A SPEECH made by the Honourable DENZEL HOLLIS Esquire; at that time (when the Judges had their Charge) concerning Sir RANDOL GREW. London, Printed by E. G. for L. Blaikelocke, and are to be sold at his shop next Temple bar, in Fleetstreet. 1641. When the Charge went up against the Judges, I was appointed to carry up the desire of the House Concerning, S. R. C. MY Lords, These Gentlemen have represented unto your Lordships the sad object of justice perverted, liberty oppressed, of judgement turned into wormwood, the laws which should be the bars of our gates, to protect us, keep us, and all that is ours in safety, made weak and impotent, to betray us into the hands of violence, instead of props to support us, become broken reeds to deceive us, and run into our sides when we lean upon them, even so many snares to entrap and entangle us. And all this by the perfidiousness of those, who are entrusted with our laws, who call themselves the Guardians and the Interpreters of the Law, but by their accursed glosses have confounded the Text, and made it speak another language, and another sense, then ever our Ancestors the lawmakers intended. Our Ancestors made laws to keep themselves, their posterity after them in the possession of their estates; these Judges could make the Law itself rob us and despoileus of our estates. Were we invaded and persecuted at any time for pretended crimes, or rather because they were free from crime? and did we put ourselves upon a legal defence, and shelter ourselves under the buckler of the law, use those lawful weapons, which Justice and Truth and the common right of the subject did put into our hands; would this avail us? no, these Judges would make the Law wrest our weapons from us, disarm us, take away all our defence, expunge our answers, even bind us hand and foot, and so expose us naked & bound, to the mercilessness of our oppressors; were our persons forced and imprisoned by an act of power, would the law relieve us, when we appealed unto it? No, it would join hands with violence, and add bitterness to our sorrow; these judges would not hear us when we did cry, no importunity could get a Habeas Corpus; nay, our cries would displease them, and they would beat us for crying, and overdo the unjust judge in the gospel, with whom yet importunity could prevail? My Lords, The Commons of England finding themselves in this lamentable condition, by the wickedness of these judges; it is no wonder that we complain of them; it is no wonder, if the Knights, Citizens, and Burgesses assembled in Parliament, have sent up some of their members to stand upon Mount Ebal to curse these judges; to denounce a curse upon them who have removed our landmarks, have taken away the bound stones of the propriety of the subject, have left no Meum & Tuum, but he that had most might, had most right, and the law was sure to be of his side. It hath been the part of these Gentlemen who have spoken before me, to pray for justice upon those men, who would not do justice to others. My Lords, I come upon an other errand, and yet for justice too, for there is justice upon Mount Gerezim, as well as upon Mount Ebal. It is as great a point of justice to give a blessing, a reward, where it is due, as punishment where punishment is due: For reward and punishment, Praemium & poena, be the two legs that justice walks on, and reward is her right leg, the more noble and the more glorious supporter of that sacred and divine body, that which God himself the fountain of justice doth more delight in. Tardior ad poenas Deus est, ad praemia velox, Punishment is good, as physic in the consequence, reward as wholesome and nourishing food, in the essence; the one we do, because we must do it as necessary, the other, because we love to do it as being pleasing and delightful. Your Lordships then, I doubt not, will as willingly join with the Commons, in doing good to a good judge, as in punishing of the bad. My Lords, we honour them and reckon them Martyrs for the commonwealth, who suffer any thing by descending the common right of the subject, when they will not part with their own goods contrary to law; when indeed their private interest goes along with it, or rather before it, and the public concernment seems to come but in a second place, such were those many, whom these judges have oppressed; yet these men we magnify and judge worthy of praise and reward. But what honour then is he worthy of, who merely, for the public, hath suffered himself to be divested and deprived of his particular, such a judge as would lose his place, rather than do that which his conscience told him was prejudicial to the commonwealth: is not he worthy of double honour? And this did that worthy reverend judge, the chief judge of England at that time, Sir Randol Crew, because he would not by subscribing countenance the loan in the first year of the King, contrary to his oath and conscience, he drew upon himself the displeasure of some great persons about his majesty, who put on that project, which was afterwards condemned by the petition of right, in the Parliament of tertio as unjust and unlawful, and by that means he lost his place of chief justice of the King's bench, and hath these fourteen years by keeping his innocency lost the profit of that office, which upon a just calculation in so long a revolution of time, amounts to 26000● or thereabouts. He kept his innocency when others let theirs go, when himself and the commonwealth were alike deserted, which raises his merit to a higher pitch; For to be honest when everybody else is honest, when honesty is in fashion, and is Trump, as I may say, is nothing so meritorious; but to stand alone in the breach, to own honesty when others dare not do it, cannot be sufficiently applauded, nor sufficiently rewarded. And that did this good old man do: in a time of general desertion he preserved himself pure and untainted. Temporibusque malis ausus is esse bonus. My Lords, the House of Commons are therefore suitors unto your Lordships, to join with them in the representation of this good man's case unto his majesty, and humbly to beseech his majesty to be so good and gracious unto him, as to give him such honour (the quality of this case considered) as may be a noble mark of sovereign grace and favour, to remain to him and his posterity, and may be in some measure a proportionable compensation for the great loss he hath with so much patience and resolution sustained. FINIS.