THE LORD FINCH HIS SPEECH in the house of Commons, the 21 of December, 1640. he being then Lord-Keeper. Printed in the year, 1641. THE LORD FINCH HIS SPEECH in the house of Commons, the 21 of December, 1641. he being then Lord-Keeper. Master Speaker I do first present my most humble thanks to this Honourable Assembly, for this favour vouchsased me in granting me admittance to their presence, and do humbly beseech them to believe it is no desire to preserve myself, or my fortune, but to deserve the good opinion of those that have drawn me hither. I do profess, in the presence of him that knoweth all hearts, I had rather go from door to door, and crave Daobulum Bellizario, with the good will of this assembly, then enjoy all the Honours and Fortunes I am capable of. I do not come hither with an intention to justify my words, my actions or opinions, but to make a plain and clear narration of myself, and there humbly to submit to the wisdom and Justice of this House, myself and all that concerns me. But this House will not take words, but with clear and Ingenious dealing. And therefore I shall beseech them to think that I come not hither with a set or studied speech. I come to speak my heart, and to speak it clearly, and plainly, and then to leave it to your clemency and justice, and I hope if any thing shall slip from me (to work contrary to my meaning, and Intention disorderly or ill placed) you will be pleased to make a favourable Construction, and leave me 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 years, as well known eI lived near thirty years in the Society of Grays-inn; 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 tire and weary him out, he had his chiefest encouragement, and help from me. I have M. Speaker been now 15 years of the King's council; from the first hour 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 years, to prefer me to two places; first to be chief Justice of the Common Pleas; and then Lord Keeper of his Great seal: I say it in the presence of God, I was so far from the thought of the one, and the ambition of the other, that if my Master the King, his Grace and goodness had not been, I had never enjoyed those Honours. In all that time, I may speak 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 to man, which are aptest to mislead a Judge, Friendship and hatred, neither in the own, nor the other have I adhered. Those that know me, know me far from a vindicative nature. I cannot know, M. Speaker, what particulars there are by which you have an ill opinion of me, and therefore I shall come very weakly armed: Yet these, that either in my own knowledge or such knowledge as is given me, and not from any of this house, I shall speak somewhat that I hope, being truth and accompanied with clearness 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 hour I went out, I do appeal to all that were then; if I served not you with candour. 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 grief in it, and I hope there are some do remember, no man within the walls of this House did express more symptoms of Sorrow than I did. After an adjournment for two or three days, it pleased his Majesty to send for me, to let me know, he could not so resolve of things as he desired, and therefore was desirous there might be an adjournement for some few days more. I protest, I did not then discern 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 days, and forthwith upon the delivery of the mesuage, to come and wait upon him. He likewise commanded me, if questions were offered to be out, upon my Allegiance I should dare to do it. How much than did I in all humbleness reason with his majesty, is not for me here to speak; only thus much let me say. I was no author of any council in it, I was only person in receiving Commission. I speak not this, as any thing I now produce, or do invente, or take up for mine own excuse, but what is known to divers, and some honourable 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 been any man's cause as it was mine, between the displeasure of a gracious King, and the ill opinion of an honourable Assembly. I beseech you lay altogether; lay my first actions and behaviour with the last, I shall submit with your honourable and favourable constructions. For the shipping business, my opinion in that cause hath lain heavy upon me; and I shall clearly and truly present unto you what every thing is, with this protestation, (that if in reckoning up mine own 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 far from justifying of it, but submit that and all other my actions to your wisdom and goodness: Master Speaker, the first Writs that were sent out about shipping business, I had no more knowledge of it, and was as ignorant as any one member of this House, or any man in the kingdom, I was never the author or deviser of it▪ and will boldly say, from the first hour, I did never advise or council the setting forth of any ship Writs in my life. Master Speaker, it is true, that I was made chief Justice of the common Pleas some four days before the Ship-writs went out to the Ports and Maritine places (as I do remember) the 13 of October, 1634, they do bear test: And I was sworn chief Justice the 16 of October, so as they went out in that time, but without my knowledge or privity, the God of Heaven knows this to be true. Master Speaker, afterwards his Majesty was pleased to command my Lord chief Justice of the King's Bench, that then was (Sir Thomas Richardson) and chief Baron of the Exchequer that now is, and myself, then chief of the Common Pleas, to take into consideration the precedent then brought unto us, which we did, and after returned to his Majesty what we had found out of these precedents. It is true, that afterwards his Majesty did take into consideration, that if the whole kingdom were concerned, that it was not reason to lay the whole burden upon the Cinque Ports and Maritine towns. Thereupon, upon what ground his Majesty took that into his consideration, I do confess I do know nothing of it. His Majesty did command my Lord chief Justice that now is, my Lord chief Baron, and myself, to return our opinions; whether, when the whole kingdom is in danger, and the kingdom in general is concerned, it be not according to Law and reason, that the whole kingdom, and his Majesty and all interessed therein, should join in defending and preserving thereof. This was in time, about one 1634. In Michaelmas term following, his Majesty commanded me to go to all the Judges, and require their opinions in particular. He commanded me to do it to every one, and to charge them upon their duty and allegiance, to keep 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 own private reason. I know very well, that extrajudicial opinion of Judges ought not to be binding. But I did think, and speak my heart and conscience freely; myself, and the rest of the Judges being sworn and by our oaths tied to counsel the King when he should require advise of us, that we were bound by our oaths and duties to return our opinions. I did obey his majesty's command, and do 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 own consciences and liberty; for I was left the liberty of my own by his Majesty, and had reason to leave them the liberty of their own 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 appear, and I beseech you that extravagant speeches may not move against that which is a positive and clear 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 between me and them. Master Speaker, against a Negative, I can say nothing, but I shall affirm nothing unto you, but by the grace of God, as I affirm it to be true, so I make no doubt of making it appear 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 Crook. Master Justice Crook made not a scruple of the thing, but of the introduction, for it was thus: That whereas the Ports and the Maritine towns were concerned; there according to the precedents in former times, the charge lay on them. So when the kingdom was in danger, of which his Majesty was the sole Judge; whether it was not agreeable to Law and reason, the whole kingdom to bear the charge; I left this case with Judge Crook. The next term I spoke with him, he could give me no resolution, because he had not seen the writs in former times, but did give his opinion, that when the whole kingdom 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 speak no more here, than I did openly in my argument in the Chequer Chamber. This is the naked truth: for Master Justice Hutton, he did never subscribe at all. I will only say this, that I was so far from pressing him to give his opinion, because he did ask 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 himself 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 think) 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 return (according to my duty) to my Master the King, and delivered them to him: in whose custody they be in. In February 1636, upon a command that came from his Majesty, by one of the than Secretaries of State; the Judges all assembled in Grays-inn, we did then fall into a debate of the case then sent unto us, and we did then return 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 maintenance of my opinion; and that was all I did. It is true that then at that time, Master Justice Hutton, and Master Justice Crook, did not differ in the mean point, which was this; When the kingdom was in danger, the charged aught to be borne by the whole kingdom. But this point, whether the King was the sole Judge of the danger? they differed. So as there was between the first subscription, and this debate, and consultation, some 15. months' differance? It is true, that all of them did then subscribe, both Justice Hutton, and Justice Crook, which was returned to his Majesty, and after published by my Lord Keeper (my predecessor) in the state-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 Crook, (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 business, 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 Hampden's; 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 four things, very briefly, what I then declared. First concerning the matter of danger, and necessary of the whole kingdom. I profess that there was never a Judge in the kingdom did deliver an opinion, but that it must be in a case of apparent 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 myself as free and as clear as any man did, that the King ought to govern by the positive laws of the kingdom, that he could not alter nor change, nor innovate in matters of Law, but by common consent in Parliament. I did further 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 kingdom, The judgement did warrant no such thing: My opinion in this business, I did in my conclusion of my argument submit to the judgement of this House. I never delivered my opinion that money ought to be raised, but Ships provided for the defence of this kingdom, and in that the writ was performed. And that the charge ought not to be in any case, but where the whole kingdom was in danger. And Master Justice Hutton, and Master Justice Crook, were of the same opinion with me. I do humbly submit, having related unto you my whole carriage in this business, humbly submitting myself to your grave and favourable consures, beseeching you not to think that I delivered these things with the least intention to subvert or subject the common Law of the kingdom, or to bring in or to introduce any new way of government, it hath been far from my thoughts, as any thing under the heavens. Master Speaker, I have heard too that there hath been some ill opinion conceived of me about forest business, 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 sickness of Master Noye, to give some short warning to prepare myself for that employment. When I came there, I did both the King and commonwealth acceptable service, for I did and dare be bold to say, with extreme danger to myself and fortune, (some do understand my meaning here in) ran through that business, and left the Forre●● as much as was there. A thing in my judgement considerable for the advantage of the commonwealth, as could be undertaken. When I went down about that employment, I satisfied my sulfe about the matter of perambulation. There were great difficulty of opinions, what perambulation was. I did arm 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 weight, as were not fit to stir them, I would not do 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 confer to with them; the Country did unanimously subscribe. It fell out afterwards, that the King commanded me, and all this before I was chief Justice, togo into Essex, and did, then tell me he had been informed, that the bounds of the forest were narrer, then in truth ought they to be; and I did according to his command. I will here profess that which is known to many, I had no thought or intention of enlarging the bounds of the forest, further than 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 do it; and then according to my duty, I did produce these Records which I thought fit for his majesty's service, knowing them to discharge themselves as by Law and Justice they might do. I did never in the least kind, go about to overthrow the charter of the Forest. And did publish and maintain Charta de Forest●, as a sacred thing and no man to violate it, and aught to be preserved for the King and commonwealth. I do in this humbly submit, and what I have done, to the goodness and Justice of this House. FINIS.