The Speech of the Earl of Shaftsbury then Lord Chancellor, when Serjeant Thurland was made Baron of the Exchequer.
THe King of his Grace and Favor, hath made choice of you to be One of the Barons of the Exchequer. He designed to place you in a Court of more Profit, though not of more Dignity; but your own Modesty and Vertue hath chosen this Court, where you thought you could serve the King best. And I could not omit to mention it here to your Honor, it being the greatest instance of a good Man, That he had rather be found serviceable than rich. His Majesty hath had large proof of your former Services; besides He takes you upon the credit of that Recommendation, that hath Justly the best place with Him, I mean His Royal Brothers.
Some few things it is fit I should here mention to you, and leave with you as Admonitions, or rather Remembrances. In the first place, you are to maintain the Kings Prerogative; and let not the Kings Prerogative, and the Law, be two things with you. For the Kings Prerogative is Law, and the Principal Part of the Law; and therefore in maintaining that, you maintain the Law. The Government of England is so excellently interwoven, that every part of the Prerogative hath a broad mixture of the Interest of the Subject; the ease and safety of the People being inseparable from the Greatness and Security of the Crown.
In the next place, let me advise you, that you acquaint your self with the Revenue, as also with the Ancient Records, Precedents, and Practice of this Court. For want of which knowledge, I have seen this Court a most excellent Common Pleas, when at the same time, I could not say so much for it as an Exchequer.
In the third place, let me recommend to you, so to [Page] manage the Kings Justice and Revenue, as the King may have most Profit, and the Subject least Vexation. Raking for old Debts; the number of Informations; projects upon Concealments: I could not find in the Eleven years experience I have had in this Court ever to advantage the Crown. But such proceedings have for the most part delivered up the Kings good Subjects into the hands of the worst of men.
There is another thing I have observed in this Court, that I shall mind you of, which is, When the Court hearkens too much to the Clerks and Officers of it; and are too apt to send out Process, when the Money may be raised by other ways more easie to the People. I do not say, That the Kings duty should be lost, or that the strictest course should not be taken, rather than that be: But when you consider, how much the Officers of the Court and the Under-Sheriffs, get by Process upon small Sums, more than the Kings duty comes to; and upon what sort of People this falls, to wit, the Farmer, Husbandman, and Clothier in the Countrey, that is generally the Collector, Constable, and Tithing-man; and so disturbs the industrious part of the Nation, you will think it fit to make that the last way, when no other will serve.,
Give me leave also to mind you of one thing more, which is in your Oath, That the Kings needs ye shall speed before all others: That is, the business of the Revenue of the Crown you are to dispatch before all other, and not turn your Court into a Court of Common Pleas; and let that justle out what you were constituted for.
In the last place, let me conclude with what concerns all my Lords the Judges, as well as you, let me recommend to you the Port, and way of living suitable to the dignity of your place, and what the King allows you. There is not any thing gains more Reputation and Respect to the Government, than that doth: And let me tell you, Magistrates as well as Merchants are supported by Reputation.