Selected quad for the lemma: state_n
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A39967
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The Lord Finch his speech in the House of Commons the 21 of December 1641 hee being then lord-keeper.; Speech in the House of Commons the 21 of December, 1640
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Finch of Fordwich, John Finch, Baron, 1584-1660.
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1641
(1641)
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Wing F1551D; ESTC R7418
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6,587
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16
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that then was Sir Thomas Richardson and chiefe Baron of the Exchequer that now is and my selfe then chiefe of the Common Pleas to take into consideration the president then brought unto us which we did and after returned to his Majesty what we had found out of these Presidents It is true that afterwards his Majesty did take into consideration that if the whole Kingdome were concerned that it was not reason to lay the whole burthen upon the Cinque Ports and Maritine Townes Thereupon upon what ground his Majesty tooke that into his consideration I do confesse I do know nothing of it His Majesty did command my Lord chiefe Justice that now is my Lord chiefe Baron and my selfe to returne our opinions whether when the whole Kingdome is in danger and the Kingdome ingenerall is concerned it be not according to Law and reason that the whole Kingdome and his Majesty and all interessed therein should joyne in defending and preserving thereof This was in time about one 1634. In Michaelmas Terme following his Majesty commanded me to goe to all the Judges and require their opinions in particular He commanded me to doe it to every one and to charge them upon their duty and allegiance to keepe it secret Master Speaker it was never intended by his Majesty so professed by him at that time and so declared to all the Judges that it was not required by him to be such a binding opinion to the Subject as to hinder him from calling it in question nor to be binding to themselves but that upon better reason and advise they may alter it but desired their opinions for his owne private reason I know very well that extrajudiciall opinion of Judges ought not to be binding But I did think and speake my heart and conscience freely my selfe and the rest of the Judges being sworn and by our oaths tyed to Counsell the King when he should require advise of us that we were bound by our oaths and duties to returne our opinions I did obey his Majesties command and doe 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 menacy I did leave it freely to their owne consciences and liberty for I was left the liberty of my owne by his Majesty and had reason to leave them the liberty of their owne 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 appeare and I beseech you that extravagant speeches may not move against that which is a positive and cleere truth Master Speaker in the discourse of this as is between Judges some small discourses sometimes yet never any cause wherein any Judges conferred that were so little conference as betweene me and them Master Speaker against a Negative I can say nothing but I shall affirme nothing unto you but by the grace of God as I affirme it to be true so I make no doubt of making it appeare 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 Master Justice Hutton and Master Justice Crooke Master Justice Crooke made not a scruple of the thing but of the introduction for it was thus That whereas the Ports and the Maritine Townes were concerned there according to the Presidents in former times the charge lay on them So when the Kingdome was in danger of which his Majesty was the sole Judge whether it was not agreeable to Law and reason the whole Kingdome to beare the charge I left this case with Judge Crooke The next Terme I spake with him he could give me no resolution because he had not seene the writs in former times but did give his opinion that when the whole Kingdome was in danger they of the defence ought to be borne by all So of that opinion of his there was no need of a Solicitation I speake no more here than I did openly in my argument in the Chequer Chamber This is the naked truth for Master Justice Hutton he did never subscribe at all I will onely say this that I was so far from pressing him to give his opinion because he did aske time to consider of it that I will boldly say and make it good that when his Majesty would have had him sometimes sent for to give his opinion I beseeched his Majesty to leave him to himselfe and his conscience and that was the ill office I did The Judges did subscribe in November or December 1635. I had no conference nor truly I thinke 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 opinions I did returne according to my duty to my Master the King and delivered them to him in whose custody they bee in In February 1636 upon a command that came from his Majesty by one of the then Secretaries of State the Judges all assembled in Grayes-Inne we did then fall into a debate of the case then sent unto us and we did then returne 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 maintainance of my opinion and that was all I did It is true that then at that time Master Justice Hutton and Master Justice Crooke did not differ in the meane point which was this When the Kingdome was in danger the chargd ought to be borne by the whole Kingdome But this point whether the King was the sole Judge of the danger they differed So as there was betweene the first subscription and this debate and consultation some 15. monthes differance It is true that all of them did then subscribe both Justice Hutton and Justice Crooke which was returned to his Majesty and after published by my Lord Keeper my predecessor in the Stat-chamber For the manner of publishing 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 Crooke 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 included And now I have faithfully delivered what I did in that businesse till I came which was afterwards to my argument in the Exchequer Chamber for the question was Ascire facias issued out of the Exchequer in that case of Master Hampdens of which I can say nothing for it was there begun and afterwards rejourned to have advice of all the Judges Master Speaker among the rest according to my duty I argued the case I shall not trouble you to tell you