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THE LORD FAVLKLAND HIS Learned SPEECH in Par­liament, in the Houſe of Commons, Touching the Judges and the late Lord Keeper.


Printed in the Yeare, 1641.


THE LORD FAULKLAND HIS Learned SPEECH in Parliament, in the Houſe of COMMONS.

Mr. Speaker:

I Rejoyce very much to ſee this day, and the want hath not laine in my affection, but in my lungs, if to all that hath paſt, my Tongue hath not beene as lowd as any mans in the Houſe, yet truely my opinion is, that we have yet done nothing, if we doe no more, I ſhall adde what I humbly conceive might be added, as ſoone as I have ſaid ſome­thing, with Reference to him that ſayes it.

I will deſire forgiveneſſe of the Houſe, if in ought J ſay, J ſeeme to intrench vpon a­nothers profeſſion, and enter upon the work2 of another Robe, ſince I have bin inſtructed by the report of a learned Committee, and confirmed by the uncontradicted vote of the whole Houſe, ſince J ſhall ſay norhing of this kind, but in order, to ſomewhat further, and which moves me moſt to venture my o­pinion, and to expect your pardon, ſince J am confident that Hiſtory alone is ſufficient to ſhew this judgement, contrary to our Lawes, and Logick alone ſufficient to prove it deſtructive to our properties, which every free and noble perſon values no leſſe then his profeſſion

I will next profeſſe that I know of my ſelfe, and all thoſe that knowe me, knowe it of me, that my naturall diſpoſition is farre from inclining to ſeverity, much leſſe to cruelty, That I have particular provocation from their perſons, and have particular ob­ligations to their callings, againſt whom I am to ſpeake.

And that though not for much, yet for more then all I have, ſo J hope it will be be­leeved, that onely publike intereſt hath ex­torted this from me, which J would not ſay, if I conceived it not both ſo true and ſo ne­ceſſary, that no meat undiſgeſted, can lye heavyer upon the ſtomacke then this unſaid, would have laine upon my Conſcience.

Mr. Speaker, the conſtitution of this Com­mon-wealth, hath ſtabliſht, or rather endea­voured3 to eſtabliſh to us, the ſecurity of our goods, and the ſecurity of thoſe Lawes, which ſhould ſecure us, and our goods, by appointing for us Iudges, ſo ſetled, ſo ſworne, that there can be no oppreſſion, but they of neceſſity muſt be acceſſary, ſince if they neither deny nor delay us Juſtice, which neither for the great nor little Seale, they ought to doe.

The greateſt perſon in the Kingdome can­not continue the leſt violence upon the mea­neſt. But this ſecurity, Mr Speaker, hath been almoſt our Ruine, (this Bulwarke) for us hath beene turned, or rather turned it ſelfe, into a Batterie againſt us, and thoſe perſons who ſhould have beene as Dogs to defend the flocke, have been the Woolves to worry it.

Theſe Iudges, Mr. Speaker, to inſtance not them onely, but their greateſt Crimes, have delivered an opinion, and a judgement, the firſt in an extrajudiciall manner, and both upon an extrajudiciall matter, that is ſuch as came notwithin their cognizance, they being Iudges of Law, and not of neceſſity, that is be­ing Iudges and neither Philoſophers, nor Po­lititians, in which, when it is abſolute, and evident, the law of the Land ſeaſeth, and that of generall reaſon and equitie, by which par­ticular Lawes at firſt were framed, returnes to her Throane and government, when ſalus populi becomes not only ſurema, but ſola le, at which time, and to which end, whoſoever4 would diſpenſe with the King, to make uſe of money, diſpenſes equally with us, to make uſe of his, and one anothers.

  • 1 In this judgement, firſt they contradict both many, and cleare Acts and Declarati­ons of Parliaments, and thoſe in this very caſe, and in this very Reign, ſo that for them, they needed to have conſulted with no other Records, then their Memories.
  • 2 Secondly they contradicted with appa­rent Evidences, by ſuppoſing mighty and e­minent dangers, in moſt ſerene, quiet and hal­cyon dayes, that culd poſſibly be imagined, a few contemptible Pyrats, being our moſt formidable enemies, and there being neither Prince nor State, with, and from whom we had not, either Ambaſsadors, or Amity, or both.
  • 3 Thirdly, they contradicted the writ it ſelfe, by ſuppoſing that ſuppoſed danger, to be ſo ſuddaine, that it could not ſtay for a Parliament, which required but forty dayes ſtay, the writ being in no ſuch haſte, but be­ing content to ſtay ſeaven months, which is that time foure times over.

Mr. Speaker, it ſeemed generally ſtrange, that they who ſaw not that Law, which all men elſe ſaw, ſhould ſee that danger, which no man ſaw, but themſelves, got, though this begot the more generall wonder, three other particulars begot the more generall indig­nation.

  • 5
  • 1 The firſt, that all the reaſons for this judgement were ſuch, that they needed not thoſe of the adverſe party, to helpe them to convert theſe few, who had before the leaſt ſuſpition of the Legality of that moſt ille­gall writ, there being fewer who approved of the judgement, then there were that judged it; for I am confident they did not that themſelves.
  • 2 The ſecond that when they had allowed to the King the ſole power in neceſſity, and the ſole judgement of neceſſity, and ſo ena­bled him to take from us, what he would, when he would, and how he would, they yet contemned us, enough, to offer to perſwade us, that they had left us our property.
  • 3 The third and laſt, and which J muſt confeſſe moved me moſt, that by the tranſ­formation of this Kingdome, from the eſtate of free Subjects, (a good Phraſe Mr. Speaker, un­der Doctor Heylins favour) into that of vil­laines, they diſabled us by legall and voluntarie ſupplyes, to expreſſe our affections to his Maje­ſty, and by that to cheriſh his to us, that is to Parliaments.

Mr. Speaker, the cauſe of all the miſeries we have ſuffered, and of all the jealouſies we have had, that we ſhould ſuffer more, is, that a moſt excellent Prince, hath bin moſt infi­nitely abuſed by his Iudges, telling him that6 in Law, his Divines telling him that in Con­ſcience, his Counſellors telling him that in policy, he might doe what he pleaſed: with the firſt of theſe we are now to deale, which may be a good leading cauſe to the reſt, and ſome in penning thoſe lawes, upon which, theſe men have trampled, our Anceſtors have ſhew­ed the utmoſt of care and wiſe dome, for our un­ſetled ſecurity, words having done nothing, and yet done all that words can doe, we muſt now bee forced to think of aboliſhing the grievers, of ta­king away this judgment, and theſe Iudges to­gether, & of regulating their ſucceſſors by their moſt exemplary puniſhments, who would not re­gulate themſelves by moſt evident lawes; of the degrees of this puniſhment, I will not ſpeak, I will onely ſay we have accuſed a great perſon of high Treaſon, for intending to ſubvert our funda­mentall lawes, and introduce arbitrary govern­ment, where is what we ſuppoſe he meant to doe, we are ſure theſe have done, there being no Law more fundamentall, then they have already ſub­verted, and no government more abſolute, then they have already introduced. Mr. Speaker, not onely the ſevere puniſhment, but even the ſudden removeall of theſe men, will have a very large effect, in one verie conſiderable conſideration, we onely accuſe, and the houſe of Lords condemnes, in which conſideration they uſually receive adviſe, (though not direction from the Iudges: And I7 leave it to every man to imagine how pre­judiciall to us, (that is to the Common-wealth) and how partiall to their fellow-ma­lefactors, the advice of ſuch Iudges is like to be, hovv undoubtedly for their owne ſakes they vvill conduce to their povver, that every action be judged to be a leſſe fault, and every perſon to be leſſe faulty, then in Juſtice they ought to be.

Amongſt theſe, Mr. Speaker, there is one whom I muſt not loſe in the crowde, whom J doubt not, but we ſhall find when we exa­mine the reſt of them, with what hopes they have been tempted, by what feares they have beene aſſayled, and by what, and by whoſe importunity, they have beene purſued, before they conſented to doe what they did, J doubt not I ſay, but we ſhall find him, to have bin a moſt admirable Soliciter, though a moſt a bominable Judge, he it is, vvho not onely gave away vvith his vvealth, what our An­ceſtours had purchaſed for us, at ſo large an expence, both of their time, their care, their treaſure, and their blood, and imployed an induſtrie as great as his injuſtice, to perſwade to joyne vvith him in that deed of gift, but others ſtrove to roote out thoſe liberties, wch we had cut downe, & to make our grievances mortall, and our ſlaverie irreparable, leſt any part of poſterity might want occaſion to curſe him, he declared that power to bee ſo8 inherent in the Crowne, that it vvas not in the power, even of a Parliament to divide them.

I have heard, Mr. Speaker, and I thinke here that Common Fame is ground enough for this Houſe to accuſe upon, and then undoub­tedly enough to be accuſed upon in this Houſe, they have reported this ſo generally, that I expect not you ſhovld bid the name whom you all know, nor doe I looke to tell you nevves, vvhen I tell you it is my Lord Keeper, but this I thinke fit to put you in mind, that his place admits him to his Ma­jſties eare, and truſts him vvith his Majeſties conſcience, and hovv pernitious every mo­ment muſt be to us, vvhilſt the one gives him meanes to infuſe ſuch unjuſt opinions of this houſe into his Majeſties eare, expreſt in that libell rather then declaration, of which many beleeve him to have beene a Se­cretary, & the other puts the vaſt and almoſt unlimited power of the Chancery into ſuch hands, which in the ſafeſt would be dange­rous, for my part, I can thinke no man here ſecure, that he ſhall find himſelfe worth any thing when he riſes, whilſt our eſtates are in his breaſt, who hath ſacrificed his Countrey to his ambition, whilſt he had proſtituted his owne conſcience, hath the keeping of the Kings, and he who hath undone us already by whole-ſale, hath power left in him of undoing us by retayle.

Mr. Speaker, in the beginning of this Par­liament,9 he told us, and I am confident every man here beleeved it, before he told it, and not yt more for his telling it, though a ſorry witneſſe is a good Teſtimony againſt him­ſelfe, that his Majeſtie never required any thing from any of his Miniſters, but Juſtice and integritie, againſt which if any of them have tranſgreſſed, upon their heades, and that de­ſervedly, it was to fall, And truely after hee hath in this ſaying propounded his own condem­nation, we ſhall be more partiall to him, then he is to himſelfe, if we ſlow to purſue it.

If therefore my juſt and humble motion, that we may chuſe a ſelect Cōmittee, to draw up his and their charge, and to examine the carriage of this particular, to make uſe of it in the charge, and if he being a Judge, ſhall be found guilty of tampering againſt the pub­lique propertie with Judges, who hath thought tampering with witneſſes in private defences, worthy of ſo ſevere a Fine, if hee ſhall be found to have gone before the reſt, to this judgement, and to have gone beyond the reſt in this Judgement, that in the pu­niſhment for it, the Iuſtice of this Houſe, may not deny him that due honour, both to preceed and exceed the reſt.


About this transcription

TextThe Lord Faulkland his learned speech in Parliament, in the House of Commons, touching the judges and the late Lord Keeper
AuthorFalkland, Lucius Cary, Viscount, 1610?-1643..
Extent Approx. 13 KB of XML-encoded text transcribed from 7 1-bit group-IV TIFF page images.
SeriesEarly English books online.
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(EEBO-TCP ; phase 2, no. A85084)

Transcribed from: (Early English Books Online ; image set 172296)

Images scanned from microfilm: (Early English books, 1641-1700 ; 2624:13)

About the source text

Bibliographic informationThe Lord Faulkland his learned speech in Parliament, in the House of Commons, touching the judges and the late Lord Keeper Learned speech in Parliament in the House of Commons touching the judges and the late Lord Keeper. Falkland, Lucius Cary, Viscount, 1610?-1643.. [2], 9 p. s.n.],[London :Printed in the yeare, 1641.. (Title vignette: a bee.) (Reproduction of original in the Henry E. Huntington Library and Art Gallery.)
  • Judges -- England.
  • Great Britain -- Politics and government -- 1625-1649.

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ImprintAnn Arbor, MI ; Oxford (UK) : 2011-04 (EEBO-TCP Phase 2).
  • DLPS A85084
  • STC Wing F320aA
  • STC ESTC R226454
  • EEBO-CITATION 45578372
  • OCLC ocm 45578372
  • VID 172296

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