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A85087 The speech or declaration of the Lord Faulkland, to the Lords of the Vpper House, upon the delivery of the articles of the Commons assembly in Parliament: against the Lord Finch. Falkland, Lucius Cary, Viscount, 1610?-1643. 1641 (1641) Wing F326; Thomason E196_26; ESTC R7472 3,068 12

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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. THE LORD FAVLKLANDS SECOND SPEECH Made the 14th of January 1640 after the reading of the Articles against the Lord FINCH 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 same 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 his 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 the 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 had 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 considers 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 Parliamentary 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 because 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 preceded 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 FJNJS