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trusted to his own powerful mind, and met the
accusation instantly and with vigour, he might at
once, strong as the tide was against all authority,
have stemmed the torrent, and satisfied the intel-
ligent, that the fault was not in the chancellor,
but the chancery.

Might he not have reminded the house that, although he knew the temporary power of custom against opinion, he, in resistance of the established practice, had exerted himself to prevent any interference, even by Buckingham or the king, in the administration of justice, by which the impartiality of the judges might be, or might appear to be disturbed.

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of Greece; in all feudal states; in France, where the suitors always presented the judge with some offering, in conformity with their established maxim, "Non deliberetur, donec solventur species ;" and in England, from time immemorial. ing his reign; and notwithstanding the rights It existed before the time of King John, and dursecured at Runnymede, it has ever continued. It existed in the reign of Henry the Fifth; and although, during the reign of Henry the Eighth, Sir Thomas More declined to receive presents, his very power of declining proves that it was customary to offer them, and, in conformity with this Could he not have said that both petitions Bacon within a few hours after he had accepted practice, the usual presents were made to Lord contained internal and unanswerable proof that the great seal, the only pecuniary compensation, it was not the corruption of the judge, but the except a very trifling salary, to which the lord fault of the times, in which the practice ori-keeper was entitled for labours never intended to ginated? Could he not have said that the presents were made openly, in the presence of witnesses?

How could these offerings have influenced his judgment in favour of the donor, when, in both cases, he decided against the party by whom the presents were made? In the case of Aubrey, he, to repeat the strong expressions which had been used, made "a killing decree against him :" and, with respect to Egerton, the decision was in favour of his opponent, Rowland, who did not make any present until some weeks after the judgment was pronounced.

But, not contenting himself by thus showing that the offerings were neither presented nor | received as bribes, could he not have said, the petitions both state that the presents were recommended by counsel, and delivered by men of title and members of parliament? Did they then act in compliance with long established practice, or were they all bribed? Were the practitioners in this noble profession polluted by being accessory | to the worst species of bribery? Why, when the charge was made, did the recorder instantly say, "If Egerton desired to congratulate him at his coming to the seal for his kindness and pains in former business, what wrong hath he done, if he hath received a present? And if there were a suit depending, who keeps a register in his heart of all causes? nay, who can, amongst such a multitude?"

Could he not have said that the custom of the chancellor's receiving presents had existed from the earliest periods? that a member had reminded the house of its existence, and said, "I think the chancellor took gratuities, and the lord chancellor before, and others before him? I have, amongst the muniments of my own estate, an entry of a payment to a former chancellor of a sum for the pains he had taken in hearing our cause."

This custom of judges receiving presents was not peculiar to England, but existed in the most enlightened governments; in the different states

be gratuitous.

What could have been said in answer to this that the decision was against the party by whom statement, that the presents were made openly, they were made, and that they were made by the advice of counsel, and delivered by men of eminence, and sanctioned by immemorial practice in this and in all countries?

the House for protection from the aspersions of Might he not have called upon the justice of two discontented suitors, who had no more cause of complaint against him than Wraynham, by whom he was threatened to be assassinated? whom he was slandered, or Lord Clifford, by Might he not have called upon the house for protection against these calumnies at a time when the excited people wished for some sacrifice, as a tribute to public opinions, an atonement for public wrongs, and a security for better times?

tion of a victim, but, where they contend for a The people are often censured for their selecprinciple, they lose sight of the individual. It is this dangerous indifference that enables bad men to direct, for private ends, a popular tumult. The Jewish people demanded merely their annual privilege; it was the priests who said, "Save Barrabas."

for the last time, in the House of Lords. The On the 17th of March the chancellor presided, charges which he had at first treated with indiflonger be disregarded. From the pinnacle on ference, were daily increasing, and could no which he stood, he could see the storm gathering round him: old complaints were revived, and new accusations industriously collected; and, though he had considered himself much beloved in both houses of parliament, he felt that he had secret enemies, and began to fear that he had false friends.

He resolved, therefore, to meet his way, and instead of being able to attend in accusers; but his health, always delicate, gave person, he was obliged by writing to address the House of Peers.

To the Right Honourable his very good Lords, the Lords Spiritual and Temporal in the Upper House of Parliament assembled.

My very good Lords,-I humbly pray your lordships all to make a favourable and true construction of my absence. It is no feigning or fainting, but sickness both of my heart and of my back, though joined with that comfort of mind that persuadeth me that I am not far from heaven, whereof I feel the first-fruits. And because, whether I live or die, I would be glad to preserve my honour and fame, so far as I am worthy, hearing that some complaints of base bribery are coming before your lordships, my requests unto your lordships are:

which his lordship instantly acknowledged, with the expression of his intention to speak more fully at a future time.

Thus resolved to defend himself, there was some communication between the chancellor and Buckingham; whether it was confined to the favourite must be left to conjecture; but it appears to have had its full effect both upon him and upon the king, who, seeing the untoward events which might yet occur from the discussions of this inquiring parliament, sent a message to the Commons, expressing his comfort that the House was careful to preserve his honour; his wish that the parliament should adjourn to the 10th of April; and his assurance that the complaints against First, that you will maintain me in your good the lord chancellor should be carefully examined opinion, without prejudice, until my cause be heard. before a committee of six peers and twelve comSecondly, that in regard I have sequestered my moners; a proposal not very acceptable to Sir mind at this time in great part from worldly | Edward Coke, who thought it might defeat the matters, thinking of my account and answers in a parliamentary proceedings which he was so anxhigher court, your lordships will give me conve-ious to prosecute. nient time, according to the course of other courts, to advise with my counsel and to make my answer; wherein, nevertheless, my counsel's part will be the least; for I shall not, by the grace of God, trick up an innocency with cavillations, but plainly and ingenuously (as your lordships know my man-presents were made openly at two several times, ner is) declare what I know or remember.

On the 20th, the Commons proceeded to the examination of witnesses, and a further complaint was preferred in the cause of Wharton and Willoughby, by the Lady Wharton, against whom the chancellor had decided. It appeared that the

with the knowledge and in the presence of wit

Thirdly, that, according to the course of jus-nesses. tice, I may be allowed to except to the witnesses brought against me; and to move questions to your lordships for their cross-examinations; and likewise to produce my own witnesses for the discovery of the truth.

And lastly, that if there be any more petitions of like nature, that your lordships would be pleased not to take any prejudice or apprehension of any number or muster of them, especially against a judge, that makes two thousand orders and decrees in a year, (not to speak of the courses that have been taken for hunting out complaints against me,) but that I may answer them according to the rules of justice, severally and respectively.

These requests I hope appear to your lordships no other than just. And so thinking myself happy to have so noble peers and reverend prelates to discern of my cause; and desiring no privilege of greatness for subterfuge of guiltiness, but meaning, as I said, to deal fairly and plainly with your lordships, and to put myself upon your honours and favours, I pray God to bless your counsels and persons. And rest your lordships' humble FR. ST. ALBAN, Canc.

servant,

March 19, 1620.

This letter, which was delivered by Buckingham, the Lords immediately answered, by assuring the chancellor "that the proceedings should be according to the right rule of justice; that it was the wish of the House that his lordship should clear his honour from the different aspersions, and praying him to provide for his defence;" a courtesy

The cry having been raised, the lowest members of the profession, a common informer and a disgraced registrar were, with their crew, employed in hunting for charges; and, so ready was the community to listen to complaints, that it mattered not by whom they were preferred; “greatness was the mark, and accusation the game." One of his many faithful friends, Sir Thomas Meautys, rose to resist this virulence. He admonished the House of the misstatements that would be made by such accusers, men without character, under the influence of motives which could not be misunderstood. "I have known," he said, "and observed his lordship for some years: he hath sown a good seed of justice; let not the abandoned and envious choke it with their tares." He had as much prospect of success as if he had attempted to stop the progress of a volcano.

Additional charges, thus collected, and of the same nature, were preferred against him.

On the 26th of March, in conformity with the advice given by Williams, sentence was passed upon Mompesson and Michell, many patents were recalled, and the king, after having addressed the House, adjourned the parliament.

The king's speech abounded with that adroit flattery to the House, which he so frequently practised when he had any thing to gain or any thing to fear; he did not name the chancellor directly, and, when he glanced at the charge of bribery, while he cautioned them not to be carried away "by the impertinent discourses of those

who named the innocent as well as the guilty;" | instance of an offering, even to the case of he contrived to praise Buckingham, and to turn Wraynham, who had been punished for his the charge itself into a dexterous commendation scurrilous libel against the chancellor and the both of his favourite and the prince. master of the rolls.

The parliament was then adjourned to the 17th of April, with the hope that, during the recess, the favourite or his master might contrive some expedient to delay or defeat investigation; and that time might mitigate the displeasure which, in both Houses, seemed strong against the chancellor.

The proceedings within the House were suspended, but the chancellor's opponents, unchecked or secretly encouraged by his pretended friends, continued their exertions, actuated either by virtuous indignation at the supposition of his guilt, or by motives less pure,-the hope of gaining by his fall, or envy of the greatness which overshadowed them.

The state of the chancellor's mind during this storm has been variously represented; by some of his contemporaries he is said to have been depressed by others that he was merry, and not doubting that he should be able to ride safely through the tempest. His playfulness of spirit never forsook him. When, upon the charge being first made, his servants rose as he passed through the hall," Sit down, my friends," he said, "your rise has been my fall;" and when one of his friends said, "You must look around you," he replied, "I look above me." Playfulness in affliction is, however, only an equivocal test of cheerfulness; in a powerful mind grief rests itself in the exercise of the antagonist feelings, and, by a convulsive effort, throws off the load of despair.

Of this virulence the chancellor thus complained to Buckingham: "Your lordship spoke of purgatory. I am now in it; but my mind is in a calm; for my fortune is not my felicity. I know I have clean hands and a clean heart, and I hope a clean house for friends or servants. But Job himself, or whosoever was the justest judge, by such hunting for matters against him, as hath been used against me, may for a time seem foul, especially in a time when greatness is the mark, and accusation is the game. And if this be to be a chancellor, I think if the great seal lay upon Hounslow Heath, nobody would take it up. But the king and your lordship will I hope put an end to these my straits, one way or other." And in a subsequent letter he said, "I perceive, by some speech that passed between your lordship and Mr. Meautys, that some wretched detractor hath told you, that it were strange I should be in debt; for that I could not but have received a hundred thousand pounds gifts since I had the seal, which is an abominable falsehood. Such tales as these made St. James say that the tongue is a fire, and itself fired from hell, whither when these tongues shall return, they will beg a drop of water to cool them. I praise God for it, I never took penny for any benefice or ecclesiastical living; I never took penny for releasing any thing I stopped at the seal; I never took penny for any commission, or things of that nature: I never shared with any servant for any second or inferior profit."

About the same period he thus wrote to the king, in a letter which he intrusted to the discretion of Buckingham to withhold or deliver:

Difficult as it may be to discover the real state of his mind, it cannot be supposed, accustomed as he was to active life, and well aware of the intrigues of courts, that, in this moment of peril, his sagacity slumbered, or that he was so It may please your most excellent majesty,little attentive to his own interests, as to be shel-Time hath been when I have brought unto you tered in the shades of Gorhambury, all meaner things forgotten, watching the progress of some chymical experiment, or wandering with Hobbes in the mazes of metaphysics.

His enemies, who were compassing his ruin, might imagine that he was thus indulging in the day-dreams of philosophy, but, so imagining, they were ignorant of his favourite doctrine, that "Learning is not like some small bird, as the lark, that can mount and sing, and please herself, and nothing else, but that she holds as well of the hawk, that can soar aloft, and at the right moment can stoop and seize upon her prey." The chancellor retired to prepare for his defence, to view the nature of the attack, and the strength of his assailants.

The charges, which were at first confined to Aubrey and Egerton, were now accumulated to twenty-three in number, by raking up every VOL. I.-(12)

Gemitum Columbæ" from others, now I bring it from myself. I fly unto your majesty with the wings of a dove, which, once within these seven days, I thought would have carried me a higher flight. When I enter into myself, I find not the materials of such a tempest as is come upon me. I have been (as your majesty knoweth best) never author of any immoderate counsel, but always desired to have things carried "suavibus modis.” I have been no avaricious oppressor of the people. I have been no haughty, or intolerable, or hateful man in my conversation or carriage: I have inherited no hatred from my father, but am a good patriot born. Whence should this be; for these are the things that use to raise dislikes abroad.

For the House of Commons, I began my credit there, and now it must be the place of the sepulture thereof. And yet this parliament, upon the message touching religion, the old love revived. (H 2)

and they said, I was the same man still, only | vocate that the presents were made on behalf of honesty was turned to honour.

For the Upper House, even within these days, before these troubles, they seemed as to take me into their arms, finding in me ingenuity, which they took to be the true, straight line of nobleness, without crooks or angles.

the suitors, by men of character, counsellors, and members of parliament, Sir George Hastings, Sir Richard Young, Sir Henry Holmes, Mr. Jenkins, Mr. Thelwall, Mr. Toby Matthew, and Sir Thomas Perrott; and that they were made openly, with the greatest publicity, both from the nature of the presents themselves, and from the manner in which they were presented; so openly, that even Sir Edward Coke admitted the fact, that they were delivered in the presence of wit

And for the briberies and gifts wherewith I am charged, when the book of hearts shall be opened, I hope I shall not be found to have the troubled fountain of a corrupt heart, in a depraved habit of taking rewards to pervert justice; how-nesses; and the chancellor, in answer to the 21st soever I may be frail, and partake of the abuses of the times.

And therefore I am resolved, when I come to my answer, not to trick my innocency (as I writ to the lords) by cavillations or voidances, but to speak to them the language that my heart speaketh to me, in excusing, extenuating, or ingenuous confessing; praying God to give me the grace to see to the bottom of my faults, and that no hardness of heart do steal upon me, under show of more neatness of conscience, than is cause.

But not to trouble your majesty any longer, craving pardon for this long mourning letter, that which I thirst after, as the hart after the streams, is, that I may know by my matchless friend that presenteth to you this letter, your majesty's heart (which is an abyssus of goodness, as I am an abyssus of misery) towards me. I have been ever your man, and counted myself but a usufructuary of myself, the property being yours. And now making myself an oblation, to do with me as may best conduce to the honour of your justice, the honour of your mercy, and the use of your service, resting as clay in your majesty's gracious hands, FR. ST. ALBAN, Canc.

March 25, 1620.

To the preparation of his defence he now proceeded a preparation which could scarcely to any advocate have been attended with difficulty, whether considering the general nature of the complaints, or the weight due to each particular charge.

There are circumstances attending these accusations, by which at this time the judgment may be warped, that did not exist two centuries since. We may be misled by transferring the opinions of the present to past times, and by supposing that the accusations were preferred by some or all of thes uitors whose names are mentioned, and on whose behalf the presents were offered after the termination of their causes; but it was then well known, that these suitors reluctantly attended, in obedience to the summons obtained in consequence of the petitions presented by the two discontented persons against whom the chancellor had decided, notwithstanding their supposition that his judgment was to be purchased.

charge, that, "upon a dispute between three public companies of the apothecaries and grocers, he had received presents from each of the companies," instantly said, "Could I have taken these presents in the nature of a bribe, when I knew it could not be concealed, because it must needs be put to the account of the three several companies, each of whom was jealous of the other?"

Who can suppose that, if secrecy had been the object, presents of articles constantly in sight would have been selected; gold buttons, tasters of gold, ambergrease, cabinets, and suits of hangings for furniture; they were made, as was notorious, according to the established custom, in this, and in all countries, a custom which, as the Chancellor l'Hôpital endeavoured to abolish in France, the Chancellor Bacon would most gladly have abolished in England, and demanded from the country a proper remuneration for the arduous labours of his high office.

No man felt more deeply the evils which then existed, or the interference by the crown and by statesmen to influence judges. How beautifully did he admonish Buckingham, regardless as he proved of all admonition, "By no means be you persuaded to interpose yourself, either by word or letter, in any cause depending, or like to be depending, in any court of justice, nor suffer any other great man to do it where you can hinder it; and by all means dissuade the king himself from it, upon the importunity of any for themselves or their friends. If it should prevail, it perverts justice; but if the judge be so just and of such courage, as he ought to be, as not to be inclined thereby, yet it always leaves a taint of suspicion behind it; judges must be chaste as Cæsar's wife, neither to be, nor to be suspected to be unjust: and, sir, the honour of the judges in their judicature is the king's honour, whose person they represent."

Thus did he raise his voice in opposition to an inveterate practice. The first mode of correcting error, whether in individuals or in the community, is by proclaiming its existence; the next is, when ripe for action, by acting.

That the presents influenced the judgment of the chancellor was never for a moment supposed It could not have escaped the notice of any ad- by any man. Fourteen out of the twenty-two

charges related to presents made long after the causes were terminated, and the complaints of his accusers were, not that the gratuities had, but that they had not influenced his judgment, as he had decided against them.

Such topics would have occurred to any advocate. With what force would they have been urged by the chancellor? In his Novum Organum, which he had published in the previous year, he had warned society, that "at the entrance of every inquiry our first duty is to eradicate any idol by which the judgment may be warped; as the kingdom of man can be entered only as the kingdom of God, in the simplicity of little children." How powerfully, then, would he have called upon the lovers of truth and of justice to divest their minds of all prejudice; to be, when sitting in judgment upon a judge, themselves impartial. Knowing the nature of the high tribunal before whom he was to appear, there could, indeed, have been scarcely any necessity for such an appeal. He knew the joy which they "would feel, if he could clear his honour." He knew that, however grateful it may be to common minds to indulge in the vulgar pleasure of imaginary self-importance from the depression of superiority, a disinclination to condemn, even if truth call for conviction, is an attribute of every noble mind, always afflicted at the infirmities of genius. Knowing that, amongst the peers, many valued themselves upon ancient learning, he would have reminded them, that "the tree scathed with lightning, was with them of the olden time ever held sacred. Sure no tree of the forest, under Jove's favour, ever flourished more than myself; witness for me all those who, while the dews of heaven rested on me, were rejoiced to shelter under my branches: and I the more readily, my lords, remind you of an ensample of heathen piety, because I would not in the presence of some of you speak of Christian charity, which, if it were not recorded by one who cannot lie, I have found so cold that I might suppose it to be only painted forth in books, but, indeed, without life, or heat, or motion."

He could not have thought it necessary to warn the lords, as he had apprized the king, that "when from private appetite it is resolved that a creature shall be sacrificed, it is easy to pick up sticks enough from any thicket whither it hath strayed, to make a fire to offer it with;" nor to have said to the lords, as he had said to the king, "For the briberies and gifts wherewith I am charged, when the book of hearts shall be opened, I hope I shall not be found to have the troubled fountain of a corrupt heart, in a depraved habit of taking rewards to pervert justice: howsoever I may be frail, and partake of the abuses of the times." For such appeals there would not, before such a tribunal, have been any necessity.

Passing from these general observations, how

easy would it have been to have examined each particular charge, by separating the bundle, and breaking it stick by stick?

In the case of Holman and Young, it was alleged that £1000 had been given to the chancellor by Young. Upon investigation it appeared, on this charge of a discontented suitor, that instead of £1000 having been advanced, the sum was £100, which was presented on behalf of Young after the decree, either by Young or Mr. Toby Matthew, a son of the Archbishop of York, through life an intimate friend and correspondent of the chancellor's, and in 1623 knighted by King James.

In the cause of Worth and Mainwaring, it was alleged that the chancellor had been bribed by £100. Upon examination it appeared, that some months after the decree, which was for a great inheritance, the successful party presented £100 to the chancellor.

In the case of Hody and Hody, the charge was, that £100 or £200 was presented to the chancellor. The fact was, that some time after the suit was terminated, Sir Thomas Perrot and Sir Henry Holmes presented the chancellor with some gold buttons, worth forty guineas.

In the case between Reynell and Peacock, the charge was, that there was much money given on both sides, and a diamond ring. The facts turned out to be that presents were given on both sides; that Sir George Reynell was a near ally of the chancellor's, and presented a gratuity as a new year's gift for former favours, when the great seal was first delivered to the lord keeper, and when presents were, as of course, presented by various persons; and that, by the intervention of a friend and neighbour at St. Alban's, he borrowed a sum of Peacock.

In the cause of Barker and Hill, the charge was, that the chancellor had been bribed by a present made by Barker. The fact was, that the sum was presented some time after the decree had been made.

In the case of Smithwick and Wyche, the charge was, that Smithwick had presented £600 to the chancellor, but he had decided against him, and the money was repaid. The fact was, that Smithwick had paid £200 to Hunt, one of the chancellor's servants, unknown to the chancellor; that the decision was against Smithwick, and that the chancellor, when he saw an entry of the sum in his servant's account, had defalced it, and ordered it to be returned.

He might, in the same manner, have decomposed all the charges. He might have selected the fourteen cases in which the presents were made after, and many of them long after judgment had been pronounced. He might have taken each particular case where the presents were before judgment, and the decrees against the donors He might have explained that, in some of the

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