“ time; for well-being supposes a being; and the first “ impediment which men naturally endeavour to re

move, is the want of those things without which

they cannot subsist. God first assigned unto Adam “ maintenance of life, and gave him a title to the rest c of the creatures before he appointed a law to ob- ferve.”

“God first assigned Adam,” says Hooker, “main“ tenance of life, and then appointed him a law to “ observe.- True it is, that the kingdom of God must “ be the first thing in our purpose and desires; but “ inasmuch as a righteous life presupposeth life, in" afinuch as to live virtuously it is impossible, except “ we live; therefore the first impediment which naturally we endeavour to

remove is penury,

and “ want of things without which we cannot live.”

The speech is vehement; but the great position, that grievances ought to be redressed before supplies are granted, is agreeable enough to law and reason : nor was Waller, if his biographer may be credited, such an enemy to the King, as not to wish his difțresses lightened; for he relates, “ that the King sent

particularly to Waller, to second his demand of “ some fubfidies to pay off the army; and Sir Henry " Vane objecting against first voting a supply, because “the King would not accept unless it came up to his “ proportion, Mr. Waller spoke earnestly to Sir Thomas “ Jermyn, comptroller of the household, to save his “ master from the effects of so bold a falsity ; 'for, he

said, I am but a country gentleman, and cannot « pretend to know the King's mind :' but Sir Thomas s durit not contradict the secretary; and his son, the " Earl of St. Albans, afterwards told Mr. Waller, that his father's cowardice ruined the King.”

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In the Long Barliament, which, unhappily for the nation, met Nov?li; 1640, Waller represented Agmondesham the third time; and was considered by the discontented party as a inan suficiently trusty and acrimonious to be employed in managing the prosecution of Judge Crawley, for his opinion in Yavour of ship-money; and his speech shews that he did not difappoint their expectations. He was probably the more ardent, as his uncle Hampden had been particularly engaged in the dispute, and by a sentence which seems generally to be thought unconstitutional, particularly injured.

He was not however a bigot to his party, nor adopted all their opinions. When the great question, whether Episcopacy ought to be abolished, was debated, he spoke against the innovation so coolly, so reasonably, and so firmly, that it is not without great injury to his name that his speech, which was as follows, has been hitherto omitted in his works :

* “ There is no doubt but the sense of what this na" tion hath suffered from the present Bishops, hath “ produced these complaints; and the apprehensions

men have of suffering the like, in time to come, “ make so many desire the taking away of Episcopacy: “ but I conceive it is possible that we may not, now, “ take a right measure of the minds of the people by

“ their petitions ; for, when they subscribed them, .“ the Bishops were armed with a dangerous commission

“ of making new canons, imposing new oaths, and “the like; but now we have disarmed them of that power.

These petitioners lately did look upon

* This speech has been retrieved, from a paper pinted at that time, by the writers of the Parliamentary History. Oig. Edit. R. 4


“ Epifcopacy as a beast armed with horns and claws; “ but now that we have cut and pared them, (and may, “ if we fue cause, yet reduce it into narrower bounds) “ it may, perhaps, be more agreeable. Howsoever, - if they be still in passion, it becomes us soberly to “ confi 'r the right use and antiquity thereof; and not “ to comply further with a general desire, than may “ stand with a general good.

“ We have already shewed, that episcopacy and “ the evils thereof are mingled like water and oil; “ we have also, in part, fevered them; but I believe

you will find, that our laws and the present govern« ment of the church are mingled like wine and water; “ fo inseparable, that the abrogation of, at least, a 6 hundred of our laws is defired in these petitions. I « have often heard a noble answer of the Lords, com“ mended in this house, to a proposition of like na“ ture, but of less consequence; they gave no other - reason of their refusal but this, Nolumus mutare Leges

Angliæ : it was the bishops who fo answered then; “ 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 confefs, rather in« clines me to their defence; for I look upon episco

pacy as a counterscarp, or out-work; which, if it 6 be taken by this assault of the people, and, withall, " this mystery once revealed, That we must deny them nothing when they ask it obus in troops, we may, in so the next piace, have as hard a taík to defend our

property, as we have lately had to recover it from “the Prerogative. If, by multiplying hands and pe<titions, they prevail for an equality in things eccle


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“ fiaftical, 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 about the senate, and were more “ curious to direct and know what was done, than to “ obey, that Common-wealth foon 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 se

nate 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 learn“ ing-fake, and embrace virtue for itself; yet it is “ true, that youth, which is the season when learning “ is gotten, is not without ambition; nor will ever “ take pains to excel in any thing, when there is not “ foine hope of excelling others in reward and dignity.

“ There are two reasons chiefly alleged against our
“ 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 delired, there will be as “ many places in Scripture found out, which seem to fa“ vour that, as there are now alleged against the prelacy “ or preferment in the church. And, as for abuses, “ where you are now, in the Remonftrance told, what this «c and that poor man hath suffered by the bishops, you may be presented with a thousand instances of poor


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" men that have received hard measure from their “ landlords; and of worldly goods abused, to the in‘jury 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.”

It cannot but be wished that he, who could speak in this manner, had been able to act with spirit and uniformity.

When the Commons began to set the royal authority at open defiance, Waller is said to have withdrawn from the house, and to have returned with the king's permission; and, when the king set up his standard, he sent him a thousand broad-pieces. He continued, however, to sit in the rebellious conventicle ; but “ spoke,” says Clarendon, “ with great “ Tharpness and freedom, which, now there was no

danger of being outvoted, was not restrained; and « therefore used as an argument against those who were gone upon pretence that they were not suffered

to deliver their opinion freely in the house, which “could not be believed, when all men knew what li“ berty Mr. Waller took, and spoke every day with “ impunity against the sense and proceedings of the 66 house.”

Waller, as he continued to sit, was one of the commissioners nominated by the parliament to treat with the king at Oxford; and when they were presented, the King said to him, “ Though you are the last, you

are not the lowest nor the least in my favour." Whitlock, who, being another of the commissioners, was witness of this kindness, imputes it to the king's


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