danger. When we came to an argument of the case, it was not upon a matter of issue, but it was upon a demurrer; Whether the danger was sufficiently admitted in pleading, and there fore was not the thing that was in dispute, that was the first degree and step that led unto it. I did deliver myself as free and as clear as any man did, that the king ought to govern by the positive laws of the kingdom; that he could not alter nor change, nor innovate in matters of law, but by common consent in pailiament I did further deliver, that if this were used to make a further revenue or benefit to the king, or in any other way but in case of necessity, and for the preservation of the kingdom, the judgment did warrant no such thing: My Opinice in this business, I did in my conclusion of my Argoment subunit to the judgment of this house. I never delivered my Opinion, that money ought to be raised, but ships provided for the detence of this kingdom, and in that the writ was performed. And that the charge ought not to be in any case, but where the whole kingdom was in danger. And Mr. Justice Hutton, and Mr. Justice Croke, were of the same opinion with me.

"I do humbly submit, having related unto you my whole carriage in this business; humbly submitting myself to your grave and favourable censures, beseeching you not to think that I delivered these things with the least intention to subvert or subject the Common Law of the kingdom, or to bring in, or to introduce any new way of Government; it hath been far from my thoughts, as any thing under the heavens.

"Mr. Speaker, I have heard too that there hath been some ill opinion conceived of me about Forest business, which was a thing far out of the way of my study, as any thing I know toward the law. But it pleased his majesty, in the sickness of Mr. Noy, to give some short warning to prepare myself for that employment. When I came there, I did both the king and commonwealth acceptable service; for I did and dare be bold to say, with extreme danger to myself and fortune, (some do understand my meaning herein) run through that business, and left the Forest as much as was there. A thing in my judgment, considerable for the advantage of the commonwealth, as could be undertakea.

"When I went down about that employment, I satisfied myself about the matter of Perambulation. There were great diiculties of opinions, what Perambulation was. I did arm myself as well as I could, before I did any thing in it. I did acquaint those that were then Judges, in the presence of the noble lords, with such objections as I thought it my duty to offer unto them. If they thought they were not objections of such weight as were fit to stir them, I would not do the king that disservice. They thought the Objections had such answers as might well induce the like upon a conference with the whole country: admitting me to come and confer with them, the country did unanimously subscribe.

"It fell out afterwards, that the king commanded me, and all this before I was Chief-Justice, to go into Essex, and did then teli me he had been informed, that the bounds of the Forest were narrower than in truth they ought to be; and I did according to his command. I will here profess that which is known to many, I had no thought or intention of enlarging the bounds of the Forest, further than H. and that part about it, for which there was a Perambulation about 26 Edw. 4. I desired the country to confer with me about it, if they were pleased to do it; and then according to my duty, I did produce those Records which I thought fit for his majesty's service, leaving them to discharge themselves as by law and justice they might do. I did never, in the least kind, go about to overthrow the Charter of the Forest. And did publish and maintain Charta de Foresta, as a sacred thing, and no man to violate it, and ought to be preserved for the king and commonwealth. I do in this humbly submit, and what I have done, to the goodness and justice of this house.*"

That this admission of the Lord-Keeper might After his Lordship was retired, it was moved, not be drawn into precedent; and in auswer to what his lordship said,

Mr. Rigby made this following Speech:

"Mr. Speaker; Though my judgment prompts me to sit still and be silent, yet the duty I owe to my king, my country and my conscience, move me to stand up and speak. Mr. Speaker, had not this Syren so sweet a tongue, surely he could never have effected so much mischief to this kingdom: you know, sir, optimorum putrefactio pessima,' the best things putrefied become the worst: and as it is in the natural, so in the body politic; and what is to be done then, Mr. Speaker? We all know ease recidendum est,' the sword, justice must strike, ne pars sincera trahatur.'

6

"Mr. Speaker, it is not the voice, non vox 'sed votum,' not the tongue, but the heart and actions, that are to be suspected: for doth not our Saviour say it, Shew me thy faith by thy

works, O man?' (St. James, not our Saviour saith it.) Now, Mr. Speaker, hath not this kingdom seen, (seen, say I?) nay felt and smarted under the cruelty of this man's justice? so malicious as to record it in every court of Westminster; as if he had not been contented with inslaving of us all, unless he entailed it to all posterity. Why shall I believe words now, 'cum factum videam? Shall we be so weak men, as when we have been injured and abused, will be gained again with fair words and compliments? Or, like little children, when we have been whipt and beaten, be pleased again with sweetmeats? Oh no, there be some birds

Mr. Rushworth says, "many were exceedingly taken with his eloquence and carriage, and it was a sad sight to see a person of his greatness, parts and favour, to appear in such a posture, before such an assembly, to plead for his life and fortunes."

46

in the summer of parliament will sing sweetly, who in the winter of persecution, will for their prey ravenously fly at all, upon our goods, nay senze upon our persons; and hath it not been with this man so, with some in this assembly? Mr. Speaker, it hath been objected unto us, that in judgment you should think of mercy, and, be ye merciful as your heavenly Father is merciful;' now God Almighty grant that we may be so, and that our hearts and judgments may be truly rectified to know truly what is mercy: I say to know what is mercy: for there is the point, Mr. Speaker: I have heard of foolish pity, foolish pity; do we not all know the effects of it? And I have met with this epithet to mercy, crudelis misericordia;' and in some kind I think there may be a cruel mercy: I am sure that the Spirit of God said, Be not pitiful in judgment; nay it saith, be not pitival of the poor in judgment: if not of the poor, then, à latiori, not of the rich; there is the emphasis. We see by the set and solemn appointment of our courts of justice, what provision the wisdom of our ancestors hath made

for the preservation, honour, and esteem of justice; witness our frequent terms, sessions, and assizes, and in what pomp and state the Judges, in their circuits, by the sheriffs, knights and justices, and all the country, are attended oft-times for the hanging of a poor thief for the stealing of a hog or a sheep, nav in some cases for the stealing of a penny, and justice too, in terrorem: and now shall not some of them be hanged that have robbed us of all our propriety, and sheered at once all our sheep and all we have away, and would have made us indeed por Belizarios to have begged for half pennies, when they would not have left us one penay that we could have called our own?

"Let us therefore now, Mr. Speaker, not be so pititul as that we become remiss; not so pitiful in judgment, as to have go judgment; but set the deplorable estate of Great Britain now before our eyes, and consider how our gracious Sovereign hath been abused, and both his majesty and all his subjects injured by these wicked instruments; for which my humble motion is, that with these particulars we become not so merciful as to the generality, the whole kingdom, to grow merciless. Fiat Justitia."

Whereupon, the Lord Keeper was the same day voted a Traitor, upon the following partulars; 1. For refusing to read the remonstrance against the Lord-Treasurer Weston, 4 Car, when the parliament desired it. 2. For suciting, persuading, and threatening the Jages to deliver their Opinion for the levying of Ship-Money*. 3. For several illegal ac

Lord Clarendon in his History, vol. 1. p. 71 810. edition) says, "Undoubtedly, my lord Fiach's Speech in the Exchequer Chamber

de Ship-money much more abhorred and formula le than all the Commitments by the Council-Table, and all the distresses taken by the sheriffs in England." And p. 74, he says,

tions in Forest-matters. 4. For ill offices done, in making the king dissolve the last Parliament, and causing his Declaration thereupon to be put forth.

Whereupon, it was resolved upon the Question,

"That John lord Finch, baron of Fordwich, Lord-Keeper of the Great Seal of England, shall be accused in this house, in the name of all the Commons of England, of High-Treason, and other great Misdemeanors."

Resolved, "That a Message be sent by the lord Falkland, to accuse John lord Finch, baron of Fordwich, Lord-Keeper of the Great Seal of England, in the name of this house, and all the commons of England, of High-Treason, and other great Crimes and Misdemeanors; and to desire that he may be forthwith sequestered from parliament, and be committed; and that in some convenient time this house will resort to their lordships, with particular Accusations and Articles against him.

The next morning, the 22d, the Lord-Keeper lence every thing was managed) got up early, (considering with what impetuosity and viowhence he wrote a Letter to the Lord Chamberand escaped in disguise into Holland, from lain, dated from the Hague, Jan. 3, 1640-1.

"My most well beloved lord; The interest your lordship hath ever had in the best of my fortunes and affections, gives me the privilege of troubling your lordship with these few lines, from one that hath nothing left to serve you withal but his prayers; these your lordship shall never fail of, with an heart as full of true affection to your lordship as ever any was. My lord, it was not the loss of my place, and with that of my fortunes, nor being exiled from my dear country and friends, though many of them were cause of sorrow, that afflicts me; but that which I most suffer under is, that displeasure of the house of commons conceived against me. I know a true heart I have ever born towards them, and your lordship can witness in part, what ways I have goue in: but silence and patience best becomes me, with which I must leave myself and my actions to the favourable constructions of my noble friends, in which number your lordship hath a prime place. I am now at the Hague, where I arrived on Thurs "He took up Ship-money where Mr. Noy left it, and being a Judge carried it up to that pinnacle, from whence he almost broke his own neck, having in his journey thither had too much influence on bis brethren to induce them to concur in a Judgment they had all cause to repent. To which his Declaration, after he was Keeper of the Great Seal of England, must be added, upon demurrer put into a bill before him, which had no other equity in it, than an order of the lords of the council: That whilst be was Keeper, no man should be so saucy as to dispute those Orders, but that the wisdom of that board should be always ground enough for him to make a decree in Chancery."

day the last of the last month, where I purpose to live in a fashion agreeable to the poorness of my fortunes; for my humbling in this world, I have utterly cast off the thoughts of it, and my aim shall be to learn to number my days, that I may apply my heart to wisdom, that wisdom that shall wipe away all tears from my eyes and heart, and lead me by the hand to true happiness, which can never be taken from me. I pray God of Heaven to bless this parliament, both with a happy progress and conclusion; if my ruin may conduce but the least to it, I shall not repine at it. I truly pray for your lordship and your noble family, that God would give an increase of all worldly blessings, and in the fulness of days to receive you to his glory; if I were capable of serving any body, I would tell your lordship, that no man should be readier to make known his devotion aud true gratitude to your lordship, than, your lordship's most humble, and most affectionate, poor kinsman and J. FINCH."

servant,

January 14, 1640-1. The Committee having prepared Articles of Impeachment against the Lord-Keeper, they were presented to the house, and are as follow:

The ACCUSATION and IMPEACHMENT of JOHN Lord FINCH, Baron of FORDWICH, Lord

Keeper of the Great Seal of England, by

the House of Commons.

at the justice seat, held for the county of Essex, in the month of October, in the 10th year of his now majesty's reign, at Stratford Langton in the same county, being then of his majesty's council, in that service did practise by unlawful means to enlarge the Forest of that county many miles beyond the known bounds thereof, as they had been enjoyed near 300 years, contrary to the law and to the Charter of the Liberties of the Forest, and other charters and divers acts of parliament: and for effecting the same did unlawfully cause and procure undue return to be made of jurors, and great numbers of other persons who were unsworn, to be joined to them of the jury, and threatened and awed the said jurors to give a verdict for the king, and by unlawful means did surprize the county, that they might not make defence, and did use several menacing wicked speeches and actions to the jury and others, for obtaining his unjust purpose aforesaid. And after verdict obtained for the king in the month of April following (at which time the said justice-seat was called by adjournment), the said John Finch, then lord chief-justice of his majesty's court of CommonPleas, and one of the judges assistants for them; he continued by farther unlawful and unjust practices, to maintain and confirm the said verdict, and did then and there, being assistant to the justice in Eyre, advised the refusal of the traverse offered by the county, and all their evidences, but only what they should verbally deliver; which was refused accordingly.

IV. That he about the month of November, 1635, being then lord chief justice of the Common Pleas, and having taken an oath for due administration of justice to his majesty's liege people, according to the laws and statutes of the realm, contrived an Opinion in hæc verba,

II. That in pursuance of those his traitorous and wicked purposes, he did in the 3d and 4th year of his majesty's reign, or one of them, being then Speaker of the Commons House of parliament, contrary to the commands of the house then assembled and sitting, deny and hinder the reading of some things which the said house of commons required to be read, for the safety of the king and kingdom, and preservation of the religion of this realm; and did forbid all the members of the house to speak, and said that if any did offer to speak, he would rise and go away, and said nothing should be done in the house; and did offer to rise and go away, and did thereby and otherwise, as much as in him lay, endeavour to subvert the ancient and undoubted rights and course of parliament.+

III. That he being of his majesty's Council

"Sir John Finch was a man exceedingly obnoxious to the people, upon the business of Ship-money; and not of reputation and authority enough to countenance and advance the king's service." Lord Clarendon's History, vol. 1. p. 131.

See 2 Cobb. Parl. Hist. p. 490.

p. 844], and did subscribe his name to that Opinion, and by persuasions, threats, and false suggestions, did solicit and procure sir John Bramstone, knt. then and now Lord Chief Justice of England; sir Humphrey Davenport, kt. Lord Chief Baron of his majesty's court of Exchequer; sir Richard Hutton, knt. late one of the justices of his majesty's court of Common Pleas; sir John Denham, knt. late one of the barons of his majesty's court of Exchequer; sir William Jones, knt. late one of the justices of the said court of King's-bench; sir George Croke, knt. then and now one of the Judges of the said court of King's-bench; sir Thomas Trevor, knt. then and now one of the barons of the Exchequer; sir George Vernon, kut. late one of the justices of the said court of Common Pleas; sir Robert Berkley, knt. then and now one of the justices of the said court of King's-bench; sir Francis Crawley, knt. then and now one of the justices of the said court of Common Pleas; sir Richard Weston, knt. then and now one of the barons of the said court of Exchequer; some or one of them, to subscribe, with their names, the said Opinion presently, and enjoined them severally some or one of them secrecy, upon their allegiance.

in the summer of parliament will sing sweetly, who in the winter of persecution, will for their prey ravenou-ly fly at all, upon our goods, nay senze upon our persons; and hath it not been with this man so, with some in this assembly? “Mr. Speaker, it hath been objected unto us, that in judgment you should think of mercy, and, be ye merciful as your heavenly Father 'is merciful;' now God Almighty grant that we may be so, and that our hearts and judgments may be truly rectified to know truly what is mercy: I say to know what is mercy: for there is the point, Mr. Speaker: I have heard of foolish pity, foolish pity; do we not all know the effects of it? And I have met with this epithet to mercy, crudelis misericordia;' | and in some kind I think there may be a cruel mercy: I am sure that the Spirit of God said, Be not pitiful in judgment; nay it saith, be not pitiful of the poor in judgment: if not of the poor, then, à latiori, not of the rich; there is the emphasis. We see by the set and solemn appointment of our courts of justice, what pro

vision the wisdom of our ancestors hath made for the preservation, honour, and esteem of justice; witness our frequent terms, sessions, and assizes, and in what pomp and state the Judges, in their circuits, by the sheriffs, knights and justices, and all the country, are attended oft-times for the hanging of a poor thief for the stealing of a hog or a sheep, nay in some cases for the stealing of a penny, and justice too, in terrorem: and now shall not some of them be hanged that have robbed us of all our propriety, and sheered at once all our sheep and all we have away, and would have made us indeed por Belizarios to have begged for half pennies, when they would not have left us one penny that we could have called our own?

"Let us therefore now, Mr. Speaker, not be so pitiful as that we become remiss; not so pitiful in judgment, as to have no judgment; but set the deplorable estate of Great Britain now before our eyes, and consider how our gracious sovereign hath been abused, and both his majesty and all his subjects injured by these wicked instruments; for which my humble motion is, that with these particulars we become not so merciful as to the generality, the whole kingdom, to grow merciless. Fiat Justitia."

Whereupon, the Lord Keeper was the same day voted a Traitor, upon the following particulars; 1. For refusing to read the remonstrance against the Lord-Treasurer Weston, 4 Car, when the parliament desired it. 2. For soliciting, persuading, and threatening the Judges to deliver their Opinion for the levying of Ship-Money*. 3. For several illegal ac

* Lord Clarendon in his History, vol. 1. p. 71 (8vo. edition) says, "Undoubtedly, my lord Finch's Speech in the Exchequer Chamber made Ship-money much more abhorred and formidable than all the Commitments by the Council-Table, and all the distresses taken by the sheriffs in England." And p. 74, he says,

tions in Forest-matters. 4. For ill offices done, in making the king dissolve the last Parliament, and causing his Declaration thereupon to be put forth.

Whereupon, it was resolved upon the Question,

"That John lord Finch, baron of Fordwich, Lord-Keeper of the Great Seal of England, shall be accused in this house, in the name of all the Commons of England, of High-Treason, and other great Misdemeanors."

Resolved, “That a Message be sent by the lord Falkland, to accuse John lord Finch, baron of Fordwich, Lord-Keeper of the Great Seal of England, in the name of this house, and all the commons of England, of High-Treason, and other great Crimes and Misdemeanors; and to desire that he may be forthwith se questered from parliament, and be committed; and that in some convenient time this house will resort to their lordships, with particular Accusations and Articles against him.

(considering with what impetuosity and vioThe next morning, the 22d, the Lord-Keeper lence every thing was managed) got up early, whence he wrote a Letter to the Lord Chamberand escaped in disguise into Holland, from lain, dated from the Hague, Jan. 3, 1640-1.

"My most well beloved lord; The interest your lordship hath ever had in the best of my fortunes and affections, gives me the privilege of troubling your lordship with these few lines, from one that hath nothing left to serve you withal but his prayers; these your lordship shall never fail of, with an heart as full of true affection to your lordship as ever any was. My lord, it was not the loss of my place, and with that of my fortunes, nor being exiled from my dear country and friends, though many of them were cause of sorrow, that afilicts me; but that which I most suffer under is, that displeasure of the house of commons conceived against me. I know a true heart I have ever born towards them, and your lordship can witness in part, what ways I have gone in: but silence and patience best becomes me, with which I must leave myself and my actions to the favourable constructions of my noble friends, in which number your lordship hath a prime place. I am now at the Hague, where I arrived on Thurs"He took up Ship-money where Mr. Noy left it, and being a Judge carried it up to that pinnacle, from whence he almost broke his own neck,. having in his journey thither had too much influence on his brethren to induce them to concur in a Judgment they had all cause to repent. To which bis Declaration, after he was Keeper of the Great Seal of England, must be added, upon demurrer put into a bill before him, which had no other equity in it, than an order of the lords of the council: That whilst he was Keeper, no man should be so saucy as to dispute those Orders, but that the wisdom of that board should be always ground enough 'for him to make a decree in Chancery,'"

day the last of the last month, where I purpose to live in a fashion agreeable to the poorness of my fortunes; for my humbling in this world, I have utterly cast off the thoughts of it, and my aim shall be to learn to number my days, that I may apply my heart to wisdom, that wisdom that shall wipe away all tears from my eyes and heart, and lead me by the hand to true happiness, which can never be taken from me. I pray God of Heaven to bless this parliament, both with a happy progress and conclusion; if my ruin may conduce but the least to it, I shall not repine at it. I truly pray for your lordship and your noble family, that God would give an increase of all worldly blessings, and in the fulness of days to receive you to his glory; if I were capable of serving any body, I would tell your lordship, that no man should be readier to make known his devotion and true gratitude to your lordship, than, your lordship's most humble, and most affectionate, poor kinsman and J. FINCH."

servant,

January 14, 1640-1. The Committee having prepared Articles of Impeachment against the Lord-Keeper, they were presented to the house, and are as follow:

The ACCUSATION and IMPEACHMENT of JOHN Lord FINCH, Baron of FORDWICH, LordKeeper of the Great Seal of England, by the House of Commons.

I. That the said John lord Finch, baron of Fordwich, Lord-Keeper, &c. hath traiterously and wickedly endeavoured to subvert the fundamental Laws and established Government of the realm of England, and instead thereof to introduce an arbitrary, tyrannical government against law; which he hath declared by traitorous and wicked words, counsels, opinions, judgments, practices and actions.

II. That in pursuance of those his traitorous and wicked purposes, he did in the 3d and 4th year of his majesty's reign, or one of them, being then Speaker of the Commons House of parliament, contrary to the commands of the house then assembled and sitting, deny and hinder the reading of some things which the said house of commons required to be read, for the safety of the king and kingdom, and preservation of the religion of this realm; and did forbid all the members of the house to speak, and said that if any did offer to speak, he would rise and go away, and said nothing should be done in the house; and did offer to rise and go away, and did thereby and otherwise, as much as in him lay, endeavour to overt the ancient and undoubted rights and course of parliament.+

III. That he being of his majesty's Council

was a man exceedingly ple, upon the business of of reputation and authotenance and advance the Clarendon's History, vol.

at the justice seat, held for the county of Essex, in the month of October, in the 10th year of his now majesty's reign, at Stratford Langton in the same county, being then of his majesty's council, in that service did practise by unlawful means to enlarge the Forest of that county many miles beyond the known bounds thereof, as they had been enjoyed near 300 years, contrary to the law and to the Charter of the Liberties of the Forest, and other charters and divers acts of parliament: and for effecting the same did unlawfully cause and procure undue return to be made of jurors, and great numbers of other persons who were unsworn, to be joined to them of the jury, and threatened and awed the said jurors to give a verdict for the king, and by unlawful means did surprize the county, that they might not make defence, and did use several menacing wicked speeches and actions to the jury and others, for obtaining his unjust purpose aforesaid. And after verdict obtained for the king in the month of April following (at which time the said justice-seat was called by adjournment), the said John Finch, then lord chief-justice of his majesty's court of CommonPleas, and one of the judges assistants for them; he continued by farther unlawful and unjust practices, to maintain and confirm the said verdict, and did then and there, being assistant to the justice in Eyre, advised the refusal of the traverse offered by the county, and all their evidences, but only what they should verbally deliver; which was refused accordingly.

IV. That he about the month of November, 1635, being then lord chief justice of the Common Pleas, and having taken an oath for due administration of justice to his majesty's liege people, according to the laws and statutes of the realm, contrived an Opinion in hac verba, [When the good and safety, &c. See vol. iii. p. 844], and did subscribe his name to, that Opinion, and by persuasions, threats, and false suggestions, did solicit and procure sir John Bramstone, knt. then and now Lord Chief Justice of England; sir Humphrey Davenport, kt. Lord Chief Baron of his majesty's court of Exchequer; sir Richard Hutton, knt. late one of the justices of his majesty's court of Common Pleas; sir John Denham, knt. late one of the barons of his majesty's court of Exchequer; sir William Jones, knt. late one of the justices of the said court of King's-bench; sir George Croke, knt. then and now one of the Judges of the said court of King's-bench; sir Thomas Trevor, knt. then and now one of the barons of the Exchequer; sir George Vernon, kut. late one of the justices of the said court of Common Pleas; sir Robert Berkley, knt. then and now one of the justices of the said court of King's-bench; sir Francis Crawley, knt. then and now one of the justices of the said court of Common Pleas; sir Richard Weston, knt. then and now one of the barons of the said court of Exchequer; some or one of them, to subscribe, with their names, the said Opinion presently, and enjoined them severally some or one of them secrecy, upon their allegiance.