THE JUDGES JUDGEMENT A SPEECH Penned in the beginning of the Parliament against the judges.  Per ignotum quendum. 
Printed for John Aston; 1641.   

A SPEECH Against the Judges per Jgnotum quendam.  
Mr. Speaker,  
IT was a custom amongst the Romans (who as by their power they once gave laws, so by the happy success of their long flourishing Government, might they well give examples to all the world) that in their Senate's the youngest men spoke first: partly that they might not have their weaker notions anticipated by the more knowing Senators. And partly for that the Senate might not be diverted from the mature resolutions of the more Ancient by the interpositions of the younger men; They as all free States ever allowing free members to express themselves according to their several capacities. And me thinks 'twas a happy Method. So your opinions and inclinations of the Assembly being discovered and ripened to resolution by such gradations, the sentences of the Sages sounded as Judgements, not orations, their wisdom and gravity put a seasonable Period to others, perhaps otherwise endless discourses.  
Their precedent encourages me, (who worst may) to break the Ice: Children can lay their fingers on the Sore, point out their pain; and Infant Graduates in Parliament may groan out the grievances of a diseased Commonwealth, but they must be Doctors in the Art of government that can apply apt remedies to recover it.  
Mr. Speaker, Ancient and approved hath been that Parallel of the body politic with the body natural: 'Tis the part of the Patients in either distempered, to impart freely their griefs to the Physicians of the body or state, if they expect a cure.  
This Commonwealth is (or should be) but one body. This house the great Physician of all our maladies, and alas Mr. Speaker, of what afflicted part shall we poor Patients complain first? Or rather of what shall we not complain?  
Are we not heartsick? Is there in us that which God requires, unity, purity, & singularity of heart? Nay is not Religion (the soul of this body) so miserably distracted, that I speak it with terror of heart, 'tis to be feared there is more confusion of Religions amongst us, than there was of tongues at the subversion of Babel: And is it not then high time that we understand one another, that we were reduced to one Faith, one Government.  
Sir, Is the head whole: The seat of Government and Justice, the Fountain from whose sweet influence all the inferior members of this body should receive both vigour and motion: Nay, hath not rather a general Apoplexy, or Palsy, taken, or shaken all our members? Are not some dead? Others buried quick? Some dismembered, all disordered by the diversion of the course of Justice.  
Is the Liver (Nature's exchequer) open; from whose free distribution each limb may receive his proper Nutriment, or rather is it not wholly obstructed? Our property taken from us? So that it may, Properly be said of us. Sic vos non vobis fertis aratra, our Ancestors drunk the juice of their own Vines, reaped and eat the fruit of their own harvest. But now the poor man's Plough goes to furrow the Seas, to build Ships: we labour not for ourselves but to feed excressions of Nature, things grown up out of the Ruins of the natural members. Monopolists.  
Sir, These are Maxim vitalia; Religion, Justice property; The heart, the head, the Liver of this great body, and these distempered or obstructed, can the subordinate parts be free? No Sir, the truth is; all is so fare out of frame, that to lay open every particular grievance were to drive us into despair of cure: In so great confusion where to begin first, requires not much less care than what to apply.  
Mr. Speaker, I know 'tis a plausible motion to begin with setting God's house in order first: who presses that moves with such advantage, that he is sure no man will gainsay him. 'Tis a well becoming zeal to prefer Religion before our own affairs, and indeed 'tis a duty not to be omitted; where they are in equal danger: But in cure of the body politic or natural we must still prefer the most pressing exigents.  
Physicians know that Consumptions, Dropsies, and such like linger diseases are more mortal, more difficult to cure them slight external wounds: yet if the least Vein be cut, they must neglect their greater cures to stop that, which if neglected must needs exhaust the stock of nature, and produce a dissolution of the whole man.  
A Defection from the duties of our Religion is a Consumption to any State, no foundation is firm that is not laid in Christ.  
The Denial of Justice, the abridgement of our liberties, is such an obstruction as renders the Commonwealth Leprous; but the wounds in our property let's out the life-blood of the people.  
The Reformation of Church-government must necessarily be a work of much time, and God be thanked the disease is not desperate; We serve one God, we believe in one Christ, and we all acknowledge and profess one Gospel. The difference is only de modo, we vary but in Ceremonies to reduce, which to the Primitive practice, must be a work of great debate, is not a work for us alone to settle.  
The stop of justice, can yet Injure but particulars, 'Tis true, there may be many, too many instances of strange oppressions, great oppressors, but 'twill be hard to judge the Conclusion. Et sic de caeteris  
But take from us the propriety of our estates, our subsistence, we are no more a people. This is that vein which hath been so deep cut, so fare exhausted, that to preserve our being, we must doubtless first stop this current: Then settle Rules to live by, when we are sure to live.  
Mr. Speaker, he that well weighs this little word property, or propriety in our estates, will find it of a large extent; The Leeches that have sucked this blood, have been Excise, Benevolences, Loans, Impositions, Monopolies, Military Taxes, Ship-money (cum multis aliis) all which spring from one Root.  
And is it not high time to grub up that Root that brings forth such fruit? Shall we first stand to lop the branches one by one, when we may down with all at once? He that to correct an evil tree, that brings forth bad fruit shall begin at the Master bough, and so lop downwards, is in danger to fall himself before the Tree falls. The safer and speedier way is to begin at the Root, and there with submission to better judgements would I lay to the Axe.  
The Root of most of our present mischiefs, and the ruin of all posterity, do I hold, to be that extrajudicial (Judgement I cannot say, but rather) doom delivered by all the Judges under their hands out of Court yet recorded in all Courts, to the subversion of all our fundamental Laws, Liberties, and Annihilation, if not Confiscation of our estates. That in case of danger, the King may impose upon his Subjects, and that he is the Sole Judge of the danger, necessity & proportion, which in brief, is to take what, when, and where he will, which though delivered in the time of a gracious and merciful Prince, who we hope will not wrest it beyond our abilities, yet left to the Interpretation of a succeeding Tyrant, if ever this Nation be so unfortunate to fall into the hands of such; it is a Record wherein every man may read himself a slave that reads it, having nothing he can call his own, all prostitute to the will of another.  
What to do in such a case we are not to seek for precedents, our Honourable Ancestors taught us in the just and exemplar punishments of chief Justice, Tresilian and his Complices (for giving their Judgements out of Parliament, against the established Laws of Parliament) how tender they were of us, how careful we ought to be to continue those Laws, to preserve the Liberty of our Posterity.  
I am far from maligning the person, not in my heart wish I the Execution of any man, but certainly it shall be a justice well becoming this House, to lay their Heads at his Majesty's mercy, who had laid us under his feet, who had made us but Tenants at will of our Liberties and Estates.  
And though I cannot but approve of Mercy, as a great Virtue in any Prince, yet I hearty pray it may prove a Precedent as safe and useful to this oppressed State, as that of Justice.  
Mr. Speaker, blasted may that Tongue be that shall in the least degree derogate from the Glory of those Halcyon days our Fathers enjoyed, during the Government of that ever blessed, never to be forgot Royal Elizabeth. But certainly I may safely say (without detraction) it was much advantage to the peace and prosperity of her Reign, that the great Examples of Empson and Dudley, were then fresh in Memory: The Civility of our Laws tell us, that Kings can do no wrong, and then is the State secure, when Judges (their Ministers) dare do none. Since our times have found the want of such examples, 'tis fit we leave some to Posterity. God forbidden all should be thought or found guilty, there are doubtless some Ringleaders, let us sift out them. In public Government to pass by the Nocent is equal injustice, as to punish the Innocent. An omission of that duty now, will be a guilt in us, render us shamed in History, cursed by Posterity, our gracious and (in that act of voluntary Justice) most glorious King, hath given up to the satisfaction of his afflicted People, the Authors of their Ruins: the power of future preservation is now in us. Et qui non servat patriam, cum potest, idem facit destruenti patriam.  
What though we cannot restore the damage of the Commonwealth, we may yet repair the breaches in the bounds of Monarchy. Though it be with our loss and charge, we shall so leave our children's children, fenced as with a wall of safety; by the restauration of our Laws, to their ancient Vigour and Lustre.  
'Tis too true, that 'tis to be feared, the Revenues of the Crown sold outright, would scarce remunerat the injuries, repay the losses of this suffering Nation, since the pronouncing of that fatal Sentence. What proportionable satisfaction than can this Commonwealth receive, in the punishment of a few inconsiderable Delinquents? But 'tis a Rule valid in Law, approved in equity that Qui non habent in crumen Luant in Corpore. And 'tis without all question in policy, exemplar punishments conduce more to the safety of a state, then pecuniary reparations; Hope of impunity lul's every bad-great-officer into security for his time, and who would not venture to raise a Fortune, when the allurements of honour and wealth are so praevalent, if the worst is can fall be but Restitution.  
We see the bad effects of this bold-erroneous opinion; what was at first, but corrupt Law; by encouragement taken from their impunity, is since become false Doctrine, the people taught in Pulpits, they have no property, Kings instructed in that destructive principle, that all is theirs, and is thence deduced into necessary state-policy, whispered in counsel, That he is no Monarch, who is bounded by any Law.  
By which bad consequences, the best of Kings, hath been by the infusion of such poisonous positions diverted from the sweet inclinations of his own Natural Equity and justice, the very essence of a King taken from him, which is preservation of his people: and whereas Salus populi is, or should be Suprema Lex, the power of undoing us, is masqued under the stile of what should be Sacred Royal Prerogative.  
And is it not high time for us to make examples of the first Authors of this, subverted Law, Bad Counsel, worse Doctrine?  
Let no man think to divert us from the pursuit of justice, by poisoning the clear streams of our affections, with jealous fears of his Majesty's Interruption, if we look too high. Shall we therefore doubt of Justice, because we have need of great justice? We may be confident the King well knows, That his justice is the Band of our allegiance: that 'tis the staff, the proof of his Sovereignty.  
'Tis a happy assurance of his intentions of grace to us, that our Loyalty hath at last won him to tender the safety of his people: and certainly (all our Pressures well weighed this 12. Years last passed) it will be found the passive Loyalty of this suffering Nation, hath outdone the active duty of all Times and Stories. As the Poet hath it, fortiter ille facit, qui miser esse potest: I may as properly say, Fideliter fecimus, we have done loyally to suffer so patiently.  
Then since our Royal Lord hath in mercy visited us, let not us doubt, but in his Justice he will redeem his people. Qui timidè rogat docet negare. But when Religion is innovated, our Liberties violated, our Fundamental Laws abrogated, our modern Laws already obsoleted, the propriety of our Estates alienated. Nothing left us, we can call our own, but our misery and our patience: if ever any Nation might justifiably, this certainly may now, now most properly, most seasonably cry out, and cry aloud, vel Sacra Regnet justitia, vel Ruat Coelum.  
Mr. Speaker, the sum of my humble motion is, that a special Committee may be appointed, to examine the whole carriage of that extrajudicial judgement. Who were the Counsellors, Solicitors, and Subscribers to the same: the Reasons of their Subscription, whether according to their opinions; by importunity or pressure of others, whether pro forma tantum. And upon report thereof to draw up a charge against the guilty, and then Currat Lex, Fiat Justitia.  
FINIS.