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goods meeting, he preferred the public, and owned, that he taking pity on Awbrey's suit, did give in a box of 100l. to the Lord Chancellor, in these terms, or the like, That it was to help Awbrey in his Cause." Notwithstanding, not long after, a very prejudicial and murdering order was made against Awbrey in his cause: whereupon sir George Hastings moved my Lord Chancellor to rectify this order. My loid promised to do it, but did it not. The Order was put into the hands of one Churchill (one of the Registers in Chancery) by a servant of the Lord Chancellor's. There are Letters of Awbrey's to the Lord Chancellor touching this business. Now for Mr. Egerton's Case: As the matter was of more weight, so the sum was of larger extent, for there was 4007. given them, and a suit then depending in the Star-Chamber; about which time sir Rowland Egerton did prefer a Petition to the king for a reference unto the Lord Chancellor: Whereupon my lord caused him to enter into a bond for 6000 marks to stand to his award. An award was afterwards made,' which was refused by Mr. Edward Egerton; thereupon a suit by the Lord Chancellor's direction was commenced against him, and the bond of 6000 marks assigned over to sir Rowland Egerton. About this time Edward Egerton became acquainted with Dr. Ficid, and related his cause unto him; who pitying him, sent him to two worthy gentlemen, Mr. Damport and sir John Butler (who is now | dead); he makes known his case to them, and desires them to be a means to put off his cause from hearing, because his witnesses were not here. Whereupon Damport wrote to the duke of Buckingham to have had his letter to the Lord Chancellor to stop it: But the duke said he would not write, because the matter was already decreed, and he would not receive it. Mr. Egerton was drawn into a bond of 10,000 marks for the payment of 6000: and Mr. Damport being asked, what he and Dr. Lield should have had of this money, he said, he did not remember what certain sum: but he said it was more than any cause could deserve in any court of justice.

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"In Awbrey's Case this is to be said. That sir George Hastings being at Hackney, where he dwelt, was sent for by the Lord Chancellor, and accordingly he came to him and found him in bed, who bid him come near him, and willed the rest to depart the room; and then said unto him, Sir George, I am sure you love me, and I know that you are not willing that any thing done by you shall reflect any dishonour upon me. I hear, that one Awbrey pretends to 'petition against me; he is a man that you *have some interest in; you may take him off if you please.'

Sir George Hastings afterwards met with Awbrey, and asked him whether he intended any such thing, and desired to see it, to shew iny Lord Chancellor: which sir George accordingly did, and desired my lord to do the poor manjustice. My lord promised to do it, and bad him bring his counsel; and they did, but |

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could have no remedy, so the Petition went on. Sir George Hastings, some time since, had conference with my Lord Chancellor; and be told him, He must lay it upon his lordship.' If you do, George,' said he, I must deny it upon my honour.' Thus you see the Relation of what hath passed.

"Now for our Proceedings in it; it is a cause of great weight, it concerns every man here: for it the fountains be muddy, what will the streams be? If the great dispenser of the king's conscience be corrupt, who can have any courage to plead before him? I will present one thing unto you, and then make a request. That which I move, is, that we present his business singly to the lords, and deliver it without exasperation; 1. Because there is but one precedent for it, in the like case for a chancellor in a cause of corruption. 2. Because the party accused is a peer of the kingdom, sitting in the higher house, whom we cannot meddle with. 3. Because we have no power to give an oath. That which I request is, that those people which have been fettered with much calamity by these courses, may by petition to his majesty, or otherwise, have their cause revived and revised.

Sir Edward Sackville. This honourable lord stands but yet suspected, and I hold not those gentlemen that have testified against him competent witnesses. 1. Because they speak to discharge themselves. 2. Because if he be guilty, they were those that tempted him. But yet, if notwithstanding you resolve to send it up to the lords, let it be presented without any prejudicial opinion, to be weighed in the balance of their lordships judgments. And if they think fit to examine these witnesses, let them."

Sir George Hastings. This adds to my grief; but this is my resolution, I had rather perish with a just sentence here, than escape with a guilty conscience.

Some moved that sir George Hastings and sir Richard Young should be sequestered from parliament till the matter was ended; but there was nothing ordered therein.

Mr. Nevill. After some reluctation within me, I am resolved to speak what my consciscience leads me unto. of my country, the honour of my king, and adI speak for the good the king the head thereof, clear as the waters vancement of justice. Justice is the fountain, of Siloah, pure as the river of Damascus : but there is a derivative justice brought unto us by channels, those are often muddy and more bitter than the waters of Marah: Such waters flow abundantly in chancery. I will not touch upon the person of him that sits in court, for he is the dispenser of the king's conscience; but because some motions are made against the testimony of those gentlemen, I will say this, I think them fit to sit here, because they are neither delinquents nor accused. My lord means to deny it upon his honour: but I would

* This seems to be the Case of Cardinal Wolsey, See 3 Co. Inst. 148. -4 Co. Inst. 9.

not have that serve his turn, for he himself hath same be related to the lords without prejumade the nobility swear in chancery. There-dice of opinion at a conference'; and that a fore I would have their lordships informed Ms-age be sent to the lords for this purpose what privileges they have lost. Next, I would on Monday next. Adjourned,' &c. have them note the luxuriant authority of that March 19. court, and how it is an inextricable labyrinth, wherein resideth such a monster as gormandizethbert Phillips, to desire a Conference touching the liberty of all subjects whatsoever. the Lord Chancellor and the bishop of Landaff, being petitioned against by Awbrey and Egerton.

A Message was sent to the lords by sir Ro

Sir Robert Phillips reports that the lords had agreed to a Conference.

Mr. Secretary Calvert brings a Message from the king, "That this parliament hath sat a long time, and Easter is near come, aud

Mr. Recorder Finch. If we shall make but a presentation of this, we do in a sort accuse him, nay judge him if the gentlemen be admitted to give testimony, before it shall condemn another it must agree with itself. First, I heard him say, he gave it as a present from himself: yet afterwards he saith, he told my Lord Chancellor he had it from Awbrey.thinks it is fit there should be a cessation for a Again, Awbrey speaks not of any delivery of money himself to my Lord Chancellor. Then again it is urged, that a discontented suitor writ letters to my lord: the letters are rejected, not hearkened unto; what doth this but free him? In the other case, if Egerton, out of a desire to congratulate hin at his coming to the seal, made my lord a present for his kindnesses and pains in former businesses, what wrong hath be done if he hath received a present? And though a suit were depending, yet who keeps a register in his heart of all causes? Nay, who can, among such a multitude? And for the 6000 marks, there is no colour to say that ever he was to have any part thereof. For taking away the privilege of the nobility in requiring an oath, he found the court possessed of it before he came there; so that we have no sufficient grounds to accuse so great a lord upon that account.-But if we shall present Articles to the lords, what do we (as I said before) but accuse him?

Sir Edward Coke. It is objected, that we have but one single witness; therefore no suificient proof. I answer, That in the 87th of Eliz. in a complaint against Soldier-Sellers, for that having warrant to take up soldiers for the wars, if they pressed a rich man's son they would discharge him for money, there was no more than singularis testis in one matter; but though they were single witnesses in several matters, yet agreeing in one and the same third person, it was held sufficient to prove a work of darkness. For in such works it is a marvel there are any witnesses.-But some object that these men are culpable; and therefore no competent witnesses. I answer, They came not to accuse, but were interrogated.If I be interrogated, I had rather speak troth than respect any man; and you will make Bribery to be unpunished, if he that carrieth the Bribe shall not be a witness. In this, one witness is sufficient; he that accuseth himself by accusing another, is more than three witnesses: and this was wrought out of them.

Ordered, That the Complaint of Awbrey and Egerton against the Lord Chancellor and the bishop for Corruption, for the 100, and 400, and the recognizance, should be drawn up by sir Robert Phillips, sir Edward Coke, Mr. Noy, and sir Dudley Diggs; and that the

time; yet the king will appoint no time, but leaves it to yourselves. But for the beginning again, he thinketh the 10th of April a fit time, but will appoint none; only he would have you take care that there be no impediment in the Subsidies.-The king also took notice of the Complaints against the Lord Chancellor, for which he was sorry, for it hath always been his care to have placed the best; but no man can prevent such accidents; but his comfort was, that the house was careful to preserve his honour. And his majesty thought not fit to have the affair hang long in suspence; therefore would not have any thing to hinder it. But for the furtherance thereof, he proposed a Commission of six of the higher house, and twelve of the lower house, to examine it úpon oath. This proposition if we liked well, he would send the like to the lords, and this he thought might be done during this Cessation; and though he hoped the Chancellor was free, yet if he should be found guilty, he doubted not but you would do him justice."

Sir Edward Coke said, We should take heed the Commission do not hinder the manner of our parliamentary proceedings.

The Answer returned to the King was, To render him thanks for the first Part of his gracious Message. And for the second, we dcsired that the like Message may be sent to the lords; for there being so great a concurrence betwixt us, we may have conference with them about it. And then adjourned, &c. March 20.

Sir Edward Giles made a motion that one

Churchil should be called in. Whereupon there was a Petition of one Montacute, Wood, &c. against the Lord Chancellor for taking 3007. of the lady Wharton, and making orders, &c. which was read. Churchil and Keeling were said to be Witnesses, and a committee was appointed to examine them.

Sir Robert Phillips reports from the Conference, that according to the commandment of this house he had delivered those Heads which were agreed on at the Conference yesterday; excusing himself if he had failed in any point. That the lords accepted it with a great deal of affection, as sensible of the wrongs done to the Commonwealth; and returned Answer by the Lord Treasurer; First, by way of Question,

Whether we would not reduce them into writ- | which he himself knew in part. Gardiner, ing. Resolved No, for no cause; this only consisting of two or three points, clear and plain; and as for the Letters and other things which the lords desired, we would acquaint the house, and doubted not but it would be yielded.

The lords further returned for Answer, That they would proceed in this matter with care, diligence and expedition.

A Message from the lords to signify, that they have taken into consideration the last Conference, and shall need the testimony of two members of this house; and therefore desire, that voluntarily, and without ordering, as private persons, they make declaration upon Oath, and the like for others if occasion were. The Answer returned was, That the gentlemen would attend voluntarily as private gentlemen, and upon private notice be examined.

Sir Robert Phillips reports from the committee appointed to examine Churchil; from which particular a general may be extracted, conducing to the discovery of Corruption in the Lord Chancellor.

"The lady Wharton having a Cause depending in chancery, many orders were made in it. Amongst the rest, there was an Order made for the dismission of the Bill, by the consent of the counsel on both sides; which my lady disliking, took Churchil the Register into her coach, and carried him to my Lord Chancellor's, and so wrought that he was willed not to enter the last Order; so that my lady was left at liberty to prosecute it in chancery, brought it to a hearing, and at length got a Decree.

"Keeling being examined, saith, That near about the time of passing this Decree, my lady took an hundred pound (he saw it), and she made bim set down the words and style which he should use in the delivery of it. Then she goes to York-house, and delivered it to my Lord Chancellor, as she told him. She carried it in a purse. My lord asked her, What she had in her hand? She replyed, A purse of 'my own making,' and presented it to him; who took it and said, 'What lord could refuse a purse of so fair a lady's working?'

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Keeling's man, confirmed the payment of the 300!. for the Decree, viz. 100l. before, and 2001. after. This purchased Decree being lately damned again by my Lord Chancellor, was the cause of this Complaint.

"Keeling saith, Sir John Trevor did present my Lord Chancellor with 100. by the hands of sir Richard Young, for a final end to this cause.'

"Sir Rd. Young answered, That when he attended my Lord Chancellor, sir John Trevor's man brought a cabinet and a letter to my Lord Chancellor, and intreated me to deliver it, which I did openly; and this was openly done, and this was all I knew of it."

Sir Edward Coke. Strange to me that this money should be thus openly deliver d, and that one Gardiner should be present at the payment of the 2001.

Ordered, That sir Robert Phillips do deliver to the lords this afternoon the bishop of Landaff and Awbrey's Letters, and all other Writings that he hath. And then adjourned, &c.

March 21.

Sir Robert Phillips reports from the committee appointed to examine Keeling and Churchil, who informed many Corruptions against the Lord Chancellor.

"1. In the cause betwixt Hull and Holeman, Hull gave or lent my lord 1000l. since the suit began. 2. In the cause between Wroth and Manwaring, there were 100 pieces given, of which Hunt had 20. 3. Hoddy gave a jewel which was thought to be worth 500l. but he himself said it was a trifle of a hundred or two hundred pound price: it was presented to the Lord Chancellor by sir Thomas Peryn and sir Henry Holmes. 4. In the cause between Peacock and Reynell, there was much money given on both sides. 5. In the cause of Barker and Bill, Barker said he was 8007. out in gifts since this suit began. 6. In the cause between Smithwick and Welsh, Smithwick gave 300l. yet my lord decreed it against hin; so he had his money again by piecemeal.-In this and other causes, my lord would decree part; and when he wanted more money he would send for more, and then decree another part. In most causes my lord's servants have undertaken one side or another; insomuch as it was usual for counsel, when their clients came unto them, to ask what friend they had at York-house."

"After this my lord made a Decree for her, but it was not perfected; but 2001. more being given (one Gardiner being present) her Decree had life. But after the giving of the 100l. because she had not 2007. ready in money, one Shute dealt with her to convey the land to my Lord Chancellor and his heirs, reserving an estate to herself for life; but she knowing no reason to disinherit her own children, asked 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.

"Shute knowing this, sets upon Keeling, and brings him to be willing my lady should do it, with power of revocation upon the payment of 2001. but that not being liked, they made a shift to pay 2007. in a reasonable time. Keeling lets fall some speeches, as if he had left York-house for the Corruption which was there,

Mr. Mewtys. Touching the persons that inform, I would intreat this honourable house to consider that Keeling is a common sollicitor

Register by his own confession: I know that fear of punishment, and hopes of lessening it, may make them to say much, yea more than is true. For my own part, I must say I have been an observer of my lord's proceedings; I know he hath sown the good seed of justice, and I hope that it will prove that the envious man hath sown those tares. I humbly

desire that these Generals may not be sent | sir George Hastings to bring the party Awbrey up to the lords, unless these men will testify them in particular.

Ordered, That a Message be sent to the lords by sir Robert Phillips, to relate the Case of the lady Wharton, and the informations of Churchil.

Sir Robert Phillips reports from the lords, That they acknowledged the great care of this house in these important businesses; return thanks for the correspondence of this house with them, and assure the like from them for ever to this house. In these and all other things they will advise, and return answer as soon as possible.—And then adjourned, &c.

PROCEEDINGS IN THE HOUSE OF LORDS. On Monday the 19th day of March 1620, in the afternoon, the Commons had a Conference with the Lords: which Conference was reported the next day by the Lord-Treasurer; That it was the desire of the commons to in form their lordships of the great Abuses of the Courts of Justice, the Information whereof was divided into these three parts. 1. The Persons accused. 2. The Matters objected against them. 3. The Proofs.

The Persons are the Lord Chancellor of England, and the now bishop of Landaff, being then no bishop, but Dr. Field. The incomparable good parts of the Lord Chancellor were highly commended, the place he holds magnified, from whence bounty, justice and mercy were to be distributed to the subjects, with which he was solely trusted; whither all great causes were drawn, and from whence no appeal lay for any injustice or wrong done, save to the parliament.

That the Lord Chancellor was accused of great Bribery and Corruption committed by him in this eminent place; whereof two cases were alledged. The one concerning Christopher Awbrey, and the other concerning Edward Egerton.

1. In the cause depending in the Chancery between the said Awbrey and sir William Bronker, Awbrey feeling some hard measure, was advised to give the Lord Chancellor 100%. the which he delivered to his counsel, sir George Hastings, and he to the Lord Chan cellor: this business proceeding slowly notwithstanding, Awbrey did write divers letters, and delivered them to the Lord Chancellor, to which he never obtained any answer from his lordship; but at last delivering another letter, his lordship answered, If he importuned him, he would lay him by the heels.-The Proofs of this Accusation are five, 1. Sir George Hastings relating it long since unto sir Charles Montague. 2. The Lord Chancellor fearing this would be complained of, desired silence of sir George Hastings. 3. Sir George Hastings' testimony thereof, which was not voluntary, but urged. 4. The Lord Chancellor desired

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3 Co. Inst. 148.

unto him, and promised redress of the wrongs done him. 5. That the Lord Chancellor said unto sir George Hastings if he should affirm the giving of this 1004. his lordship would and must deny it upon his honour.

2. The case of sir Edward Egerton is this: There being divers suits between Edward EgerEdward Egerton presented his lordship, a little ton and sir Rowland Egerton in the chancery, after he was Lord Keeper, with a bason and afterwards he delivered unto sir George Hasewer of the value of 50l. and upwards; and tings, and sir Richard Young, 400l. in gold.

Sir Rd. Young presented it to his lordship, who took it, and poised it, and said it was too much; aud returned answer, that Mr. Egerton had not only enriched him, but had laid a tye upon his lordship to do him favour in all his Just causes.

The Proofs for this are the testimony of sir George Hastings, and the testimony of Merefill a scrivener thus far, that he took up 700/. for Mr. Egerton; Mr. Egerton then telling him Lord Chancellor, and that Mr. Egerton afterthat a great part of it was to be given to the wards told him that the 400/. in gold was given

to the Lord Chancellor.

what relating to a Bishop, who was touched in this At this Conference was farther declared somebusiness upon the bye, whose function was much business depending between the Egertons being honoured, but his person touched herein. The ordered against Edward Egerton, he procured a new reference thereof from the king to the parties to be bound in 6000 marks to stand to Lord Chancellor; his lordship demanded the his lordship's award; they having entered into that bond, his lordship awarded the matter against Edward Egerton for sir Rowland Eger

ton; but Edward Egerton refusing to stand to the said award, a new Bill was exhibited in the that this bond of 6000 marks should be assigned Chancery, and thereupon his lordship ordered unto sir Rowland Egerton, and he to put the same in suit in his lordship's name.

Edward Egerton, adviseth with Randolph The bishop of Landaff, as a friend to Mr. Damport, [otherwise Davenport] and Butler (which Butler is now dead) that they would procure a stay of the decree of that award, and procure a new hearing; upon which it was agreed, that the said 6000 marks should be given for this by Edward Egerton, and shared amongst them, and amongst certain noble per

sons.

A recognizance of 10,000 marks was required from Mr. Egerton to the bishop for the performance hereof; the bishop his share of this 6,000 marks was so great, as no court of justice would allow.

To prove this they produce Letters of the bishop, naming the sum, and setting down a viz. the land in question to be decreed for Mr. course how these 6000 marks might be raised, Egerton, and out of that the money to be levied; and if this were not effected, then the bishop, in verbo sacerdotis,' promised to de

liver up this recognizance to be cancelled; the new recognizance is sealed accordingly, and Randolph Damport rides to court, and moved the Lord Admiral [duke of Buckingham,] for his lordship's letter to the Lord Chancellor herein: but his lordship denied to meddle in' a cause depending in suit.

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'would be pleased not to take any prejudice or apprehension of any number or muster of 'them, especially against a Judge, that makes two thousand Orders and Decrees in a year; not to speak of the courses that have been taken for hunting out Complaints against me; but that I may answer them according to the rules of justice severally and respectively. These requests I hope appear to your lordships no other than just; and so thinking myself happy to have so noble peers, and re

Then the said Randolph Damport assayed to get the king's letter, but failed therein also; so that the good they intended to Mr. Egerton was not effected, and yet the bishop, though required, refused to deliver up the said Recog-verend prelates to discern of my cause, and

nizance, until Mr. Egerton threatened to complain thereof unto the king.

The Lord Treasurer shewed also, that the Commons do purpose, that if any more of this

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desiring no privilege of greatness for subterfuge of guiltiness, but meaning, as I said, to declare fairly and plainly with your lordships, and to put myself upon your honours and f

March 19, 1620.'

kind happen to be complained of before them,vours, I pray God to bless your councils, and they will present the same to your lordships, your persons; and rest your lordships humwherein they shall follow the antient prece<blest servant, FRA. ST. ALBAN.' dents, which shew that great persons have been accused for the like in parliament.-They humbly desire, that forasmuch as this concerneth a person of so great eminency, it may not depend long before your lordships, that the examination of the Proofs may be expedited, and if he be found Guilty, then to be punished; if not Guilty, the now Accusers to be punished. This being reported, the Lord Admiral presented to the house a Letter written unto their lordships; the tenor whereof follows:

Lord Bacon's LETTER to the House of Lords.

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Upon which Letter, Answer was sent from the lords unto the said Lord Chancellor on the said 20th of March, viz. "That the lords received his lordship's Letter delivered unto them by the Lord Admiral: They intend to proceed in his Cause now before their lordships, accord ing to the right rules of justice; and they shall be glad, if his lordship shall clear his honour therein; to which end they pray his lordship to provide for his just Defence."

Farther COMPLAINTS against the LORD CHAN

CELLOR.

And afterwards on the 21st of March, the commons sent a Message unto the lords concerning their further Complaint against the said Lord Chancellor; which consisted of these four points, viz.

"The first in Chancery being between the lady Wharton plaintiff, and Wood and others defendants, upon cross-bills; the Lord Chancellor upon hearing wholly dismissed them, but upon entry of the Order, the cross-bill against the lady Wharton was only dismissed, and afterwards for a bribe of 3001. given by the lady Wharton to the Lord Chancellor, his lordship

My very good lords; I humbly pray your lordships all to make a favourable and true construction of my absence; it is no feigning nor fainting, but sickness both of my heart, and of my back, though joined with that comfort of mind, that persuades me, that I • am not far from heaven, whereof I feel the first fruits: and because whether I live or die, 'I would be glad to preserve my honour and fame as far as I am worthy; hearing that 'some Complaints of base Bribery are coming before your lordships, my Requests unto 'your lordships are,-First, That you will maintain me in your good opinion without prejudice, until my cause be heard.-Second-decreed the Cause further; and then hearing iy, That in regard I have sequestered my mind at this time in great part from worldly things, thinking of my Accompt and Auswer in a higher court, your lordships would give me convenient time, according to the course of other courts, to advise with my counsel, and to make my Answer; wherein nevertheless 'my counsel's part will be the least, for I shall "Secondly, In a suit between IIall plaintiff, not by the grace of God trick up an inno- and Holman defendant, Holman deferring his cency with cavillations, but plainly and inge- Answer was committed to the Fleet, where he < nuously, as your lordships know my manner lay twenty weeks; and petitioning to be deli6 is, declare what I know or remember.- vered, was answered by some about the Lord Thirdly, That according to the course of jus- Chancellor, the Bill shall be decreed against tice, I may be allowed to except to the Wit him pro confesso, unless he would enter into 'nesses brought against me, and to move 2,000/, bond to stand to the Lord Chancellor's questions to your lordships for their cross Order; which he refusing, his liberty cost him Examination, and likewise to produce my one way or other 1,000/. Holman being freed own witnesses for discovery of the truth.- out of the Fleet, Hall petitioned to the Lord And lastly, That if there come any more Pe-Chancellor, and Holman finding his cause to titions of like nature, that your lordships go hard with him on his side, complained to

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that Wood and the other defendants complained thereof to the house of commons, his lordship sent for them, and damned that Decree as unduly gotten: and when the lady Wharton began to complain thereof, his lordship sent for her also, and promised her redress; saying, the Decree is not yet entered.

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