vanced all those that, together with himself, have been the authors and causers of all the ruins, miseries, and calamities we now groan under. Who is it but he, only, that hath brought the earl of Strafford to all his great places and employments? A fit spirit and instrument to act and execute all his wicked and bloody designs in these kingdoms. Who is it but he, only, that brought in secretary Windebank into that place of trust; the very broker and pander to the whore of Babylon? Who is it, Mr. Speaker, but he, only, that hath advanced all our Popish bishops? I shall name but some of them; bishop Manwaring, the bishop of Bath and Wells, the bishop of Oxford, and bishop Wren, the least of all these birds, but one of the most unclean ones. These are the men that should have fed Christ's flock, but they are the wolves that have devoured them; the sheep should have fed upon the mountains, but the mountains have eaten up the sheep. It was the happiness of our church, when the real of God's house eat up the bishops, glorious and brave martyrs, that went to the stake in defence of the Protestant religion; but the zcal of our bishops hath been only to persecute and eat up the church. Who is it, Mr. Speaker, but this great archbishop of Canterbury, that hath sitten at the helm, to steer and to manage all the unlawful projects that have been set on foot in this kingdom these ten years last past? And rather than he would stand out, he hath most unworthily trucked and chafered in the meanest of them; as for instance, that of Tobacco, wherein thousands of poor people have been stripped and turned out of their trades, for which they have served as apprentices: we all know he was the compounder and contracter with them for the licences, putting them to pay fines, and a fee-farm rent to use their trade. Certainly, Mr. Speaker, he might have spent his time much better, and more for his grace in the pulpit, then thus sherking and raking in the Tobacco-shops. Mr. Speaker, we all know what he hath been charged with here in this house; crimes of a dangerous consequence, and of a transcendent nature; no less than the subversion of the government of this kingdom, and the alteration of the Protestant religion; and this not upon a bare information only, but much of it is come before us already upon clear and manifest proofs; and there is scarce any grievance or complaint come before us in this place, wherein we do not find him intermentioned, and, as it were, twisted into like a busy angry wasp, his sting is in the tail of every thing: we have likewise, this day, beard, in the report of the conference of yesterday, the accusation which the Scots nation bath charged him withal; and we do all know he is guilty of the same, if not more, here in this kingdom. Mr. Speaker, he hath been the great and common enemy of all goodness and good men; and it is not safe that such a viper should be near his maj.'s person, to distil his poison into his sacred ears; nor is it safe for the commonwealth, that he sit in so eminent a place of government, being thus accused: we know what we did in the earl of Strafford's case: this man is the corrupt fountain that hath infected all the streains, and till the fountain be purged, we can never expect or hope to have clear channels. I shall be, therefore, bold to offer my opinion, and, if I err, it is the error of my judgment, and not my want of zeal and affection to the public good. I conceive it is most necessary and fit, that we should now take up a resolution to do somewhat; to strike while the iron is hot; and to go up to the lords in the names of the commons of this house, and in the names of the commons of England, and to accuse him of High Treason; and to desire their lordships his person may be sequestred, that, in convenient time, we may bring up his Charge.' Informations against Dr. Wren, Bp. of Ely.} Dec. 19. It was ordered, "That a message should be sent to the lords, to acquaint them, that there are certain Informations of a high nature, in their house, against Dr. Matthew Wren, bishop of Ely, concerning the setting up of Idolatry and Superstition, in divers places, and exercising some acts of it in his own person; with divers other matters of great importance; and that they have information likewise, that he endeavours an escape: therefore they desire their lordships that there may be some care taken, that he may give good security to abide the judgment of parliament.' Mr. Hamp den went up with this message, to whom the lord keeper returned this Answer, That their lordships had ordered the bishop of Ely to give bail for 10,000l. to stand the judgment of parliament." Secretary Windebank flies the Kingdom.] This parliament of inquisition, as Saunderson calls it, began now to look terrible to all that lodged but under a suspicion of guilt; but in sufferable to those whose consciences condemned themselves. Sir Francis Windebank, secretary of state, was said to be one of the latter; who, observing a storm rising strongly against him, by some votes in the house, about the beginning of December, thought proper to withdraw himself to a place of greater safety, and fled into France. : Articles against Secretary Windebank.] The Articles against him were ready drawn up, and the crimes he was accused of were as follows:"1. Seventy-four Letters of Grace to Recusants, within these 4 years, signed by his own hand. 2. Sixty-four Priests in the Gatehouse, within these 4 years discharged, for the most part, by him. 3. Twenty-nine discharged by his verbal order. 4. A Warrant to protect one Muffon, a condemned Priest, and all the houses he frequented. 5. One committed by the king's own hand, and discharged by him, without signification of the king's pleasure therein. 6. A Petition of St. Giles in the fields, near LonBishop of Ely.don, to the king, of the Increase of Popery in Bishop of St. Davids'. + Dr. Wm. Piers. Dr. John Bancroft. their parish, wherein 21 persons were seduced and turned by two priests, the which priests were both discharged by him." and to give him the honour of access whensoever he shall make his addresses to you; wherein you shall do a work of singular charity.-Now, because there is an opinion in the world, that I have much improved my for tune by the Roman party, and that there hath been a design, by my ministry, to introduce popery into England, I shall humbly crave your lordship's patience in giving me leave to clear these two great misunderstandings; which, if they were true, were sufficient to render me uncapable of his majesty's favours, or of the compassion of any person of honour all the world, that having now served his ma jesty, in the place of secretary, for the space of above 8 years, I have not added one foot of land to the inheritance left me by my father; which, in land and lease, was not above 500!. per annum; a poor and inconsiderable estate for a secretary, and such a one as most secretaries have more than trebled in a short time: for my manner of living, it hath been much under the dignity of a secretary, and if I had not been very frugal, I could not have subsisted; where then this concealed mass of treasure is, I wish those that speak so liberally of it would let me know; for I do protest to God I am utterly to seek where to discover it; and at this present I am so unfurnished with money, that if his majesty cause me not to be supplied, I am unable to subsist in these parts, without exposing my family in England to the danger of starving; and yet neither my purpose nor inclination is to live otherwise here, than in the greatest obscurity and closeness that pos sibly I may. I assure your lordship that those of the Romau party that passed my hands, by his majesty's commandment, were poor dis tressed creatures, and far from being able to enrich me: and besides, how little I have attended my own private interest, and how freely and like a gentleman (I hope I may speak the truth without ostentation) I have Secretary Windebank's Vindication of himself in a Letter to the Earl of Pembroke.] From Calais this unfortunate statesman wrote the following letter to Philip earl of Pembroke, then lord great chamberlain of England; which, though not strictly parliamentary, may well claim a place in this history. It was in these words: "My lord; I owe myself to your lordship for your late favours, and therefore much more the account of myself; though the debt, in either respect, be of little consi-whatsoever.-For the first, it is notorious to deration, and the cancelling of both may be of greater advantage to you than to continue the obligation. This account had been presented to your lordship at my first arrival here with my first dispatches, but I was so mortified with my hazardous passage in an open shallop, and so perplexed with the thoughts of miseries, into which I find myself plunged; and besides, the departure of the messenger that carried those letters, was so sudden, that it was not possible to perform this duty to your lordship sooner; for the which I do inost humbly crave pardon. Your lordship may now please to accept the expressions, from the saddest and most wounded soul in the whole world, who am a spectacle of misery in myself, in my distressed wife and children, and in my whole fortunes; who have left the attending of my sovereign and master, and access to the best prince in the world; who am become a scorn and by-word to all the world, both at home and abroad; a wanderer, an exile from my own country, now in the declination of my years, and likely to end my days in a remote country, far from the comfort of all my friends. -What I am guilty of none knows so well as his majesty, whom I have served faithfully, diligently, and with as true and loyal a heart, according to my poor abilities, as any other whatsoever; and if I found my conscience charged with any crime of baseness, corrup-done courtesics to all, I wish it should rather tion, infidelity, or any thing else unworthy of appear by the testimony of such as have made a gentleman, I should not venture to address use of my services, than by my own. My father these complaints to your lordship, or to any and I have served the crown of England near other person of honour.-In this disconsolate 30 years together, in which time, if a greater estate, being an object not altogether unwor-estate had been raised it might well have been thy of your lordship's compassion, be it for no other respect, but that I have long served the king and queen's majesties, I doubt not but your lordship, in your generosity and goodness, will have a lively sense and feeling of my sufferings, and vouchsafe me such relief as in your honour you may; and if myself, who, by course of nature, cannot be now of long continuance, be not considerable, I must be seech your lordship to have pity upon my poor innocent wife and children, that they receive such comfort and assistance from you in my absence, that they may be preserved from perishing. And to that end I most humbly crave your lordship's favour to this bearer, my son, justified, considering the great employments near the persons of queen Elizabeth, king Jamnes, and his majesty that now is, we both have had; and your lordship may believe it, for I avow it upon the faith of a christian, that it is no more than I have above-mentioned; and whether there are not many, from less employments, have risen to be noblemen, and made their fortune accordingly, I leave the world to judge. For the other suspicion, of my being a favourer or advancer of popery, I protest before the Almighty God, and as I shall answer at the last dreadful day, that I know no ground for the least suspicion thereof; neither am I myself, nor is any of mine, to my knowledge, guilty of the least thought of any such purpose; for myself, I received my bap tism in the church of England, and I know nothing in the church of Rome that can win me from that church wherein I was made a Christian; I do therefore hold this church of England, not only a true and orthodox church, but the most pure and near the primitive church of any in the Christian world; and this I will be ready to seal with my blood, whensoever there shall be occasion: with this further protestation, that if I did not hold it so, I would not continue in it for any worldly Consideration whatsoever.*-For that which hath passed my hands for favour of that party, it hath been merely ministerial, as his maj. best knows; and I must be bold to say that his maj. hath not been deceived by it, but hath received many greater advantages: besides that, if a secretary of state should not hold intelligence with the party, is absolutely to disable bim from the service of the state, and that hath been done always more or less, and so must always continue: kings and their ministers of state have ever had, and might ever have, a latitude according to time and occasion, and cannot be so tied, according to strictness of law, as others are, without peril to the government; therefore, when the Roman party were practique and busy about the state, there was reason to be more strict; but now, by the wisdom of the queen and her good offices, they are better tempered, less severity hath been used; it being the prerogative of the prince to use moderation according to the accusation. Further than this I have not had to do with the Roman party, nor thus far, but in obedience to my master's commandment; which I hope shall not be censured a crime. This being my condition, I most humbly subit it to your lordship's wisdom and goodness; and seeing there is no malignity in it, nor prejudice to the state, that your lordship would Vouchsafe me your favour and protection, and preserve from perishing your lordship's most humble and faithful, though much distressed servant, "FRAN. WINLEBANK." "Calais, Jan. 11, 1640." PROCEEDINGS ON THE IMPEACHMENT OF THE LORD KEEPER FINCH. was admitted in this manner:- The Lord Keeper's Apology before the Commons. The speech he inade, on this uncommon occasion, was as follows;* "Mr. Speaker; I do, first, present my most humble thanks to this honourable assembly, for this favour vouchsafed me, in granting me admittance to their presence; and do humbly beseech them to believe it is no desire to preserve myself, or my fortune, but to deserve the good opinions of those that have drawn me hither. I do profess, in the presence of Him that knoweth all hearts, that I had rather go from door to door, and crave Da obolum Belisario, &c. with the good opinion of this assembly, than live and enjoy all the honours and fortunes I am capable of. I do not come hither with an intention to justify my words, my actions, or my opinions; but to make a plain and clear narration thereof, and then humbly to submit myself, and all that concerns me, to the wisdom and justice of this house.-I do well understand, Mr. Speaker, with what disadvantage any man can speak in his own cause; and if I could have told how to have transmitted my thoughts and actions by a clearer representation of another, I do so much defy my own judgment in working, and my ways in expressing, that I should have been a most humble suitor, that another might have done it. But this house will not be taken with words, but with clear and ingenuous dealing; and therefore I shall beseech them to think, I come not hither with a set and studied speech; I come to speak my heart, and to speak it clearly and plainly, and then leave it to your clemency and justice; and I hope, if any thing shall slip from me, to work contrary to my meaning or intention, disorderly or ill placed, you will be pleased to make a favourable construction, and leave me the liberty of explanation, if there shall be any but I hope there shall be no cause for it. I hope, for my affection in religion, no man doubteth me; what my education, and under whom, for many years, is well known; I lived near 30 years in the society of Gray's-Inn: and if one, that was a reverend preacher in my time, Dr. Sibbs, were now alive, he were able to give testimony to this house, that when a party, illaffected in religion, sought to weary him, and tire him out, he had his chiefest encouragement from me.-Í have now, Mr. Speaker, been 15 years of the king's council; from the first hour From the original edition, printed by Thomas Walkley. to this minute, no man is able to say that ever I was author, adviser, or consenter to any project. It pleased the king, iny gracious master, after I had served him divers years, to prefer me to two places; to be Chief Justice of the Common Pleas, and then Keeper of his Great seal. I say it in the presence of God, I was so far from the thoughts of the one, and from the ambition of the other, that but for my master's grace and goodness, I had never enjoyed those honours-I cannot tell, Mr. Speaker, nor do I know, what particulars there are that may draw me into your disfavour or ill opinion; and therefore I shall come very weakly armed: yet to those that either in my own knowledge, or by such knowledge as is given me, and not from any in this house, I shall speak somewhat, that I hope, being truth, and accompanied with clearness and ingenuity, will procure, at least, some allay of that ill opinion which may perhaps be conceived of me.-Mr. Speaker, I had once the honour to sit in the place that you do from the first time I came thither, to the unfortunate time (see p. 490), I do appeal to all that were here then, if I served you not with candour. Ill office I never did to any of the house, good offices I have witnesses enough I did many. I was so happy that, upon an occasion which once happened, I received an expression and testimony of the good affection of this house towards me. For the last unhappy day, I had a great share in the unhappiness and sorrow of it. I hope there are enough do remember, that no man within the walls of this house did express more symptoms of sorrow, grief, and distraction, than I did.--After an adjournment for 2 or 3 days, it pleased his majesty to send for me, to let me know that he could not so resolve of things as he wished; and therefore was desirous of an adjournment for some few days more. I protest I did not then discern in his majesty any inclination, and I believe it was not in his thoughts, to dissolve this assembly; but he was pleased, in the first place, to give me a command to deliver his pleasure to the house for an adjournment for some few days, till the Monday following, as I remember; and commanded me withall to deliver his pleasure, that there should be no further speeches, but forthwith, upon the delivery of the message, I should come and wait upon him he likewise commanded me, if questions were offered to be put, upon my allegiance I should not dare to do it. How much I did then, in all humbleness, reason with his majesty, is not for me here to speak; only thus much let me say, I was no author of any counsel in it, I was only a person receiving a commission. I speak not this as a thing I now produce or do invent, or take up for my own excuse; but that which is known to divers, and some honourable persons in this house, to be most true. All that I will say for that, is humbly to beseech you all to consider, that if it had been any other man's case as it was mine, how he would have comported himself between the displeasure of a gracious king, and the ill opinion of this honourable assembly. I beseech you lay all together, lay my first acti ons and behaviour with the last; I shall submit all to your honourable and favourable con structions. For the Shipping-Business, my opinion of that cause hath lain heavy upon me. I shall clearly and truly present unto you what every thing is, with this protestation, That if, in reckoning up my own opinion that I was of, or what I delivered, any thing of it be displeas ing, or contrary to the opinion of this house, that I am far from justifying of it; but submit that, and all other my actions, to your wisdoms and goodness.-Mr. Speaker, as to the first writs that were sent out about the Shipping-business, I had no more knowledge of it, and was as ignorant as any one member of this house, or any man in the kingdom. I was neither the author nor adviser of it; and will boldly say, from the first to this hour, I did never advise nor counsel the setting forth of any Ship-Writs in my life.-Mr. Speaker, it is true that I was made chief justice of the Common Pleas some four days before the ShipWrits went out to the ports and maritime places. As I do remember the 20th of Oct. 1634, they do bear teste; and I was sworn justice the 16th of Oct. so they went out in that time, but without my knowledge or privity: the God of Heaven knows this to be true. --Mr. Speaker, afterwards his maj. was pleased to command my lord chief justice of the king's bench, that then was, Sir Tho. Richardson; and chief baron of the Exchequer that now is (Sir Humphrey Davenport,) and myself, then chief justice of the Common Pleas, to take into consideration the precedents then brought unto us, which we did; an after returned to his maj. what we had found out of those prece dents.--It is true, afterwards, his maj. did take into consideration, that if the whole kingdom were concerned, it was not reason to lay the whole burthen upon the Cinque-ports and maritime towns only: but upon what ground his maj. took that consideration, I do confess! do know nothing of it.-His maj. did command my lord chief justice, that now is (Sir The. Bremston,) my lord chief baron, and myself, to return our opinions; Whether, when the whole kingdom is in danger, and the kingdom in general is concerned, it be not according to law and reason, that the whole kingdom and his maj. and all interested therein, should join in defending and preserving thereof?' This was in time, about 1634.-In Michaelmas term following, his maj. commanded me to go to all the Judges, and require their opinions in particular. He commanded me to do it to every one, and to charge then, upon their duty and allegiance, to keep it secret. Mr. Speaker, this was never intended by his maj. (so pro fessed by him at that time, and so declared to all the Judges) nor was it 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 advice, they might alter it; hi only desired their opinions for his own private speech of it. And when they had delivered satisfaction.I know very well, that extraju- their opinions, I did return, according to my dicial opinions of Judges ought not to be bind-duty, to my inaster the king, and delivered ng: but I did think, and speak my heart and then to him; in whose custody they be.-In conscience freely; myself and the rest of the Feb. 1656, upon a command that came from Judges being sworn, and by our oaths tied to his maj. by one of the then secretaries of state, counsel the king when he should require advice the judges being all assembled in Gray's-Inn, of us; and we were bound, by our oaths and we did then fall into a debate of the case then duties, to return our opinious, when demanded; sent unto us; and we did then return our accordingly I did obey his pajesty's command, opinion unto his maj. There was then much and do here, before the God of Heaven, avow discourse and great debate about it. Mine it.—I did never use the least promise of pre- opinion and conscience, at that time, was ferment or reward to any, nor did use the least agreeable to that opinion I then delivered. I menacing; I did leave it freely to their own did use the best arguments I could, for the consciences and liberty, for I was left the maintenance of my opinion; and that was all liberty of my own by his majesty, and had I did. It is true that then, at that time, Mr. reason to leave them the same liberty. And I Justice Hutton, and Mr. Justice Crooke, did beseech you be pleased to have some belief, not differ in the main point, which was this: that I would not say this, but that I know the When the kingdom was in danger, the charge God of Heaven will make it appear; and I ought to be borne by the whole kingdom.' Leseech you, that extravagant speeches may But in this point, Whether the king was the not move against that which is a positive and sole judge of the danger they differed: so clear truth.-Mr. Speaker, in the discourse of as there was, between the first subscription, this (as there are, between Judges, some small and this debate and consultation, some 15 discourses sometimes) never was there any months difference.-It is true, that all of thein cause wherein Judges conferred, that so little did then subscribe, both justice Hutton and conference was as between me and them. Mr. justice Crooke; which was returned to his Speaker, against a negative I can say nothing; majesty, and after published by my lord but I shall affirmu nothing unto you, but, by the keeper, my predecessor, in the Star-Chamber, grace of God, as I affirin it to be true, so I-For the manner of publishing it I will say make no doubt of making it appear 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, Mr. Justice Hutton, and Mr. Justice Crooke. Mr. Justice Crooke made not a scruple of the thing, but of the introduction, for it was thus: That where the ports and the maritime tons were concerned, there, according to the precedents in former times, the charge lay on them so when the kingdoin was in danger, of which his majesty was the sole judge, whether it was not agreeable to law and reason, the whole kingdom should bear the charge? I left this case with judge Crooke. The next term I spake with him, he could give me no resolution, because he had not seen the writs in former times; but did give his opinion, That when the whole kingdom was in danger, the defence thereof ought to be borne by all. So of that opinion of his, there was no need of a solicitation,-I speak no more here than I did, openly, in my argument in the Exchequer Chamber: this is the naked truth. As for Mr. Justice Hutton, he did never subscribe at all. I will only say this, that I was so far from pressing him to give his opinion, because he did ask time to consider of it, that I will boldly say, and make it good, That when his maj. would have had him sometimes sent for, to give his opinion, I beseeched his maj. to leave him to himself and his conscience; and that was the ill office I did. The judges did subscribe in Nov. or Dec. 1635. I had no conference (nor truly, I think, by accident, any disCourse) with any of the Judges touching their opinions; for, till Feb. 1636, there was no VOL. II. 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.'-Now, Mr. Speaker, I have faithfully delivered what I did in that business, till I caine, which was afterwards, to my argument in the Exchequer-Chamber. The question was, a scire facias issued out of the Exchequer, in that case of Mr. Hampden's; of which I can say nothing, for it was there begun, and afterwards adjourned, to have advice of all the judges.-Mr. Speaker, among the rest, according to my duty, I argued the case. I shall not trouble you to tell you what my argument was; I presume there are copies enough of it: only I will, very briefly, tell you there are 4 things which I then declared. First, concerning the Matter of Danger, and necessity of the whole kingdom: I profess that there was never a judge in the kingdom did deliver an opinion, but that it must be in a case of apparent danger When we came to an argument of the case, it was not upon a matter or issue, but it was upon a demurrer, Whether the danger was sufficiently admitted in pleading? And therefore this was not the thing in dispute, but only 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 inno * Thomas Lord Coventry. 2 Y |