







 
   
     
       
         The Lord Favlkland his learned speech in Parliament, in the House of Commons touching the judges and the late Lord Keeper
         Learned speech in Parliament in the House of Commons touching the judges and the late Lord Keeper
         Falkland, Lucius Cary, Viscount, 1610?-1643.
      
       
         This text is an enriched version of the TCP digital transcription A40797 of text R6747 in the  English Short Title Catalog (Wing F320). Textual changes  and metadata enrichments aim at making the text more  computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life.  The text has been tokenized and linguistically annotated with  MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish.  This text has not been fully proofread 
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         ESTC R6747
         12988507
         ocm 12988507
         96260
         
           
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         (EEBO-TCP ; phase 1, no. A40797)
         Transcribed from: (Early English Books Online ; image set 96260)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 259:E196, no 9)
      
       
         
           
             The Lord Favlkland his learned speech in Parliament, in the House of Commons touching the judges and the late Lord Keeper
             Learned speech in Parliament in the House of Commons touching the judges and the late Lord Keeper
             Falkland, Lucius Cary, Viscount, 1610?-1643.
          
           [2], 9 p.
           
             s.n.],
             [London? :
             1641.
          
           
             Reproduction of original in Thomason Collection, British Library.
          
        
      
    
     
       
         eng
      
       
         
           Judges -- England.
           Great Britain -- History -- Charles I, 1625-1649.
        
      
    
       A40797  R6747  (Wing F320).  civilwar no The Lord Favlkland his learned speech in Parliament, in the House of Commons, touching the judges and the late Lord Keeper. Falkland, Lucius Cary, Viscount 1641    2329 8 0 0 0 0 0 34 C  The  rate of 34 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 
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           THE
           LORD
           FAVLKLAND
           HIS
           Learned
           
             SPEECH
          
           in
           Parliament
           ,
           in
           the
           House
           of
           Commons
           ,
           Touching
           the
           
             Judges
          
           and
           the
           late
           
             Lord
             Keeper
             .
          
        
         
         
           Printed
           in
           the
           Yeare
           ,
           1641.
           
        
      
    
     
       
       
       
         
           THE
           LORD
           FAULKLAND
           HIS
           Learned
           
             SPEECH
          
           in
           
             Parliament
             ,
          
           in
           the
           House
           of
           COMMONS
           .
        
         
           
             Mr.
             Speaker
             :
          
        
         
           I
           Rejoyce
           very
           much
           to
           see
           this
           day
           ,
           and
           the
           want
           hath
           not
           laine
           in
           my
           affection
           ,
           but
           in
           my
           lungs
           ,
           if
           to
           all
           that
           hath
           past
           ,
           my
           Tongue
           hath
           not
           beene
           as
           lowd
           as
           any
           mans
           in
           the
           House
           yet
           truely
           my
           opinion
           is
           ,
           that
           we
           have
           yet
           done
           nothing
           ,
           if
           we
           doe
           no
           more
           ,
           I
           shall
           adde
           what
           I
           humbly
           conceive
           might
           be
           added
           ,
           as
           soone
           as
           I
           have
           said
           something
           ,
           with
           Reference
           to
           him
           that
           sayes
           it
           .
        
         
           I
           will
           desire
           forgivenesse
           of
           the
           House
           ▪
           if
           in
           ought
           J
           say
           ,
           J
           seeme
           to
           intrench
           vpon
           anothers
           profession
           ,
           and
           enter
           upon
           the
           work
           
           of
           another
           Robe
           ,
           since
           I
           have
           bin
           instructed
           by
           there
           port
           of
           a
           learned
           
             Committee
             ,
          
           and
           confirmed
           by
           the
           uncontradicted
           vote
           of
           the
           whole
           House
           ,
           since
           J
           shall
           say
           nothing
           of
           this
           kind
           ,
           but
           in
           order
           ,
           to
           somewhat
           further
           ,
           and
           which
           moves
           me
           most
           to
           venture
           my
           opinion
           ,
           and
           to
           expect
           your
           pardon
           ,
           since
           J
           am
           confident
           that
           History
           alone
           is
           sufficient
           to
           s●●w
           this
           ●udg●ment
           ,
           contrary
           to
           our
           Lawes
           ,
           and
           Logick
           alone
           sufficient
           to
           prove
           it
           destructive
           to
           our
           properties
           ,
           which
           every
           free
           and
           noble
           person
           values
           no
           lesse
           then
           his
           profession
           .
        
         
           I
           will
           next
           professe
           that
           I
           know
           of
           my selfe
           ,
           and
           all
           those
           that
           knowe
           me
           ,
           knowe
           it
           of
           me
           ,
           that
           my
           naturall
           disposition
           is
           farre
           from
           inclining
           to
           severity
           ,
           much
           lesse
           to
           cruelty
           ,
           That
           I
           have
           particular
           provocation
           from
           their
           persons
           ,
           and
           have
           particular
           obligations
           to
           their
           callings
           ,
           against
           whom
           I
           am
           to
           speake
           .
        
         
           And
           that
           though
           not
           for
           much
           ,
           yet
           or
           more
           then
           all
           I
           have
           ,
           so
           J
           hope
           it
           will
           be
           beleeved
           ,
           that
           onely
           publike
           interest
           hath
           extorted
           this
           from
           me
           ,
           which
           J
           would
           not
           say
           ,
           if
           I
           conceived
           it
           not
           both
           so
           true
           and
           so
           necessary
           ,
           that
           no
           meat
           undisgested
           ,
           can
           lye
           heavyer
           upon
           the
           stomacke
           then
           this
           unsaid
           ,
           would
           have
           laine
           upon
           my
           Conscience
           .
        
         
           Mr.
           
             Speaker
             ,
          
           the
           constitution
           of
           this
           Common-wealth
           ,
           hath
           stablisht
           ,
           or
           rather
           endeavoured
           
           to
           establish
           to
           us
           ,
           the
           security
           of
           our
           goods
           ,
           and
           the
           security
           of
           those
           Lawes
           ,
           which
           should
           secure
           us
           ,
           and
           our
           goods
           ,
           by
           appointing
           for
           us
           
             Iudges
             ,
          
           so
           setled
           ,
           so
           sworne
           ,
           that
           there
           can
           be
           no
           oppression
           ,
           but
           they
           of
           necessity
           must
           be
           accessary
           ,
           since
           if
           they
           neither
           deny
           nor
           delay
           us
           Justice
           ,
           which
           neither
           for
           the
           great
           nor
           little
           Seale
           ,
           they
           ought
           to
           doe
           .
        
         
           The
           greatest
           person
           in
           the
           Kingdome
           cannot
           continue
           the
           lest
           violence
           upon
           the
           meanest
           .
           But
           this
           security
           ,
           Mr
           
             Speaker
             ,
          
           hath
           been
           almost
           our
           Ruine
           ,
           (
           this
           Bulwarke
           )
           for
           us
           hath
           beene
           turned
           ,
           or
           rather
           turned
           it selfe
           ,
           into
           a
           Batterie
           against
           us
           ,
           and
           those
           persons
           who
           should
           have
           beene
           as
           Dogs
           to
           defend
           the
           flocke
           ,
           have
           been
           the
           Woolves
           to
           worry
           it
           .
        
         
           These
           
             Iudges
             ,
          
           Mr.
           
             Speaker
             ,
          
           to
           instance
           not
           them
           onely
           ,
           but
           their
           greatest
           Crimes
           ,
           have
           delivered
           an
           opinion
           ,
           and
           a
           judgement
           ,
           the
           first
           in
           an
           extrajudiciall
           manner
           ,
           and
           both
           upon
           an
           extrajudiciall
           matter
           ,
           that
           is
           such
           as
           came
           notwithin
           their
           cognizance
           ,
           they
           being
           
             Iudges
             of
             Law
             ,
          
           and
           not
           of
           
             necessity
             ,
          
           that
           is
           being
           
             Iudges
          
           and
           neither
           
             Philosophers
             ,
          
           nor
           
             Polititians
             ,
          
           in
           which
           ,
           when
           it
           is
           absolute
           ,
           and
           evident
           ,
           the
           law
           of
           the
           Land
           seaseth
           ,
           and
           that
           of
           generall
           reason
           and
           equitie
           ,
           by
           which
           particular
           Lawes
           at
           first
           were
           framed
           ,
           returnes
           to
           her
           Throrne
           and
           government
           ,
           when
           
             salus
             populi
          
           becomes
           not
           only
           
             suprema
             ,
          
           but
           
             sola
             le
             ▪
             ,
          
           at
           which
           time
           ,
           and
           to
           which
           end
           ,
           whosoever
           
           would
           dispense
           with
           the
           King
           ,
           to
           make
           use
           of
           money
           ,
           dispenses
           equally
           with
           us
           to
           make
           use
           of
           his
           ,
           and
           one
           anothers
           .
        
         
           1
           In
           this
           judgement
           ,
           first
           they
           contradict
           both
           many
           ,
           and
           cleare
           Acts
           and
           Declarations
           of
           
             Parliaments
             ,
          
           and
           those
           in
           this
           very
           case
           ,
           and
           in
           this
           very
           Reign
           ,
           so
           that
           for
           them
           ,
           they
           needed
           to
           have
           consulted
           with
           no
           other
           
             Records
             ,
          
           then
           their
           Memories
           .
        
         
           2
           Secondly
           they
           contradicted
           with
           apparent
           Evidences
           ,
           by
           supposing
           mighty
           and
           eminent
           dangers
           ,
           in
           most
           serene
           ,
           quiet
           ,
           and
           halcyon
           dayes
           ,
           that
           c●uld
           possibly
           be
           imagined
           ,
           a
           few
           contemptible
           
             Pyrats
             ,
          
           being
           our
           most
           formidable
           enemies
           ,
           and
           there
           being
           neither
           
             Prince
          
           nor
           
             State
             ,
          
           with
           ,
           and
           from
           whom
           we
           had
           not
           ,
           either
           
             Ambassadors
             ,
             or
             Amity
             ,
             or
             both
             .
          
        
         
           3
           Thirdly
           ,
           they
           contradicted
           the
           writ
           it selfe
           ,
           by
           supposing
           that
           supposed
           danger
           ,
           to
           be
           so
           suddaine
           ,
           that
           it
           could
           not
           stay
           for
           a
           Parliament
           ,
           which
           required
           but
           forty
           dayes
           stay
           ,
           the
           writ
           being
           in
           no
           such
           haste
           ,
           but
           being
           content
           to
           stay
           seaven
           months
           ,
           which
           is
           that
           time
           foure
           times
           over
           .
        
         
           Mr.
           
             Speaker
             ,
          
           it
           seemed
           generally
           strange
           ,
           that
           they
           who
           saw
           not
           that
           Law
           ,
           which
           all
           men
           else
           saw
           ,
           should
           see
           that
           danger
           ,
           which
           no
           man
           saw
           ,
           but
           themselves
           got
           ,
           though
           this
           begot
           the
           more
           generall
           wonder
           ,
           three
           other
           particulars
           begot
           the
           more
           generall
           indignation
           .
        
         
         
           1
           The
           first
           ,
           that
           all
           the
           reasons
           for
           this
           judgement
           were
           such
           ,
           that
           they
           needed
           not
           those
           of
           the
           adverse
           party
           ,
           to
           helpe
           them
           to
           convert
           these
           few
           ,
           who
           had
           before
           the
           least
           suspition
           of
           the
           Legality
           of
           that
           most
           illegall
           writ
           ,
           there
           being
           fewer
           who
           approved
           of
           the
           judgement
           ,
           then
           there
           were
           that
           judged
           it
           ;
           for
           I
           am
           confident
           they
           did
           not
           that
           themselves
           .
        
         
           2
           The
           second
           that
           when
           they
           had
           allowed
           to
           the
           King
           the
           sole
           power
           in
           necessity
           ,
           and
           the
           sole
           judgement
           of
           necessity
           ,
           and
           so
           enabled
           him
           to
           take
           from
           us
           ,
           what
           he
           would
           ,
           when
           he
           would
           ,
           and
           how
           he
           would
           ,
           
             they
             yet
             ●●●temned
             us
             ,
             enough
             ,
             to
             offer
             to
             perswade
             us
             ,
             that
             they
             had
             left
             us
             our
             property
             .
          
        
         
           3
           The
           third
           and
           last
           ;
           and
           which
           I
           must
           confesse
           moved
           me
           most
           ,
           
             that
             by
             the
             transformation
             of
             this
             Kingdome
             ,
             from
             the
             estate
             of
             free
             Subjects
             ,
             (
             a
             good
             Phrase
             Mr.
             
             Speaker
             ,
             under
             Doctor
          
           Heylins
           
             favour
             )
             into
             that
             of
             villaines
             ,
             they
             disabled
             us
             by
             legall
             and
             voluntarie
             supplyes
             ,
             to
             expresse
             our
             affections
             to
             his
             Majesty
             ,
             and
             by
             that
             to
             cherish
             his
             to
             us
             ,
             that
             is
             to
             Parliaments
             .
          
        
         
           Mr.
           
             Speaker
             ,
          
           the
           cause
           of
           all
           the
           miseries
           we
           have
           suffered
           ,
           and
           of
           all
           the
           jealousies
           we
           have
           had
           ,
           that
           we
           should
           suffer
           more
           ,
           is
           ,
           that
           a
           most
           excellent
           Prince
           ,
           hath
           bin
           most
           infinitely
           abused
           by
           his
           
             Iudges
             ,
          
           telling
           him
           that
           
           in
           Law
           ,
           his
           Divines
           telling
           him
           that
           in
           Conscience
           ,
           his
           Counsellors
           telling
           him
           that
           in
           policy
           ,
           he
           might
           doe
           what
           he
           pleased
           :
           with
           the
           first
           of
           these
           we
           are
           now
           to
           deale
           ,
           which
           may
           be
           a
           good
           leading
           cause
           to
           the
           rest
           ,
           and
           some
           in
           penning
           those
           lawes
           ,
           
             upon
             which
             ,
             th●se
             men
             have
             trampled
             ,
             our
             Ancestors
             have
             sh●●ed
             the
             utmost
             of
             care
             and
             wisedome
             ,
             for
             our
             unstled
             security
             ,
             words
             having
             done
             nothing
             ,
             and
             yet
             done
             all
             that
             words
             can
             doe
             ,
             we
             must
             now
             bee
             forced
             to
             think
             of
             abolishing
             the
             grievers
             ,
             of
             taking
             away
             this
             judgment
             ,
             and
             these
             Iudges
             together
             ,
             &
             of
             regulating
             their
             successors
             by
             their
             most
             exemplary
             punishments
             ,
             who
             would
             not
             regulate
             themselves
             by
             most
             evident
             lawes
             ;
             of
             the
             degrees
             of
             this
             punishment
             ,
             I
             will
             not
             speak
             ,
             I
             will
             onely
             say
             we
             have
             accused
             a
             great
             person
             of
             high
             Treason
             ,
             for
             intending
             to
             subvert
             our
             fundamentall
             lawes
             ,
             and
             introduce
             arbitrary
             government
             ,
             whereas
             what
             we
             suppose
             he
             meant
             to
             doe
             ,
             we
             are
             sure
             these
             have
             done
             ,
             there
             being
             no
             Law
             more
             fundamentall
             ,
             then
             they
             have
             already
             subverted
             ,
             and
             no
             government
             more
             absolute
             ,
             then
             they
             have
             already
             introduced
             .
          
           Mr.
           
             Speaker
             ,
          
           not
           onely
           the
           severe
           punishment
           ,
           but
           even
           the
           sudden
           removeall
           of
           these
           men
           ,
           will
           have
           a
           very
           large
           effect
           ,
           in
           one
           verie
           considerable
           consideration
           ,
           we
           onely
           accuse
           ,
           and
           the
           house
           of
           Lords
           condemnes
           ,
           in
           which
           consideration
           they
           usually
           receive
           advise
           ,
           (
           though
           not
           direction
           from
           the
           Iudges
           :
           And
           I
           
           leave
           it
           to
           every
           man
           to
           imagine
           how
           prejudiciall
           to
           us
           ,
           (
           that
           is
           to
           the
           Common-wealth
           )
           and
           how
           partiall
           to
           their
           fellow-malefactors
           ,
           the
           advice
           of
           such
           Iudges
           is
           like
           to
           be
           ,
           hovv
           undoubtedly
           for
           their
           owne
           sakes
           they
           vvill
           conduce
           to
           their
           povver
           ,
           that
           every
           action
           be
           judged
           to
           be
           a
           lesse
           fault
           ,
           and
           every
           person
           to
           be
           lesse
           faulty
           ,
           then
           in
           Justice
           they
           ought
           to
           be
           .
        
         
           Amongst
           these
           ,
           Mr.
           
             Speaker
             ,
          
           there
           is
           one
           whom
           I
           must
           not
           lose
           in
           the
           crowde
           ,
           whom
           I
           doubt
           not
           ,
           but
           we
           shall
           find
           when
           we
           examine
           the
           rest
           of
           them
           ,
           with
           what
           hopes
           they
           have
           been
           tempted
           ,
           by
           what
           feares
           they
           have
           beene
           assayled
           ,
           and
           by
           what
           ,
           and
           by
           whose
           importunity
           ,
           they
           have
           beene
           pursued
           ,
           before
           they
           consented
           to
           doe
           what
           they
           did
           ,
           I
           doubt
           not
           I
           say
           ,
           but
           we
           shall
           find
           him
           ,
           to
           have
           bin
           a
           most
           admirable
           Soliciter
           ,
           though
           a
           most
           abominable
           Judge
           ,
           he
           it
           is
           ,
           vvho
           not
           onely
           gave
           away
           vvith
           his
           vvealth
           ,
           what
           our
           Ancestours
           had
           purchased
           for
           us
           ,
           at
           so
           large
           an
           expence
           ,
           both
           of
           their
           time
           ,
           their
           care
           ,
           their
           treasure
           ,
           and
           their
           blood
           ,
           and
           imployed
           an
           industrie
           as
           great
           as
           his
           injustice
           ,
           to
           perswade
           to
           joyne
           vvith
           him
           in
           that
           deed
           of
           gift
           ,
           but
           others
           strove
           to
           roote
           out
           those
           liberties
           ,
           wch
           we
           had
           cut
           downe
           ,
           &
           to
           make
           our
           grievances
           mortall
           ,
           and
           out
           slaverie
           irreparable
           ,
           lest
           any
           part
           of
           posterity
           might
           want
           occasion
           to
           curse
           him
           ,
           he
           declared
           that
           power
           to
           bee
           so
           
           inherent
           in
           the
           Crowne
           ,
           that
           it
           vvas
           not
           in
           the
           power
           ,
           even
           of
           a
           Parliament
           to
           divide
           them
           .
        
         
           I
           have
           heard
           ,
           Mr.
           
           
             Speaker
             ,
          
           and
           I
           thinke
           here
           that
           Common
           Fame
           is
           ground
           enough
           for
           this
           House
           to
           accuse
           upon
           ,
           and
           then
           undoubtedly
           enough
           to
           be
           accused
           upon
           in
           this
           House
           ,
           they
           have
           reported
           this
           so
           generally
           ,
           that
           I
           expect
           not
           you
           shovld
           bid
           me
           name
           whom
           you
           all
           know
           ,
           nor
           doe
           I
           looke
           to
           tell
           you
           nevves
           ,
           vvhen
           I
           tell
           you
           it
           is
           my
           Lord
           Keeper
           ,
           but
           this
           I
           thinke
           fit
           to
           put
           you
           in
           mind
           ,
           that
           his
           place
           admits
           him
           to
           his
           Majsties
           eare
           ,
           and
           trusts
           him
           vvith
           his
           Majesties
           conscience
           ,
           and
           hovv
           pernitious
           every
           moment
           must
           be
           to
           us
           ,
           vvhilst
           the
           one
           gives
           him
           meanes
           to
           infuse
           such
           unjust
           opinions
           of
           this
           house
           into
           his
           Majesties
           eare
           ,
           exprest
           in
           that
           libell
           rather
           then
           declaration
           ,
           of
           which
           many
           beleeve
           him
           to
           have
           beene
           a
           Secretary
           ,
           &
           the
           other
           puts
           the
           vast
           and
           almost
           unlimited
           power
           of
           the
           Chancery
           into
           such
           hands
           ,
           which
           in
           the
           safest
           would
           be
           dangerous
           ,
           for
           my
           part
           ,
           I
           can
           thinke
           no
           man
           here
           secure
           ,
           
             that
             he
             shall
             find
             himselfe
             worth
             any
             thing
             when
             he
             rises
             ,
             whilst
             our
             estates
             are
             in
             his
             breast
             ,
             who
             hath
             sacrificed
             his
             Countrey
             to
             his
             ambition
             ,
             whilst
             he
             had
             prostituted
             his
             owne
             conscience
             ,
             hath
             the
             keeping
             of
             the
             Kings
             ,
             and
             he
             who
             hath
             undone
             us
             already
             by
             whole-sale
             ,
             hath
             power
             lost
             in
             him
             of
             undoing
             us
             by
             retayle
             .
          
        
         
           Mr.
           
             Speaker
             ,
          
           in
           the
           beginning
           of
           this
           Parliament
           ,
           
           he
           told
           us
           ,
           and
           I
           am
           confident
           every
           man
           here
           beleeved
           it
           ,
           before
           he
           told
           it
           ,
           and
           not
           ye
           more
           for
           his
           telling
           it
           ,
           though
           a
           sorry
           witnesse
           is
           a
           good
           Testimony
           against
           himselfe
           ,
           
             that
             his
             Majestie
             never
             required
             any
             thing
             from
             any
             of
             his
             Ministers
             ,
             but
             Justice
             and
             integritie
             ,
             against
             which
             if
             any
             of
             them
             have
             transgressed
             ,
             upon
             their
             heades
             ,
             and
             that
             deservedly
             ,
             it
             was
             to
             fall
             ,
             And
             truely
             after
             hee
             hath
             in
             this
             saying
             propounded
             his
             own
             condemnation
             ,
             we
             shall
             be
             more
             partiall
             to
             him
             ,
             then
             he
             is
             to
             himselfe
             ,
             if
             we
             slow
             to
             pursue
             it
             .
          
        
         
           If
           therefore
           my
           just
           and
           humble
           motion
           ,
           that
           we
           may
           chuse
           a
           select
           
             Comittee
             ,
          
           to
           draw
           up
           his
           and
           their
           charge
           ,
           and
           to
           examine
           the
           carriage
           of
           this
           particular
           ,
           to
           make
           use
           of
           it
           in
           the
           charge
           ,
           and
           if
           he
           being
           a
           Judge
           ,
           shallbe
           found
           guilty
           of
           tampering
           against
           the
           publique
           propertie
           with
           Judges
           ,
           who
           hath
           thought
           tampering
           with
           witnesses
           in
           private
           defences
           ,
           worthy
           of
           so
           severe
           a
           Fine
           ,
           if
           hee
           shall
           be
           found
           to
           have
           gone
           before
           the
           rest
           ,
           to
           this
           judgement
           ,
           and
           to
           have
           gone
           beyond
           the
           rest
           in
           this
           Judgement
           ,
           that
           in
           the
           punishment
           for
           it
           ,
           the
           Iustice
           of
           this
           House
           ,
           may
           not
           deny
           him
           that
           due
           honour
           ,
           both
           to
           preceed
           and
           exceed
           the
           rest
           .
        
         
           FINIS
        
      
    
    

