for relief, for 10 months together; but with no S. He said he never had any warrant to enter success. In Michaelmas, 1622, they petitioned the same in the petty farm; yet afterwards, his lordship that the trade was overburdened, he avowed be had: and this is the third falsity. and themselves quite undone. It is a rule,--Here sir Edward observed, That Jacob was that a commodity overburdened enricheth my lord's necessary creature and petty chapnot the king, but quite destroyeth the trade; man, and had a son that was his secretary; and but hereof they have no success.-Then they because he was a Jacob, that is a supplanter, prefer a bill of right against the king in the he desired their lordships to take good care of exchequer, because of the breach of covenant; him. About the beginning of this parliament but to this they could obtain no answer in my lord sent for this Jacob; asked him if he Michaelmas term. The king's attorney knew had entered this money in the petty farm? he well enough of the bill, but could not for his said yea. Then said my lord, go about it preheart devise an answer for it.-In December sently, and see that the cocquets, and all things 22, 1622, the term is out, they are out of their else, be suppressed in the petty farins, and money, and the trade is gone. They appeal, that this money be removed to the great farm; therefore to the fountain of justice, the king's for I would have all hid and suppressed.majesty. The king is very gracious to them, Here sir Edward observed, That sordid bribery and said, God forbid that any man should lose is like Adam, and would fain get some ig by him. He knew nothing of this. It was the leaves, if it could tell but where to gather them. Lord Treasurer's act and device. And so his majesty allowed them a deduction of 9,500!. to be made to them in 9 years time. Well, verba sunt ac; these were but good and gracious words, bet filled not their purses: they must have a warrant from the Lord Treasurer to put this favour of the king's into a public act; and this they could not obtain from December to the end of June. The men understand themselves very well, and look about them how this stay comes: one of them tells another, the business sticks, my lord looks for somewhat and the man was in the right, for so the sequel proved. A 5004. bribe was paid to Jacob for my lord's use, and straightway all was well; the warrant went current, and all was passing well.-One thing remarkable: This was taken, out of the petty farms, set down in their monthly and yearly books, and called a gratuity speciosaque nomina culpe. Some great space after this, there was a voice of a parliament (Oh! said sir Edward, parliaments work wonderful things.). Then the Lord Treasurer began to cast a circle, and fall to his conjuring. He calls upon Jacob and commands him to transfer it to the great farm. Here was observed, that suppressio veri, is, in law, an argument of guilt. Here sir Edward also observed in a parenthesis, That is a blessed thing of those that love parliaments; and that surely this lor, of all others, loved them not; because he cast himself into dark mists, when he should mect them; nescio quid peccati portat ista purgatio. This argues much guiltiness.-Then be nominated his witnesses: which he said were without exception. This bribe is proved by Hide, Daws, Bishop, and by Jacob; the last is a witness with a witness. For Jacob blanched this bribe as well as he could, and was taken in three notorious falsities. 1. Being charged, that the money was delivered to him by Hide, he vowed he had never received it; yet, being confonted with Hide, he confessed it: there was one. 2. He pretended he had received the money, but gave his bond for it. Hide affirming to his face, the bond was for other money, and no bond at all for this; then he likewise confessed this: there were two. Upon the delivery of this Charge (as was desired by his friends) to the Lord Treasurer, they of the commons expected an answer of some rare wit: for so this nobleman was reputed in that house: but his lordship deceived their expectation; for he declared it was utterly, in every point, he would not say false, but surely untrue. Four things he denied as he was a christian; and these were all directly proved and made good against him. And so much was delivered against the first bribe.The second bribe was of a strange strain: and both these bribes were received by him in the quality of a Treasurer. The farmers of the great Customs were to renew their farms, and put in security of 48,000l. rent, July 29, 1699. Ilere sir Edward said he would not enlarge himself; for the business lay in a narrow room. The bribe is the point. My lord liked the sureties well; but some of them fell off, and he would not accept of the rest; and 7,5001, of the rent was reserved for a year and a quarter. After delay of their lease, and 5004. in gold paid unto him by the hands of Jacob, then the security formerly rejected was now accepted: which act of his lordship the knight confuted by this syllogism. The sureties were sufficient, or insufficient: if sufficient, the bribe was too much, and the farmers oppressed; if insufficient, the bribe was too little, and the king was cozened. The second bribe was proved by Wolstenholme, Garroway, Williams, and, if you please, Abraham Jacob; and so much of these two bribes taken in the capacity of a Treasurer. "Now he comes to the Court of Wards, and shewed, That the Lord Treasurer's offences herein are of a rare strain. First, the knight noted, by way of preface, That honos, the honour, must be given to him that deserved it. All the good artifice began under Treasurer Salisbury. Then were articles invented that helped the king to all his revenues, and tied the officers to their own fees and places. The king's revenues prospered well then: and these articles, by the advice of the judges, were confirmed under the great seal.-When this last lord came to be master of that court, (for now, so he prayed their lordships to weigh it well sirous of any such employment) to second this saith the knight, he is not charged as a lord, I said, That all this he spake by command; and but a master) he complained he had not elbowroom for those articles; he was too much bound by them: (and bound he was indeed), and therefore he projects new articles; and these new articles are charged with high ex-"The Commons had commanded him (undetortion; for in them are raised double fees; one fee the surveyor formerly had, and still retains justly, another parallel fee to this my lord hath raised unjustly and oppressingly. For extortion is a grievous and consuming enormity in a commonwealth. It was the greatest evil the high God could foresee would befal the enemies of God. Let the extortioner consume what he hath, and the stranger devour his labour.' Psalın cix. v. 10.—In these Articles his lordship created a new officer, a secretary. The chief proceedings there go by way of petition. In the former articles these petitions were received by the court, and entered by the clerk without any fee, and so were to be found on record; hut, in the new articles, this new officer is to receive these petitions, and may, for any rule to the contrary, suppress them; and for his fee he taketh what he pleaseth; and it is proved he hath taken 101. 201. 41. 57. three dishes of silver, and the like: he is altogether unlimited, unless, peradventure, his oath doth limit him.-Another Charge in this Court,is this Abuse,viz. The Lord Treasurer's place requires a whole man, and so doth the mastership of the Court of Wards; whereupon his lordship was fain (as unable to wield those two great places) to invent a new device, a stamp even with his own name, Middlesex. Now this hand moves and guides the seal of the court, and therefore, being turned by the hand of a young secretary, may produce strange consequences. Never any king did suffer a subject to use a Stamp. Öld lord Burleigh had a Stamp, because of his gout, but never suffered it to be used but in his own presence. Henry 8, had also a Stamp; but, suffering it to be employed by another, an act of parliament was overthrown thereby. Sir Edward said, he would conclude with one example: if a ward be not found within one year, he is reputed concealed, and so falls within the dispose of the master of the Court of Wards: now, by the secretary's keeping of this Stamp and Petitions, he may so carry the matter, that any ward may prove concealed: and that is no remote possibility. He brought this instance, à posse ad esse. My lord's secretary hath put to, and used this stamp for, the deferring of an office for half a year; and it is possible it may be done for a whole year. The knight said he | never knew any man before trust a stamp, in the hand of another man, to command the king's revenue. He concluded this point with this observation, That my lord was a man raised very high, and very lately, and for expectation of service: that the king had been very beneficial to him; and for him to be so supine in the king's revenue, and so vigilant in his own, was the highest ingratitude. Et si ingratum dixeris, omnia dixisti.'—Sir Edward | dignum tanto foret hic promissor.' The issue of all was this, for his lordship to devise new burthens. These were the two generals, from these the knight descended to particulars, and began with the Wines. He put their lordships in remembrance, that the merchants had the king's covenant under seal, and promise by his royal word, to lay no further impositions: They had reason to desire it, for they paid a great fine Egypt, when they were commanded to make brick with less straw; and generally confess, that they would drive twice as much trade, if their trade were not overburthened. Hereupon they thought they had sufficient ground. to complain; this being dishonourable to the king and oppressive to the people, the king's promise, word, and covenant being violated; these impositions, double the value, being grievous to the subject and fearful to posterity; for besides the old imposition, by statute, upon Wines, there are three more upon one another, et quis erit modus,' of feeding upon trade." Here ended the Complaint touching the Imposition on Wines. and rent for the farm, which your lordships | knew best; yet for all this, 19 Jan. 19 Jac. there issued forth a privy seal of imposing 37. per tun on the French Wines: a grievous imposition in the matter, yet worse in the manner: for if it had been just, yet, in equity, it should have been laid before the voyage undertaken, and the vintage made; then it had been known, and, if known, the merchants had stay'd at home, deserted and given up trading. But this imposition was not laid till 2700 Tun of Wine were arriv'd in the Thames; and yet the Lord Treasurer gave command, that no entry thereof be made in the custom-house until security was taken to pay this intolerable imposition. He left your lordships there to consider these circumstances. 1. Ships all Then sir Edwin proceeded to the Complaint laden with this perishing commodity. 2. Great of the lease of Sugars procured by the Lordand excessive leaking, by being upon the river, Treasurer, viz. "That whereas George Herriot and abuse in the passage. 3. 30 shillings per held the Farm of Sugars, upon a rent of 10,000 tun formerly imposed by the Rochelers. 4. 20s. marks per ann. the Lord-Treasurer procured per tun laid by the merchants, for their several him to surrender that lease, and obtained a Apparel taken away by the Rocheloys. 5. new lease thereof unto two of his lordships serThis 31. per tun to fill up the measure of their vants to his own use, at 2000l. per ann. for the afflictions.-Yet, instead of compassion in this same. What merits had his lordship in the extremity, such as refused to pay, were cessed great extreme want of money, as to draw from at the double the imposts; others, who could his majesty so great a reward as 4000l. per not put in bonds, after asperity of language ann. for 21 years? but the Commons' Comand petitioning to the king, were committed to plaint herein is of a higher nature. That the pursuivants; yet the king's privy-council used king having granted, that the merchants imthe merchants honourably; for they sent for porting any merchandize, and paying the duthe vintners, and, to help the merchants, they ties for the same, if they export the same raised the wine a penny in a quart.-Notwith- within 13 months, their imposition is restored : standing this the merchants fell into the hands This is observed in all other merchandizes, save of customers, who used them rigorously, and that of Sugars. The reason is plain, if your they lost great part of their principal: first, lordships know who is the farmer of it. The they paid half of this new imposition in hand, Commons further complained, That the Lordand gave security to pay the other half; after- Treasurer had turned the Composition for Growards, the payment was divided into 3 parts, cery into an imposition; which his lordship and secured by the merchants accordingly. did, without any warrant, whereby he usurped On the 20th of Aug. following, another privy-regal authority. That the city of London had seal was issued to determine the former; yet 40s. only of this imposition was taken off thereby, and 20s. laid on the French Wines partially and without limitation; viz: 20s, the tun for London, and 13s. 4d. for the out-ports, whereof the Londoner complained; and it was inserted in the privy-seal, to be at the humble and voluntary assent of the merchants; which is absolutely deny'd, for they only consented to pay 20s. the tun, until the remainder of the former imposition, so secured as aforesaid, were paid, and no longer; yet they were haunted by pursuivants till they had paid and they complain they are undone, unless their bonds be delivered up. They further complain, That they do pay for their trade cent. per cent. and shewed the particulars, viz. Öne merchant had paid 800l. to the king for his part in a short time, and now unable to pay any more. -Here the knight said, That he would willingly suppress what follows, for acerbity of speech is no breeder of good blood; but the Commons had commanded him to speak it, and to declare further, That the merchants compared their sufferings under these impositions, to the sufferings of the old Israelites in yielded to a Composition for Grocery, but the out-ports refused, and especially the city of Bristol; and that in the Lord-Treasurer Salisbury's time, 11 Jac. that city had a decree in the exchequer, that they should be freed from any such Composition, upon condition to yield to purveyance in kind, when the king or queen comes within 20 miles of their city; which purveyance cost them 800l. when the queen's majesty was there. Nevertheless the LordTreasurer had directed his warrant to levy a composition upon the merchants of that city and the other out-ports, against their wills, with commandment to stay the landing of their goods until it be paid. And this, he said, was the substance of their crying Complaint; what more can they say, but, with wise king Solomon, If thou seest the oppression of the poor, and violent perverting of judgment and justice in a province, marvel not at it; for he that is higher than the highest regardetb, and there be higher than he. Eccl. v. 8.' Their Complaint is of an high lord, the Lord-Treasurer: but your lordships are higher than be; the king higher; and God higher than all; whose justice your lordships execute. This justice they, humbly and instantly, demand of your lordships against these oppressions." This Report being ended, the lords took into their consideration how to proceed in the business, and then referred the Examination thereof to the sub-committee on Munitions, &c. adding to the said committee the LordKeeper, the Lord-Steward, the bishop of Bath and Wells, the lords Wentworth and Spencer: and their lordships may divide themselves into several committees, if they please, for expediting this business; and may send for any witnesses to be sworn here in court, that may conduce to the Examination thereof. April 24. The archbishop of Canterbury reported to the house, That the Committee appointed to examine into the Complaint against the Lord Treasurer, had inet, and examined divers witnesses, who were sworn here in the house, and had made a collection of Part of the said Charge; which Mr. Attorney read in form following: "Part of the CHARGE against the Lord Treasurer. "I. The farmers of the Petty Farms of Wines and Currants, having sustained great loss in their farm, by an impost of 34. per tun of Wines newly set, were long and instant suitors to the Lord Treasurer for relief; but finding none, exhibited their bill into the exchequer, and afterwards a petition to the king, for reparation of their loss; to which having received a gracious answer from his majesty, the Lord Treasurer agreed with them upon a recompence of 9,500l. to be defalked by 1,000l. per ann. out of their rent; yet, after this agreement made, he protracted their warrant about six months, and, in the end, took of them a bribe of 5001. for their dispatch, which was set upon the account of the Petty Farms: but since the summons of the parliament the same was, by his lordship's direction, posted to the account of the Great Farms.-II. The LordTreasurer being presented with a tun of Wine, by the farmers of the Petty Customs, was not contented therewith, but exacted money of them also; who were thereupon drawn to give him 100/-III. The farmers of the Great Farm having, by their lease, covenanted to give security for the payment of their rent, divided their farm into 32 parts, appointing every partner to give security of 1,500l. for every part. Five of the partners relinquishing their parts, the security fell short 7,500l. Whereupon the 4 patentees, resuming those five parties to themselves, tendered their own security; which his lordship agreed to accept, -yet protracted about 3 quarters of a year, until they gave him 500l. for his dispatch. And whereas his lordship pretends, by his Answer to the house of commons, that he had this 500. and the other 500l. first mentioned in one entire sum, for four 32 parts of that Great Farm, it appeareth his lordship had no parts at all in that farm. IV. George Herriot having the farms of Sugars upon the rent of 1000 marks per ann, the Lord Treasurer procured Herriot to surrender that lease; and, to effect the same, gives order for the payment of 14,865. due to Herriot for jewels; all which was paid between the 15th Dec. 1621, and 10th Jan. following. The lease was no sooner surrendered, but the said treasurer procures a lease to two of his servants, by indenture, dated January 13, 1621, for 21 years, at 2,000l. rent per ann.; which rent his lordship paid so slowly, that there having only 4,000l. thereof grown due since the lease, 3,000l. thereof was paid on and since the 31st of December last: and whereas the merchants, importing any merchandize, and paying the duties, are freed to export within the year, without any new payments; that custom was observed in all other farins, but denied in this, for the said Lord Treasurer's benefit.-V. The city of London having yielded to a Composition for Grocery Ware, which the out-ports, particularly Bristol, refused; upon long debate and advisement, in the time of the Lord Treasurer Salisbury, it was resolved they should not be pressed thereto: nevertheless, the Lord Treasurer hath given warrant to levy that Composition upon the merchants of the out-ports against their wills, or else to stay the landing of their goods; which hath been put in execution accordingly.—VI. In December 1618, his majesty, upon great deliberation and advisement, did set forth instructions, very fitting and necessary for the well ordering of the Court of Wards; the Lord Treasurer becoming master of the wards: and, for his own private gains, aiming at an alteration of those instructions, first procured a reference to divers of the council to consider thereof, yet after waved that reference; and, by his own power and greatness with the officers of the court, (though much against their wills) and by misinfonination of his majesty, (though much to the disadvantage of the king and subject) in the year 1622, procures new instructions; thereby taking the petitions from the clerk of the court, and appropriating them to himself and his secretary, who takes great rewards of the subject for procuring answers to the same; and, by colour of those new instructions, he doubles fees of continuance of liveries; and, having concealed the wardships to himself, he may easily make wardships concealed by the course of the new instructions. Also he hath made a Stamp, and delivered the same to his secretary to be used; thereby, unlawfully, putting into the hands of his secretary the greatest part of the power and trust appertaining to the office of master of the wards. This the secretary hath used, stamping therewith, in the absence of the master, tenders, continuances, warrants to the great seal, grants of wardships and leases, indentures of liveries, &c. And whereas, by a privy seal of 6 Jacobi, there was an allow ance settled for the ordinary of the Office of Ordnance; which, being put out of order in the time of sir Roger Dallison, in 1617, the lords, upon reference from his majesty, set, under their hands, a proportion, both for present supply and future upholding of that office: but his . lordship, being Treasurer for the space of 2 years, hath observed none of these proportions or establishments; whereby the stores are, in effect, wholly unfurnished.-And there being a Contract made with Mr. Evelyn, by himself and other commissioners for his majesty, for serving his majesty with Gun Powder, being a bargain of high consequence to have been kept, his lordship hath also neglected and broken that bargain, to the hazard of the kingdom and prejudice of the king. He hath also made unlawful bargains for the lands of sir Roger Dallison; where, for compassing those lands, he has contracted to do his endeavour to procure payment of 8,000l. of old arrears, (which he performed when he became Treasurer) and to pay for the land with making of baronets and suits to the king; and, in particular, a suit, for compound. ing with his majesty's copyholders of Wakefield by himself, worth 2,000l. And, having, agreed with sir Tho. Dallison and the officers of the Ordnance, he, to gain, indirectly, and by oppressive means, an estate which sir Roger Dallison had passed to sir R. Smith and sir John Davy, he setteth on foot an outlawry of sir Roger Dallison, and thereby dispossesseth sir Rd. Smith and sir John Davy, who had been in possession, by a trial at law; using the power of his place, and countenance of the king's service, to wrest them out of a lease and estate of great value." | your lordships will think fit to proceed to examination of witnesses to be produced on his part, before he hath made his Answer; whereby it may first appear to your lordships what things he will deny and what confess and arow, and in what manner he will avow the same; upon which, as upon issue joined, he may par ticularly examine his witnesses, and, after copies of the Depositions taken both for and against him, the cause may be prepared for your lordships honourable judgments; which he protesteth to further, on his part, to a hearing with all possible expedition. Lastly, his most humble suit is, That, in respect of the nature and multiplicity of the matters objected against him, which do necessarily require the assistance of learned counsel, this most honourable court will be pleased to assign the following gentlemen to be of counsel with him, in this cause of weight so much concerning him; viz. Mr. Dr. Steward, Mr. Rd. Hide, of the Middle Temple, Mr. W. Hackwell, of Lincoln's-inn.-MIDDLESEX." Then follow the names of nearly forty wit nesses. This Petition being read, the lords appointed a special committee to consider what Answer should be made to it, consisting of the Lord President, lord Rochford, the bishop of Rochester, and the lords Wentworth, Howard, and Say. These lords having withdrawn themselves some time, and being returned, the Lord President reported to the house the Answer agreed on, in these words: After the reading of this, it was ordered, That the said part of the Lord Treasurer's Charge should be sent unto him to-day. And that he "1. That warrants shall be given for calling be warned to appear here at the bar, on the 28th in of such witnesses, whose names shall be exinst. at 9 in the morning, to answer it. Like-hibited in writing, and thought fit by the house wise, if he had Witnesses to be examined, he to be examined; the interrogatories and witmay present their names to the house to be nesses names to be sent to the house to-morrow sworn between this and the same day. And in the afternoon, and the witnesses themselves this is said to be Part of the Charge, because to appear, that such of them may be sworn and there are other things against him which are examined as the house shall think fit. 2. The yet in examination; and, when reported to the house sees no cause, when the witnesses names house, he shall be charged therewith, if thought and interrogatories are sent in, why the examifit. nation of them should be deferred: but the day for his appearance and answer was to hold. 3. His lordship may use what counsel he pleases to advise for his defence; but it stands not with the orders of this house to allow counsel at the bar, in cases of this nature.” April 26. The messengers that were sent to deliver the Charge, &c. to the Lord Treasurer, declared they had done it; but he gave no other Answer to them than, " It is well." April 27. A Petition from the Lord Treasurer to the House of Lords was read, in hæc verba : "The humble PETITION of the Lord Treasurer of England. This Answer, being read and approved, was sent to the Lord Treasurer. A Memorandum is made, That the earl of Bridgewater, one of the committee to search precedents, &c. reported, That they could find none where a member of this house did answer, by his counsel, to a com members of this house and others had answered in person and not by counsel; and that counsel was denied to Michael de la Pole, lord chancellor, 10 Rd. 2. when he required the same. April 28. Another Petition from the Lord Treasurer to the house, was presented and read, in hac verba : "Most humbly representing to this most honourable house the names of such persous (by the schedule annexed)as the Lord Treasurer hum-plaint exhibited against him: but that divers bly desireth may be sworn and examined for discovery of the truth, upon such Articles as he shall exhibit, touching the several matters contained in that part of his Charge, which has been delivered to him. For which purpose he humbly prayeth such warrant for calling in those witnessses, and such others as he shall give notice of to the clerk of the parliament, as the form of this high court requireth. And, withal, humbly propoundeth to the consideration of this most honourable house, Whether "The humble PETITION of the Earl of Middle- |