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Mr. Serjeant Finch,
THE King's Majesty calling to mind your many Services to himself, and the Queen, and knowing well your great Learning, accom∣panied with much Dexterity in the accomplish∣ing of Business of weight, hath appointed you to succeed in the Place vacant in this Court, and
here to sit as Chief Justice. In this you see a manifest Argument of singular Goodness of the King and Queen, so mindful of their Servants, imitating God above, that rewardeth not secun∣dum, sed supra Bona Opera. Now as many here∣tofore, so you in your due time have cause to acknowledge with David, that your Cup doth overflow. As this is a great comfort to see your Endeavours not only favoured with Accept∣ance, but Crowned with Reward; so it will in∣struct you (your Service having brought you Promotion) and put you in mind of your Ser∣vice, that the Gifts of Princes, though they are sine aliquo reddendo, yet they are not to be reck∣oned so by them that have them; but as Fruits sown in fruitful Ground to them that receive them: And of this Nature is your Place, which your Master gives you to serve him in; and yet you must serve him so, as you may be fruitful to his People. I remember in R••tulo Parliamenti. 20 Ed. 1. in a great Cause between Humphrey de Bohun, and Gilbert de C••are; It was said of that King, he was as great a Lawgiver, as a Victo∣rious Prince, and therefore stiled the Justinian of England, Rex omnibus Justitiae Debitor. The King, our Master, as much as any, makes the same acknowledgment in Practice: never any King, I may say, never any Man of juster, or more upright heart, that equal Justice should be ministred to his Subjects; for he knows well, that Rex & Subditus are Cor∣relatives, even as Man and Wife; and the Emblem of King not wanting betwixt them. As the Subject owes Obedience, so the King Protection and Justice. This Debt is Debitum Justitiae, too great and heavy a Burden to be born by a King, compounded only of Mortal Flesh, were it not that his Councel were as Re∣ligious and Just, as he is Wise and Po••itick; and thereby the Load of the King's Business is lighted, by laying a part of the great and in∣supportable Burthen upon the Judges: For his Debitum Justitiae, which is the Debt of a King primarily, by a secondary means becomes the Debt of Judges, and under as great Bonds as may be; greater there cannot be to bind the Consciences of men. The first Bond is Debi∣tum Patriae, due to all the Kings People, whose Causes and Places are the proper Subjects of this Tribunal, and whose flourishing Estate de∣pends much upon the▪ Just Proceedings of this Court.
Were there no other Motive, yet this that prevails among the Heathen, Amor Patriae, were strong enough to make Judges desirous of their Duty. The second is, Debitum Regi; for he trusts them with his Richest Treasure, that which is dearer than the Apple of his Eye. His Justice is one Prime part of his Oath at his Co∣ronation, Facies fieri in omnibus Justitiam Aequam & rectam: And what you are to give the King for this, you shall need to go no farther than your Oath, the neglect of which puts you to the Will of the King, for Body, Laws and Goods. The third the greatest of all, Debitum Deo, as he is the Fountain of all Justice, and a fearful avenger of them that do the contrary. And three ways I shall mind you how this is a Debt to God. First, Ratione Juramenti, by reason of your Oath, for the immediate relation it hath to God; that it is Religio Jurisjurandi, and therefore, under this Oath, you are bound to God in a full dis∣charge. Secondly, Ratione Loci, for the seat of Judges; God sits whereon you sit; and you may assure your selfe, that he that sets you there, will take strict account of you. Thirdly, Ra∣tione Judicii: The Judgment it self is God's, if you be upright, as you ought. It is said in the 82d. Psalm, God stands in the Congregation of Princes, is the Judg among Gods; and so when you sit here, you must think God is in your face, to give Judgment as it is right, or otherwise, to punish; and therefore when you shall sit your self on your Cushion, either here, or in any other place, you haue cause to say, as Jacob did when he had slept in Bethel, How dreadful is this Place! This is the House of God. This in the general. I fear I have spent too much time; I will make amends in the Particulars: Somewhat for Or∣der. Communia Placita, the Pleas of the People; as they are numberless, so necessarily must their Pleas and Causes be, therefore they are all Ci∣vil, whether for Lands, Goods real, personal, or mixt: they are the proper Object of this Court. First therefore, you must use diligence in attending and dispatching the multitude of business in this Court. Common Industry may discharge Common Employment; but this is Superlative and Transcendent, and therefore your diligence must be extraordinary. Secondly, you must use great patience in matters brought before you;
I must confess, that a multitude of Busi∣ness, and a good-will to dispatch, will as soon try ones Patience as any thing; yet whatsoever Tryal you are put to, be not from your Tryal. Nothing better becomes a Judg than Patience. Thirdly you must use great caution in discern∣ing those things brought before you; for those that have ill Causes will omit no endeavour to beguile you: therefore you must keep Watch and Ward, and try every thing, that no Coun∣terfeit come to be put upon you. Then, in the fourth place, it is necessary to use all expedi∣tion. Nulli deferemus is coupled with Nulli ne∣gabimus, Nullo vendemus Justitiam: all three naught, and none can tell which is the worst. In the first place, I shall advise and wish you, in all your Judgments, to insist upon the anci∣ent ways of your Common law. New Opinions are many times in a Councellor retain'd, to defend a Side; but they stand not with the Gravity of a Judg. To invent or find any thing is commendable in a Councellor, but let a Judge stand super antiquas vias; for Lex Lo∣ci & Consuetudo Angliae is all in all. One Par∣ticular more, which (I think) conduceth much to Justice, is, to give all encouragement to the good and expert clarks of this Court. It hath ever been the great commendation and Honour of this Court to be furnished with the best Clerks. These encourage others, inform, and reduce to the same purity of pleading, which (as Mr Littleton saith) is one of the most Honourable things in the law, And if a Man observe what a multitude of Just Causes are overthrown by vitious Entries, and Plead∣ings, he will have Just cause to believe it. I know to whom I speak. Your great Under∣standing and Judgment, and that Integrity in you, need not that I should say half this: and yet, considering what Order is, and the duty of my place, and affection to your Person, I could do no less. I shall shut up all in two Memento's. The one, That the Justices of this Court are styled by the Name of Justitiarij without Addi∣tion, and the Process likewise coram Justitiariis without Addition. Addition, for the most part, diminishes. It is an Honour, and some∣what more, that it hath been attributed more
to this Court than to any other. Think on it, and let it be an occasion for you to think what it is, and to follow it. The next Memento is, to remember the Catalogue of your Predecessors: for I may be bold to say, as many and Reverend Men have been upon the Cushion in this Court, as ever sat on any; especially the remembrance of the best is the best Instruction and Lesson for your self. Out of my true and hearty affection to you, I wish you may often think of them; and so think of their Ways, that your Ways may exceed, and out-run the best.
And the Lord Chief Justice returned, as fol∣loweth;
May it please your Lordship,
Levis est Dolor, qui Consilium capere potest.
GReat Joy brings forth no less, and breeds no less perturbation in their thoughts that enjoy it. How it must then be with me, at this present, I leave to your Lordship to Judge. to my self, I must confess, I appear like one for a long time shut up in a dark Room, upon whom a great Light, on a sudden, hath broken in. I muse at the consideration of my own weak acknowledgment of the Kings Goodness shin∣ing upon me at this time. Ignotus moritur sibi, is a sad finishing of a man's own Course. I shall crave your Lordships patience; and if I live, shew you how unwilling I am to live the one or die the other. I have now spent (I would I could say not mis-spent) Thirty-four years in relation and Practice of the Common-Law; Relation I call it, for the first Six Years bestow∣ed by me in the Books of Law, by some un∣happy means I was diverted, and my resolution fitted to another way for Forreign Employ∣ment, to which, after Nine or Ten Years, I was design'd: and at that time, the Great Seal be∣ing put into the Hands of that High-Treasurer of all Learning and Eloquence, the Lord of St. Albans, (pardon, my good Lord, if my never∣forgotten Favours desire to revive him, whose faults let them be buried with him in the Grave; I remember his Vertues (by him was I invit∣ed to the practice of the Common-Law. His Fall, and other Misfortunes to your Lordship not unknown, drew me from my Study: But afterwards, resolutely turning my Hand to the Plough again, it pleased God to send your Lordship that Place, which now you hold, (which God continue) and my prayer shall be ever from the bottom of my Heart, that I may never see it in another Hand: and when Ata∣lanta-like I stooped at the Ball of Profit, neg∣lecting the Goal of Honour, spending my time more in the Service of the Subject, than my own Good; He, in whose Hands the Hearts of Kings are, hath bowed the Heart of my Gra∣cious Soveraign and Master to me; and I learn to think that is best which he doth, and so sub∣mit my self to His Pleasure. This hath bred in me several Meditations, some of comfort and Consolation. Here sit by your Lordship Three Grave and Learned Judges well-versed in the ways of this Grave Court; and I am as con∣fident of their particular Affection to me, as certain of my own to them; two of the same Society where I was bred, my Ancient Ac∣quaintance; and from the third I ever had a respective Carriage. I shall think it no dispa∣ragement to see with their Eyes, to hear with their Ears, and to speak with their Tongues, till my own Observation and what I shall hear by them, may make me more substantial. In the Gospel of Christ His Coat is said to be with∣out Seam; and in the Psalms, that the Queens Vesture was of divers colours: upon which one of the Fathers makes this Observation, In Veste varietas, Scissura nulla. Sometimes we may differ in opinion; but our Hearts shall be like our Robes. My chiefest Comfort is in the confi∣dance of your Lordships Noble Favour, whom I shall ever set as a Mirrour before my Eyes. I count it happy, that I shall attend your Lord∣ship in a Court whereby I may learn, and you see my Endeavours to follow your Precepts and Example, which hath ever been accompanied with all Vertues: The assurance of the King's Majesties Favour is Happiness, as fit for my Wonder, as for my Words. At his first Ac∣cess to the Crown, He was pleased, upon some small occasion to cast a Princely Eye upon me; after he made me of his Learned Council, and then commended me to the Service of my ever most Gracious and Excellent Mistress; and still doubled his Favours in continuing me in his own Service. Afterward he pricked me out to the Parliament to serve him and the Common∣wealth; and though my own disability made me seek to decline it, himself gave me means to support it (a thing before not known) and found out a way to add some more value to me, by ranking me above others before me in Place and Merit. These, and more Favours innume∣rable have comforted me; that nothing but my own demerits can lessen his Grace to me. I begin to think of what Demosthenes said to the People of Athens, when they chose their Offi∣cers:
To take up Thoughts and Cogitations fit for the Greatness and Dignity of this Place; and in that I cannot but remember those Judges which Jethro commended to Moses (whom your Lord∣ships remember) Men Timentes Deum, & qui oderunt avaritiam. His Majesties Love shall∣make me hate all base and fordid Thoughts, and stir up in me all zeal to his Service. For Up∣rightness between Man and Man, I shall need no other Argument but the justness of his Royalty, who likes best of those Servants that best distri∣bute his Justice to his People; for the rest, Levavi oculos meos in montem unde venit auxilium; God's Grace give me assistance, as he did to the poor Fishermen. I shall account it your Lordships great Favour to make my humble Re∣cognitions and Resolutions, with the best ad∣vantage of your Lordships Expression, known to the King's Majesty.
I know not whether it may be thought material to acquaint the Reader with some Decrees of Star-Chamber, made much about this time.
The first whereof was against Mr. Prynn, a∣bout his leaving a Libellous Writing in the At∣torney Noy's Chamber, this writing reflecting ve∣ry highly against the Justice of that Count, and some eminent Members thereof; in fine; upon his submission, and the intercession of the Arch∣bishop in his behalf, he was pardoned.
The Second was, A Decree against the Impo∣sition of Farthing-Tokens upon poor people for their wages.
The Third was against Sope-Boylers, for using Fish-Oyl in making their Sope, and not suffering the Assay-Master to try and mark their Sope; but
meeting in Taverns, being no Legal Corporati∣on, to consult hereupon.
Having mentioned his Majesties Resolution, by Advice of his Privy Councel, to maintain the Soveraignty of the Narrow Seas, as well as his Majesties Subjects, the Merchants in their Navi∣gation, and the result thereupon of levying Ship∣money, according to usage of former times, his Majesty now Issued out the first Writ for levying the Duty of Ship-Money; and it was directed to the Mayor, Commonalty and Citizens of Lon∣don.
Carolus Rex, &c.
TO the Mayor, Commonalty and Citizens of our City of London, and to the Sheriffs of the same City, and good Men in the said City, and in the Liberties, and Members of the same, Greeting. Because we are given to understand, That certain Thieves, Pirates and Robbers of the Sea, as well Turks, Enemies of the Christian Name, as others, being gathered together, wickedly taking by force, and spoiling the Ships and Goods, and Merchandizes not only of our Subjects, but also of the Subjects of our Friends in the Sea, which hath been accustomed anciently to be defended by the English Nation; and the same, at their pleasure, have carried away, delivering the Men in the same into miserable Cap∣tivity: And forasmuch as we see them dayly pre∣paring all manner of Shipping, farther to molest our Merchants, and to grieve the Kingdom, unless re∣medy be not sooner applied, and their Endeavors be not more manly met withal; also the dangers consi∣dered, which on every side, in these times of War do hang over our heads, that it behoveth us and our Subjects, to hasten the Defence of the Sea and King∣dom with all expedition or speed that we can; we willing by the help of God chiefly to provide for the Defence of the Kingdom, Safeguard of the Sea, Security of our Subjects, safe Conduct of Ships and Merchandizes to our Kingdom of England coming, and from the same Kingdom to Foreign Parts passing; forasmuch as we, and our Progenitors, Kings of England, have been always heretofore Masters of the aforesaid Sea, and it would be very irksom unto us, if that Princely Honour in our times should be lost, or in any thing diminished. And al∣though that Charge of Defence which concerneth all men, ought to be supported by all, as by the Laws and Customs of the Kingdom of England, hath been accustomed to be done: Notwithstanding we con∣sidering, that you Constituted in the Sea-Coasts, to whom by Sea as well great dangers are imminent, and who by the same do get more plentiful Gains for the Defence of the Sea, and Conservation of our Prince∣ly Honour in that behalf, according to the Duty of your Allegiance against such Attempts, are chiefly bound to set to your helping hand; we command firm∣ly, enjoyning you the aforesaid Mayor, Commo∣nalty and Citizens, and Sheriffs of the said City, and the good Men in the same City, and in the Liberties and Members of the same, in the Faith and Allegiance wherein ye are bound unto us, and as ye do love us and our Honour, and under the forseit∣ure of all which ye can forfeit to us, That ye cause to be prepared and brought to the Port of Portsmouth, before the first Day of March now next ensuing, one Ship of War the Burden of Nine hundred Tuns, with three Hundred and fifty Men at the least: as well exp••rt Masters, as very able and skilful Mariners: One other Ship of War of the Burden of Eight Hundred Tuns, with Two Hundred and Sixty Men at the least, as well expert Masters, as very able and skilful Mariners: Four other Ships of War, every of them of the Burden of Five Hundred Tun•• and every of them with Two Hundred Men at the least, as well exp••rt Masters, as very able and skilful Mariners: and one other Ship of War, of the Burden of Three Hundred Tuns, with One Hundred and Fifty Men, as well exp••rt Masters, as very able and skilful Mariners: And also every of the said Ships with Ordance, as well greater as lesser, Gunpowder, and Sp••ars and Wea¦pons, and other necessary Ar••'s sufficient for War, and with double Tacking, and with Vic••u••••s, 〈◊〉〈◊〉 the said first of March, comp••tent for so ma••y Men; and from that time, for Twenty six we••••••, at your Charges, as well in Vic••u••••s as mens Wages, and other things necessary for War, during that time, upon defence of the Sea in our Service, in Command of the Admiral of the Sea, to whom we shall com∣mit the Custody of the Sea, before the aforesaid first Day of March, and as he, on our be••alf, shall command them to continue; so th••t they may be there the same day, at the farthest, to go f••om thence with our Ships, and the Ships of other ••aithful Sub∣jects, for the Safeguard of the Sea, and defence of you and yours, and repulse and vanquishing of whomsoever bus••ing themselves to molest or ••••••••ble upon the Sea our Merchants, and other Subjects, and Faithful People coming into our Dominions for Cause of Merchandize, or from thence returning to their own Countries. Also we have Assigned you, the aforesaid Major and Aldermen of the City afore∣said, or any thirteen, or more of you, within thirty days after the receipt of this Writ; to Assess all men in the said City, and in the Liberties and Mem∣bers of the same, and the Land-holders in the same, not having a Ship, or any part of the aforesaid Ships, nor serving in the same, to contribute to the ••x∣pences, about the necessary provision of the 〈◊〉〈◊〉; and to Assess and lay upon the aforesaid City, with the Liberties and Members thereof, viz. upon every of them according to their Estate and Substances, and the portion Assessed upon them; and to nominate and ap∣point Collectors in this behalf. Also we have Assigned you, the aforesaid Major, and also the She∣riffs of the City aforesaid, to Levy the Portions so as aforesaid Assessed upon the aforesaid Men and Land-holders, and every of them in the aforesaid City, with the Liberties and Members of the same, by Distress and other due Means; and to commit to Prison all those wh••m you shall find Rebellious and contrary in the Premises, there to re∣main until We shall give further Order for their delivery. And moreover We command you that about the Prenases ye di••••gently attend, and do, and execute those things w•••• effect, upon p••ril that shall f••ll thereon: but We will not, 〈◊〉〈◊〉 under co∣lour of Our afors••ad Command, more should be le∣vied of the said men, than shall suffice for the ne∣cessary expences of the Premises; or that any, who have levied mony for Contribution, to raise the a∣foresaid Charges, should by him detain the same, or any part thereof, or should presume, by any man∣ner of Colour, to appropriate the same to other uses; Willing, that if more than may be sufficient shall be Collected, the same may be paid among the Contributers, for the rate of the part of them be∣longing.
Witness My Self, at Westminster the 20th day of October in the 10th year of Our Reign.
Parkhurst, then Mayor, hereupon Summons the Common Councel of the City; who deeming themselves exempt by ancient Priviledges, Grants
and Acts of Parliament, Petition his Majesty, as followeth;