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are Judges unto God, and his lieutenant; I the Reformation of Justice; for the questiondo understand there hath been heretofore ex-ing men of eminent place hath the same terror, pected from me some Justification, and therefore I have chosen one only Justification instead of all other, one of the justifications of Job: for after the clear Submission and Confession, which I shall now make unto your lordships, I hope I may say and justify with 'Job in these words, I have not hid my sin, as did Adam, nor concealed my faults in my bosom;' (Job, c. 31. verse 33.) This is the only Justification, which I will use: it resteth therefore, that without fig-leaves I do ingenu⚫ously confess and acknowledge, that having ⚫ understood the particulars of the Charge, not formally from the house, but enough to inform my conscience and memory, I find matter sufficient and full both to move me to desert the Defence, and to move your lordships to condemn and censure me.-Neither will I trouble your lordships by singling those Particulars, which I think may easiest be answered, Quid te exempta juvat spinis de pluribus una? Neither will I prompt your lordships to observe upon the Proofs, where they come not home, or the scruples touching the credit of the Witnesses; neither will I represent to your lordships how far a Defence might in divers things extenuate the offence in respect of the time or manner of the Gift, or the like cir'cumstances; but only leave those things to spring out of your own noble thoughts and observations of the Evidence and Examinations themselves, and charitably to wind about the particulars of the Charge here and there, as God shall put you in mind, and so submit myself wholly to your pity and grace.-And now that I have spoken to your lordships as Judges, I shall say a few words to you as Peers and Prelates, humbly commending my cause to your noble minds and magnanimous affections. -Your lordships are no simple Judges, but 'parliamentary Judges; you have a farther extent of arbitrary power, than other Judges; and if your lordships be not tied by the ordinary course of courts or precedents in points of strictness and severity, much less are you in points of mercy and mitigation. And yet if any thing which I shall move, might be contrary to your honourable and worthy end to introduce a reformation, I should not seek it; but herein I beseech you give me leave to tell your lordships a Story. Titus Manlius took his son's life for giving battle against the pro-be hibition of his general: not many years after the like severity was pursued by Papirius Cursor the Dictator against Quintus Maximus; who, being upon the point to be sentenced, by the intercession of some principal persons of the senate, was spared; whereupon Livy 'makes this grave and gracious observation: Neque minus firmata est disciplina militaris periculo Quinti Maximi, quam miserabili supplicio Titi Manlii.' The discipline of war was no less established by the questioning of Quintus Maximus, than by the punishing of 'Titus Manlius.' And the same reason is of

though not the same rigour, with the punishment.-But my Case stayeth not there; for my humble desire is, that his majesty would 'take the Seal into his hands, which is a great downfal, and may serve, I hope, in itself for an expiation of my faults.-Therefore if mercy and mitigation be in your powers, and do no way cross your noble ends, why should I not hope of your lordships favours and commisera'tion? Your lordships will be pleased to ben id your chief pattern, the king our sovereign, of most incomparable clemency, and whose heart 'is inscrutable for wisdom and goodness: your lordships will remember that there sat not 'these 200 years before a Prince in your house, ' and never such a prince, whose presence de'serves to be made memorable by records and ' acts mixt of mercy and justice. Yourselves, ' either nobles (and compassion ever beats in the veins of noble blood) or reverend prelates, who are the servants of him that would not break the bruised reed, nor quench the smoaking flax; you all sit upon an high stage, and 'therefore cannot but be more sensible of the 'changes of the world, and of the fall of any of high place. Neither will your lordships forget, 'that there are vitia temporis as well as vitia hominis; and that the beginning of reformations hath the contrary power of the Pool of 'Bethesda; for that had strength to cure only him that is first cast in, and this hath strength to hurt him only that is first cast in and for 'my part, I wish it may stay there, and go no further. Lastly, I assure myself your lordships have a noble feeling of me as a member of your own body; and one thing there was, that in this very session had some taste of your loving affections, which I hope was not a lightning before death, but rather a spark of 'that grace, which now in conclusion will more appear. And therefore my humble suit unto your lordships is, that my penitent Submission may be my Sentence, and the loss of the Seal my Punishment, and that your lordships will spare my farther Sentence: But recommend me to his majesty's grace and pardon for all 'that is past. God's holy spirit be among you! Your lordships humble servant and supplicant, FRAN. ST. ALBANS, Canc.'

The judicial corruption of those times may inferred from my lord Bacon's address to Serjeant Hutton upon becoming a judge of the Common Pleas, wherein Bacon particularly cautions the new judge to beware of corruption : "That your hands and the hands of your hands (I mean those about you) be clean and uncorrupt from gifts, from meddling in titles, and from serving of turns, be they great ones, or small ones." See Luders's chapter "on the station and character of the Judges in the sixteenth and seventeenth centuries." Mr. Barrington, in his Observations on Magna Charta, has collected some particulars of Judicial Corruption in different periods.

the Cause between sir Rowland Egerton and Edward Egerton, the Lord Chancellor received 3004. on the part of sir Rowland Egerton, before he had decreed the Cause:"

The Lords having considered of this Submission, and heard the Collections of Corruptions charged upon the said Lord Chancellor, and the Proofs thereof read, they sent a Copy of the same without the Proofs unto the Lord-I do confess and declare, that upon a refeChancellor by Mr. Baron Denham, and Mr. Attorney General, (sir Thomas Coventry) with this Message from their lordships, viz. "That the Lord Chancellor's Confession is not fully set down by his lordship in the said Submission, for three causes. 1. His lordship confesseth not any particular Bribe or Corruption. 2. Nor sheweth how his lordship heard the Charge thereof. 3. The Confession, such as it is, is afterwards extenuated in the same Submission. And therefore the Lords have sent him a particular of the Charge, and do expect his Answer to the same with all convenient expedition."

Unto which Message the Lord Chancellor answered, That he would return the Lords an Answer with speed. And on the 25th of April, the Lords considered of the Lord Chancellor's said Answer sent unto their Message yesterday, and sent a second Message unto his lordship to this effect, by the said Mr. Baron Denham, and Mr. Attorney General, viz. "The Lords having received a doubtful Answer unto the Message their Lordships sent him yesterday, therefore they now send to him again to know of his lordship directly, and presently, whether his lordship will make his Confession, or stand upon his Defence."

rence from his majesty of all suits and controversies between sir Rowland Egerton and Edward Egerton, both parties submitted themselves to my Award by recognizances reciprocal in 10,000 marks a-piece. Thereupon, after divers hearings, I made my Award, with the advice and consent of my lord Hobart. The Award was perfected and published to the parties, which was in February. Then some days after, the 300l. mentioned in the Charge, were delivered unto me. Afterwards Mr. Edward Egerton flew off from the Award. Then in Midsummer Term following a suit was begun in Chancery by sir Rowland, to have the Award confirmed: and upon that suit was the Decree made, mentioned in the Article.

The second Article of the Charge, viz. 'In the same Cause he received from Edward Egerton 400l.:-I confess and declare, that soon after my first coming to the Seal, being a time when I was presented by many, the 4007. mentioned in the said Charge, was delivered unto me in a purse, and as I now call to mind, from Mr. Edward Egerton; but, as far as i can remember, it was expressed by them that brought it, to be for favours past, and not in respect of favours to come.

Answer returned by the said Messengers, The third Article of the Charge, viz. ' In the viz. "The Lord Chancellor will make no man- 'Cause between Hody and Hody, he received ner of Defence to the Charge, but meaneth to a dozen of buttons of the value of 50l. about acknowledge Corruption, and to make a parti- a fortnight after the Cause was ended:-Iconcular Confession to every point, and after that fess and declare, that as it is laid in the Charge an humble Submission; but humbly craves li- about a fortnight after the Cause was ended, it berty, that where the Charge is more full than being a suit for a great inheritance, there were he finds the truth of the fact, he may make De-gold buttons, about the value of 501. as is menclaration of the truth in such particulars, the Charge being brief, and containing not all circumstances."

tioned in the Charge, presented unto me, as I remember, by sir Thomas Perrot, and the party bimself.

To the fourth Article of the Charge, viz. ' In a Cause between the lady Wharton and the coheirs of sir Francis Willoughby, he received of the lady Wharton 310l.:-I confess and declare, that I did receive of the lady Wharton, at two several times, as I remember, in gold 2007, and 100 pieces, and this was certainly pendente lite: But yet I have a vehement suspicion, that there was some shuffling between Mr. Shute and the Register, in entering some orders, which afterwards I did distaste.

To the fifth Article of the Charge, viz. ' In 'sir Thomas Monk's Cause, he received from Sir Thomas Monk, by the hands of sir Henry 'Holmes, 1107. but this was three quarters of a year after the suit was ended:'-I confess it to be true that I received 100 pieces, but it was long after the suit ended, as is contained in the Charge.

In

To the sixth Article of the Charge, viz. the Cause between sir John Trevor and Ascue, he received on the part of sir John Trevor '100/.:'-I confess and declare, that I received at New-Year's-Tide 100l. from sir John Tre

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understood the nature of it, I ordered him to repay, and to defalk it out of his accompts.

To the sixteenth Article of the Charge, viz. In the Cause between sir William Bronker and Awbrey, the Lord Chancellor received from "Awbrey 100%.':—I do confess and declare, that the money was given and received; but the manner of it I leave to the witnesses.

To the seventeenth Article of the Charge, viz. In the lord Montague's cause he received 'from the lord Montague 6 or 700/. and more was to be paid at the ending of the cause:'I confess and declare, there was money given, and as I remember, to Mr. Bevis Thelwall, to the sum mentioned in the article, after the cause was decreed; but I cannot say it was ended, for there have been many orders since caused by sir Francis Inglefield's contempts: and I do remember, that when Thelwall brought the money, he said, that my lord would be yet farther thankful if he could once get his quiet. To which speech I gave little regard.

To the twenty-second Article of the Charge, viz. In the Cause of sir Henry Ruswell he received money from Ruswell, but it is not ' certain how much :' I confess and declare, that I received money from my servant Hunt, as from Mr. Ruswell, in a purse: And whereas the sum in the Article is indefinite, I confess it to be 3 or 400l. and it was about a month after the cause was decreed: in which decree I was assisted by two of the judges.

To the twenty-third Article of the Charge, viz. In the cause of Mr. Barker, the Lord Chancellor received from Barker 700l.' I confess and declare, that the sum mentioned in the Article was received from Mr. Barker some time after the decree passed.

To the 24th, 25th, and 26th Articles of the Charge, viz. the 24th; There being a referTo the eighteenth Article of the Charge, viz.ence from his majesty to his lordship of a In the Cause of Mr. Dunch, he received from • Mr. Dunch 2001.':-I confess and declare, that it was delivered by Mr. Thelwall to Hatcher my servant, for me, as I think some time after' the Decree; but I cannot precisely inform myself of the time.

business between the grocers and the apothecaries, the Lord Chancellor received of the grocers 2001.' The 25th Article; In the same cause he received of the apothecaries, that stood with the grocers, a taster of gold, worth between 4 or 500l. and a present of ambergrease.' And the 26th Article; He received of a new company of apothecaries,

To the nineteenth Article of the Charge, viz. In the Cause between Reynell and Peacock, he received from Reynell 2007. and a din-that stood against the grocers, 100l.' To ⚫ mond-ring worth 5 or 600l.':-I confess and declare, that at my first coming to the seal, when I was at Whitehall, my servant Hunt delivered me 2001. from sir George Reynell, my near ally, to be bestowed upon furniture of my house; adding farther, that he had received divers former favours from me: And this was, as I verily think, before any suit began. The ring was received certainly pendente lite: and though it were at New-Years' tide, it was too great a value for a new year's gift, though, as I take it, nothing near the value mentioned in the Article.

these I confess and declare, That the several sums from the three parties were received: and for that it was no judicial business, but a concord of composition between the parties, and that as I thought all had received good, and they were all three common purses, I thought it the less matter to receive that which they voluntarily presented; for if I had taken it in the nature of a corrupt bribe, I knew it could not be concealed, because it needs must be put to account to the three several Companies.

and by imprisonment of their persons, to buy 'wines, whereof they had no need nor use, at

To the twenty-seventh Article of the Charge, viz. He took of the French merchants 1000l. To the twentieth Article of the Charge, viz. to constrain the Vintners of London to take 'That he took of Peacocke 100l. without in- 'from them 1500 tuns of wine: To accomplish terest, security, or time of payment:' I con- 'which he used very indirect means, by colour fess and declare, that I received of Mr. Pea- of his office and authority, without bill or suit cocke 100l. at Dorset-house, at my first com-depending, terrifying the Vintners by threats, ing to the seal, as a present; at which time no suit was begun and at the summer after I sent my then servant Lister to Mr. Rolfe, my good friend and neighbour, at St. Albans, to use his means with Mr. Peacocke (who was accounted a monied man) for the borrowing of 500l. and after by my servant Hatcher, for borrowing of 500 more; which Mr. Rolfe procured, and told me at both times it should be without interest, script, or note, and that I should take my own time for payment of it.

To the twenty-first Article of the Charge, viz. In the cause between Smithwick and Welsh, he received from Smithwick 2001. which was repaid :'-I confess and declare, that my servant Hunt did upon his account, being my receiver of the fines upon original writs, charge himself with 2001, formerly received of Smithwick, which after that I had

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higher rates than they were vendible:' I do confess and declare, that sir Thomas Smith did deal with me in behalf of the French company, imforming me that the Vintners, by combination, would not take off their wines at any reasonable prices; that it would destroy their trade, and stay their voyage for that year; and that it was a fair business, and concerned the state: and he doubted not but I should receive thanks from the king, and honour by it; and that they would gratify me with a thousand pounds for my travail in it. Whereupon I treated between them by way of persuasion, and to prevent any compulsory suit, propounding such a price as the Vintners might be gainers 61. in a tun, as it was then maintained unto me. And after the merchants petitioning