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A70806 The true copie of a speech delivered by the Honorable VVilliam Perpoynt, second son to the right Honorable the Earle of Kingstone, against Sr. Robert Berkley, Knight, one of the justices of the Kings Bench, in maintenance of their accusation of high treason, and other great misdemeanors, at a conference of both Houses in the Painted Chamber, July 6, 1641. Pierrepont, William, 1607?-1678. 1641 (1641) Wing P2212; ESTC R15030 5,430 14

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The true Copie OF A SPEECH Delivered by the Honorable VVilliam Perpoynt second Son to the right Honorable the Earle of Kingstone against Sr ROBERT BERKLEY Knight one of the Justices of the Kings Bench in maintenance of their accusation of high Treason and other great misdemeanors At a Conference of both Houses in the Painted Chamber July 6. 1641. LONDON Printed for Henrie Hood 1641. MY LORDS I Am commanded to present to your Lordships these Articles with which the Knights Citizens and Burgesses of the Commons house of Parliament in their own name and in the name of all the Commons of England impeach Sir Robert Barkley Knight one of the Justices of his Majesties Court of Kings bench in maintenance of their accusation of high Treason and other great misdemeanours The Articles they desire may be read The Articles were read by Mr. Newport The high Treason is in the first Article in his endeavours to subvert the fundamentall Laws of this Realm and to introduce an Arbitrary and Tyrannicall government which have been lately adjudged Treason in the cause of the Earle of Strafford The other Articles prove the first By his opinions Certificates Judgements by his denials of the benefits of our Laws which have been read to your Lordships No fundamentall Law to the Subject is left our goods our lands our bodies the peace of a good conscience are by him given up to Arbitrary Tyrannicall Government Nothing hath been omitted to make a Judge know the Laws to make him just or fear him from being evil We have Innes of Court for that peculiar study Judges from thence onely chosen feldome any but what have been twenty years there Honours and revenues are given to Judges encouragements to do well this Judge had these Judges are sworn according to Law to serve the King and his people according to Law to counsell the King and for not so doing to be at his will for body lands and goods this Judge took that oath the Laws the Judges study impose the greatest punishments on unjust Judges shew that these punishments have been inflicted more could not be done to perswade or fear a Judge His offences shew in him great ambition yet he was most timorous of displeasing the great in power he did not onely forbear doing what he was sworn to do but was most active against our Lawes in opposing and punishing any that did maintein them To have only received Bribes though they blind the eyes and though the desire to get money encreaseth with age that hainous crime in a Judge had been in comparison with his offences a tolerable vice for from such a Judge justice is also to be had for money Ambition is violent and ruines whilst Covetousnesse is making a bargain The words of his opinions and judgement are for the Kings power It is pleasing to the nature of man that others should obey his will and well framed dispositions of Princes may easily be perswaded their power is unlimited when they are also put in mind that therefore they have more cause to do well and for doing well are more renowned For the most oppressive designes which we have suffered under the pretences to his Majestie have ever been the good of his Subjects His is the sin that is to judge by the Lawes and knows the Lawes are to the contrary yet puts and confirms such thoughts in his Prince He that incites another to Arbitrary Government when his self-ends are thereby compassed hates him for taking that power he perswaded him unto The writs those monsters of necessitie to provide Ships to prevent imminent danger that could not stay forty daies for the calling of a Parliament were therefore to goe out in September to have Ships ready in March This hath been adjudged by your Lordships to bee destructive to the fundamentall lawes of this Realm and to the subiect right of property and liberty c. that I shall say but this concerning them that this Judge published them to bee inseparable flowers of the Crown And that wee have lived to see for five yeares together imminent danger and thus to bee prevented This Judge did advise to such a government as future Kings here might exercise the highest Tyrannies and the Subjects want the benefit of restraints known to the most slavish Easterne nations where if their Prince doth unjustly he hath hatred for it and the dangers that follow that This Judge will have that hatred to goe to our good lawes No such bondage as when lawes of freedom are misinterpreted by Judges to make men slaves What can be considered of in a Judge of Law to give his opinion and advise to his Prince how the lawes the mutuall covenants of Kings and Subjects are to be broken but that his intentions are to have his Prince doe ill by making his evill servants to study and to be pleased with their wicked designes because they see means to put them in execution by making them to perswade their Prince because in imminent danger his Subjects goods are at his will that there is such danger when there is not and they onely have some by-end of their own A Judge to deliver his opinion that if the King should intend to give up his people to be destroyed by forreign forces for the safety of the people in that imminent danger once by the Law might take away the King there could be no greater offence This Judge will have our Law to be what to him seems reason the reason limited to him to judge of is what the common Law saith is so what a Statute hath so enacted For him to judge this or that is Law else a mischief shall follow is at best for him but this because the Law in such a thing is imperfect therefore he will make a Law to supply it or because that the Law written in such particulars is against his reason therefore his reasons to be Laws then must follow as often as a Judges reason changes or Judges change our Laws change also Our liberties are in our Laws where a Subject may reade or hear read this is his this he may do and be safe and that thus the Judge ought to give judgement he is free The excessive growth of Courts of reason conscience came from great and cunning persons and though not the most sodain yet the most dangerous and sure wayes to eat out our Laws our liberties Unlimited power must be in some to make and repeal Laws to fit the dispositions of times and persons Nature placeth this in common consent only and where all cannot conveniently meet instructeth them to give their consents to some they know or believe so well of as to be bound to what they agree on His Majestie your Lordships and the Commons are thus met in Parliament and so long as we are often reduced to this main foundation our King and we shall prosper This Judge will not allow us our knowledge or any reason he will