by tale, but by weight. And therefore, their judgment must answer the counsel, and quiet the mind of the party; and though in gaming losers may speak, yet in judgment they must be silent; because it is presumed that nothing is taken from them but what is none of theirs. But this gentleman being of an unquiet spirit, after a secret murmuring, breaks out into a complaint to his majesty; and not staying his return out of Scotland, but fancying himself, as if he saw some cloud arising over my lord, wearying and tiring his majesty with infinite supplications in this case. And now, my lords, as if all his former cause had been lost, he presents it no more in parts, or loose papers, but compiling his undigested thoughts into a Libel, though the volume was but in quarto, fastens it on the king on Good Friday last. And his most princely majesty, finding it stuffed up with most bitter reviting speeches against so great and worthy a Judge, hath of himself commanded me this day to set forth and manifest his fault unto your lordships, that so he might receive deserved punishment. and so to avoid censure; and, as if my lord should have skill in magic, he saith, That my lord hath raised a report from hell of the late Master of the Roll, which was confuted before his face, and damned before his death; not content to scandalize the living, but so far, my lords, doth his malice overspread his wisdom, that he doth not cease, with his nails, to scrape the dead out of their graves again. When it is well known unto your lordships, that the Master of the Rolls was a man of great under-tanding, great pains, great experience, great dexterity, and of great integrity; yet, because this cause fell by casualty into his hands, by reverence from the last lord chancellor, and he followed not this man's humour in his report; therefore he brands him with these aspersions, and adds this to the rest, That he grounded this report upon witnesses that swore impossibilties, gross absurdities, and apparent untruths. How can you but think, my lords, but that this gentleman's head is full of poison, seeing it fell out so fast then into his pen, trampling upon the dead? And this is an addition unto his punishment, the injury of him that is dead, because the state yet lives, wherein his justice is scandalized. both these, it was by assent ordered, That Fisher should assign the lease made unto him upon trust, and Wraynham should pay the money, so well proved to be due to Fisher: so by assent was the decree bad, which is the first decree. In this velvet pamphlet (for this Book is bound in velvet) is set forth his cause, the work of this day; wherein Mr. Wraynham saith, he had two decrees in the first Lord Chancellor's And now, my lords, that you may the more time, both under the great seal, and yet both detest his slanders, whereby he goeth about to are altered since the last lord chancellor's death, slander my Lord Chancellor's justice; give me and cancelled by this lord chancellor in a pre- leave to open the plain and even way, wherein posterous manner; and 1, without cause; 2, this great judge walks in this particular case. without matter; 3, without any legal proceed- The questions in Chancery at first were two, ing; 4, without precedent; 5, upon the party's between Wraynham and Fisher, upon cross bare suggestions; and 6, without calling Mr. suits, either against the other; Wrayıłam comWraynham to answer. And of this, my lords, plains of trust broken, whereby he was de spitefully he imagines a threefold end: 1, to frauded; Fisher upon a debt of a priva ereckon reward Fisher's fraud and perjuries; 2, to paling detained by Wraynham. Upon proof of liate his unjust proceedings, and to rack things out of joint: and 3, to confound Wraynham's estate and that my lord was therein led by the rule of his own fancy. Yet he stayed not here; but, as if he would set spurs against my lord, he aggravates my lord's injustice to be worse than murder; saying, That in his Sentence, he hath devoured him and his whole family. And secondly, as if one sin should follow upon another, he doubles it upon my lord, and, in a manner, plainly gives my lord the lye. And hearing that my lord had satisfied his majesty in this case; he saith in his Book, that he that did it unjustly, ust, to maintain it, speak untruly, adding falshood to my lord's injustice; saying in his Book, it is given out my lord hath begged Wraynham's pardon: which, though it be the shew of a gentle heart, yet argues a guilty conscience, and is but my lord's cunuing to avoid the hearing of the cause. And as if my lord should know his own disease to be foul, and were unwilling to have it searched or discovered; he charged my lord with shifts, and tells him that he hath palliated oppression with greatne-s, - wit and eloquence; and that the height of authority makes men presume. And to make this yet more sharp, he urgeth, that my lord, to maintain this, useth secret means, whereby the unsoundness of his actions may not be seen, But Mr. Wraynham, wisely suspecting that Mr. Fisher had incumbered his lease, and if it should be assigned to him according to the decree, it would be merely illusory; he exhibits a new bill to discover what charge, and in what sort, Fisher had charged the land with incu brances. And Mr. Wraynham finding the incumbrances greater, upon the reference of the lord chancellor to the master of the rolls, a bargain was mediated between then, that Fisher should hold the lease in question, and Wraynhan should have after the rate of twelve years purchase; and to this both assented; so that your lordships see that the first decree was not cancelled by my Lord Chancellor, but discharged by himself; for by the decree he might have had the lease; but he contented himself with twelve years purchase. After this, the question grew upon the value, which being referred to the last Master of the Rolls, how the value was at first, before the improvement, when it was in lease to one Harply, and there, upon proof and oath of divers wit nesses, the Master of the Rolls returned and certified the constant produce of the lease to be worth 2007. by the year; whereupon Wraynham was to have it at twelve years purchase, amounting to, 2,400/. Mr. Wraynhamn seeing the land was much improved by a defence made against the sea and other means, whereby the nature of the land was altered, and the profit much raised, moves the Lord Chancellor not to recede from the bargain, but saith, that the value returned was not the true value, for the land was worth 4007, by the year, and yet excepts by retainer in his hands, 2000 marks which he owed to Fisher, 1,0667. odd money; whereby now Mr. Wraynham had received his 2,4007. in his purse. And when he saw himself thus fleeced, having received 2,1007. for that which cost but 2007. now he stirs up new saits, and moves the Lord Chancellor by a commission to refer the value to two knights that had been farmers to the land, that they might certify the true value: the one, sir L'Estrange Mordaunt, who certifies the value 318/. yearly; and the other, sir Henry Spillman, certified the value to be 3641. yearly; and my Lord Chancellor strikes between them, and makes it 3401. So here is a difference of values, the first of 2001, upon oath yearly, and this at 3107. yearly, without oath. The first value is at the time of Harply's lease, the second is at the time of the commission granted; and after improvement of which, your lordships well know in your wisdom, the difference between land barren, and improved in value. The last Lord Chancellor, according to the amounting value of 340l. a year, annexed the increase to Wraynham's bargain, and that he should have it, as if the lands were worth $40l. per ann. So that now, the 2,4007. in his purse, had been worth 1,680l. annexed above 4,000l. Mr. Fisher finding this annexed to the bargain, and that he should be pressed to pay the surplusage, and that he had choice either to pay the money, or to part with the lease; Fisher moved the court, that he might give up the lease, and desires his first 2,000 marks with damages, which Wraynham assented to, so that he might have defalcation of that which Fisher had received of the profits of the land. Upon this, upon consent of parties, it was again decreed (and this is the second Decree, which Wraynham so much triumphs upon, not being an absolute and positive Decree, but qualified with this): 1. That Wraynham should pay the 2,4007. with damages to Fisher: and 2, That Wraynham should have defalcation of such profits as Mr. Fisher had received out of the land. Mr. Wraynham strives with this second Decree, being willing to have the value of the land, not according as Fisher had received, but what he might have recovered. Now my Lord-Chancellor finding the case thus standing, thought it no injustice against Wraynham's own offer, not that Fisher should lose his damages, having forborn 24007. ten years, nor that Wraynham should be allowed more defalcation than Fisher could receive, be cause he was tyed to a dry rent; and finding that Wraynham was neither willing nor able to return the 24007, with damages unto Fisher, my Lord-Chancellor thought fit to establish the bargain, according to the first certificate of the master of the rolls upon oaths; because the last certificate without outh, was not so equal in the balance of justice, as that with oath, certified by the master of the rolls, upon the examination of divers witnesses. Now, my good lords, if this case stands thus, what injustice is there committed? What unsoundness is there in this action? or, what cause is there for my Lord Chancellor to hide himself, that this gentleman should in this case declain against him this day? If it were, my lords, to make my Lord-Chancellor, for fear, to take off his hand; he will let the world know he is more constant and courageous in the points of justice, than that which he did so justly, so slightly to revoke. And if it were to this end, to make my Lord-Chancellor to dispute with Mr. Wraynham; I am to let you know from his majesty, that he will not let him forego, nor forget his place, so much as to enter into debate with Mr. Wraynham, knowing that it were not fit for him to stand to wrestle or wrangle with Mr. Wraynham, but rather to despise so mean an adversary. My lords, you know, that wise and just men may walk the same way, though not the same passage; there are divers courses and divers ways to the same end, justice: for justice sake, they are both to be honoured, neither to be blamed. For, my lords, if judges should be traduced as unjust, because they differ in opinion, they should have thankless offices. Justice is the harmony of heaven, but Lingua detractionis est lancea triplex." Though this gentleman hath sweat hard to scoff and dare so high a judge, yet the razor of his tongue cannot charge him that any thing came between God and his own conscience, but the merits of the cause; though it be certainly true, whilst a man carries this flesh about him, his judgments and faculties will be imperfect. Yet, my lords, I know that my lord is the branch of such a tree, who, though he blossom'd last, yet took ́more sap from the root than any of the rest: the son living in the memory of so worthy a father, the father living in the memory of so virtuous a son, who may say, as Agesilaus once said to his father, I obey you in judging nothing contrary to law.' I am glad this gentleman is so naked of excuse, yet heartily sorry his defamation is so foul, as to draw such a smart of punishment as this will be upon him; and here if necessity (the true defender of man's wickedness) should step in, I answer, Though necessity break through all laws, yet flying into the face of justice, it must be broken by justice; else no subjeet can be safe, nor no court keep itself from infauny. It is well, my lord, that this fault falls out but seldom; for being exorbitant when it happens, it cannot but be foul. It is a pernicious example; for by this, when slanders are presented instead of complaints, that is but to set divisions between the king and his great magistrates, to discourage judges, and vility justice in the sight and mouths of ail the people. Therefore I beseech your lordships to pardon me, if I be too long, and suffer me to shew your lordships what this court, in like cases, hath done. 'a cloudy mist may rise to hide the verity of your princely judgment.—I could never see by what reasons or words his lordship hath 'coloured his dealings to excuse himself unto your majesty, understanding only a piece, and not the whole from your majesty. This must move me most humbly to beseech your majesty to save my wife and children; and out of your princely justice to appoint a day of hearing, whereby there shall appear unto your majesty, as well the sincerity of my affirma'tious, as the unsoundness of his lordship's For I never sought corners, but openly, and sometimes in my lord's presence, have notified and complained of my wrongs, and desire a public hearing before your ma σ In the second year of his majesty's reign, when sir Edward Coke, according to his place, informed against Foorth in this court, ore tenus, for petitioning his majesty against the last LordChancellor, for granting an injunction for stay-actions. ing of a suit at the common law, (which your lordships know how necessary it is) he being convicted upon his own confession, received a sharp censure. I will conclude with this one,jesty, which the greatest subject dares not do and I shall desire your lordships, in this place, to hear it read; and then do humbly beseech your lordships to hear the gentleman at the bar, either for his defence, or excuse. Then Wrayuham's Examinations were read in this Book and Epistle, without truth and justice.' And in another place, Wraynham saith, My lord eliancellor proves nothing by record, nor delivers any thing by writing, to answer the things objected against him; but would hide himself from the eyes of your majesty's justice.' His majesty saith, though he receive petitions from his subjects against his highest justices; yet he will have his judges know, that they are subject to his account only, and to none else upon earth. His majesty received this petition on Good-Friday last, in which this gentleman hath so far exceeded the measure of an humble complaint, that I must appeal to your lordships against him. Then he was charged with these words following, in the end of his Epistle to his majesty: "He that judgeth unjustly, must, to maintain it, speak untruly; and the height of authority maketh men to presume.' Also, in shewing of his majesty reasons why the Master of the Rolls was faulty, he said, 1. The master of the rolls had omitted many of his material proofs. 2. He shifted off other some. 3. That he sometimes wrested the equity of his cause. 4. That he did falsely cite Fisher's proofs. 5. That he Then was Foorth's precedent read, bearing grounded the report upon the deposition of date 14th Nov. termino Mich 2 Jac. 1. And witnesses that swore absurdities, untruths, and likewise Foorth's two last Petitions against my mere impossibilities. And, lastly, as if the re-lord-chancellor, touching which reference is port had been condemned and damned before had. And the lords asked Mr. Wraynham to the pit of hell, he said it was raised as ub what he could say for himself. inferno. Mr. Wraynham, Right honourable, and my In his Epistle to his majesty, he is charged very good lords; from a man so perplexed with with these words: I understand my Lord- so many miseries, what can be expected? and Chancellor hath begged my pardon: it is out-what marvel, if I should faulter, or might let wardly the shew of a great heart, but inwardly it argueth a guilty conscience; otherwise, if first I had been found guilty, and his lordship should then have interceded with his majesty for me, it had been an argument of an indulgent nature; but to beg pardon where there is no need, was manifestly done to avoid an hearing, and not in pity towards me; for he that despoils me of my goods, I will not trust him with my person. And therefore, far be it from me to hope, or trust in his goodness: I disclaim his favour, and infinitely deplore the judgment of his majesty.' And in the conclusion of his Epistle were these words: I desire to suffer at your gates, if I shall dare to slander so great and eminent a judge, unto so great and wise a king. If he "should not desire to reward the Fishers for their fraud and perjuries, I know not why he 'should have racked all out of joint. My lord, with this his last cunning and rhetorick, hath palliated his unjust proceedings against me; 'for my lord's gesture and pronunciation in his 'speech is wanting in my writing, out of which fall any speech that might seem uncomely? My lords, I know not how to behave myself, I will not willingly offend any, but especially the king's most excellent majesty; yet nature commands me to defend myself, for it cannot be thought he can be faithful to another, that is not so to himself. And therefore I humbly desire that what I offer in extenuation, or defence, that neither the meanest that hear it, nor your lordships, which are to judge of it, would take it offensively. My Book consisteth of three parts. 1. An Epistle to his majesty. 2. The body of the book, which relateth the truth of all the proceedings. And, 3. a conclusive Speech in the nature of an epilogue. Touching the body of the Book, and the truth of the cause, I conceive it not now called in question, for I think your lordships will not enter into the particulars; but because it hath pleased Mr. Attorney to speak something of it, I will not be silent. My accusations, my lords, are set forth in two things: 1, that the complaint is of the right-hon, the lord-chancellor. 2. That it is in bitter and unreverend terms, For the 1st, I must fly for succour and protection unto our dread sovereign lord the king; for it pleased his majesty, sitting here in the sacred seat of justice, to declare, that if any were wronged in point of justice, to him they might come and have redress; and for proof thereof, I humbly desire your lordships to hear me read a set\nce or two in his majesty's Book. For,' saith he, if any were wronged, their complaint should have come unto me; none of you but will confess you have a king of a reasonable understanding,' &c. And in another place, Why then should you spare to complain unto me, being the high-way; therefore as you come gaping to the law for 'justice, &c.' But if you find bribery or corruption, then come boldly; but beware of the 'justness of your cause.' 1st, therefore, in his majesty's opinion, a man may be wronged in a court of justice. 2dly, In that case, his majesty is not only willing to receive a complaint, but to reform what is amiss: so that his majesty publishing this much to all his subjects, I hope your lordships will not conceive that barely to complain is a fault; especially seeing that his majesty saith, Why do you spare to complain?' The second part of my Accusation is, because I have used unreverend and bitter terms. 1st, I divided the collections objected against me into two parts. 1. Into two sentences, which Mr. Attorney hath endeavoured to fasten on the lord-chancellor by inference. 2. Into words, applied to his lordship. 6 My lords, touching the first, I hope general speeches shall have no such construction. In the 116th Psalm, the prophet saith of himself, I have said in my fury, all men are lyars.' And in the 14th Psalm, it is said of all men, They have all gone out of the way, and are abominable; there is none that doeth good, ' no not one.' And in the Epistle to the Romans, it is said, Let God be just, and all 'men lyars.' And again it is said in Scripture, That the poison of asps is under their lips, that their throats were open sepulchres.' And yet it was never heard, that any of the prophets and apostles (golly men) found fault with David, saying, You have said my throat is an open sepulchre; that I am a lyar; and abo◄minable;' because they were but general speeches. And therefore, my lords, I humbly pray, that any general speeches may not be applied to my lord-chancellor, for I had no such meaning. 6 For particular words, they are, as I take it, these; unsoundness of his lordship's actions; unjust proceedings, oppression, and injustice. Now, iny lords, I must again fly to the king for succour, in these words; for his majesty points forth the things for which a subject may complain. For his majesty saith in his Book, If a man be wronged in the course of justice.' What is it but injustice? 2dly, His majesty saith, That if one find bribery, corruption, 'injustice, &c.' and then we should come boldly. ་ 1st, For the word Injustice: he that proves the justice of his cause, proves the judgment given against it injustice: for, my lords, I conceive, under your lordships favour, that this very word contains all the rest, and that all other words that I have used are but synonimies unto this; and I used them all, yea all, I protest, to avoid tautology, and to avoid always using of the same word, injustice. And that also which urged me to use it, was necessity : and that twofold necessity; 1st, For that unless I particularly accused his lordship of injustice, I was out of hope ever to obtain an hearing of his majesty. Secondly, My miseries inforced me unto it : And therefore it may please your lordships to understand, that in my first position to his majesty, there was no such word as Injustice, or that tended near unto it: but only it did set forth what the then Master of the Rolls, this lord, and the last Lord Chancellor had done; and desired his majesty to judge, whether the last Lord Chancellor or the now lord keeper, had most justly distributed justice: It pleased bis majesty to give answer, That he would take some other course, when he came near London.' When his majesty came to Theobalds, I framed two other petitions, and deIvered the one to his majesty, and the other to secretary Winwood; and in neither of these petitions was there mention of injustice, or a word savouring of it. And when I besought his majesty, at that time, to hear the cause, or to refer the examination, he gave me this answer: If myself, and the lords should trouble themselves about hearing of sentences, no other business would be done by us, for every man would be ready to complain.' And tous I had fallen off, but that his majesty said further unto Will you charge my Lord Chancellor with injustice or bribery?" I blanched the matter again, and desi,ed l ́s majesty would be pleased to grant me an hearing of the cause. me, After which, when I had meditated again of his majesty's question, I found great coherence between this question and the words in bis majesty's Book, and thereupon was bold to use the word injustice. Unto which his majesty was pleased to answer, These accusations are too common: but I will have relation of the cause from my lord himself.” After all this, understanding that the Lord Chancellor had endeavoured to answer this matter unto his majesty, and to this end had produced the Master of the Rolls, Phillips, his report; which, I confess, taken by itself, may not only satisfy my Lord Chancellor, but the king himself, or any man else living: and therefore, fearing that my lord endeavoured to satisfy the king with that report, I saw there was no other course, but to give an answer unto it, which I could not do without the book. In making whereof, something was required, both before and after which drew me to make the Epistle and the Epilogue. In the making whereof, I mustered together all my miseries; I saw my land taken away, which had been having possession of the land, takes another course by fraudulent conveyances between him and his brother, and others; and in a motion made in the name of sir Thomas Challoner, inform that this conveyance was before my bill exhibited, and therefore desire I might be put out of possession; and so it was ordered, that the possession should remain then as it was. before established unto me; and after six and forty Orders, and twelve Reports, made in the Cause; nay, after motions, hearings, and rehearings, fourscore in number, I beheld all overthrown in a moment, and all overthrown.(for they lodge the fast interest in him) they without a new bill preferred. I discerned the representation of a prison gaping for me, in which I must from thenceforth spend all the days of my life without release: for in this suit I have spent almost 30007. and many of my friends were engaged for me, some damnified, others undone and with this, did accompany many eminent miseries, likely to ensue upon me, my wife and four children, the eldest of which being but five years old; so that we that did every day formerly give bread to others, must now beg bread of others, or else starve, which is the miserablest of all deaths: and there being no means to nove his majesty to hear the cause, but to accuse his lordship of injustice; this, and all these, moved me to be sharp and bitter, and to use words, though dangerous in themselves, yet I hope pardonable in such extremities. And now I hope, if this will not acquit me, yet your honours will be pleased to move the king for his gracious pardon: for misery made patient Job break out and swell against God himself; and therefore, my lords, how much more may it make me so compleatly miserable, to swell and transgress against man! And if, my good lords, you should hear all the passages of the cause, I should the better conceive your lordships will not be troubled with it; and Mr. Attorney hath already set it forth in that fashion, as it makes much against me: but if your lordships will vouchsafe me that favour, I hope I shall alter, or at least extenuate your lord-hips opinions in this cause. In the year 1606, I preferred a bill in chancery against Edward Fisher, for defrauding me of a lease of 60 years: Fisher forswears the trust, and preferred another bill against me for debts; both bills came to be heard before Kinglosse: Fisher offered to purchase the lease, and the debts were referred to two masters. These took great pains concerning the debts; after which the Lord Chancellor referred the whole business to those two masters of the Chancery, and then having examined both trust and debts, they report the trust proved; and for the debts, they think fit that I should give Fisher 2000 marks, whereof 500 marks were for damages. Fisher, not satisfied, moves my Lord Chancellor to hear the cause himself, and this was in 1603; and my lord, upon an hearing, decreed, with the consent of Fisher and his counsel, that he should assure the land, and I pay him 2000 marks within six months. After this, my lord having made this decree by consent, I served Fisher with it; but his contempt was such, that after 'hree commissions of rebellion, I was enforced to take a serjeant at arms to attach him, and had a commission awarded to the sheriff of Norfolk, to put me in possession. Fisher perceiving that the hiding of his head could not keep me from | Then I, to discover those frauds, preferred a new Bill against Fisher the deceiver and three others. They in their answer set forth matter sufficient to shew the fraud. For sir Thomas saith, that this conveyance from sir Edward his brother, was made and sealed when he never thought of it; that 1700l. was to be paid; but yet he never saw the land, he never bargained or conditioned for it, but hearing the trouble of it, assured it to Richard, the younger son of Fisher the deceiver: and so because he also was unable to go on in the purchase, he lodged it in the hands of sir Thomas Challoner. Hobart, Attorney, informs my Lord Chancellor of these frauds; my lord gave them a day, to shew cause why I should not have the land till they could make better proofs. Then those witnesses which were both Fisher's men, were examined by my Lord Chancellor in open court, and one of them swears that the conveyance, which must defeat the decree, was sealed in the hall; the other swears it was done in the parlour; one, that it was read, the other, that it was not read: the one, that it was signed: the other, that it was not signed: one swears, that sir Edward Fisher was present; the other, not present; and both, that it was done at such a time, when the deed bears date twelve months after. Then what remains after all this, but that I should have a confirmation of the old decree, or else a new? But I find it true, 'Nemo leditur nisi a seipso.' For then the lord chancellor made a motion, that Fisher should buy the land; against which, I not gainsaying, his lordship referred the mediation of the bargain to the master of the rolls, where it appeared, that sir Edward Fisher had made a lease of half the land for 2001, the year; and therefore it was agreed, that Fisher should give 2400l. out of the which he was to deduct 2,000 marks for his debts, due by the first decree, and the residue about 1,0667. I received, because it did not appear what the lands were worth. A commission was awarded out to sir L'Estrange Mordaunt and three others, to find out the true value of the land, and a bargain was not commanded, but propounded by the court: and I beseech your lordships to observe, that the master of the rolls being to consider of all the examinations, lawfully taken in the cause, nine witnesses were taken by the commission and duly examined; five witnesses more were examined in the examiner's office, without my privity or consent, and contrary to an order in court: which witnesses being examined, swore point-blank in all things; and according to those proofs, the master of the rolls made his |