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orders be made but in public court, and not in ; Adam, nor concealed my faults in my bosom.' chambers; that excessive fees be taken away; that This is the only justification which I will use. no bribery nor money be given for the hearing of " It resteth, therefore, that without fig-leaves I any cause. These and many other things his do ingenuously confess and acknowledge that, majesty thought fit to be done this session. And having understood the particulars of the charge, his majesty added, that when he hath done this, not formally from the House, but enough to inand all that he can do for the good of his subjects, form my conscience and memory, I find matter he confesseth he hath done but the duty whereunto sufficient and full both to move me to desert the he was born.”—The house then adjourned till the defence, and to move your lordships to condemn afternoon.
and censure me.
Neither will I trouble your In the afternoon the Prince of Wales - signi- lordships by singling those particulars, which I fied unto the lords that the lord chancellor had think may fall off. sent the following submission to their lordships :
Quid te exempla juvat spinis de pluribus una ? “ To the Right Honourable the Lords of Neither will I prompt your lordships to ob
Parliament, in the Upper House assem- serve upon the proofs, where they come not bled.
home, or the scruples touching the credits of the
witnesses; neither will I represent unto your “ The humble Submission and Supplication of the Lord Chancellor.
lordships how far a defence might, in divers
things, extenuate the offence, in respect of the “ It may please your lordships,- I shall hum- time or manner of the gist, or the like circumbly crave at your lordships' hands a benign inter-stances, but only leave these things to spring pretation of that which I shall now write. For out of your own noble thoughts and observawords that come from wasted spirits and an op- tions of the evidence and examinations thempressed mind are more safe in being deposited in selves, and charitably to wind about the particua noble construction, than in being circled with lars of the charge, here and there, as God shall any reserved caution.
put into your mind, and so submit myself wholly “ This being moved, and, as I hope, obtained, to your piety and grace. in the nature of a protection to all that I shall “And now that I have spoken to your lordships say, I shall now make into the rest of that where- as judges, I shall say a few words to you as with I shall at this time trouble your lordships a peers and prelates, humbly commending my very strange entrance. For, in the midst of a cause to your noble minds and magnanimous afstate of as great affliction as I think a mortal man fections. can endure, (honour being above life,) I shall “ Your lordships are not simple judges, but begin with the professing of gladness in some parliamentary judges; you have a further exthings.
tent of arbitrary power than other courts; and, " The first is, that hereafter the greatness of a if your lordships be not tied by the ordinary course judge or magistrate shall be no sanctuary or pro- of courts or precedents, in points of strictness tection of guiltiness, which (in few words) is the and severity, much more in points of mercy and beginning of a golden world. The next, that, mitigation. after this example, it is like that judges will fly “ And yet, if any thing which I shall move from any thing that is in the likeness of corrup- might be contrary to your honourable and worthy tion, (though it were at a great distance,) as from ends to introduce a reformation, I should not seek a serpent; which tendeth to the purging of the it. But herein I beseech your lordships to give courts of justice, and the reducing them to their me leave to tell you a story. Titus Manlius took true honour and splendour. And in these two his son's life for giving battle against the prohipoints, God is my witness, that though it be my bition of his general; not many years after, the fortune to be the anvil upon which these good like severity was pursued by Papirius Cursor, the effects are beaten and wrought, I take no small dictator, against Quintus Maximus, who being comfort.
upon the point to be sentenced, by the interces“ But, to pass from the motions of my heart, sion of some principal persons of the senate, was whereof God is only judge, to the merits of my spared ; Whereupon Livy maketh this grave and cause, whereof your lordships are judges, under gracious observation: Neque minus firmata est disGod and his lieutenant, I do understand there ciplina militaris periculo Quinti Maximi, quam mihath been heretofore expected from me some jus- serabili supplicio Titi Manlii. The discipline of war tification; and therefore I have chosen one only was no less established by the questioning of Quinjustification instead of all other, out of the justi- tus Maximus than by the punishment of Titus fications of Job. For, after the clear submission Manlius; and the same reason is of the reformation and confession which I shall now make unto your of justice; for the questioning of men of eminent lordships, I hope I may say and justify with Job, place hath the same terror, though not the same in these words : • I have not hid my sins as did rigour with the punishment.
" But my case standeth not there. For my Their lordships resolved, that the lord chancelhumble desire is, that his majesty would take the lor should be charged particularly with the briseal into his hands, which is a great downfall : beries and corruptions complained of against and may serve, I hope, in itself, for an expiation him, and that his lordship should make a particuof my faults. Therefore, if mercy, and mitigation lar answer thereunto. It was, therefore, ordered be in your power, and do no ways cross your ends, that the particulars of the charge be sent to the why should I not hope of your lordships' favour lord ch or, and that the lords do expect his and commiseration ?
answer to the same with all convenient expedi“ Your lordships will be pleased to behold your tion. They were sent accordingly. chief pattern, the king, our sovereign, a king of This fatal result was instantly communicated incomparable clemency, and whose heart is in- to the chancellor by his faithful attendant, Bushel. 'scrutable for wisdom and goodness. Your lord- He proceeded, therefore, to a minute answer to ships will remember that there sat not these hun- each particular charge, which he so framed that dred years before a prince in your house, and future ages might see the times when the presents never such a prince whosa presence deserveth to were made, and the persons by whom they were be made memorable by records and acts mixed of offered. mercy and justice; yourselves are either nobles On the 30th of April, the lord chief justice (and compassion ever beateth in the veins of signified that he had received from the lord channoble blood) or reverend prelates, who are the cellor a paper roll, sealed up, which was delivered servants of Him that would not break the bruised to the clerk; and being opened, and found directed reed, nor quench smoking flax. You all sit upon to their lordships, it was read: one high stage; and therefore cannot but be more sensible of the changes of the world, and of “To the Right honourable the Lords Spiritual the fall of any of high place. Neither will your and Temporal, in the High Court of Parlialordships forget that there are vitia temporis as ment assembled, well as vitia hominis, and that the beginning of reformations hath the contrary power of the pool
« The Confession and Humble Submission of of Bethesda; for that had strength to cure only
me, the Lord Chancellor. him that was first cast in, and this hath common- Upon advised consideration of the charge, ly strength to hurt him only that is first cast in ; descending into my own conscience, and calling and for my part, I wish it may stay there, and go my memory to account so far as I am able, I do no further.
plainly and ingenuously confess that I am guilty “Lastly, I assure myself your lordships have a of corruption, and do renounce all defence, and noble feeling of me, as a member of your own put myself upon the
your body, and one that, in this very session, had some lordships. taste of your loving affections, which, I hope, was “ The particulars I confess and declare to be not a lightening before the death of them, but as followeth : rather a spark of that grace, which now in the “1. To the first article of the charge, viz. in conclusion will more appear.
the cause between Sir Rowland Egerton and “And therefore my humble suit to your lord- Edward Egerton, the lord chancellor received ships is, that my penitent submission may be my five hundred pounds on the part of Sir Rowland sentence, and the loss of the seal my punish- Egerton, before he decreed the cause: I do conment; and that your lordships will spare any, fess and declare, that upon a reference from his further sentence, but recommend me to his ma- majesty of all suits and controversies between Sir jesty's grace and pardon for all that is past. Rowland Egerton and Mr. Edward Egerton, both God's Holy Spirit be amongst you. Your lord- parties submitted themselves to my award, by ships' humble servant and suppliant,
recognisance reciprocal in ten thousand marks “ Fr. St. Alban, Canc.” apiece. Thereupon, after divers hearings, I made April 22, 1621.
my award, with advice and consent of my Although the king and Buckingham hoped that Lord Hobart. The award was perfected and this general submission would be satisfactory, published to the parties, which was in February; the agitation was too great to be thus easily then, some days after, the five hundred pounds quieted. It was, after deliberation, resolved that mentioned in the charge was delivered unto me. the lord chancellor's submission gave not satis- Afterwards Mr. Edward Egerton fled off from the faction to their lordships, for that his lordship's award ; then, in midsummer term following, a suit confession therein was not fully nor particularly was begun in chancery by Sir Rowland, to have set down, and for many other exceptions against the award confirmed ; and upon that suit was the the submission itself, the same in sort extenuat- decree made which is mentioned in the article. ing his confession, and his lordship seeming to “ 2. To the second article of the charge, viz. in prescribe the sentence to be given against him by the same cause he received from Edward Egerton the house.
four hundred pounds: I confess and declare, that
soon after my first coming to the seal, (being a, in the cause between Fisher and Wrenham, the time when I was presented by many,) the four lord chancellor, after the decree passed, received hundred pounds mentioned in the charge was de- from Fisher a suit of hangings, worth a hundred livered unto me in a purse, and I now call to mind, and sixty pounds and better, which Fisher gave from Mr. Edward Egerton; but, as far as I can by advice of Mr. Shute : I confess and declare, remember, it was expressed by them that brought that some time after the decree passed, I being at it to be for favours past, and not in respect to that time upon remove to York House, I did receive favours to come.
a suit of bangings of the value, I think, mentioned 63. To the third article of the charge, viz., in in the charge, by Mr. Shute, as from Sir Edward the cause between Hody and Hody, he received Fisher, towards the furnishing of my house, as a dozen of buttons, of the value of fifty pounds, some others that were no way suitors did present about a fortnight after the cause was ended : I me the like about that time. confess and declare, that, as it is laid in the “9. To the ninth article of the charge, viz., in charge, about a fortnight after the cause was the cause between Kennedey and Vanlore, he ended, (it being a suit of a great inheritance,) received a rich cabinet from Kennedey, prized at there were gold buttons about the value of fifty eight hundred pounds : I confess and declare, that pounds, as is mentioned in the charge, presented such a cabinet was brought to my house, though unto me, as I remember, by Sir Thomas Perient nothing near half the value; and that I said to him and the party himself.
that brought it, that I came to view it, and not to " 4. To the fourth article of the charge, viz., in receive it; and gave commandment that it should the cause between the Lady Wharton and the be carried back, and was offended when I heard it co-heirs of Sir Francis Willoughby, he received was not; and some year and a half after, as I of the Lady Wharton three hundred and ten remember, Sir John Kennedey having all that pounds: I confess and declare, that I received of time refused to take it away, as I am told by my the Lady Wharton, at two several times, (as I re- servant, I was petitioned by one Pinckney, that member,) in gold, two hundred pounds and a it might be delivered to him, for that he stood hundred pieces, and this was certainly pendente engaged for the money that Sir John Kennedey lite; but yet I have a vehement suspicion that paid for it. And thereupon Sir John Kennedey there was some shuffling between Mr. Shute and wrote a letter to my servant Shereborne with his the register, in entering some orders, which af- own hand, desiring that I would not do him that terwards I did distaste.
disgrace as to return that gift back, much less to “5. To the fifth article of the charge, viz., in put it into a wrong hand; and so it remains yet Sir Thomas Monk's cause, he received from Sir ready to be returned to whom your lordships shall Thomas Monk, by the hands of Sir Henry Helmes, appoint. a hundred and ten pounds; but this was three- “10. To the tenth article of the charge, viz., quarters of a year after the suit was ended : I con- he borrowed of Vanlore a thousand pounds, upon fess it to be true, that I received a hundred his own bond, at one time, and the like sum at pieces; but it was long after the suit ended, as is another time, upon his lordship’s own bill, subcontained in the charge.
scribed by Mr. Hunt, his man: I confess and “6. To the sixth article of the charge, viz., in declare, that I borrowed the money in the article the cause between Sir John Treavor and Ascue, set down, and that this is a true debt. And I he received, on the part of Sir John Treavor, a remember well that I wrote a letter from Kew, hundred pounds: I confess and declare, that I above a twelvemonth since, to a friend about the received at new year's-tide a hundred pounds king, wherein I desired that, whereas I owed Peter from Sir John Treavor; and because it came as a Vanlore two thousand pounds, his majesty would new year's gift, I neglected to inquire whether be pleased to grant me so much out of his fine set the cause was ended or depending; but since 1 upon him in the Star Chamber. find, that though the cause was then dismissed to “11. To the eleventh article of the charge, viz., a trial at law, yet the equity is reserved, so as it he received of Richard Scott two hundred pounds, was in that kind pendente lite.
after his cause was decreed, (but upon a precedent 67. To the seventh article of the charge, viz., promise,) all which was transacted by Mr. Shute: in the cause between Holman and Young, he i confess and declare, that some fortnight after, received of Young a hundred pounds, after the as I remember, that the decree passed, I received decree made for him; I confess and declare, that, two hundred pounds, as from Mr. Scott, by Mr. as I remember, a good while after the cause ended, Shute; but, for any precedent promise or transI received a hundred pounds, either by Mr. Tobie action by Mr. Shute, certain I am I knew of Matthew, or from Young himself; but whereas I none. understood that there was some money given by “12. To the twelfth article of the charge, viz., Holman to my servant Hatcher, with that certainly he received in the same cause, on the part of Sir I was never made privy.
John Lentall, a hundred pounds: I confess and “8. To the eighth article of the charge, viz.,) declare, that some months after, as I remember, that the decree passed, I received a hundred “ 17. To the seventeenth article of the charge, pounds by my servant Shereburne, as from Sir viz., in the Lord Mountague's cause, he received John Lentall, who was not the adverse party to from the Lord Mountague six or seven hundred Scott, but a third person, relieved by the same pounds; and more was to be paid at the ending decree, in the suit of one Powre.
of the cause: I confess and declare, there was ** 13. To the thirteenth article of the charge, money given, and (as I remember) by Mr. Bevis viz., he received of Mr. Wroth a hundred pounds, Thelwall, to the sum mentioned in the article in respect of the cause between him and Sir after the cause was decreed ; but I cannot say it Arthur Maynewaringe; I confess and declare, that was ended, for there have been many orders this cause, being a cause for inheritance of good since, caused by Sir Frauncis Englefeild's convalue, was ended by my arbitrament, and consent tempts; and I do remember that, when Thelwall of parties; and so a decree passed of course. And brought the money, he said, that my lord would some month after the cause thus ended, the hun- be further thankful if he could once get his quiet; dred pounds mentioned in the article was delivered to which speech I gave little regard. to me by my servant Hunt.
“ 18. To the eighteenth article of he charge, “ 14. To the fourteenth article of the charge, viz., in the cause of Mr. Dunch, he received of viz., he received of Sir Raphe Hansby, having a Mr. Dunch two hundred pounds; I confess and cause depending before him, five hundred pounds; declare, that it was delivered by Mr. Thelwall to I confess and declare, that there were two decrees, Hatcher my servant, for one, as I think, some one, as I remember, for the inheritance, and the time after the decree; but I cannot precisely inother for goods and chattels, but all upon one bill; form myself of the time. and some good time after the first decree, and before “ 19. To the nineteenth article of the charge, the second, the said five hundred pounds were viz., in the cause between Reynell and Peacock, delivered me by Mr. Tobie Matthew, so as I can- he received from Reynell two hundred pounds, and not deny but it was upon the matter, pendente lite. a diamond ring worth five or six hundred pounds:
" 15. To the fifteenth article of the charge, viz., I confess and declare, that, at my first coming to William Compton being to have an extent for a the seal, when I was at Whitehall, my servant debt of one thousand and two hundred pounds, Hunt delivered me two hundred pounds, from the lord chancellor stayed it, and wrote his letter, Sir George Reynell, my near ally, to be bestowed upon which part of the debt was paid presently, upon furniture of my house; adding further, that and part at a future day. The lord chancellor he received divers former favours from me; and hereupon sends to borrow five hundred pounds; this was, as I verily think, before any suit begun. and because Compton was to pay four hundred | The ring was received certainly pendente lite ; pounds to one Huxley, his lordship requires Hux- and, though it were new year's-tide, yet it was ley to forbear it six months, and thereupon ob- too great a value for a new year's gift, though, as tains the money from Compton. The money I take it, nothing near the value mentioned in the being unpaid, suit grows between Huxley and article. Compton in chancery, where his lordship decrees “ 20. To the twentieth article of the charge, Compton to pay Huxley the debt, with damages viz., he took of Peacock a hundred pounds, and and costs, when it was in his own hands: I borrowed a thousand pounds, without interest, declare, that in my conscience, the stay of the security, or time of payment: I confess and deextent was just, being an extremity against a clare, that I received of Mr. Peacock a hundred nobleman, by whom Compton could be no loser. pounds at Dorset House, at my first coming to The money was plainly borrowed of Compton the seal, as a present; at which time no suit was upon bond with interest; and the message to begun; and that, the summer after, I sent my Hoxley was only to entreat him to give Compton then servant Lister to Mr. Rolf, my good friend a longer day, and in no sort to make me debtor or and neighbour, at St. Albans, to use his means responsible to Huxley; and, therefore, though I with Mr. Peacock (who was accounted a moneyed were not ready to pay Compton his money, as I man) for the borrowing of five hundred pounds; would have been glad to have done, save only and after, by my servant Hatcher, for borrowing one hundred pounds, which is paid; I could not of five hundred pounds more, which Mr. Rolf deny justice to Huxley, in as ample manner as if procured, and told me, at both times, that it nothing had been between Compton and me. But, should be without interest, script, or note; and if Compton hath been damnified in my respect, 1 that I should take my own time for payment of it. am to consider it to Compton.
“ 21. To the one-and-twentieth article of the “ 16. To the sixteenth article of the charge, charge, viz., in the cause between Smithwick viz., in the cause between Sir William Bronker and Wyche, he received from Smithwick two and Awbrey, the lord chancellor received from hundred pounds, which was repaid : I confess and Awbrey a hundred pounds : I do confess and declare, that my servant Hunt did, upon his acdeclare, that the money was given and received; compt, being my receiver of the fines of original but the manner of it I leave to the witnesses. writs, charge himself with two hundred pounds, Vol. I.-(13)
formerly received of Smithwick, which, after that I thanks from the king, and honour by it; and that had understood the nature of it, I ordered him to they would gratify me with a thousand pounds repay it, and to defaulk it of his accompt. for my travel in it; whereupon I treated between
6 22. To the two-and-twentieth article of the them, by way of persuasion, and (to prevent any charge, viz., in the cause of Sir Henry Russwell, compulsory suit) propounding such a price as the he received money from Russwell; but it is not vintners might be gainers six pounds per tun, as certain how much: I confess and declare, that I it was then maintained to me; and after, the merreceived money from my servant Hunt, as from chants petitioning to the king, and his majesty Mr. Russwell, in a purse ; and, whereas the sum recommending the business unto me as a busiin the article is indefinite, I confess it to be three ness that concerned his customs and the navy, I or four hundred pounds; and it was about some dealt more earnestly and peremptorily in it; and, months after the cause was decreed, in which de- as I think, restrained in the messengers' hands cree I was assisted by two of the judges. for a day or two some that were the more stiff;
“23. To the three-and-twentieth article of the and afterwards the merchants presented me with a charge, viz., in the cause of Mr. Barker, the lord thousand pounds out of their common purse; acchancellor received from Barker seven hundred knowledging themselves that I had kept them pounds : I confess and declare, that the money from a kind of ruin, and still maintaining to me mentioned in the article was received from Mr. that the vintners, if they were not insatiably Barker, some time after the decree passed. minded, liad a very competent gain. This is
“ 24. To the four-and-twentieth article, five- the merits of the cause, as then appeared unto and-twentieth, and six-and-twentieth articles of me. the charge, viz., the four-and-twentieth, there being “ 28. To the eight-and-twentieth article of the a reference from his majesty to his lordship of a charge, viz., the lord chancellor hath given way business between the Grocers and the Apotheca- to great exactions by his servants, both in respect ries, the lord chancellor received of the Grocers of private seals, and otherwise for sealing of intwo hundred pounds. The five-and-twentieth junctions: I confess, it was a great fault of article; in the same cause, he received of the neglect in me, that I looked no better to my Apothecaries that stood with the Grocers, a taster servants. of gold, worth between forty and fifty pounds, and 6. This declaration I have made to your lorda present of ambergrease. And the six-and-twen- ships with a sincere mind; humbly craving, that tieth article: he received of the New Company if there should be any mistaking, your lordships of the Apothecaries that stood against the Gro-would impute it to want of memory, and not to cers, a hundred pounds: To these I confess and any desire of mine to obscure truth, or palliate any declare, that the several sums from the three par- thing: for I do again confess, that in the points ties were received ; and for that it was no judicial charged upon me, although they should be taken as business, but a concord, or composition between myself have declared them, there is a great deal of the parties, and that as I thought all had received corruption and neglect, for which I am heartily good, and they were all three common purses, I and penitently sorry, and submit myself to the thought it the less matter to receive that which judgment, grace, and mercy of the court. they voluntarily presented; for if I had taken it - For extenuation, I will use none concerning in the nature of a corrupt bribe, I knew it could the matters themselves; only it may please your not be concealed, because it must needs be put lordships, out of your nobleness, to cast your eyes to accompt to the three several companies. of compassion upon my person and estate. I was
6627. To the seven-and-twentieth article of the never noted for an avaricious man. And the charge, viz., he took of the French merchants a apostle saith, that covetousness is the root of thousand pounds, to constrain the vintners of all evil. I hope also, that your lordships do the London to take from them fifteen hundred tuns rather find me in the state of grace; for that, in of wine ; to accomplish which, he used very in all these particulars, there are few or none that direct means, by colour of his office and authority, are not almost two years old, whereas those tha without bill or suit depending; terrifying the have a habit of corruption do commonly wax vintners, by threats and imprisonments of their worse and worse; so that it hath pleased God to persons, to buy wines, whereof they had no need prepare me, by precedent degrees of amendment, or use, at higher rates than they were vendible : I to my present penitency. And for my estate, it do confess and declare, that Sir Thomas Smith is so mean and poor, as my care is now chiefly to did deal with me in the behalf of the French com- satisfy my debts. pany; informing me that the vintners, by combi- “ And so, fearing I have troubled your lordships nation, would not take off their wines at any too long, I shall conclude with an humble suit reasonable prices. That it would destroy their unto you, that, if your lordships proceed to sentrade, and stay their voyage for that year; and tence, your sentence may not be heavy to my ruin, that it was a fair business, and concerned the but gracious, and mixed with mercy; and not only state; and he doubted not but I should receive so, but that you would be noble intercessors for me