« VorigeDoorgaan »
buzzing of's ich opinions in the ears and hearts and he cited sir Nicholas Throgmorton's Case of the people, being his subjects, and Glanvil in Dyer, • where was only a conference diti ie: treason to be, viz. qui áliquid machi-concerning the death of the queen, and it did nantır in necem regis, see 25 E. 3.—But Wil- not take effect, and still it was resolved to be liams for himself objects, that what he did and high treason, and it cannot be said in this case wrote, was not out of any malicious or disloyal that this matter rests in thought, since it is reheart cowards the king, but proceeded out of duced to writing, for scribere est agere, t and his love, and that he intended this as a caveat it words can amount to treason, (as clearly they and admonition, whereby the king should avoid | may) à fortiori when they are reduced to writthese mischiefs which were very like for 10 ing, and although they were never spoken, still happen to him, which appears many times in it now appears that his intent was treasonable; his book, as he says, for when he has declared and therefore, as to the third objection, it was the judgment and destruction, &c. he concludes ciearly agreed ibat although this Book was inclosthe sentence thus, viz. (which God avert) or ed in a box sealed or in his study, still because such like words. 4. This matter rests only in by this act his intent appears, therefore it is opioion and thought, and it was not carried to high treason, and Yelverion, the king's Attorany overt act in execution, for no rebellion, ney, said, that at common law there be four treason, or other mischief eusied upon it. 3. manners of treasons, 1. Rebellion. 2. To deny He inclosed his Book in a box sealed up, and the king's title and power, temporal or spiri. $0 secretly conveyed it to the king, and never tual. 3. To advance and maintain superior published" it.-Aš to ihe first objection, the power to the king. 4. In bearing his subjects court answer, that no respect shall be paid to in band that the king's government is erronethe good intention of a man, when his words ons, heretical, and unjust, whereby the manner and actions appear to the contrary, and when of his government is impeached, and called in a man had talked treason in the previous part question; which Doddridge affirmed, and said of a sentence, he cannot qualify it by • God that these are undeniable maxims. save the king.' As to the second objection, howbeit rebellion, treason, &c. did not ensue and Mr. St. John's Argument in lord Strafford's upon it, yet Doddridge said that the rule is in case, (infra) as there quoted. alrocioribus delictis, puniiur affectus, licet non There is a very short note of the point sequatur effectus ; for if an atrempi be made in Dyer's Rep. 98. b. pl. 56. The case at large to imprison the king, albeit his death is not in is inserted in this Collection, vol. 1, p. 869. tended, still this is high treason, for it is the + Concerning words and writings as overt means by which his death may ensue, and this acts of treason, see East's Pleas of the Crown, was the case as Mountague said of king E. 2. * ch. 2, s. 55, 56, and the cases and other autho
rities there referred to. In this Collection see As to this, see Luders on the Law of the cases of Algernon Sidney, A. D. 1683. Sir High Treason, in the article of levying war, 77; John l'enwick, a. D. 1696.
115. Proceedings in Parliament against Francis Bacon Lord Ve
rulam, Viscount St. Albans, Lord Chancellor of England, upon an Impeachment for Bribery and Corruption in the Execution of his Office: And also against Dr. THEOPHILUS FIELD, Bishop of Llandaff, &c. 18 & 19 JAMES, A. D. 1620. i1 Commons' Journals, 554. 3 Lords' Journals, 53. 1 Cobb. Parl. Hist. 1208.]
so endued with all parts, both of nature and PROCEEDINGS IN TUE HOUSE OF Commons.
art, as that I will say no more of him; being March 15, 1620.
not able to say enough. 2. The Matier alSir Robert Phillips reports from the Com- ledged, is Corruption. 3. The Persons by mittee appointed to enquire into Abuses in the whom this is presented to us, are two, viz. Courts of Justice, viz.
Awbrey and Egerton. Awbrey's Petition “ I am commanded from the said Committee saith, that he having a Cause depending before to render an account of soine Abuses in the the Lord-Chancellor, and being tired by deCourts of Justice, which have been presented'lays, was advised by some that are near my lord, unto us. In that woich I shall deliver, are, to quicken the way by more than ordinarymeans, three parts. First, The Persin against whom viz. by presenting my lord with 1001. The it is alledged. Secondly, The Matier alledgel. poor gentleman not able by any means to Thirdly, The Opinion of the Committee. come to his wished-tor port, struck sail at this,
1. The Person against whom it is alledged, and made a shiii to get an 1001, from the is no less than the Lord Chancellor, (Francis u-uier; and having got it, went with sir George lord Verulam, viscount St. Albans,] a man Hastings and Mr. Jenkins to Grays-Inn ; and
being come to my lord's house, they took the | Field, Mr. Egerton and he being acquaintmoney of him, and carried it in to my lord ed, and Mr. Egerton's mind being troubled Chancellor, and came out to him again, saying, with the ill success of his business, veoted my lord was thankful, and assured bim of good, it to the divine, who (contrary to his professuccess in his business. Sir George Hastings sion) took upon him to bruke for him, in such acknowledgeth the giving of advice, and car. a manner as was never precedented by any. rying in of the money to my lord, and saith be He made Egerton to acknowledge a recognipresented it to niy lord as from himself, and zance of 10,000 marks, with a defeazance, that not from Awbrey.
if my Lord Chancellor did decree it for him, « This is all confirmed by divers Letters, but 6,000 marks was to be distributed among those it wrought not the effect which the gentlemen honourable persons that did solicit it for him : expected; for notwithstanding this, he was still but if it did not go as they desired, he promised, delayed. Egerton sheweth, that he desiring to in verbo sacerdotis, that he would deliver up procure my lord's favour, was persuaded by sir the bonds. George Hastings and sir Richard Young, to “ This appeared by Letters from the now represent my lord with a sum of money. Before verend bishop, but then practical doctor. Mr. this advice, he had given a present of 521. and Johnson (a moral honest man) perceiving that odd shillings in plate, as a testimony of his love; Mr. Egerton, finding no relief, did intend to but is doubtful whether before bis calling to the prefer a Petition against the Lord Chancellor seal, or since: but now by mortgaging his by one Heales's means, took occasion to talk estate he got up 4001. and sends for sir George with Mr. Egerton; asking him, why he would Hastings and sir Richard Young, desires their prefer such a scandalous Petition against my assistance in presenting this money, and told lord; he would have him take the money out them how much it was. They took it and car- of the Petition, and then his cause, by the meried it to my Lord Chancellor as a gratuity from diation and conference of some other judge the gentleman; for that my lord (when he was with my lord, might be brought to a good end; Attorney) stvod by him. My lord (as they say) and for money, if he had lent any, he might be started at first, saying it was too much, he satisfied again. would not take it; but at length was persuad “ Afterwards upon a Petition to the king ed, because it was for favours past, and took it, by sir Rowland Egerton, there was a reference and the gentleman returned him thanks; saying of this matter to the Lord Chancllor, and Mr. that their lord said, that he did not only enrich Edward Egerton entered into a bond for ten him, but laid a tie on him to assist him in all thousand marks. He had treated with one Dr. just and lawful business. Sir George Hastings, Sharp, that if he would give 11001, he should and sir Richard Young, acknowledged the re- have his desire. We sent for Sharp, but he ceiving and delivery of the purse; but said they denied that he ever contracted with him. The knew not what was in it. Then a question desire of the committee was, to reform that was proposed, Whether there were any suit de which was amiss; and they thought fit to give pending during those offerings, either in the as much expedition as might be, because so Chancery or the Star-chamber; but there was great a man's honour is soiled with it, and no certain Evidence of it. Thus you see Cor- therefore do think meet that farther inquisition ruption laid to the charge of a Judge too, à be made this afternoon, and when the iruth of great judge; nay, to the great keeper of the the matter is found, then to be sent to the king's conscience.
lords. Thus I have faithfully related what hath ** Another point came in by-the-bye, shew- passed, and with as much duty and respect, as ing that some indirect means are sometimes I might to my Lord Chancellor; I desire it to open (I fear too often) to the courts of justice, be carried out of the house with a favourable
“ It concerns no less a man than a divine. construction." who is now a bishop, * but then called Dr. Ordered, That this matter be further con
sidered by the committee this afternoon. Then He was made bishop of Landaff 1619. the house adjourned. His share in this transaction does not seem to March 17. Sir Robert Phillips made Report have impeded his preferment. He was trans- from the Committee of the Abuses in the Courts lated to St. David's 1627, and to Hereford 1635. of Justice, viz. He died 1636. Some of Howell's letters are “We met on Thursday in the afternoon; addressed to him. The fact is, corruption was, the principal thing wherein I desired to be as Bacon himself stiles it in his Submission of satisfied was, whei her at the time of giving April 22, 1621, vitium temporis : all the con- those Gifts to the Lord Chancellor there were temporary writers prove this. See also Luders's any suit depending before him. In Awbrey's Considerations on the Law of High Treason in Case it appeared plainly there was: Something the article of Levying War, cap. iv.” Mr. Lu- accidentally fell out in this Examination, and ders indeed says, “ Bacon was conscious that that is, a Declaration of sir George Hastings, he did justice better and with more expedition who hath been struggling with himself betwixt than his contemporaries : it is remarkable that gratitude and honesty; but public and private he was not accused of selling injustice. The sale of justice would have been sufficiently bad cap. 49,) but I fear it is impossible to confine ( nulli vendemus justitiam,' Magna Charta Bacon's guilt within that limit.” VOL. II.
goods meeting, he preferred the public, and could have no remedy, so the Petition went owned, that he taking pity on Aubrey's suit, on. Sir George Hastings, some time since, did give in a box of 1001. to the Lord Chan- bad conference with my Lord Chancellor; and cellor, in the e terms, or she like, " That it was
be told bim,
• lle must lay it upon his borde to help, Asbrev inliis iluse.' Notwitlostand- ship.?. Il you du, George,' said he, I must ing, not long after, a very prejuciicial and murdeny it upon my honour.' Thus you see the dering order was made against Aubrey in his Relation of what buth passed. cause : whiereupon sir Geo ye Hastings moved “Now for our Proceedings in it; it is a cauce my Lord Chancellor to recury this order. My of great necht, it concerns every man bere: ior loid promised to do it, but did it not. The lit the fountains be muddy, what will the strears Order was put into the bauds of one Churchill be? If the great dispenser of the king's con(one of the Registers in Chancery) by a servant science be corrupt, who can bave any courage of the Lord Chancellor's. There are Letters of to plead before him? I will present one thing Ali brey's to the Lord Chancellor touching this untu you, and then make a request. That business. Now for Mr. Egerton's Case: As which I move, is, that we present his business the maiter was of more weight, so the sum was singly to the lords, and deliver it without exof larger extent, for there was 4001. given them, asperation ; 1. Because there is but one preceand a suit then defending in ile Star-Chamber; dent * for it, in the che case for a chancellor in a about which time sir Rowland Fyerton did cause of corruption. 2. Because the party acprefer a l'etition to the king for a reference cused is a peer of the kingdom, sitting in the unto he Lord Chancellor: Wherenpon my higher liouse, whom we cannot meddle with. lord caused him to enter into a bund för 6000 3. Because we have no power to give an oath. marks to stand to lis award. An award was That which I request is, that those people which alternards made, which was retired by Mr. bave been fetiered with much calamity by Edward Egerton; thereupon a suit by the Lord these courses, may by petition to his majesty, Chancellor's direction was commenced against or other vise, have their cause revived and rebow, and the land of 6000 inarls assigned over
vised. to sir Rowland Egerton. About this time Sir Edward Sackville. This honourable lord Edward Fgerton tecame acquainted with Dr. stands but yet suspected, and I iwl not those Fiud, ond related his cause unto himn; who gentlemen that have testified against him compityine liim, sent him 10 (no worthy gentlemen, petent witnesses. 1. Because they speak to disMr. Damport and sir Jou Butler (who is now charge themselves. 2. Because if he be guilty, dead); lie makes known his case to them, and they were those that tompted him. But yei, deriris them to be a means to put of his cause if notwithstanding you resolve to send it up to from hearing, because his withiesses were not the lords, let it be presented without any prehere. Whereupon Dampoit wrote to the duke judicial opinion, to be weighed in the balace of Buckinghani to have had his letter to the of their lordsbip judgments. And if they thinks Lord Chancellor to stop it; But the duke said fit to examine there witnesses, let them. he would not write, because the matter was Sir George Hastings. This adds to my griet; already decreext, and he would not receive it. but this is my resolution, I had rather perish Mr. Egerton was drawn into a bond of 10,000 with a just sentence here, than escape with a marks for the payment of 6000: and Nr. guilty conscience. Damport being asked, what he and Dr. Lield Sone noved that sir George Hastings and should have had of this money, he said, lie did sir Richard Young should be sequestered from not remember what ccrtain sum: but he said parliament till the matter was ended; but there it was more than any cause couid deserve in was nothing ordered therein. any couit of justice.
Alr. Nerill. After some reluctation within * Tu Aubrey's ('ase this is to be said. Thot | me, I am resolved to speak what my conscisir George Harrings being at Hackney, where science leads me unto. I speak for the good he dwelt, was sent for by the Lord Chancellor, of my country, the bonour of my king, and adand accordingly he came to bim and found him vancenent of justice. Justice is the fountain, in bed, u bo bid bim come near him, and willed the king the head thereof, clear as the waters the rest to depart the room; and then said unto of Siloah, pure as the river of Damascus : but him, “Sir George, 1 219 sure you love me, and there is a derivative justice brought unto us • I know that you are not willing that any ibing by channels, those are often muddy and more * done by you shall reflect any dishonour upon bitter than the waters of Maralı: Such waters • me. I lear, that one Awbrey pre ends to flow abundantly in chancery. I will not touch
petition against me; he is a man that you upon the person of him that sits in couri, for * have some interest in ; you may take him off he is the dispenser of the king's conscience; if you please.'
but because some motions are made against ori Sir George Ilastings afterwards met with the testimony of those gentlemen, I will say Awbrev, and a-ked him whether he intended this, I think them fit to sii here, because they any such thing, and desired to see it, to shew are neither delinquents nor accused. My lord iny Lord Chancellor: which sir George accord means to deny it upon his honour: but I would ingly did, and desired my lord to do the poor man jnstice. My lord promised to do it, and * This seems to be the Case of Cardinal bad lim bring his counsel; and they did, but Wolsey, See 3 Co. Just. 148. 4 Co. Inst, 9.
not have that serve his turn, for be himself hath , same be related to the lords without prejumade the nobility swear in chancery. There- tice od opinion at a conference"; and that a fore I would have their lordships informed Mis age be sent to the lords for this purpo:e what privileges they have lost. Next, I woulo on liondny next. Adjourned,'&c. have thein tote the luxuriant authority of that
March 19. court, and how it is an inextricable labyrinth, A Message was sent to the lords by sir Rowherein resideth such a monsteras gormandizeth beri Paillips, to desire a Conference touching the liberty of all subjects whatsoever.
the Lord Chancellor and the bishop of LanA1r. Recorder Finch. If we shall make but daft, being petitioned ayainst by Awbrey and a presentation of this, we do in a sort accuse Egerton. him, nay judge hip: if the geotlemen be ad Sir Robert Phillips reports that the lords had mitted to give testimony, before it shall con agreed to a Conference. demn another it must agree with itself. First, Mr. Secretary Calvert brings a Message I heard him say, he gave it as a present from from the king, " That this parliament inath sát himself: yet afterwards he saith, he told my a long time, and Easter is vear come, and Lord Chancellor he had it from Awbrey.--. 'thanks it is fit there should be a cessation for a Again, Awbrey speaks not of any delivery of time; yet the king will appoint no time, but money himself to my Lord Chancellor. Then leaves it to yourselves. But for the beginning again it is urged, that a discontented suitor writ again, he thinketh the 10th of April a tit time, letters to my lord : the letters are rejected, but will appoint none; only he would have not hcarkened unto; what doth this but free you take care that there be no impediment in him? In the other case, if Egerton, out of a the Subsidies.—The king also took notice of desire to congratulate hiin at bis coming to the the Complaints against the Lord Chancellor, seal, made my lord a present for his kindnesses for which be was sorry, for it liath always beeni and pains in former businesses, what wrong his care to have placed the best; but no man bath be done if he hath received a present? can prevent such accidents ; but his comfort And though a suit were depending, yet who was, that the house was careful to preserve bis keeps a register in his heart of all causes? Nay, honour. And his majesty thought not fit to have who can, among such a multitude ? And for the affair liang long in suspence; therefore would the 6000 marks, there is no colour to say that not have any thing to hinder it. But for the ever he was to have any part thereof. For furtherance thereof, he proposed a Commission taking away the privilege of the nobility in of six of the higher house, and twelve of the requiring an oath, he found the court possessed lower house, to examine it úpon oath. This of it before he came there ; so that we have proposition if we liked well, he would send the no sufficient grounds to accuse so great a lord like to the lords, and this he thought might be upon that account.-But if we shall present done during this C'essation : and thongh he Articles to the lords, what do we (as I said, hoped the Chancellor was free, yet if he should before) but accuse hin?
he found guilty, he doubted not but
would Sir Edward Coke. It is objected, that we do bim justice." have but ove single witness; therefore no sutti Sir Edward Coke said, We should take heed cient proot. I answer, That in the 37th of the Commission do not binder the manner of Eliz. in a complaint against Soldier-Sellers, for our parliamentary proceedings. that having warrant to take up soldiers for the Tire Auswer returned to the King was, To wars, if they pressed a rich inan's son they render him thanks for the first Part of his grawould discharge him for money, there was no
cious Message. And for the second, we dcmore than singularis testis in one matter; but sired that the like Me:sage may be sent to the though they were single witnesses in several lorils; for there being so great a concurrence matters, yet agreeing in one and the saine betwixt us, we may have conference with thein third person, it was held sufficient to prove a about it. And then adjourned, &c. work of darkness. For in sich works it is a
Mach 20. marvel there are any witnesses.—But some ob Sir Edward Giles made a motion that one ject that these men are culpable; and there- Churchil should be called in. Whereupon fore no competent witnesses. I answer, They there was a Petition of one Montacute, Wood, came not to accuse, but were interrogated. -- &c. against the Lord Chancellor for taking If I be interrogated, I had rather speak truth 3001. of the lady Wharton, and making orders, than respect any man; and you will make Bri- &c. which was read. Churchil and Kecling bery to be unpunished, if he that carrieth the were said to be Witnesses, and a coinmittee Bribe shall not be a witness. In this, one wit was appointed to examine them, ness is sutlicient; he that accuseth himself by Sir Robert Phillips reports from the Conseraccusing another, is more than three witnesses: ence, that according to the commandment of and this was wrought out of them.
this house he had delivered those Heads which Ordered, That the Complaint of Awbrey were agreed on at the Conference yesterday ; and Egerton against the Lord Chancellor and excusing himself if he had failed in any point. the bishop for Corruption, for the 1001, and That the lords accepted it with a great deal of 4001. and the recognizance, should be drawn affection, as sensible of the wrongs done to the up by sir Robert Phillips, sir Edward Coke, Commonwealth; and returned Answer by the Mr. Nuy, and sir Dudley Diggs ; and that the Lord Treasurer ; l'irst, by way of Question,
Whether we would not reduce them into write which he himself knew in part. Gardiner, ing. Resolved No, for no cause; this only | Keeling's man, confirmed the payment of the consisting of two or three points, clear and sool. for the Decree, viz. 1001. before, and plain; and as for the Letters and other things 2001. after. This purchased Decree beug which the lords desired, we would acquaint lately dained again by my Lord Chancellor, the house, and doubted not but it would be was the cause of this Complaint. yielded.
“ Keeling saith, “Sir John Trevor did present The lords further returned for Answer, That my Lord Chancellor with 100l. by the hands they would proceed in this matter with care, of sir Richard Young, for a final end to this diligence and expedition.
Cause.' A Message from the lords to signify, that “ Sir Rd. Young aoswered, “That when he they have taken into consideration the last attended my Lord Chancellor, sir John Tre. Cooterence, and shall need the testimony of vor's inan brought a cabinet and a letter to my two members of this house; and therefore de- Lord Chancellor, and intreated me to deliver sire, that voluutarily, and without ordering, it, which I did openly; and this was openly as private persons, they make declaratioo upon done, and this was all I knew of it." Oath, and the like for others if occasion were. Sir Edward Coke. Strange to me that this
The Answer returned was, That the gentle money should be thus openly deliver d, and men would attend voluntarily as private gen- that one Gardiner should be present at the pastlemen, and upon private notice he examined. ment of the 2001. Sir Robert Phillips reports from the com
Ordered, That sir Robert Phillips do deliver mittee appointed to examine Churchil; from which particular a general
to the lords this afternoon the bishop of Lanbe extracted,
may conducing to the discovery of Corruption in
daff and Awbrey's Letters, and all other Wri
tings that he hath. And then adjourned, &c. the Lord Chancellor. “ The lady Wharton having a Cause de
March 21. pending in chancery, many orders were made Sir Robert Phillips reports from the comin it. Amongst the rest, there was an Order mittee appointed to examine Keeling and niade for the dismission of the Bill, by the Churchil, who informed many Corruptions consent of the counsel on both sides; which against the Lord Chancellor. my lady disliking, took Churchil the Register “ 1. In the cause betwixt Hull and Holeinto her coach, and carried him to my Lord man, Hull gave or lent my lord 1000l. since Chancellor's, and so wrought that he was willed the suit began. 2. In the cause between not to enter the last Order; so that my lady Wroth and Manwaring, there were 100 pieces was left at liberty to prosecule it in chancery, given, of which Hunt had 201. 3. Hoddy gave brought it to a hearing, and at length got a a jewel which was thought to be worth 500l. Decree.
but he biinself said it was a trifle of a hundred " Keeling being examined, saith, That near or two hundred pound price: it was presented about the time of passing this Decree, my lady to the Lord Chancellor by sir Thomas Peryn took an hundred pound (he saw it), and she and sir Henry Holmes. 4. In the cause bemade bim set down the words and style which tween Peacock and Reynell, there was much he should use in the delivery of it. Then she money given on both sides. 5. In the cause goes to York-house, and delivered it to iny of Barker and Bill, Barker said he was 8001. Lord Chancellor, as she told him. She carried out in gifts since this suit began. 6. In the it in a purse. My lord asked her, • What she cause between Smithwick and Welsh, Smith
had in her hand? She replyer, A purse of wick gave 300l. yet my lord decreed it against • my own making,' and presented it io him; hin; so he had his money again by piecewhý took it and said, Wbat lord could refuse meal.- In this and other causes, my lord would • a purse of so fair a lady's working?" decree part; and when he wanted more money
“ After this my lord made a Decree for her, he would send for more, and then decree anobut it was not perfected; but 2001. more being ther part. In most causes my lord's servants given (one Gardiner being present) bier Decree have undertaken one side or another; insomuch had life. But after the giving of the 1001. as it was usual for counsel, when their clients because she had not 200l. ready in money, one came unto them, to ask what friend they had Shute dealt with her to convey the land to my at York-house." Lord Chancellor and bis heirs, reserving an Mr. Mewtys. Touching the persons that inestate to herself for life ; but she knowing no form, I would intreat this honourable house to reason to disinherit her own children, asked consider that Kecling is a coinnon sollicitor Keeling her man what he thought of it; he (to say no more of him); Churchil a guilty (like an honest servant) was against it. Register by his own confession: I know that
“ Shute knowing this, sets upon Keeling, and fear of punishment, and hopes of lessening it, brings him to be willing my lady should do it, may make theni to say inuch, yea more than is with
power of revocation upon the payment of true. For my own part, I must say I have 2001. but that not being liked, they made a been an observer of my lord's proceedings; shift to pay 2007. in a reasonable time. Keel. I know he hath sown the good seed of justice, ing lets fall some speeches, as if he had left and I hope that it will prove that the enl'ork-house for the Corruption which was there, vious man bath sown those tares. I humbly