member) the 13th of Odber 1634. they do bear Teft: And I was fworn Chief Juftice the 16th of October, fo as 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 Majefty was pleafed to command my LordChief Justice of the King's-Bench that then was (Sir Thomas Richardfon,) and Chief Baron of the Fxchequer that nowis, and my felf, then Chief Juftice of the Common-Pleas, to take into confideration the Precedent then brought unto us, which we did, and after returned to his Majefty what we had found out of thefe Precedents.

It is true, that afterwards his Majefty did take it into confideration, that if the whole Kingdom were concerned, that it was not Reafon to lay the whole Burthen upon the Cinque-Ports and Maritime Towns.

Thereupon, upon what Ground his Majefty took that into his Confideration, I do confefs I know nothing of it.

His Majefty did command my Lord Chief Juftice that now is, my Lord Chief Baron, and my felf, to return our Opinions; whe ther, when the whole Kingdom is in Danger, and the Kingdom in general is concerned, it be not according to Law and Reafon, that the whole Kingdom, and his Majefty,

and

and all interefted therein, fhould join in de fending and preserving thereof.

This was in Time about 1634.

In Michaelmas Term following, His Ma jefty 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 them, upon their Duty and Allegiance, to keep it fecret.

Mr. Speaker, It was never intended by his Majefty (fo profefs'd by him) at that time, and fo declared to all the Judges, that it was not required by him to be fuch a binding Opinion to the Subject, as to hinder him from calling it in Queftion, nor to be binding to themselves, but that, upon better Reason and Advice, they might alter it; but defired their Opinions for his own private Reason.

I know very well, that extrajudicial Opinions of Judges ought not to be binding.

But I did think, and fpeak my Heart and Confcience freely; my felf, and the rest of the Judges, being fworn, and by our Oaths tied to counsel the King, when he fhould require Advice of us, that we were bound, by our Oaths and Duties to return our Opinions.

I did obey his Majefties Command, and do here, before the God of Heaven, avow it.

I did never use the leaft Promife of Preferment or Reward to any, nor did ufe the leaft Menace: I did leave it freely to their own Confci

Confciences and Liberty; for I was left the Liberty of my own by his Majefty, and had Reafon to leave them the Liberty of their own Confciences.

And I befeech you, be pleafed to have fome Belief, that I would not fay this, but that I know the God of Heaven will make it appear; and I befeech you, that extravagant Speeches may not move against that which is a positive and clear Truth.

Mr. Speaker, in the Difcourfe of this (as is between Judges fome fmall Difcourfes fometimes) yet never any Caufe wherein any Judges conferred, where fo little Conference as between me and them.

Mr. Speaker, against a Negative I can fay nothing, but I fhall affirm nothing unto you; but, by the Grace of God, as I affim it to be true, fo I make no doubt of making it appear to be fo.

This Opinion was fubfcribed without Solicitation; there was not any Man of us did make any doubt of fubfcribing our Opinion, but Two, Mr. Juftice Hutton, and Mr. Juftice Crooke.

Mr. Juftice Crooke made not a Scruple of the Thing, but of the Introduction: For it was thus;

That whereas the Ports and the Maritime Towns were concerned; there, according to the Precedents in former Times, the Charge lay on them.

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So when the Kingdom was in Danger, of which his Majefty was the fole Judge, whether it was not agreeable to Law and Reafon the whole Kingdom to bear the Charge?

I left this Cafe with Judge Crooke.

The next Term I fpake with him, he could give me no Refolution, because he had not feen the Writs in former Times; but did give his Opinion, That when the whole Kingdom was in Danger, the Defence thereof ought to be born 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: For Mr. Juftice Hutton, he did never fubfcribe at all.

I will only fay this, That I was fo far from preffing him to give his Opinion, because he did ask Time to confider of it, that I will boldly fay, and make it good, That when his Majefty would have had him fometimes fent for to give his Opinion, I befeech'd his Majefty to leave him to himself and his Confcience; and that was the ill Office I did.

The Judges did Subscribe in November or December 1635.

I had no Conference (nor truly I think) by Accident, any Difcourfe with any of the Judges touching their Opinions; for till February 1636. there was no Speech of it; for

when

when they had delivered their Opinions, I did return (according to my Duty) to my Mafter the King, and delivered them to him; in whofe Cuftody they be.

In February 1636. upon a Command that came from his Majefty, by one of the then Secretaries of State, the Judges all assembled in Gray's-Inn; We did then fall into a Debate of the Cafe then fent unto us, and we did then return our Opinions unto his Majefty: There was then much Difcourse and great Debate about it.

Mine Opinion and Confcience at that Time was agreeable to that Opinion I then delivered.

I did use the best Arguments I could, for the Maintenance of my Opinion; and that · was all I did.

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It is true, That then, at that Time, Mr. Juftice Hutton and Mr. Juftice Crooke did not differ in the main Point, which was this: When the Kingdom was in Danger, the Charge ought to be born by the whole Kingdom.

But this Point, Whether the King was the fole Judge of the Danger? they differed.

So as there was between the firft Subfcription, and this Debate and Confultation, fome Fifteen Months Difference.

It is true, That all of them did then Subfcribe, both Juftice Hutton and Justice Crooke, which was returned to his Majefty, and afU 2

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