THE SPEECH OR DECLARATION OF THE LORD FAVLKLAND, TO THE LORDS OF the Vpper Houſe, upon the delivery of the Articles of the Commons Aſſembly in Parliament: AGAINST THE LORD FINCH.
LONDON, Printed for John Bartlet, and are to be ſold at Auſtins Gate. 1641.
THESE Articles againſt my Lord FINCH being read, I may be bold to apply that of the Poet, Nil refert tales verſus qua voce legantur; and I doubt not but your Lordſhips muſt be of the ſame2 opinion, of which the Houſe of Commons appeares to have bin, by the choyce they have made of me, that the Charge I have brought is ſuch, as needs no Aſſiſtance from the bringer, leaving not ſo much as the colour of a colour for any defence, including all poſſible Evidence, and all poſſible Aggravation (that addition alone excepted) which he alone could make, and hath made, I meane his Confeſſion, included in his flight.
Here are many and mighty Crimes, Crimes of Supererogation, (So that High Treaſon is but a part of his Charge) purſuing him fervently in every ſeverall condition, (being a ſilent Speaker, an unjuſt Judge, and an unconſcionable Keeper.) That his Life appeares a perpetuall Warfare (by Mines, and by Battery, by Battell, and by Stratagem) againſt our fundamentall Laws, which (by his owne confeſſion) ſeverall Conqueſts had left untoucht, againſt the excellent Conſtitution of this Kingdome, which hath made it appeare to Strangers rather an Idea, then a reall Common-wealth, and produced the honour and happineſſe of this to be a wonder of every other Nation, and this with unfortunate ſucceſſe, that as he alwayes intended to make our Ruines a ground of his advancement; ſo his3 advancement the meanes of our further ruine.
After that, contrary to the further end of his place, and the end of that meeting in which he held his place, he had as it were, gagg'd the Common-wealth, taking away, (to his power) all power of ſpeech from that body of which he ought to have bin the Mouth, and which alone can perfectly repreſent the condition of the people, whom that only repreſents, which if he had not done, in all probability, what ſo grave and judicious an Aſſembly might have offered to the conſideration of ſo gracious and juſt a Prince, had occaſioned the redreſſe of the grievances they then ſuffered, and prevented thoſe which we have ſince endured, according to the ancient Maxime of Odiſſe quos laeſeris: he purſued this offence towards the Parliament, by inveighing againſt the Members, by Scandalizing their proceedings, by trampling upon their Acts and Declarations; by uſurping and devolving the Right; by diminiſhing and abrogating the power, both of that and other Parliaments, and making them (as much as in him lay) both uſeleſſe and odious to his Majeſtie, and purſued his hatred to this fountaine of Juſtice by corrupting the ſtreames of it, the4 Laws; and perverting the Conduit pipes, the Judges.
He practized the annihilating of Ancient, and Notorious perambulations of particular Forreſts, the better to prepare himſelfe to annihilate the Ancient, and Notorious perambulation of the whole Kingdome, the Meeres and bounders between the liberties of the Subject and Soveraigne power; he endeavoured to have all tenures in durante bene placito, to bring al Law from his Majeſties Courts, into his Majeſties breſt: he gave our goods to the King, our Lands to the Deere, our Liberties to his Sheriffes; ſo that there was no way by which we had not been oppreſt, and deſtroyed, if the power of this perſon, had been equall with his will: Or that the will of his Majeſty, had been equall to his power.
He not onely by this meanes, made us lyable to all the effect of an Invaſion from within, (and by deſtruction of our Liberties, which Included the deſtruction of our propriety; which Included the deſtruction of our Induſtry) made us lyable to the terribleſt of all Invaſions: that of want, and povertie. So that if what he plotted, had5 taken Roote (and he made it, as ſure as his Declaration could make it (what himſelfe was not) Parliament Proofe) in this wealthy, and happy Kingdome, there could have beene left, no abundance but of grievances, and diſcontentment, no ſatiſfaction but amongſt the guiltie. It is generally obſerved of the Plague, that the Infection of others, is an earneſt, and conſtant deſire of all that are ſeized by it: and as this deſigne reſembles that diſeaſe, in the ruine, deſtruction, and deſolation, it would have wrought, ſo it ſeemes noe leſſe like it in this effect: He having ſo laboured to make others ſhare in that guilt, that his ſollicitation, was not only his Action, but his workes, making uſe both of his Authority, his Intereſſe, and Importunity, to perſwade; and in his Majeſties name (whoſe piety is knowne to give that Excellent Prerogative to his perſon, that The Law gives to his place, not to be able to do wrong) to threaten the reſt of the Iudges, to ſigne opinions contrary to Law, to aſſigne anſwers contrary to their opinions, to give Iudgment which they ought not to have given, and to recant Iudgment, when they had given as they ought, ſo that whoſoever conſiders6 his care of, and Concernment, both in the growth and the Immortality of this project, cannot but by the ſame way, by which the wiſeſt Iudgment found the true Mother of the Child, diſcover him not onely to have been the Foſterer, but the Father, of this moſt pernicious, and envious deſigne.
I ſhall not need to obſerve that this was plotted and purſued by an Engliſh man, againſt England, (which encreaſeth the Crime in no leſſe degree then parricide is beyond Murther) that this was done in the greateſt matter joyned to the greateſt Bond, being againſt the generall libertie, and publique propriety, by a ſworne Iudge, (and if that ſalt it ſelfe, becauſe unſavory, the Goſpel it ſelfe, hath deſign'd whither it muſt be caſt) that he poyſoned our very Antidotes, and turned our Guard into a deſtruction, making Law the ground of Illegality: that he uſed this Law not onely againſt us, but againſt it ſelfe, making it as I may ſay, Felo de ſe, making the pretence, (for I can ſcarſe ſay, the appearance of it) ſo to contribute the utter ruine of it ſelfe.
I ſhall not need to ſay, that either this (or none can be) of the higheſt kind, and in the higheſt degree of Parliamentary7 Treaſon, a Treaſon which need not a computation of many ſeverall Actions, which alone were not Treaſon, to prove a Treaſon altogether, and by that demonſtration of the intention, to make that formality Treaſon which were materially but a miſdemeanor, a Treaſon, aſwell againſt the King, as againſt the Kingdome, for whatſoever is againſt the whole, is undoubtedly againſt the head, which takes from his Majeſty, the ground of his Rule, the Lawes, (for if foundations be deſtroyed, the Pinnacles are moſt endangered) which takes from his Majeſty the principall honour of his Rule, the Ruling over Free-men, (a power as much Nobler then over Villaynes, as that is that's over Beaſts) which endeavored to take from his Majeſty, the principall ſupport of his Rule, their hearts and affections over whom he Rules (a better and ſurer ſtrength and wall to the King, then the Sea is to the Kingdome) and by begetting a mutuall diſtruſt, and by that a mutuall diſaffection betweene them, to hazard the danger even of the deſtruction of both.
My Lords, I ſhall the leſſe need to preſſe this, becauſe8 as it were unreaſonable in any caſe to ſuſpect your Iuſtice, ſo here eſpecially, where your Intereſt ſo neerely unites you, your great ſhare in Poſſeſſions, giving you an equall concernment in propriety, the care and paines uſed by your Noble Anceſtors in the founding & aſſerting of our comon Liberties, rendring the juſt defence of them, your moſt proper and peculiar Inheritance, and both exciting to oppoſe and extirpate all ſuch deſignes as did introduce, and would have ſettled an Arbitrary, that is, an Intollerable forme of Government, and have made even your Lordſhips and your poſteritie but Right Honourable Slaves.
My Lords, I will ſpend no more words, Luctando cum larva, in accuſing the Ghoſt of a departed perſon, whom his crimes accuſe more then I can doe; and his abſence accuſeth no leſſe then his Crime. Neither will I excuſe the length of what I have ſayd, becauſe I cannot adde to an Excuſe, without adding to the Fault, or my own Imperfections, either in the matter or manner of it, which I know muſt appeare the greater, by being compared with that Learned Gentlemans great ability, who hath preceded9 me at this time: I will only deſire by the Command, and in the behalfe of the Houſe of Commons, that theſe proceedings againſt the Lord FINCH, may be put in ſo ſpeedy a way of diſpatch, as in ſuch caſes the courſe of Parliament will allow.
(EEBO-TCP ; phase 2, no. A85087)
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