TWO SPEECHES Spoken at OXFORD, BY THE RIGHT honourable, Edward, Earl of Dorset, before His Majesty, and the Lords of His privy-council. The one, At his receiving the Office of Lord privy-seal. The other, At his being made precedent of His majesty's council. Showing his good affection to the. Parliament, and the whole State of this kingdom. First printed at Oxford by Leonard Lichfield, and now reprinted at London for Edward Hartley. Two Speeches spoken at Oxford by the Right Honourable Edward Earl of Dorset, before His MAJESTY, and the Lords of His privy-council. My Lords, I Am now by the death of the Earl of Manchester, through His majesty's special favour invested with the keeping of the Privy seal, an Office of which I have had long the reversion, and by the possession of it I am entitled to one of the supremest places of judicature in the kingdom; made Judge, ex officio, of the second Court of Conscience in England, namely, the Court of Requests instituted by that Solomon of our Nation, Henry the seventh for the ease and relief of the Subject, tired with the tedious process of suits in Chancery: And surely, in the Earl of manchester's time, the Court of Requests had few less suits depending in it, through the industry and equity of the man, than the Chancery itself. So perfectly was he skilled in all the niceties of the laws, having passed through all the signal offices of the gown in this kingdom. And surely, my Lords, it will be a hard matter for me, who am not so well versed in the laws, to govern that Province so exactly as my Predecessor; yet sure I shall make it the supremest end of my endeavours, to perform my charge, though not with so much Law as he did, yet with as much conscience. Conscience, which as it is the fountain from which all good laws are derived, aught to be used in administration of those laws; and that I shall not fail in, but faithfully accomplish the trust imposed on me by His sacred Majesty, and perform right to the Subject, according as right itself shall direct me. My Lords, I could never like the over-severity of those Judges, who by a modest tyranny, authorized by custom, strive to lengthen their rule over wretched men, by an infinite process of formal orders, detaining the Causes of clients so long in their Courts, till that which should rectiifie and settle the breaches and cavils in men's estates the Law itself, consumes them: Very many persons of good ability beginning suits for slight matters, in the mere Law costs expending the best part of their fortunes. And is it not a thing much to be lamented, that the Law, which ought to be the repressor and composer of injuries, should prove to the party injured a greater injury than the injury itself? That the cure of a disease should carry in it a more lingering and fatal malady than the disease itself? Surely Judges and too many such there are or have been, forget that goddess, under whose suffrage they should pronounce sentence, I mean justice; when they suffer the poor clients to be so grated, as it were to powder by the Lawyers. Themselves, though they dare not openly prostitute fair justice, virgin whiteness, yet do they adulterate her purity by proxy, having their Factors to vent that commodity, which indeed should not be bought for silver or gold, Justice; but now, Quantum quisque sua nummorum servat in arca, Tantum habet & legis.— no penny, no paternoster; no coin, no Law: A hard case when people must pay for that which is their right, or else be oppressed with injury, so that that devil money, hath usurped the seat and heavenly countenance of that angel Justice. The Egyptians in their hieroglyphics deciphered justice under the figure of an Elephant; the nature of that beast for his strength being aptest to carry great burdens: intimating thereby, that on the back of justice all the weight of the commonwealth should be imposed, it being the only supporter of its welfare. But weak must that pillar be which hath so infirm a basis to rely on, as is injustice, nor can there be a more eminent wrong to the Subject, then to make poor men from the furthest parts of this kingdom, coming to London about law-business, wait there, or come up thither term by term for divers years; no, nor a greater detriment to their estates. I was once in mind therefore (if it had pleased God, that we who are servants to his Majesty, had continued at London) to have made it a motion to the High Court of Parliament, for passing a definitive sentence with His majesty's consent against this tedious prorogation and delaying of suits; but the more are the times to be lamented, that this, nor any Law else of consequence for the good of the Subject can be enacted, by reason of these civil uncivil wars and differences betwixt His sacred Majesty, and His High Court of Parliament. Were those reconciled by a fair and happy unity, I should with much joy and alacrity of spirit enter upon this honourable office, and manage it so, as I should discharge a good conscience to God, the duty of a true subject to my Prince, and the honesty & integrity of a Judge, to those who have Causes depending before me. But I should seem too much my own Trumpet, did not yourselves, my Lords, in your candid dispositions believe what I have uttered; which when it shall please God and His Majesty, that I have occasion, amply, as my predecessor did, to execute my office, I shall by my actions give warrantable proof to what I have now uttered. Another SPEECH spoken by the said Earl to His MAJESTY when he was instituted precedent of His council. THe favours your Majesty in your royal bounty hath so frequently conferred upon me, so far transcend the meanness of my desert, that certainly I begin to accuse my modesty for accepting them, and should absolutely condemn it, without allowing it the benefit of its clergy, did not your majesty's sacred commands acquit it, which must needs prevail above all respects of myself upon my obedience, and adapt my weakness and inabilities for my employments in your majesty's service, which hath, and ever shall be, the only centre of my intentions: Your royal goodness, like the sun's virtual beams, actuating my dull capacity for the discharging any place your gracious bounty shall cast upon me. And though your Majesty might have found out other Noble men my Peers, who would have complied this charge of precedent of your majesty's council with more dexterity; yet I dare boldly promise for myself, that none amongst them should have performed it with more care and fidelity. The council of Kings are in the hands of the Almighty; and those that are of their counsels, aught to regulate their thoughts and actions so for the service of their Masters, as they shall not be esteemed mere politicians, working in the gentleness and suavity of their natures for their own ends, but aiming perpetually at the common good, which must needs conduce to the good of the sovereign. Councillors that err out of this path, are rather to be termed seducers, and as such should be punished, being indeed mere Achitophel's, crafty and malicious. And I must needs here deplore the present condition of your sacred Majesty (in my sorrow for your royal disasters I express my humble gratitude for your bounties;) your high Court of Parliament, from which you are departed hither, being of a settled opinion, as appears by their Declarations, that all the machine of evils, that like so many furies fly through your highness Dominons, have taken their original from the persuasions of bad councillors; if any such there be, or have been about your sacred Majesty, I shall most humbly pray for their removal or conversion from such sinister practices, and think myself (my integrity shall gain a remission for my boldness) engaged in duty and conscience to inform your sacred Majesty, that till such councillors be removed from your gracious ears, there will never be any hopes that the distractions of your kingdoms can be settled, the wounds of which it hath so long bled be imbalmed, much less perfectly cured: For how can your Parliament, the grand and supreme council of your kingdom, comply with the desires of your Majesty, when they conjecture whatever they shall desire of your Majesty for your people's welfare shall be thwarted & nullified by the intimations of some few private cabinet councillors, which was the reason I conjecture of their humble addresses to your Grace for the settling the election of your councillors in the power of the commonwealth, namely, in the triennial Parliament. The councillors to Kings, if they should have the misfortune to prove ill ones, having the Subjects safety at their mercy, by the royal authority which is then most splendent, when it is most concurrent with the people's prosperities, and employed for their defence, and patronage against the oppression of evil councillors; who by their subtle and malignant practices, do ofttimes, as it were, transform the hearts of their sovereigns from their native and genuine candour and sweetness; by that means rendering their rules odious to their Subjects: Oderunt quia metuunt, they always detest what they are afeard of, every man naturally hating that which they conceive will hurt them: but your Majesties own wisdom, and the excellent skill your royal knowledge hath in discerning and defining dispositions, must of necessity secure your reign (which heaven long continue over us) from the disease of such pernicious councillors; it being impossible that your gracious disposition (though it may be deluded sub apparentia bo●●) with the Angel-like a pearance of these furies, that it should again be deceived by their devices; so that if there have been any such councillors that have formerly incensed your Majesty against your Parliament by misconceits and jealousies, I doubt not now their advices are of no validity in your gracious judgement; for mine own part, with the tender of my life to your majesty's service, I prostrate myself in all humility at your royal feet for your gracious favours towards me, and crave pardon for my boldness, which I am confident, your Majesty will grant, knowing it merely, to be progressive from my integrity and duty. FINIS.