The Lord Favlkland his learned speech in Parliament, in the House of Commons touching the judges and the late Lord Keeper Learned speech in Parliament in the House of Commons touching the judges and the late Lord Keeper Falkland, Lucius Cary, Viscount, 1610?-1643. This text is an enriched version of the TCP digital transcription A40797 of text R6747 in the English Short Title Catalog (Wing F320). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 13 KB of XML-encoded text transcribed from 6 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A40797 Wing F320 ESTC R6747 12988507 ocm 12988507 96260 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A40797) Transcribed from: (Early English Books Online ; image set 96260) Images scanned from microfilm: (Early English books, 1641-1700 ; 259:E196, no 9) The Lord Favlkland his learned speech in Parliament, in the House of Commons touching the judges and the late Lord Keeper Learned speech in Parliament in the House of Commons touching the judges and the late Lord Keeper Falkland, Lucius Cary, Viscount, 1610?-1643. [2], 9 p. s.n.], [London? : 1641. Reproduction of original in Thomason Collection, British Library. eng Judges -- England. Great Britain -- History -- Charles I, 1625-1649. A40797 R6747 (Wing F320). civilwar no The Lord Favlkland his learned speech in Parliament, in the House of Commons, touching the judges and the late Lord Keeper. Falkland, Lucius Cary, Viscount 1641 2329 8 0 0 0 0 0 34 C The rate of 34 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2006-11 TCP Assigned for keying and markup 2006-11 Apex CoVantage Keyed and coded from ProQuest page images 2007-01 Celeste Ng Sampled and proofread 2007-01 Celeste Ng Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion THE LORD FAVLKLAND HIS Learned SPEECH in Parliament , in the House of Commons , Touching the Judges and the late Lord Keeper . Printed in the Yeare , 1641. THE LORD FAULKLAND HIS Learned SPEECH in Parliament , in the House of COMMONS . Mr. Speaker : I Rejoyce very much to see this day , and the want hath not laine in my affection , but in my lungs , if to all that hath past , my Tongue hath not beene as lowd as any mans in the House yet truely my opinion is , that we have yet done nothing , if we doe no more , I shall adde what I humbly conceive might be added , as soone as I have said something , with Reference to him that sayes it . I will desire forgivenesse of the House ▪ if in ought J say , J seeme to intrench vpon anothers profession , and enter upon the work of another Robe , since I have bin instructed by there port of a learned Committee , and confirmed by the uncontradicted vote of the whole House , since J shall say nothing of this kind , but in order , to somewhat further , and which moves me most to venture my opinion , and to expect your pardon , since J am confident that History alone is sufficient to s●●w this ●udg●ment , contrary to our Lawes , and Logick alone sufficient to prove it destructive to our properties , which every free and noble person values no lesse then his profession . I will next professe that I know of my selfe , and all those that knowe me , knowe it of me , that my naturall disposition is farre from inclining to severity , much lesse to cruelty , That I have particular provocation from their persons , and have particular obligations to their callings , against whom I am to speake . And that though not for much , yet or more then all I have , so J hope it will be beleeved , that onely publike interest hath extorted this from me , which J would not say , if I conceived it not both so true and so necessary , that no meat undisgested , can lye heavyer upon the stomacke then this unsaid , would have laine upon my Conscience . Mr. Speaker , the constitution of this Common-wealth , hath stablisht , or rather endeavoured to establish to us , the security of our goods , and the security of those Lawes , which should secure us , and our goods , by appointing for us Iudges , so setled , so sworne , that there can be no oppression , but they of necessity must be accessary , since if they neither deny nor delay us Justice , which neither for the great nor little Seale , they ought to doe . The greatest person in the Kingdome cannot continue the lest violence upon the meanest . But this security , Mr Speaker , hath been almost our Ruine , ( this Bulwarke ) for us hath beene turned , or rather turned it selfe , into a Batterie against us , and those persons who should have beene as Dogs to defend the flocke , have been the Woolves to worry it . These Iudges , Mr. Speaker , to instance not them onely , but their greatest Crimes , have delivered an opinion , and a judgement , the first in an extrajudiciall manner , and both upon an extrajudiciall matter , that is such as came notwithin their cognizance , they being Iudges of Law , and not of necessity , that is being Iudges and neither Philosophers , nor Polititians , in which , when it is absolute , and evident , the law of the Land seaseth , and that of generall reason and equitie , by which particular Lawes at first were framed , returnes to her Throrne and government , when salus populi becomes not only suprema , but sola le ▪ , at which time , and to which end , whosoever would dispense with the King , to make use of money , dispenses equally with us to make use of his , and one anothers . 1 In this judgement , first they contradict both many , and cleare Acts and Declarations of Parliaments , and those in this very case , and in this very Reign , so that for them , they needed to have consulted with no other Records , then their Memories . 2 Secondly they contradicted with apparent Evidences , by supposing mighty and eminent dangers , in most serene , quiet , and halcyon dayes , that c●uld possibly be imagined , a few contemptible Pyrats , being our most formidable enemies , and there being neither Prince nor State , with , and from whom we had not , either Ambassadors , or Amity , or both . 3 Thirdly , they contradicted the writ it selfe , by supposing that supposed danger , to be so suddaine , that it could not stay for a Parliament , which required but forty dayes stay , the writ being in no such haste , but being content to stay seaven months , which is that time foure times over . Mr. Speaker , it seemed generally strange , that they who saw not that Law , which all men else saw , should see that danger , which no man saw , but themselves got , though this begot the more generall wonder , three other particulars begot the more generall indignation . 1 The first , that all the reasons for this judgement were such , that they needed not those of the adverse party , to helpe them to convert these few , who had before the least suspition of the Legality of that most illegall writ , there being fewer who approved of the judgement , then there were that judged it ; for I am confident they did not that themselves . 2 The second that when they had allowed to the King the sole power in necessity , and the sole judgement of necessity , and so enabled him to take from us , what he would , when he would , and how he would , they yet ●●●temned us , enough , to offer to perswade us , that they had left us our property . 3 The third and last ; and which I must confesse moved me most , that by the transformation of this Kingdome , from the estate of free Subjects , ( a good Phrase Mr. Speaker , under Doctor Heylins favour ) into that of villaines , they disabled us by legall and voluntarie supplyes , to expresse our affections to his Majesty , and by that to cherish his to us , that is to Parliaments . Mr. Speaker , the cause of all the miseries we have suffered , and of all the jealousies we have had , that we should suffer more , is , that a most excellent Prince , hath bin most infinitely abused by his Iudges , telling him that in Law , his Divines telling him that in Conscience , his Counsellors telling him that in policy , he might doe what he pleased : with the first of these we are now to deale , which may be a good leading cause to the rest , and some in penning those lawes , upon which , th●se men have trampled , our Ancestors have sh●●ed the utmost of care and wisedome , for our unstled security , words having done nothing , and yet done all that words can doe , we must now bee forced to think of abolishing the grievers , of taking away this judgment , and these Iudges together , & of regulating their successors by their most exemplary punishments , who would not regulate themselves by most evident lawes ; of the degrees of this punishment , I will not speak , I will onely say we have accused a great person of high Treason , for intending to subvert our fundamentall lawes , and introduce arbitrary government , whereas what we suppose he meant to doe , we are sure these have done , there being no Law more fundamentall , then they have already subverted , and no government more absolute , then they have already introduced . Mr. Speaker , not onely the severe punishment , but even the sudden removeall of these men , will have a very large effect , in one verie considerable consideration , we onely accuse , and the house of Lords condemnes , in which consideration they usually receive advise , ( though not direction from the Iudges : And I leave it to every man to imagine how prejudiciall to us , ( that is to the Common-wealth ) and how partiall to their fellow-malefactors , the advice of such Iudges is like to be , hovv undoubtedly for their owne sakes they vvill conduce to their povver , that every action be judged to be a lesse fault , and every person to be lesse faulty , then in Justice they ought to be . Amongst these , Mr. Speaker , there is one whom I must not lose in the crowde , whom I doubt not , but we shall find when we examine the rest of them , with what hopes they have been tempted , by what feares they have beene assayled , and by what , and by whose importunity , they have beene pursued , before they consented to doe what they did , I doubt not I say , but we shall find him , to have bin a most admirable Soliciter , though a most abominable Judge , he it is , vvho not onely gave away vvith his vvealth , what our Ancestours had purchased for us , at so large an expence , both of their time , their care , their treasure , and their blood , and imployed an industrie as great as his injustice , to perswade to joyne vvith him in that deed of gift , but others strove to roote out those liberties , wch we had cut downe , & to make our grievances mortall , and out slaverie irreparable , lest any part of posterity might want occasion to curse him , he declared that power to bee so inherent in the Crowne , that it vvas not in the power , even of a Parliament to divide them . I have heard , Mr. Speaker , and I thinke here that Common Fame is ground enough for this House to accuse upon , and then undoubtedly enough to be accused upon in this House , they have reported this so generally , that I expect not you shovld bid me name whom you all know , nor doe I looke to tell you nevves , vvhen I tell you it is my Lord Keeper , but this I thinke fit to put you in mind , that his place admits him to his Majsties eare , and trusts him vvith his Majesties conscience , and hovv pernitious every moment must be to us , vvhilst the one gives him meanes to infuse such unjust opinions of this house into his Majesties eare , exprest in that libell rather then declaration , of which many beleeve him to have beene a Secretary , & the other puts the vast and almost unlimited power of the Chancery into such hands , which in the safest would be dangerous , for my part , I can thinke no man here secure , that he shall find himselfe worth any thing when he rises , whilst our estates are in his breast , who hath sacrificed his Countrey to his ambition , whilst he had prostituted his owne conscience , hath the keeping of the Kings , and he who hath undone us already by whole-sale , hath power lost in him of undoing us by retayle . Mr. Speaker , in the beginning of this Parliament , he told us , and I am confident every man here beleeved it , before he told it , and not ye more for his telling it , though a sorry witnesse is a good Testimony against himselfe , that his Majestie never required any thing from any of his Ministers , but Justice and integritie , against which if any of them have transgressed , upon their heades , and that deservedly , it was to fall , And truely after hee hath in this saying propounded his own condemnation , we shall be more partiall to him , then he is to himselfe , if we slow to pursue it . If therefore my just and humble motion , that we may chuse a select Comittee , to draw up his and their charge , and to examine the carriage of this particular , to make use of it in the charge , and if he being a Judge , shallbe found guilty of tampering against the publique propertie with Judges , who hath thought tampering with witnesses in private defences , worthy of so severe a Fine , if hee shall be found to have gone before the rest , to this judgement , and to have gone beyond the rest in this Judgement , that in the punishment for it , the Iustice of this House , may not deny him that due honour , both to preceed and exceed the rest . FINIS