Cobbett's Complete Collection of State Trials, and Proceedings for High ...

151. Proceedings in Parliament against JOHN Lord FINCH,* Baron of FORDWICH, Lord Keeper, for High Treason: 16 CHARLES I. A. D. 1640. [4 Rushworth, 124. 2 Cobb. Parl. Hist. 685.]

THE House of Commons having secured that great statesman the earl of Strafford, and that zealous Churchman archbishop Laud; began to prepare an Impeachment against the great officer of the law, the Lord-Keeper Finch, of High-Treason.

December 14, 1640, a Committee was ap pointed to prepare a Charge against him; of which he having notice, sent to the House of Commons a Letter, desiring to be admitted to speak for himself, before any Vote passed against him. Upon this Letter there arose a great debate in the house, and after some time spent therein, it was granted him; and Monday Dec. 21, was appointed for the hearing of him.

On Monday he was admitted in this manner; there was a chair set for him to make use of if he pleased, and a stool to lay the purse upon, a little on the side of the bar on the left hand as you come in; he himself brought in the purse, and laid it in the chair, but would not sit down himself nor put on his hat, though he was inoved to it by Mr. Speaker, but spake all the while bare-headed and standing; the Serjeant at Arms attending on the house, standing by him with the mace on his shoulder: And spake as

follows:

"Mr. Speaker; I do first present my most humble thanks to this honourable assembly for this favour vouchsafed 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

This Proceeding explains the manner of obtaining the Judges Opinions in Mr. Hampden's Case about Ship-Money, vol. 3, p. 825; as also the Lord Keeper's Reasons for what he did as Speaker in the Parliament A. D. 1629, for which see vol. 3, p. 235.

VOL. IV.

opinion of those that have drawn me hither. I do profess in the presence of Him that knoweth all hearts, that I had rather go from door to door, and crave da obolum Belizario, &c. with the good opinion of this assembly, than_live and 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 my opinions; but to make a plain and clear narration for myself, and then humbly to submit to the wisdom and justice of this house myself, and all that concerns me.

"I do well understand, Mr. Speaker, with what disadvantage any man can speak in his own cause, and if I could have told how to have transmitted my thoughts and actions, by a clearer representation of another (I do so much defy my own judgment in working, and my. ways in expressing), that I should have been a most humble suitor another might have done? it. But this house will not take words, but with clear and ingenuous dealing; and therefore I shall beseech them to think, 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 leave it to your clemency and justice: and I hope if any thing shall slip from me, to work contrary to my meaning, or 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, what, and under whom for many years, is well known; I lived near thirty years in the Society of Gray'sInn: and if one that was a reverend preacher in my time (Dr. Sibbs) were now alive, he were able to give testimony to this house, that when a party ill-affected in Religion sought to weary

him, and tire him out, he had his chicfest encouragement from me.

"I have now, Mr. Speaker, been fifteen years of the King's Council; from the first hour to this minute, no man is able to say that ever I was author, adviser, or consenter to any project. It pleased the king, my gracious master, after I had served him divers ycars, to prefer me to two places; to be Chief-Justice of the Common Pleas, and then Keeper of his GreatSeal: I say it in the presence of God, I was so far from the thought of the one, and from the ambition of the other, that if my master's grace and goodness had not been, I had never enjoyed those honours.

"I cannot tell, Mr. Speaker, nor I do not know what particulars there are, that may draw me into your disfavour or ill opinion, and therefore I shall come very weakly armed; yet to those that either in my own knowledge, or by such a knowledge as is given me, and not from any in this house, I shall speak somewhat, that I hope, being truth, and accompanied with clearncss and ingenuity, will at last procure some allay of that ill opinion which may perhaps be conceived of me.

"Mr. Speaker, I had once the honour to sit in the place that you do: from the first time I came thither to this unfortunate time, I do appeal to all that were here then, if I served you not with candour. Ill office I never did to any of the house, good offices I have witnesses enough I did many; I was so happy, that upon an occasion which once happened, I received an expression and testimony of the good affection of this house towards me. For the last unhappy day, I had great share in the unhappi- | ness and sorrow of it. I hope there are enough do remember, no man within the walls of this house did express more symptoms of sorrow, grief, and distraction, than I did.

"After an adjournment for two or three days, it pleased his majesty to send for me, to let me know that he could not so resolve of things as he desired, and therefore was desirous that there might be an adjournment for some few days more. I protest I did not then discern in his majesty, and I believe it was not in his thoughts, to think of the dissolving of this assembly; but was pleased, in the first place, to give me a command to deliver his pleasure to the house for an adjournment for some few days, till the Monday following, as I remember, and commanded me withal to deliver his pleasure, that there should be no further speeches, but forthwith upon the delivery of the message come and wait upon him: he likewise commanded me, if questions were offered to be put, upon my allegiance I should not dare to do it. How much I did then 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 counsel in it. I was only a person in receiving commission; I speak not this, as any thing I now produce or do invent, or take up for my own excuse, but that which 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 case, as it was mine, between the displeasure of a gracious king, and the ill opinion of an honourable assembly; I beseech you lay all together, lay my first actions and behaviour with the last, I shall submit to your honourable and favourable constructions. "For the Shipping business, my opinion of that cause hath lain heavy upon me; I shall clearly and truly present unto you what every thing is, with this protestation, that if in reckoning up my own opinion what I was of, or what I delivered, any thing of it be 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.-Mr. Speaker, the first writs that were sent out about the Shipping-business, I had no more knowledge of, and was as ignorant as any one member of this house, or any man in the kingdom. I was never the author nor adviser of it, and will boldly say, from the first to this hour, I did never advise nor counsel the setting forth of any Ship-Writs in my life.

"Mr. 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 maritime places; as I do remember, the 20th of Oct. 1634, they do bear teste, and I was sworn justice the 16th 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.

"Mr. 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 Justice of the Common-pleas, to take into consideration the Precedents then brought unto us; which we did, and after returned to his majesty, what we had found out of those 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 burthen upon the CinquePorts and Maritime 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 ChiefJustice 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 interested therein, should join in defending and preserving thereof? This was, in time, about 1634. In Michaelmasterm 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 *.

* See Peacham's Case, vol. 2, p. 88: and "Luders' Observations," there referred to.

"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 Opinious, I did return according to my duty to my master the king, and delivered them to him; in whose custody they be.

"Mr. Speaker, it was never intended by his | him sometimes sent for, to give his Opinion, I majesty (so professed by him) at that time, and besteched his majesty to leave him to himself so declared to all the Juages, that it was not and his conscience: and that was the ill office required by him, to be such a binding Opinion I did. to the Subject, as to hinder him from calling it in question, nor be binding to themselves, but that upon better reason and advice they may alter it; but desire their Opinions, for his own private reason. I know very well, that extrajudicial Opinions 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 advice 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 menace; 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.

Mr. Speaker, in the discourse of this (as is between Judges) some small discourses sometimes arose, yet never was any cause wherein any Judges conferred, that were so little conference as between me and them. Mr. 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 inaking 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, Mr. Justice Hutton, and Mr. Justice Croke. Mr. Justice Croke made not a scruple of the thing, but of the introduction; for it was thus: That 'whereas the Ports and the Maritime towns 'were concerned, there according to the pre'cedents in former times, the charge lay on them. So when the kingdom was in danger, of which his majesty was the sole judge; whe'ther it was not agreeable to law and reason, the whole kinglom to bear the charge?' I left this case with judge Croke.

"The next Term I spake 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, the charge 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 Exchequer Chamber. This is the naked truth: for Mr. 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

"In February, 1636, upon a command that came from his majesty, by one of the then Secretaries of State, the Judges all assembled in Gray'-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, Mr. Justice Hutton, and Mr. Justice Croke, did not differ in the main point, which was this: When 'the kingdom was in danger, the charge ought to be borne by the whole kingdom.' But in 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 fifteen months difference.

"It is true, that all of them did then subscribe, both justice Hutton, and justice Croke, which was returned to his majesty, and after published by my Lord Keeper, my predecessor, in the Star-Chamber. For the manner of pub lishing 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 Croke, 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 in'cluded.'

"And now I have faithfully delivered what I did in that business, till I came, which was afterwards, to my Argument in the ExchequerChamber: for the question was, a Scire Facias issued out of the Exchequer in that Case of Mr. Hampden's; of which I can say nothing, for it was there begun, and afterwards rejourned, to have advice of all the Judges.

"Mr. Speaker, amongst the rest, according to my duty, I argued the case. I shall not trouble you, to tell you what my Argument was, I presume there are copies enough of it; only I will tell you there are four things, very briefly, that I then declared. First, concerning the matter of danger, and necessity 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

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