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I concur and pronounce the same against Wraynham in all things. And this right I would have done to the Lord-Chancellor living, the Lord-Chancellor and Master of the Rolls that are dead, that those things be fitly expressed to their honours, in the drawing up of the decree. Sir Thomas Lake, Principal Secretary. My Lords, If I had been the first that had spoken in this case, I should have thought it the greatest difficulty how to walk evenly between the not discouraging the king's subjects, and in judging the prisoner at the bar. But for that, my lords before me have so well spoken, that no man may be discouraged to come to his majesty in a discreet manner: And very good learning hath been delivered by all my lords the judges, such as may satisfy every man; yea, and not satisfy only, but direct them what to do in such cases: therefore I may be the shorter.-I will not be long in speaking of the honour due unto magistrates; he that wades into that, shall have little of his own invention; nor of the offence that is now before us; for the king's counsel hath so fully and perfectly delivered it, that perhaps by this time, he knows his own error. And my lords the Judges have made it appear so, whereby I think it as great an offence, as ever was in this nature; and much more deserveth punishment, because it is against a man no less eminent in virtue, than in place. Three things the prisoner urgeth for hunself. First, for the word Injustice, he saith, That admitting the thing were unjust, then he might call it unjust.' But I answer, for a private man to coll a public sentence, Injustice, herein he sheweth his error. Secondly, He urgeth, that it causeth a great loss unto him, and therefore he would be the rather excused.—It is true, I think, that men, by sentence, have lost, for Judicium redditur in invitum: but though it be a loss, it is Damnuri absque injuria.' Thirdly, He went the wiser way, when he urgeth commiseration unto us. For my own part, I could commiserate the man, but I commiserate the Commonwealth much more; for if this should be suffered, tumults, and a multitude of other inconveniencies, would arise. And therefore I judge him as the rest have done before me.

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Sir Henry Cary, Comptroller. My lords before we have spoken so much, that I shall not need to speak, neither do I make any scruple of the said sentence. When I consider how foully this man hath behaved himself, in scandal and invectives against so high a magistrate, I must concur with the rest of the lords that have gone before me.

Bishop of Ely, (Dr. Launcelot Andrews.) Though the ground of the complaint had been just, yet I believe my lords the judges, that the complaint being in so foul a manner, against so great a person, in so high a place, deserves sharp punishment: and therefore I agree with the former sentence.

Bishop of London, (Dr. John King.) I shall borrow a phrase of him, though spoke to another purpose: That in a senate, where many 'assistants were, after two or three have well

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spoken, and well agitated a cause, there is required nothing of the rest, but their assent,' It is a worthy saying, but when I find here before me an honourable person foully and despightfully spoke against, being one of the three vital parts of this court, and without which it cannot have its subsistence; and of the three vital parts, the principal, and also a judge of another court; and (as I learned of my lords the Judges) of such a temporal court, where if the edge of the law be too keen, the equity of the Chancery doth abate it :--In regard of this duty, it becometh me to speak, and because the party wronged is a great counsellor and officer of the state:

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The first thing I say and lay hold of, is this, interest reipublicæ, it stands not with the honour of the king, with the safety and peace of the kingdom, nor with the quiet of his majesty, that counsellors of state, and judges in the seat of justice and conscience, should be depraved, 'anima et vita regnorum authoritas,' take it away from the magistrate of state, take it away from the king himself, et subversa jacet pristina sedes soliorum.' For the place wherein this honourable person sits, is great between blood and blood, plea and plea, plague and plague, for the Judge shall end the controversy. -So that the first lesson which I shall make, is that which Cambyses made to another, ' me'mento ex quo loco,' they sit in God's seat, and execute his, and not their own judgments: it is their art, their faculty, their profession, their learning to judge, and it is not open to every man, but it is peregrina et unusquisque in arte sua artifex ;' and therefore, for mine own part, I shall ever bend the best of my thoughts, the favourablest of my wishes, and the most of my prayers, that sitting in seats as they do, they may judge as they ought. I know, that while they carry flesh about them, their faculties and judgments will be unperfect; they are but men, et scientia juris infinita:' so that I know not (amongst the number of mortal wights) that man that can conceive every particularity of the law.

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No marvel then, if one Judge differ from another, when the same man differs from himself; Socrates puer differt a Socrate sene.' And though the Judges walk not in the same way, they tend to the same end;, and though there be not idem cursus, yet there is the same, 'idem portus, et non mutant, sed aptant legem,' according as the matter comes before them is varied, shaped, and fashioned.

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It is unreasonable then to complain of a Judge, or unusual to go to the king with complaints; nay, it must be done with calamo et atramento temperato;' and it must be done, libello supplici, non famoso,' not as a sycophant and slanderer, but as a supplicant with a petition; not with a petulant invective declaration against a person of so great and honourable a place. This is a fact so unnatural, and unlawful, that all laws are broke both of God and nations, and civility, and good manners, and all: nay, I know not how the laws of speech

to be as worthy men as any in my time, and yet I have lived a long age; and God forbid their consciences should be led by private men's humours.-I say no more, but let every man that hears us this day, take heed, that their humours lead them not into these outrageous courses, but carry themselves with modesty. I shall not need to enlarge, but consent with my lords before me.

Pembroke, Lord Chamberlain. No man's mouth is so stopped, but in case of grief he may seek redress. I think there is little scruple, that either the Master of the Rolls that is dead, or this Lord Chancellor that is living, did proceed without justice; because it is but an order against an order, a thing very frequent and usual in this, and in all other arbitrary courts. For the sentence, I agree with the court, being sorry, since his last submission was humble, that before he hath abused this good part, and used his wit to his own confu

are kept, they are but three, quid, de quo, cui- | I do clear my Lord Chancellor dead, and alive, que, the matter foul, spoken of so honourable a person, and to so transcendant a magistrate. Wraynham is a man, that did not only curse in the bitterness of his soul, but he comes in amaritudine linguæ et chartæ.' It is not it, God gives not blessing to these histrices and porcupine quills: it shoots far, it enters deep, it wounds sore, it is not to be tolerated! Let him keep his poison in his surmatico and invecuve Book. Wherein, let me add for my Earl of Arundel. I shall not need to use last, the mauner of presenting it, the writing it- many words for the matter; in brief, Wraynself; and then withal the defence now made, ham hath forgot himself fully against a great which, when I heard it, I was more offended and high instrument of justice, renewing comthan with the Book itself; and I may justly plaints upon complaints; after the king had make a question, whether he were more foolish told him in my hearing, that the Lord Chauin writing it, or more vain in defending it? His cellor had done justly, as he himself would have defence is a two-fold necessity: first, a neces- done; and therefore I think him very much to sity to induce the king to hear him; like Absa- blame, and well deserving the censure given. lom, that would needs set Tobias's fields on And the use is, as you see by him, for malicious fire, to get his ear. The other, a necessity of men not to suck honey, but venom and poison estate, proceeding out of the laws of necessity; out of the wholesome flowers; as his presumpGravissimi sunt morsus irritatæ necessitatis.tion is to be hated, so his humiliation and subOne part of speech was general; in that he mission is to be pitied; yet I agree with my meant not my Lord Chancellor: but in the ge- lords in all things. neral there is a major, and in the particular there is the application; and then every man can make the conclusion, as hath been well observed by sir Edward Coke.—You are a man of a private and profane spirit, and if you know not of what spirit you are, I can teach you; 1 say, of that spirit, that you compare yourself with apostles and prophets, and you misapply scripture; your dixi in excessu et trepidatione,' sheweth a difference between sinning upon passion, and deliberation. It comes fully home into your own bosom, et pulchrum patet guttur in ore.' The best part of this answer, was the last, and I would it had been all in all; and so I agree with the Sentence given before me. Viscount Wallingford. I am sorry a man should deserve so great a censure as this man's foul fault will make; yet I am very glad in this bold and quick-sighted age, that other men, by his example, may take heed not to exceed the bounds of modesty. This humour, it seemeth self-love (which believes nothing but itself) hath begot that, that hath bred this gentleman up so Worcester, Lord Privy-Seal. My lords, I unmannerly, that he spares not to accuse the am of opinion, as formerly my lords have been; highest and greatest judge of the kingdom, of I do hold this a very scandalous libel, being oppression, injustice, murder, nay, of any thing; against a person of such worth; the greater which is not only spoken by so ill a tongue, but the person is, the more severe should the punaggravated by his answer.--For it seems, he ishment be for the offender: and so I concur would encourage other men by the king's Book in opinion with my lords before me, and do to do the like, wherein we may see the malice think this offence to have exceeded his panishof this man, that will get poison from the fairest ment; and therefore if a great fine had been flower; yet every subject may take comfort inlaid upon him, I should have agreed unto it. bis majesty's Book, and God forbid, that he which is wronged, should be restrained to complain, to his sovereign; yet, this complaint is no petition, but a very libel, and deserves no better name.-The king's will is, that you should be bold, and that you should come to him; but yet you must be sure that your cause must be Just and right. This is a good and gracious speech of a king; but it is pity Mr. Wraynham alledges scripture to maintain an ill cause: and

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Duke of Lenor. I am sorry that Wraynham hath not the grace of God to make use of his majesty's Book, which is not to complain without just cause; and without be could make proof of his complaint. I will not repeat the worth of my Lord Chancellor living, or dead : but I am sorry that a man of so great parts should deserve so heavy a sentence; whereunto in all things I agree.

Abbot, Lord Archbishop of Canterbury. The Lord, the Fountain of Wisdom, hath set this glorious work of the world in the order and beauty wherein it stands, and hath appointed princes, magistrates, and judges to hear the causes of the people, not so much out of authority, as out of justice and reason: for if no such persons were to hear and determine other men's causes, every man must be his own judge, which would tend to nothing but ruin

receive severe punishment; for it is his cause to-day, and it may be ours every day: and have not some, for justice sake, been enforced to endure the threatening of their heads? Wherefore, if greater punishment had been given him, I should have assented; for justice belongeth to us, but mercy to our gracions sovereign. Wherefore I agree in all things with the sentence before given.

and preposterous confusion: God therefore, in his wisdom, ordered and ordained their bounds, in the magistrate on the one side with instruction, and the subject on the other side with protection; which instruction when he shewed them, the king's throne is upheld by justice: and David was commanded to rule his people with justice and judgment; and the like commandment is given to others in subordinate places, not to pity the person of the poor, nor Suffolk, Lord Treasurer. I perceive, as the to stand in awe of the face of the mightiest, prisoner at the bar was charged at first, that he but to weigh the simplicity and integrity of had foully offended, and ought to have yielded conscience. For mark the example of the himself at the first, and not to have made his most holy and reverend judges, Moses, Samuel, offence greater, by defending a bad cause. My and the rest, to whom their greatest comfort lords who have heard his fault in part laid out, was, that they could say, 'Whose ox or ass and censured him, I think they have done very have I taken? From whom have I received a worthily. For the party himself, I would I reward? And by the course of piety and di- could come to him with a little better charity vinity, we that sit sometimes to judge others, than I can, for his answer did more displease are at another time to stand at an higher bar, me, than his censure; for I see his spleen and to receive judgment from heaven.-With_the | his humour grows, rather to defame a worthy great grace, and benefit of protection, God man, than to free himself, how unjustly, I ap calls them by his own name, God's children of peal to the whole world; who came to his the highest; God being present amongst them place with as much satisfaction to all hearts, to direct them, and defend them; God stand- and applause, with as good carriage as any man eth in the congregation of princes, he is I ever heard came before him.-The thing that amongst all the people: thou shalt not detract I would conclude with, is, that I would be glad nor slander the judge, nor speak evil of the that all that hear us might take us aright that princes of the people. And in two several are judges; we desire not to be forborn by epistles, both in Peter and in Jude, it is said, any subject's tongue, that hath cause to comThat in the latter days there shall be wicked plain: and therefore do it not for any particu men, that shall speak evil of magistrates, and lar respect to ourselves, but for the public men of authority, blaspheming them; as if it course of justice, and for the care we have of were blasphemy, though not against God, yet the public good, and for nothing else.-For the against those that are the image of so great a fault itself, it hath been so well opened by all God. And therefore, since Wraynham hath the lords, that I will spare to hold you longer blasphemed, spoken evil, and slandered a chief in speaking of it. And for the sentence, I magistrate as any in the kingdom; it remain-think it very fit and just: and therefore agree eth, that in honour to God, and in duty and with the rest. justice to the king and kingdom, that he should

114. The Case of WILLIAMS, of Essex, for Treason: B. R. Easter, 17 JAMES I. A. D. 1619. [2 Rolle's Reports, p. 88.]

WILLIAMS, a Papist and barrister of the desolation mentioned in Daniel, [In king Middle Temple, but expelled seven years ago James's translation, the phrase in Daniel is, for his religion, was indicted for High Treason" the abomination that maketh desolate;" See for the writing of two books, one called "Ba- chap. 11, v. 31. ch. 12, v. 11, yet it is quoted, laam's Ass," and the other was called “Specu- | in the same translation of the New Testament, lum Rogali," in which he took upon himself from Daniel in the words "abomination of the office of a prophet, and affirms that the desolation.” See Matthew ch. 24, v. 15. king which now is, will die in the year of our Mark ch. 13, v. 14.] and that it is full fraught Lord 1621, which opinion was grounded upon with desolation, and that it is a habitation of the prophecy of Daniel, where that prophet devils, and the Autimark of Christ's Church; speaks of a time and times and half a time, and upon these and many other such opinions [Dan, ch. 7, v. 25. ch. 12, v. 7.] and then An-contained in his book, all the court clearly tichrist shall be revealed until the end of the world, viz. five years and a half before the end of the world, which contradicts the popish opimon of Williams; and Williams holds that the time in which Antichrist shall be revealed, is the time in which sin shall be at the highest, and then the end is nigh, but such is our time, sin is now at the highest, ergo, &c. And he also says, that this land is the abomination of

agreed that he was Guilty of High Treason, and this by the common law, for these words import the end and destruction of the king and his realm, and that Antichristianism and false religion is here maintained, which is a motive to the people to commit treasons, rebellions, &c. for, by Mountague, treason is defined to be crimen læsæ majestatis, and how can the king be more hurt than by the branching and

buzzing of such opinions in the ears and hearts of the people, being his subjects, and Glanvil defines treason to be, viz. qui aliquid machinantir in necem regis, see 25 E. 3.—But Williams for himself objects, that what he did and wrote, was not out of any malicious or disloyal heart cowards the king, but proceeded out of his love, and that he intended this as a caveat and admonition, whereby the king should avoid these mischiefs which were very like for to happen to him, which appears many times in his book, as he says, for when he has declared the judgment and destruction, &c. he concludes the sentence thus, viz. (which God avert) or such like words. 2. This matter rests only in opinion and thought, and it was not carried to any overt act in execution, for no rebellion, treason, or other mischief ensued upon it. 3. He inclosed his Book in a box sealed up, and so secretly conveyed it to the king, and never published it. As to the first objection, the court answer, that no respect shall be paid to the good intention of a man, when his words and actions appear to the contrary, and when a man had talked treason in the previous part of a sentence, he cannot qualify it by God save the king. As to the second objection, howbeit rebellion, treason, &c. did not ensue upon it, yet Doddridge said that the rule is in atrocioribus delictis, punitur affectus, licet non sequatur effectus; for if an attempt be made to imprison the king, albeit his death is not intended, still this is high treason, for it is the means by which his death may ensue, and this was the case as Mountague said of king E. 2. *

As to this, see Luders on the Law of High Treason, in the article of levying war, 77;

and he cited sir Nicholas Throgmorton's Case in Dyer, where was only a conference concerning the death of the queen, and it did not take effect, and still it was resolved to be high treason, and it cannot be said in this case that this matter rests in thought, since it is reduced to writing, for scribere est agere, † and if words can amount to treason, (as clearly they may) à fortiori when they are reduced to writing, and although they were never spoken, still it now appears that his intent was treasonable; and therefore, as to the third objection, it was clearly agreed that although this Book was inclosed in a box sealed or in his study, still because by this act his intent appears, therefore it is high treason, and Yelverton, the king's Attorney, said, that at common law there be four manners of treasons, 1. Rebellion. 2. To deny the king's title and power, temporal or spiritual. 3. To advance and maintain superior power to the king. 4. In bearing his subjects in hand that the king's government is erroneons, heretical, and unjust, whereby the manner of his government is impeached, and called in question; which Doddridge affirmed, and said that these are undeniable maxims.

and Mr. St. John's Argument in lord Strafford's case, (infra) as there quoted.

*There is a very short note of the point in Dyer's Rep. 98. b. pl. 56. The case at large is inserted in this Collection, vol. 1, p. 869.

+ Concerning words and writings as overt acts of treason, see East's Pleas of the Crown, ch. 2, s. 55, 56, and the cases and other authorities there referred to. In this Collection see the cases of Algernon Sidney, A. D. 1683. Sir John Fenwick, A. D. 1696.

115. Proceedings in Parliament against FRANCIS BACON Lord Verulam, 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. [1 Commons Journals, 554. 3 Lords' Journals, 53. 1 Cobb. Parl. Hist. 1208.]

PROCEEDINGS IN THE HOUSE OF COMMONS.

March 15, 1620.

so endued with all parts, both of nature and art, as that I will say no more of him; being not able to say enough. 2. The Matter alSIR Robert Phillips reports from the Com-ledged, is Corruption. 3. The Persons by mittee appointed to enquire into Abuses in the Courts of Justice, viz.

"I am commanded from the said Committee to render an account of some Abuses in the Courts of Justice, which have been presented unto us. In that which I shall deliver, are, three parts. First, The Person against whom it is alledged. Secondly, The Matter alledged. Thirdly, The Opinion of the Committee.

1. The Person against whom it is alledged, is no less than the Lord Chancellor, Francis lord Verulam, viscount St. Albans,] a man

whom this is presented to us, are two, viz Awbrey and Egerton. Awbrey's Petition saith, that he having a Cause depending before the Lord Chancellor, and being tired by delays, was advised by some that are near my lord, to quicken the way by more than ordinarymeaus, viz. by presenting my lord with 100%. The poor gentleman not able by any means to come to his wished-for port, struck sail at this, and made a shit to get an 1007. from the usurer; and having got it, went with sir George Hastings and Mr. Jenkins to Grays-Inn; and

being come to my lord's house, they took the money of him, and carried it in to my lord Chancellor, and came out to him again, saying, my lord was thankful, and assured him of good success in his business. Sir George Hastings acknowledgeth the giving of advice, and carrying in of the money to my lord, and saith be presented it to my lord as from himself, and not from Awbrey.

"This is all confirmed by divers Letters, but it wrought not the effect which the gentlemen expected; for notwithstanding this, he was still delayed. Egerton sheweth, that he desiring to procure my lord's favour, was persuaded by sir George Hastings and sir Richard Young, to present my lord with a sum of money. Before this advice, he had given a present of 521. and odd shillings in plate, as a testimony of his love; but is doubtful whether before his calling to the seal, or since: but now by mortgaging his estate he got up 400l. and sends for sir George Hastings and sir Richard Young, desires their assistance in presenting this money, and told them how much it was. They took it and carried it to my Lord Chancellor as a gratuity from the gentleman; for that my lord (when he was Attorney) stood by him. My lord (as they say) started at first, saying it was too much, he would not take it; but at length was persuaded, because it was for favours past, and took it, and the gentleman returned him thanks; saying that their lord said, that he did not only enrich him, but laid a tie on him to assist him in all just and lawful business. Sir George Hastings, and sir Richard Young, acknowledged the receiving and delivery of the purse; but said they knew not what was in it. Then a question was proposed, Whether there were any suit depending during those offerings, either in the Chancery or the Star-chamber; but there was no certain Evidence of it. Thus you see Corruption laid to the charge of a Judge too, a great judge; nay, to the great keeper of the king's conscience.

Another point came in by-the-bye, shewing that some indirect means are sometimes open (I fear too often) to the courts of justice, "It concerns no less a man than a divine. who is now a bishop, but then called Dr.

*He was made bishop of Landaff 1619. His share in this transaction does not seem to have impeded his preferment. He was translated to St. David's 1627, and to Hereford 1635. He died 1636. Some of Howell's letters are addressed to him. The fact is, corruption was, as Bacon himself stiles it in his Submission of April 22, 1621, vitium temporis: all the contemporary writers prove this. See also Luders's Considerations on the Law of High Treason in the article of Levying War, cap. iv." Mr. Luders indeed says, "Bacon was conscious that he did justice better and with more expedition than his contemporaries: it is remarkable that he was not accused of selling injustice. The sale of justice would have been sufficiently bad (nulli vendemus justitiam,' Magna Charta

YOL. II,

Field, Mr. Egerton and he being acquainted, and Mr. Egerton's mind being troubled with the ill success of his business, vented it to the divine, who (contrary to his profession) took upon him to broke for him, in such a manner as was never precedented by any. He made Egerton to acknowledge a recognizance of 10,000 marks, with a defeazance, that if my Lord Chancellor did decree it for him, 6,000 marks was to be distributed among those honourable persons that did solicit it for him: but if it did not go as they desired, he promised, in verbo sacerdotis, that he would deliver up the bonds.

"This appeared by Letters from the now reverend bishop, but then practical doctor. Mr. Johnson (a moral honest man) perceiving that Mr. Egerton, finding no relief, did intend to prefer a Petition against the Lord Chancellor by one Heales's means, took occasion to talk with Mr. Egerton; asking him, why he would prefer such a scandalous Petition against my lord; he would have him take the money out of the Petition, and then his cause, by the mediation and conference of some other judge with my lord, might be brought to a good end; and for money, if he had lent any, he might be satisfied again.

"Afterwards upon a Petition to the king by sir Rowland Egerton, there was a reference of this matter to the Lord Chancllor, and Mr. Edward Egerton entered into a bond for ten thousand marks. He had treated with one Dr. Sharp, that if he would give 11007. he should have his desire. We sent for Sharp, but he denied that he ever contracted with him. The desire of the committee was, to reform that which was amiss; and they thought fit to give as much expedition as might be, because so great a man's honour is soiled with it, and therefore do think meet that farther inquisition be made this afternoon, and when the truth of the matter is found, then to be sent to the lords. Thus I have faithfully related what hath passed, and with as much duty and respect, as I might to my Lord Chancellor; I desire it to be carried out of the house with a favourable construction."

Ordered, That this matter be further considered by the committee this afternoon. Then the house adjourned.

March 17. Sir Robert Phillips made Report from the Committee of the Abuses in the Courts of Justice, viz.

"We met on Thursday in the afternoon; the principal thing wherein I desired to be satisfied was, whether at the time of giving those Gifts to the Lord Chancellor there were any suit depending before him. In Awbrey's Case it appeared plainly there was: Something accidentally fell out in this Examination, and that is, a Declaration of sir George Hastings, who hath been struggling with himself betwixt gratitude and honesty; but public and private

cap. 49,) but I fear it is impossible to confine Bacon's guilt within that limit.”

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