to excel in any thing when there is not some hope of excelling others in reward and dignity.

There are two reasons chiefly alleged against our church-government.

First, scripture, which, as some men think, points out another form.

Second, the abuses of the present superiors.

For scripture, I will not dispute it in this place; but I am confident that, whenever an equal division of lands and goods shall be desired, there will be as many places in scripture found out, which seem to favour that, as there are now alleged against the prelacy or preferment in the church, And, as for abuses, where you are now, in the remonstrance, told, what this and that poor man hath suffered by the bishops, you may be presented with a thousand instances of poor men that have received hard measure from their landlords; and of worldly goods abused, to the injury of others and disadvantage of the owners.

And therefore, Mr. Speaker, my humble motion is, That we may settle men's minds herein; and, by a question, declare our resolution, to reform, that is not to abolish, episcopacy.

1

CONCLUSION OF THE EARL OF STAFFORD'S DEFENCE OF HIMSELF BEFORE THE HOUSE OF LORDS. 1641.

MY LORDS,

It is hard to be questioned upon a law which cannot be shown. Where hath this fire lain hid so many hundred years, without smoke to discover it, till it thus burst forth to consume me and my children?

That punishment should precede promulgation of a law, to be punished by a law subsequent to the fact, is extreme hard. What man can be safe if this be admitted?

My lords, it is hard in another respect, that there should be no token set by which we should know this offence; no admonition by which we should avoid it. If the man pass the Thames in a boat, and split himself upon an anchor, and no buoy be floating to discover it, he who owneth the anchor shall make satisfaction; but if a buoy be set there, every man passeth upon his own peril. Now, where is the mark, where is the token upon this crime to declare it to be high treason?

My lords, be pleased to give that regard to the peerage of England, as never to expose yourselves to such moot points, such constructive interpretations of law: if there must be a trial of wits, let the subject matter be of somewhat else than the lives and honours of peers.

It will be wisdom for yourselves, for your posterity, and for the whole kingdom, to cast into the fire these bloody and mysterious volumes of constructive and arbitrary treason, as the primitive Christians did their books of curious arts, and be

take yourselves to the plain letter of the law and statute, that telleth us what is, and what is not treason, without being ambitious to be more learned in the art of killing than our forefathers.

It is now full two hundred and forty years since any man was touched for this alleged crime, to this height, before myself. Let us not awaken these sleeping lions to our destruction, by taking up a few musty records that have lain by the walls so many ages, forgotten or neglected.

May your lordships please not to add this. to my other misfortunes; let net a precedent be derived from me so disadvantageous as this will be, in its consequence, to the whole kingdom. Do not, through me, wound the interest of the commonwealth; and howsoever these gentlemen say, they speak for the commonwealth; yet, in this particular, I indeed speak for it, and show the inconvenience and mischiefs that will fall upon it; for, as it is said in the statute of 1 Henry IV. no one will know what to do or say, for fear of such penalties.

Do not put, my lords, such difficulties upon ministers of state, that men of wisdom, of honour, and of fortune, may not with cheerfulness and safety be employed for the public. If you weigh and measure them by grains and scruples, the public affairs of the kingdom will lie waste; no man will meddle with them, who hath any thing to lose.

My lords, I have troubled you longer than I should have done, were it not for the interest of those dear pledges a saint in heaven hath left me.

[At this word he stopped awhile, letting fall some tears to her memory; then he went on]

What I forfeit myself is nothing; but that my indiscretion should extend to my posterity, woundeth me to the very soul !

You will pardon my infirmity. Something I should have added, but am not able; therefore let it pass.

Now, my lords, for myself, I have been, by the blessing of Almighty God, taught, that the afflictions of this present life are not to be compared to the eternal weight of glory which shall be revealed hereafter.

And so, my lords, even so with all tranquillity of mind, I freely submit myself to your judgment, and whether that judgment be of life or death, te Deum laudamus.

SPEECH OF THE EARL OF

CAERNARVON ON THE * 1678.

IMPEACHMENT OF LORD DANBY.

MY LORDS,

I UNDERSTAND but little of Latin, but a good deal of English, and not a little of the English

*The following account has been given of this speech. Among the speakers on the impeachment of lord Danby was the earl of Caernarvon, who is said never to have spoken before; but having been heated with wine, and rallied by the duke of Buckingham on his never speaking, he said he would speak that very afternoon, and this having produced some wager between them, he went into the house with a resolution to speak on any subject that should offer itself. He accordingly stood up and delivered this speech, which being pronounced with a remarkable humour and tone, the duke of Buckingham cried out, "The man is in spired, and claret has done the business.""