Speech to the Earl of Kingstone

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 Majesty's Court of Kings bench in maintenance of their accusation of high Treason, and other great misdemeanors. The Articles they desire may be read.

The Articles were read by Mr. Newport.

The high Treason is in the first Article, in his endeavors to subvert the fundamental Laws of this Realm, and to introduce an Arbitrary and Tyrannicall government, which have been lately adjudged Treason, in the cause of the Earl of Strafford.

The other Articles prove the first. By his opinions, Certificates, Judgments, by his denials of the benefits of our Laws, which have been read to your Lordships. No fundamental 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 Inns of Court for that peculiar study, Judges from thence only chosen; feldome any but what have been twenty years there; Honors 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 counsel 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, show that these punishments have been inflicted; more could not be done to persuade or fear a Judge.

His offenses show in him great ambition, yet he was most timorous of displeasing the great in power he did not only forbear doing what he was sworn to do, but was most active against our Laws, & in opposing and punishing any that did maintain them.

To have only received Bribes (though they blind the eyes, and though the desire to get money increaseth with age) that heinous crime in a Judge had been, in comparison with his offenses, a tolerable vice; for from such a Judge justice is also to be had for money. Ambition is violent, and ruins, whilst Covetousness is making a bargain.

The words of his opinions and judgment 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 persuaded 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 designs (which we have suffered under) the pretences to his Majesty have ever been the good of his Subjects; His is the sin, that is to judge by the Laws, and knows the Laws 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 persuaded him unto.

The writs, those monsters of necessity to provide Ships to prevent imminent danger that could not stay forty days for the calling of a Parliament, were therefore to go out in September to have Ships ready in March. This hath been adjudged by your Lordships to be destructive to the fundamental laws of this Realm and to the subject right of property and liberty &c. that I shall say but this concerning them, that this Judge published them to be inseparable flowers of the Crown. And that we have lived to see for five years together imminent danger, and thus to be 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 Eastern 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 go to our good laws. No such bondage as when laws 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 laws the mutual covenants of Kings and Subjects are to be broken but that his intentions are to have his Prince do ill by making his evil servants to study, and to be pleased with their wicked designs: because they see means to put them in execution, by making them to persuade their Prince, because in imminent danger, his Subjects goods are at his will, that there is such danger when there is not: and they only 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 foreign 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 offense.

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 read or hear read, this is his, this he may do, and be safe, and that thus the Judge ought to give judgment, he is free. The excessive growth of Courts of reason, conscience, came from great and cunning persons, and though not the most sudden, yet the most dangerous, and sure ways 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 Majesty, 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 have our minds, our souls slaves. A grand Jury-man gave his fellows true information, they present an innovation in the Church, are threatened & reviled for it; he that told this truth is charged (I shall use this Judges own words) to sin in that, & that he made others forswear themselves; this Judge sent him to the common goal, where he is laid in irons, and all this, because he and they durst meddle with Church-matters. He is forced to tear the Presentment in pieces in open Court; our Laws provide for the peace of our consciences, many Acts of Parliament are for it, and the trust by those Acts set to Juries; this Judge well knew all this; your Lordships have heard what he did to the Jury at Hartford; He would have us know no more Divinity then to obey what the Great of the Clergy directed, no more Law then what he said was so.

Judges in former times, (but only such as were examples of punishment, as of injustice in cases of great and public concernment) forbare proceedings till the next Parliament. This necessitated the calling of Parliaments; this Judge had as many such causes before him, as ever any had, yet he never desired the resolution of Parliament in any one, for the ways he went, the necessity was never to have a Parliament, he would pull up that root of our safeties and liberties, which whilst we enjoy, the malice or injustice of all other Courts and persons can never ruin, and when near to ruin (as most near of late) this only sure remedy will help us, nothing can ruin a Parliament, but it self.

The evils which we have suffered under, they were committed by the Judges, or by them ought to have been and might have been prevented.

This Judge assisted in causing the miseries we suffered in the Starchamber and at the council table, he denied the known rights which he ought to have granted us to stop our grievances in the Ecclesiastical Courts, he was the causer of our sufferings in other Courts.

The best lovers of their Laws and liberties, the most honest suffer most by an unjust Judge, they most oppose his vices; dishonest persons find such a Judge to fit their purposes, the Judge finds them for his, the bond of iniquity confederates them.

He that will do no wrong, will suffer none which he can help: the man that knows himself born free, will do his utmost to live so, and to leave freedom to his posterity, were he in slavery, when by outward gesture thought to be most delighted, were his mind then known, there would be found vexation, and his busy thoughts employed to redeem himself and his posterity from thralldom. But to say, could this Judge intend to make himself and his own posterity Slaves? What he did was through error of judgment only; No my Lord's, what his aims and endeavors were is apparent. To consider man in the general, we shall find in every age he will be a slave to some few, that many may be slaves to him, he looks to himself only; this he would do or forbear doing to be great, to be rich, had he children or kindred or had none. This highly unjust Judge by continuing sins, maintained his actions to preserve himself, he knows to be found guilty in one of his offenses, the penalty of the Law for it, therefore covers the offenses committed with inventing and acting other.

For a Judge to be unjust, more hurts the public then any other, he is not suspected: What a Judge doth is looked on as a thing that ought to be done. The most pernitions great man that by cunning hath got to himself the heart and tongue of his Prince, his ill acts have died with him, if not taken up by others, and then they walk in darkness, No man will justify what he doth by saying such a favorite did it, but the unjust Judgments of this Judge were given in the noon day, were done in the face of the whole Kingdom in the hearing of such as might carry the news to all parts of the Realm, and was therefore done. His unjust Judgments were our records. We have seen wicked great men most craftily politique, they hated our Laws, yet not meeting with active Judges molded to their purposes, they and their acts have died, the Realm flourished, but of late others less politique meeting with most unjust Judges, every way as ill as they could wish them to be, then did the Kingdom faint under the load of its misery, did long struggle; now its rising I assure myself, your Lordships will assist to take of the burden.

If the designs of some would not have such a man to be at liberty, a warrant from some Lord's of the Council would soon have laid him in prison, and given no cause; had he moved this Judge to be discharged or bailed, he could have obtained neither, if their ways would not have endured that man to live, a Judge reviling the prisoner, and his Council that moved for his discharge or baile, joined with the hate of some great man, might soon have moved a Gaoler for unwholesome rooms and lodging, and ill diet for his prisoner, and they may soon take life away.

Offenders in prisons are looked after to be safe only such are brought in by power against Law, are abused.

Had a great man desired the estates of others, the breach of a Proclamation might readily have been charged against them in the Starchamber: but they, it may be could have answered and cleared themselves, and proved their answers by testimonies, had they been eferred to this Judge, he would have expunged the one, suppressed the other. Then followed Fines to the value of their estates, or more, then imprisonments of course till they paid such Fines; your Lordships have heard what this Judge did to the Sope-boylers.

The Country-man followed the plough, and his thinking he was assured of his right of Property and liberty, gave him ability to do it. He believed his neighbor, his landlord, his King, could not take his goods from him without his consent. He knew the usual payments by law, and in extraordinary causes thought to have that care to choose such for his Knights of his shire, or for his Burgesses, as might be mindful of the cause of payment, and of his estate.

This man hath heard the opinions and judgment of this Judge, hath seen his goods taken from him without his, or his knights of the Shire, or Burgesses consent or advise. These have made him, his wife, and children to join in tears to wish they had never been borne, they have made them think on many ways to keep sase that estate which was yet left them, have made them desire to sell all their goods, and hide the money, but then he remembers this Judge, how that he shall be carried to prison, and remain there if he pay not what please others to assesse him. Then they think idle persons (the droanes and moths of the Common wealth) to be a wise people, who to be unworthy to live, they formerly conceited. They expect and can think of nothing, but to be Beggars.

Where public and enormous offenses have been committed, eminent and notorious punishments must be, such will make your Lordships proceedings highly esteemed, else there will be so many offenders, as none without danger can be punished.

This Judge, subverting our Laws, took away the hearts of many; he subscribed for the Kings power, but so as he put him on taking his Subjects goods, and of all other, such ways be most dangerous; For we know, his Majesty is not the last that suffers, and is not the King worth many thousands.

The place of this Judge was to have given and preserved to the King the hearts of his Subjects, the due execution of the laws had done this, and when such notice is taken of a Prince, none will conspire against him who cannot fain to themselves safety before or after any fact committed. Forraigne enemies will not invade his Kingdoms.

Thus hath his Majesty now got our hearts, and will forever have them. This Judge is to answer for what his Majesty, and for what we have suffered.

I am by command of the House of Commons to desire of your Lordships that the proceedings against Sir Robert Berkley Knight, one of the Justices of his Majesty's Court of Kings Bench may be put in as speedy a way of Trial, as the course of Parliament will allow.