The Lord Finch his speech in the House of Commons the 21 of December 1641 hee being then lord-keeper. — Speech in the House of Commons the 21 of December, 1640

The Lord Finch his speech in the House of Commons the 21 of December 1641 hee being then lord-keeper. — Speech in the House of Commons the 21 of December, 1640

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THE LORD FINCH HIS SPEECH in the house of Commons, the 21 of December, 1641. Hee being then Lord-Keeper.

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THE LORD FINCH HIS SPEECH in the house of Commons, the 21 of December, 1641. Hee being then Lord-Keeper.

Master Speaker

I Doe first present my most humble thanks to this Honourable Assembly, for this favour vouchsased mee in granting me admittance to their presence, and do humbly beseech them to believe it is no desire to preserve my selfe, or my fortune, but to deserve the good opinion of those that have drawne me hither. I doe professe, in the presence of him that knoweth all hearts, I had rather goe from dore to dore, and crave Daobulum Bellizario, with the good will of this assembly, then enjoy all the Honours and Fortunes I am capable of.

I doe not come hither with an intention to justifie my words, my actions or opinions, but to make a plaine and cleare narration of my selfe, and there humbly to submit to the wisedome and Justice of this House, my selfe and all that concernes me.

[Page] But this House will not take words, but with cleare and Ingenious dealing.

And therfore I shall beseerh them to think that I come not hither with a set or studied speech. I come to speake my heart, and to speake it clearely, and plainly, and then to leave it to your clemency and justice, and I hope if any thing shall slippe from me (to work contrary to my meaning, and Intention disorderly or ill placed) you will bee pleased to make a favourable Construction, and leave mee the liberty of explanation (if there shall be any) but I hope there shall be no cause for it.

I hope for my affection in Religion, no man doubteth me: What my education was, and under whom I lived for many yeares, as well known eI lived neere thirty years in the Society of Grayes-Inne; and if one (that was a Reverend Preacher there in my time, Doctor Sibs) were now living, he were able to give Testimony to this House, that when a party ill affected in Religion sought to tyre and weary him out, he had his chiefest encouragement, and help from me. I have M. Speaker bin now 15 yeares of the Kings Councell; from the first houre to this minute, no man is able to say, that ever I was either Author, deviser, or consenter to any project.

It pleased the King, my gracious Master, after I had served him divers yeares, to preferre me to two places; first to be chiefe Justice of the Common Pleas; and then Lord Keeper of his Great Seale: I say it in the presence of God, I was so farre from the thought of the one, and the ambition of the other, that if my Master the King, his Grace and goodnesse had not beene, I had never enjoyed those Honours.

In all that time, I may speake it with a Confidence, these hands never touched bribe nor reward, these eyes were never blinded with guist, I took heed to these affections, common [Page] to man, which are aptest to mislead a Judge, Friendship and hatred, neither in the owne, nor the other have I adhered.

Those that know me, know me farre from a vindicative nature.

I cannot know, M. Speaker, what particulars there are by which you have an ill opinion of mee, and therefore I shall come very weakely armed: Yet these, that either in my owne knowledge or such knowledge as is given me, and not from any of this house, I shall speake somewhat that I hope, being truth and accompanied with clearenesse and ingenuity, will at the last proceed some allay in that ill opinion, which may perhaps be conceived of me.

M. Speaker, I had once the honour to sit in that place, from the first time I came hither, to the unfortunate houre I went out, I doe appeale to all that were then; if I served not you with candor.

Ill office I never did to either of the Houses, but did ever wish the good of both.

For that last unhappy day, I had my share of griefe in it, and I hope there are some doe remember, no man within the wals of this House did expresse more Symptomes of Sorrow then I did.

After an adjournment for two or three dayes, it pleased his Majesty to send for me, to let me know, hee could not so resolve of things as he desired, and therefore was desirous there might be an adjournement for some few dayes more.

I protest, I did not then discerne in his Majesty, and I believe it was not in his thought, to think of the dissolving of the Parliament, but was pleased to command me to deliver his pleasure to the House for an adjournment for some few dayes, and forthwith upon the delivery of the mesuage, to come and wait upon him.

[Page] He likewise commanded me, if questions were offered to be out, upon my Allegiance I should dare to doe it.

How much then did I in all humblenesse reason with his Majestie, is not for me here to speake; only thus much let me say.

I was no Authour of any councell in it, I was onely person in receiving Commission.

I speake not this, as any thing I now produce, or doe invente, or take up for mine owne excuse, but what is knowne to divers, and some Honorable persons in this House to be most true.

All that I will say for that, is humbly to beseech you all to consider, that if it had beene any mans cause as it was mine, betweene the displeasure of a gracious King, and the ill opinion of an Honorable Assembly.

I beseech you lay altogether; lay my first actions and behaviour with the last, I shall submit with your honorable and favourable constructions.

For the shipping businesse, my opinion in that cause hath layne heavy upon me; and I shall cleerely and truely present unto you what every thing is, with this protestation, (that if in reckoning up mine owne opinion, what I was of, or what I delivered, any thing of it he displeasing, or contrary to the opinion of this House) that I am farre from justifying of it, but submit that and all other my actions to your wisedome and goodnesse: Master Speaker, the first Writs that were sent out about shipping businesse, I had no more knowledge of it, and was as ignorant as any one member of this House, or any man in the Kingdome, I was never the Authour or deviser of it▪ and will bouldly say, from the first houre, I did never advise or councell the setting forth of any ship Writs in my life.

[Page] Master Speaker, it is true, that I was made chiefe Justice of the common Pleas some foure dayes before the Ship-writs went out to the Ports and Maritine places (as I doe remember) the 13 of October, 1634, they doe beare test: And I was sworne chiefe Justice the 16 of October, so as they went out in that time, but without my knowledge or privity, the God of Heaven knowes this to be true.

Master Speaker, afterwards his Majesty was pleased to command my Lord chiefe Justice of the Kings Bench, that then was (Sir Thomas Richardson) and chiefe Baron of the Exchequer that now is, and my selfe, then chiefe of the Common Pleas, to take into consideration the president then brought unto us, which we did, and after returned to his Majesty what we had found out of these Presidents.

It is true, that afterwards his Majesty did take into consideration, that if the whole Kingdome were concerned, that it was not reason to lay the whole burthen upon the Cinque Ports and Maritine Townes.

Thereupon, upon what ground his Majesty tooke that into his consideration, I do confesse I do know nothing of it.

His Majesty did command my Lord chiefe Justice that now is, my Lord chiefe Baron, and my selfe, to returne our opinions; whether, when the whole Kingdome is in danger, and the Kingdome ingenerall is concerned, it be not according to Law and reason, that the whole Kingdome, and his Majesty and all interessed therein, should joyne in defending and preserving thereof.

This was in time, about one 1634.

[Page] In Michaelmas Terme following, his Majesty commanded me to goe to all the Judges, and require their opinions in particular.

He commanded me to doe it to every one, and to charge them upon their duty and allegiance, to keepe it secret.

Master Speaker, it was never intended by his Majesty (so professed by him) at that time, and so declared to all the Judges, that it was not required by him, to be such a binding opinion to the Subject, as to hinder him from calling it in question, nor to be binding to themselves, but that upon better reason, and advise they may alter it; but desired their opinions, for his owne private reason.

I know very well, that extrajudiciall opinion of Judges ought not to be binding.

But I did think, and speake my heart and conscience freely; my selfe, and the rest of the Judges being sworn and by our oaths tyed to Counsell the King when he should require advise of us, that we were bound by our oaths and duties to returne our opinions.

I did obey his Majesties command, and doe here before the God of heaven avow it.

I did never use the least promise of preferment or reward to any, nor did use the least menacy; I did leave it freely to their owne consciences and liberty; for I was left the liberty of my owne by his Majesty, and had reason to leave them the liberty of their owne consciences.

And I beseech you be pleased to have some belief, that I would not say this, but that I know the God of heaven will make it appeare, and I beseech you that extravagant [Page] speeches may not move against that which is a positive and cleere truth.

Master Speaker, in the discourse of this (as is between Judges, some small discourses sometimes) yet never any cause wherein any Judges conferred, that were so little conference as betweene me and them.

Master Speaker, against a Negative, I can say nothing, but I shall affirme nothing unto you, but by the grace of God, as I affirme it to be true, so I make no doubt of making it appeare to be so.

This opinion was subscribed without Solicitation, there was not any man of us did make any doubt of subscribing our opinion, but two, Master Justice Hutton, and Master Justice Crooke.

Master Justice Crooke made not a scruple of the thing, but of the introduction, for it was thus:

That whereas the Ports and the Maritine Townes were concerned; there according to the Presidents in former times, the charge lay on them.

So when the Kingdome was in danger, of which his Majesty was the sole Judge; whether it was not agreeable to Law and reason, the whole Kingdome to beare the charge;

I left this case with Judge Crooke.

The next Terme I spake with him, he could give me no resolution, because he had not seene the writs in former times, but did give his opinion, that when the whole Kingdome was in danger, they of the defence ought to be borne by all.

So of that opinion of his, there was no need of a Solicitation.

I speake no more here, than I did openly in my argument [Page] in the Chequer Chamber.

This is the naked truth: for Master Justice Hutton, he did never subscribe at all.

I will onely say this, that I was so far from pressing him to give his opinion, because he did aske time to consider of it, that I will boldly say, and make it good; that when his Majesty would have had him sometimes sent for, to give his opinion, I beseeched his Majesty to leave him to himselfe and his conscience; and that was the ill office I did.

The Judges did subscribe in November or December, 1635.

I had no conference (nor truly I thinke) by accident any discourse with any of the Judges touching their opinions; for till February 1636, there was no speech of it, for when they had delivered their opinions, I did returne (according to my duty) to my Master the King, and delivered them to him: in whose custody they bee in.

In February 1636, upon a command that came from his Majesty, by one of the then Secretaries of State; the Judges all assembled in Grayes-Inne, we did then fall into a debate of the case then sent unto us, and we did then returne our opinion unto his Majesty; there was then much discourse and great debate about it.

Mine opinion and conscience at that time was agreeable to that opinion I then delivered.

I did use the best arguments I could, for the maintainance of my opinion; and that was all I did.

It is true that then at that time, Master Justice Hutton, and Master Justice Crooke, did not differ in the meane point, which was this;

[Page] When the Kingdome was in danger, the chargd ought to be borne by the whole Kingdome.

But this point, whether the King was the sole Judge of the danger? they differed.

So as there was betweene the first subscription, and this debate, and consultation, some 15. monthes differance?

It is true, that all of them did then subscribe, both Justice Hutton, and Justice Crooke, which was returned to his Majesty, and after published by my Lord Keeper (my predecessor) in the Stat-chamber.

For the manner of publishing it I will say nothing, but leave it to those, whose memories will call to mind what was then done.

The reason of the subscription of Justice Hutton, and Justice Crooke, (though they differed in opinion) grew from this that was told them from the rest of the Judges.

That where the greater number did agree in their vote, the rest were involved and included.

And now I have faithfully delivered, what I did in that businesse, till I came (which was afterwards) to my argument in the Exchequer Chamber, for the question was, Ascire facias issued out of the Exchequer, in that case of Master Hampdens; of which I can say nothing, for it was there begun, and afterwards rejourned, to have advice of all the Judges.

Master Speaker, among the rest (according to my duty) I argued the case.

I shall not trouble you, to tell you what my argument was, I presume their are Copies enough of it; only I will tell you there are foure things, very briefly, [Page] what I then declared.

First concerning the matter of danger, and necessary of the whole Kingdome.

I professe that there was never a Judge in the Kingdome did deliver an opinion, but that it must be in a case of apparant danger.

When we came to an argument of the case, it was not upon a matter or issue, but it was upon a demurrer.

Whether the danger was sufficiently admitted in pleading, and therefore was not the thing that was in dispute that was the first degree and step that led unto it.

I did deliver my selfe as free and as cleare as any man did, that the King ought to governe by the positive Lawes of the Kingdome, that he could not alter nor change, nor innovate in matters of Law, but by common consent in Parliament.

I did surther deliver, that if this were used to make a further revenue or benefit to the King, or in any other way but in case of necessity, and for the preservation of the Kingdome, The judgement did warrant no such thing:

My opinion in this busines, I did in my conclusion of my argument submit to the judgement of this House.

I never delivered my opinion that mony ought to be raised, but Ships provided for the defence of this Kingdome, and in that the writ was performed.

And that the charge ought not to be in any case, but where the whole Kingdome was in danger.

And Master Justice Hutton, and Master Justice Crooke, were of the same opinion with me.

I doe humbly submit, having related unto you my whole carriage in this businesse, humbly submitting myselfe [Page] to your grave and favourable consures, beseeching you not to thinke that I delivered these things with the least intention to subvert or subject the common Law of the Kingdome, or to bring in or to introduce any new way of government, it hath beene farre from my thoughts, as any thing under the heavens.

Master Speaker, I have heard too that there hath bin some ill opinion conceived of me about Forrest businesse, which was a thing far out of the way of my study, as any thing I know towards the Law.

But it pleased his Majesty, in the sicknesse of Master Noye, to give some short warning to prepare my selfe for that imployment.

When I came there, I did both the King and Common-wealth acceptable service, for I did and dare be bold to say, with extreame danger to my selfe and fortune, (some doe understand my meaning here in) ran through that businesse, and left the Forre [...] as much as was there.

A thing in my judgment considerable for the advantage of the Common-wealth, as could be undertaken.

When I went downe about that imployment, I satisfied my sulfe about the matter of perambulation.

There were great difficulty of opinions, what perambulation was.

I did arme my sulfe as well as I could, before I did any thing in it.

I did acquaint those that were then Judges, in the presence of the noble Lords, with such objections as I thought it my duty to offer unto them.

If they thought they were not objections of such waight, as were not fit to stirre them, I would not doe [Page] the King that disservice.

They thought the objections had such answers as might well induce the like upon a conference with the whole Country, admitting me to come and conferre to with them; the Country did unanimously subscribe.

It fell out afterwards, that the King commanded me, and all this before I was chiefe Justice, togo into Essex, and did, then tell me he had beene enformed, that the bounds of the Forrest were narrer, then in truth ought they to be; and I did according to his command.

I will here professe that which is knowne to many, I had no thought or intention of enlarging the bounds of the Forrest, further then that part about it, which there was a perambulation about 26 Edward 4.

I desired the Country to confer with me about it, if they were pleased to doe it; and then according to my duty, I did produce these Records which I thought fit for his Majesties service, knowing them to discharge themselves as by Law and Justice they might doe.

I did never in the least kind, goe about to overthrow the charter of the Forest.

And did publish and maintaine Charta de Forest [...], as a sacred thing and no man to violate it, and ought to be preserved for the King and Common-wealth.

I doe in this humbly submit, and what I have done, to the goodnesse and Justice of this House.

FINIS.

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[Page] [Page] THE LORD FINCH HIS SPEECH in the house of Commons, the 21 of December, 1640.

Hee being then Lord-Keeper.

Printed in the Yeere, 1641.

Information about this book

Title statement

The Lord Finch his speech in the House of Commons the 21 of December 1641 hee being then lord-keeper.Speech in the House of Commons the 21 of December, 1640

Finch of Fordwich, John Finch, Baron, 1584-1660.

Edition statement

1641

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Text Creation Partnership,

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Ann Arbor, MI ; Oxford (UK) :

Date

2007-10 (EEBO-TCP Phase 1).

ID [DLPS]

A39967

ID [STC]

Wing F1551D

ID [STC]

ESTC R7418

ID [EEBO-CITATION]

12989351

ID [OCLC]

ocm 12989351

ID [VID]

96306

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(EEBO-TCP ; phase 1, no. A39967)

Transcribed from: (Early English Books Online ; image set 96306)

Images scanned from microfilm: (Early English books, 1641-1700 ; 259:E196, no 23)

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— The Lord Finch his speech in the House of Commons the 21 of December 1641 hee being then lord-keeper., Speech in the House of Commons the 21 of December, 1640, Finch of Fordwich, John Finch, Baron, 1584-1660..

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[2], 10 p.

s.n.]. [London? :: 1641.. (Reproduction of original in Thomason Collection, British Library.)

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