In the long parliament, which, unhappily for the nation, met Nov. 3, 1640, Waller represented Agmondesham the third time; and was considered, by the discontented party, as a man sufficiently trusty and acrimonious to be employed in managing the prosecution of judge Crawley, for his opinion in favour of ship-money; and his speech shows that he did not disappoint 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[83]:
"There is no doubt but the sense of what this nation 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 episcopacy, as a beast armed with horns and claws; but now that we have cut and pared them (and may, if we see 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 consider 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 showed, that episcopacy, and the evils thereof, are mingled like water and oil; we have also, in part, severed them; but, I believe, you will find, that our laws and the present government of the church are mingled like wine and water; so inseparable, that the abrogation of, at least, a hundred of our laws is desired in these petitions. I have often heard a noble answer of the lords, commended in this house, to a proposition of like nature, but of less consequence; they gave no other reason of their refusal but this, 'Nolumus mutare leges Angliae:' it was the bishops who so 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 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 about the senate, and were more curious to direct and 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 is as 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 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 superiours.