Mr. Edward hides SPEECH AT A Conference between both Houses, on Tuesday the 6th. of July, 1641.  
At the Transmission of the several Impeachments against the Lord chief Baron Dampert, Mr. Barron Trevor, and Mr. Barron Weston.  
Printed at London for Abel Roper, at the Black Spread-Eagle, against St. Dunstan's Church in ●●●●   

Mr. Hide's SPEECH the 6th of July 1641.  
My Lords,  
THERE cannot be a greater instance of a sick and languishing commonwealth, than the business of this day; good God, how have the guilty these late years been punished, when the Judges themselves have been such Delinquents. 'Tis no marvel that an irregular, extravagant, arbitrary power, like a Torrent, hath broke in upon us, when our banks, and our Bulworks, the laws, were in the Custody of such persons. Men who had lost their Innocence could not preserve their courage, nor could we look that they who had so visibly undone us, themselves should have the virtue or credit to rescue us from the oppression of other men, 'twas once said by one, who always spoke excellently, that the twelve judges were like the 12. Lions under the Throne of Solomen; under the Throne in obedience, but yet lions: your Lordships shall this day hear of six, who be they what they will be else) were no lions: who upon vulgar fears delivered up the precious Forts they were trusted with, almost without assault, and in a tame, easy, trance of flattery and servitude, lost and forfeited (shamefully forfeited) that reputation, awe and reverence, which the wisdom, Courage, and Gravity of their Venerable Predecessors, had contracted and fastened to the places they now hold, and even rendered that study and Profession, which in all Ages hath been, and I hope now shall be of an Honourable estimation, so contemptible and vile, that had not this blessed day come, all men would have had that quarrel to the Law itself, which Marius had to the Greek tongue, who thought it a mockery to learn that Language, the Masters whereof lived in bondage under others: And I appeal to these unhappy Gentlemen themselves, with what a strange negligence, scorn and indignation, the faces of all men, even of the meanest have been directed towards them, since to call it no worse) that fatal declension of their understandings in those Judgements, of which they stand here charged before your Lordships: But (my Lords) the work of this day is the greatest instance of a growing; and thriving commonwealth too: and is as the dawning of a fair and lasting day of happiness to this kingdom, 'tis in your lordship's power, (and I am sure 'tis in your lordship's will) to restore the dejected broken people of this Island, to their former joy and security, the successors of these men to their old privilege and veneration, & sepultas propè leges revocare.  
My Lords, the Iniquity of judges is infectious, and their craftiest combination to leave as few innocent as may be, your Lordships have heard of the justice of two of the greatest Courts of Westminster, and that you may know how little advantage the other of his majesty's Revenue, the Court of Exchequer, hath of its fellows in the administration of right. I am commanded by the House of Commons to present to your Lordships three several charges, against three Judges of that Court, my Lord chief Baron Damport, Mr. Barron Trevor, and Mr. Baron Weston, your Lordships will please to hear them read.  
Your Lord ships observe, that the great resolution in Ship-money, was a Crime of so prodigious a nature, that it could not be easily swallowed, and digested by the Consciences, even of these men, but as they who are to wrestle or run a race, by degrees prepare themselves by diet, and lesser assays for the main exercise, so these judges enter themselves and harden their hearts by more particular trespasses upon the Law: by impositions and taxes upon the Merchant in Trade, by burdens and pressures upon the Gentry in Knighthood, before they could arrive at that universal destruction, of the kingdom by Ship-money; which promised reward and security for all their former services, by doing the work of a Parliament to his Majesty in supplies, and seemed to delude justice, in leaving none to judge them, by making the whole kingdom party to their oppression.  
My. Lords, of this Crime these three judges seem to be at least equally guilty, for however one of them my Lord chief Baron, is not charged with that Judgement, in the Exchequer-Chamber against Mr. Hampden, and how he failed in making his conclusion from his own premises, he only can inform you. Your Lordships see how quickly he repented, that that mischief was done without him there, by his overtaking his Brethren in his circuit, and as he said of the vilest kind of flatterers, Crudelissimo servitutis genere, quod intra se abominabantur, palam laudabant: he made all possible haste to redeem himself from that imputation of justice, and declared publicly in the face of the Country, that it was adjudged by all the judges of England, that Ship money was due to the King, though I believe he will be now glad to be thought none of those Judges, and what others did he well knew, And thereupon imprisoned a poor man for doing that, which if Ship-money had been due to his Majesty by Magna Charta, had been lawful for him to have done; of the Resolutions and judgement itself I am not to speak, your lordships have passed your noble Judgement.  
My Lords, the first charge in order is, that presumptuous Decree against Mr. rolls and others, and in truth whatsoever gloss they put upon it, is no other than a plain grant of the Subsidy of Tunnage and Poundage to his Majesty upon all merchandise; after their goods seized for nonpayment of that pretended duty, the Proprietors brought Replevins (which is the natural and genuine remedy, appointed by Law in case of Property, and grounded upon property) the Court-awards an injunction to stay these Replevins, the goods were in the King's possession, and no Replevin would lie against the King: truly (my Lords) the Injustice here is not so scandalous, as the fraud; we all know a Replevin (as no other suit) lies against the King, if the goods be in his own hands, in his Bedchamber, but to call a seizure by the Farmours (of whose interest this Court will not deny the notice, and if his Majesty had any right, they well knew he had transferred it to these men) or the warehouses of the Customers, the King's possession, to defeat the Subject of his proper remedy, was the boldest piece of Sophistry we have met with in a Court of Law: Pardon me if I am transported: The Civilians say, Tutor Domini loco habetur cum re● administra●, non cum pupillum spoliat: The Office of Judges is to preserve and give remedy for right, here they found a right, a known and questionable right, yet instead of assisting took away the remedy, to preserve that right, what shall we call these judges? my Lords, in this Argument I am not willing to say much; 'tis enough that your lordships know tonnage and Poundage is not a duty to the crown; but a subsidy, and so granted in Subsidium, sometimes pro una vice tantum, sometimes for years, and then ceased when the time did expire, that when it was first granted for life, it was with this clause: Ita quod non trahatur in exemplum futuris Regibus, but 'tis abundantly enough that his sacred Majesty cannot be tainted with the advices and judgements of these men, but looks on this duty singly as the mere affection and bounty of his Subjects, the which no doubt he shall never want.  
My Lords, the next charge is concerning Impositions, Mr. vassals goods are seized for not paying Impost, which he conceived to be against Law, he is imprisoned, and judgement given against him, without suffering him to be heard, upon the point of right, because that had been heretofore judged in Bates' Case: And yet these very Judges have not thought themselves so bound up by former judgements, but that since this time they have argued a case upon the same point, which was adjudged in Hillary term in the 15. Eliz. and contirmed after by all the judges of England in a Writ of error, in the 21. year of that Queen's reign, 'tis Walsingham's Case, however the same modesty seized them again in the case of a Noble Lord, not now present: Whether the King without assent of Parliament, may set impositions upon the Wares, and goods of Merchants, is no new question; it hath been more than once debated in Parliament, and indeed whilst it was a question, was fittest for a Parliament: I will not trouble your Lordships long: 'tis now resolved, and nothing new can be said in this Argument, though I may have leave to say, if the King can by his Letters Parents create such a right to himself, and by a legal course recover that right under such a Title, such Letters Patents are in no degree inferior to an Act of Parliament: to reconcile such a power in the Prince, and the property of the Subject, that the one must not be destructive to the other, will require a much greater▪ a subtler understanding than I pretend to; but my Lords I do not think the judgement in this point to be so great a crime in these judges, as that they presumed to judge at all; the matter had been long debated in Parliament undetermined, and therefore not within the Conusance of an inferior Court, had it not been true that Fortescue says in his 36. Chapter of the laws of England, Nequs Rex per se aut Ministros suos, tallagi●, subsidia aut quaeris onera alia imponit &c. sin● concessione vel assensu ●otius Regni sui in Parliamento suo expresso &c. If the Stature de Tallagio no● concedend●, if the 30th. Chapter of Magna Charta, and all the other Statutes to that purpose, be not clear in the point, they might easily have apprehended so much weight, so much difficulty in the question, (especially since in all our Law books, not so much as the word imposition is found, until the case in my Lord Dyer of 1. Eliz. (fol. 163.) that they might very well have suspected themselves to be no competent judges for that determination, and I hope by the experience of this Parliament the judges, will recover that ancient modesty, to believe that some cases may fall out that may not be properly within their jurisdiction in the 9 year of Eliz: ('tis in the Parliament Rolls) It being found by an office after the death of Gilbert de Clare Earl of Gloster, that his sisters were his heirs, nist Comitissa Glocestriae esset pregnans, the question was, whether the King might grant the heirs their Livery in preiudicium impregnaturae: This was conceived negotium novum, & difficile, and the King having commanded the chancellor and judges to deliver their opinions in writing, they returned, quod non audebant dictum negotium definire, nec Domino Regi consulere sine assensu magnatum, propter raritatem & difficultatem: whereupon day was given to the parties, adproximum Parliamentum. And your Lordships well know the special care that is taken by the Statute of 14. Ed. 3. cap. 5. that such matters as for the difficulty are not fit for the judges, or through eminent delay are not dispatched by the judges, shall be determined in Parliament. Not such matters as the parties concerned, had rather venture upon your lordship's judgements, then upon the Rules, and proceedings of the Law (God knows what mischief and confusion may fall out upon that admission) there must be such difficulty, such delay, before that Statute meant your lordship's justice should be concerned in the resolution, I wish these Gentlemen had thought this business a matter of that difficulty as had been fit for such a delay.  
My Lords, we come next to the charge, concerning Knighthood. Mr. Maleverer appears upon the process of that Court, pleads and submits to his fine, ponit se in gratiam curiae: The Barons refuse to impose any fine, they had no power to do that, he must treat with certain Commissioners appointed for that purpose, and compound with them: your Lordships have not met in the same men such contradictions of crimes, who would suspect the same men in one charge, to have the mettle to usurp the power, and exercise the jurisdiction of the highest Court, the Court of Parliament, and presently to want the Spirit to do that which was so restrained, and peculiar to their places to have done, as that none else could do it? they had no power to fine as if the sole business of sworn judges in a Court of Law, were to summon and call men thither, and then to send them on errands to other Commissioners for justice: 'tis true the Commissioners of 1. Edw. 1. to Tiptosse and Berk, and since to others, were and have been to compound with those, who desired to compound, not otherwise, they had no power to compel any, to fine any; that trust by the Law, was and is only in the judges: so that if this duty were aright to his Majesty, and the Persons liable refuse to compound, for aught these judges can do, the King must lose this duty, they can impose no fine, only they have found a trick, which they call the course of the Court; to make his Majesty a saver: appear while you will, plead what your will, submit to the mercy of the Court, Issues shall go on still as if you did neither, till you have done somewhat that Court will not order you to do, nor is bound to take notice of when you have done: your Lordships will help us out of this Circle? And that you may see how incapable they are of any excuse in this point, the very Mittimus out of the Chancery gives them express command amongst other things, ut fines omnium illorum qui iuxta proclamationem praedict, ordinem antepraedict, diem sus●episse debuerunt, capiatis &c. 'Tis only worth your lordship's observation, this misfortune commonly attends (and may it ever) those absolute, disused rights, that be the thing in itself in a degree lawful, the advisers, and Ministers of it so fail in the execution, that as it usually proves as grievous to the subject, so by some circumstances it proves as penal to the Instruments, as if it were in the very nature of the thing against all the laws of government.  
I have wearied your Lordships: you see in what a dress of injustice, subtlety and oppression, I am very unwillingly compelled to present these judges to you: if they appear to your Lordships under any other character of known and confessed learning in the whole course of their lives, how far that will aggravate their fault your Lordships must only judge; if under the excuse of ignorance, or not much knowledge in the duty of their places, your Lordships will easily conclude, what infinite mischief, of which your Lordships have no particular in formation, the Subjects of this kingdom have suffered in their lives, in their fortunes, under such ignorance, and such presumption: if under the reputation of prudence and integrity in all cases, except these presented to your Lordships; your Lordships will be at least of the same opinion that he of Lacedaemon was of the Athenians if they carried themselves well, when time was, and now ill; they deserve a double punishment: because they are not good, as they were; and because they are evil, as they were not.  
My Lords, if the excellent, envied constitution of this kingdom, hath been of late distempered, your Lordships see the causes: if the sweet harmony between the King's protection, and the Subjects obedience, hath unluckily suffered interruption, if the royal justice, and Honour of the best of Kings hath been mistaken by his people, if the duty and affection of the most faithful and loyal Nation, hath been suspected by their gracious sovereign, if by these misrepresentations, and these misunderstandings, the King and People have been robbed of the delight and comfort of each other, and the blessed peace of this Island been shaken and frighted into Tumults, and commotion, into the poverty, though not into the rage of war, as a people prepared for destruction and desolation: these are the men actively or passively, by doing or not doing, have brought this upon us: Misera servitus falsa pax vocatur: ubi iudicia desinunt incipit bellum.  
My Lords, I am commanded by the House of Commons, to desire your Lordships, that these three judges may be speedily required to make their answers to these Impeachments: and that such further proceedings may be had against them, as the course and justice of Parliament will admit.  
FINIS.