gain." Then the clerk read the Proofs; see Lords' Journals, v. 3, p. 364.

The Lord Treasurer's Defence.

lordship ten weeks together, to be discharged; and yet bonds were exacted from the merchants of Bristol for the payment thereof, after the Lord Treasurer was acquainted with the said order in the exchequer, even till the summons of parliament; for which Mr. Serjeant Crew charged the Lord Treasurer with oppression and extortion, contrary to his lordship's oath, To do right to the poor and rich in such things as concern his othice.'-Then the clerk read the proofs. See Lords' Journals, vol. 3, p. 365.

The Lord Treasurer's Answer.

rants were according to the usual form, and general to all the ports, not knowing that Bristol was exempted by the order in the Lord Treasurer Salisbury's time until afterwards; that when he knew of it, he yielded to their re quest, and Guy went away well satisfied with his Auswer: and that none had benefit by the composition, but the king only." The Clerk read the Examinations taken on his lordship's behalf, after which,

As to this part of the Charge, the Lord Treasurer confessed, "That the lease to Hernot was at the rent of 5,6667. 13s. 4d. and the lease to his own use, (upon the surrender) at 2,000/. rent, and that he hath let the same at 6,000 per ann. and affirmed, That his majesty was first acquainted with it, and well allowed, thereof."-Hereupon the Lord Keeper signified to the house, that the king had commanded him to tell their lordships, That his majesty understood that the Lord Treasurer should gain The Lord Treasurer answered, “That herein by his lease 4,000l. per ann. So there was no he did but lus duty; and that if he had neglectfurther proceeding in that point of the charge. ed it, he had not done his duty; that he reThe Lord Treasurer also confessed, "That quired nothing to be done, by his Warrants, he paid Herriot 14,0007. odd money;''but affirm- but what was accustomed in queen Elizabeth's ed, "That it was a just debt, and that Herriottime, and in all the king's time; that his Warhad a power to pay himself, by a privy seal, out of his rent." His lordship denied, That he paid 7,000l. of that debt out of the Tobacco | Farm, by way of anticipation; and said he only transferred it from the Suguts to the Tobacco, and justitied the same; for that the king's meaning was, That he should have 4,000l. per ann, out of the impost for Sugars, presently upon his surrender of the Wardrobe: and the king lost not by it, for he, the Lord Treasurer, bad, for the disbursements of the Wardrobe, 20,000l. per ann, which he hath now settled at 16,000!. per ann, and yet the king's state therein maintained and a noble gentleman rewarded."-Touching the slow payment of his rent, he denied it not; but said, "He had disbursed as much or inore, before-hand, for the king in other matters."-As touching the impost not returned upon the exportation of Sugars, his lordship denied, That it was ever demanded of him; and affirmed, "that if it be due, then the farmers are tied by his lease to them to repay it; but if they be not so tied, that then he will pay it all, both for the time past and to come." And thus ended the Charge for the Sugars.

The Charge as to Groceries.

Mr. Serjeant Crew replied, "That there is no table in the Custom-House, to show any composition for the out-ports; and caused the Clerk to read the Examination of John Guy, on the part of the Lord Treasurer, taken May 1st, 1624, which agrees, in effect, with his former Examination, taken for the king; and that after he, and others of Bristol, had long petitioned the Lord Treasurer to have their bond cancelled and delivered, which they had entered for the payment of the said composition, they could not obtain any thing, save some good hopes and fair words from sir Simon Harvey; and that their bonds are yet detained."

The Charge as to unlawful bargaining for sir Roger Dallison's Lands.

The Lord Treasurer athrmed to the Lords, "That himself knew this Composition to be paid by the out-ports, and that his warrant was only to levy the same, as formerly it had Then Mr. Serjeant Crew opened the Charge been paid; and promised to send Barret's against the Lord Treasurer, touching his lord-books and some notes out of the comptingship's warrants to levy compositions for purvey-house, to prove the payments thereof hereto ance of Grocery in the out-ports, after this fore by the out-ports." maoner, viz. That the city of London did compound with the king for Grocery: but the out-ports refused, especially Bristol, and yielded to purveyance in kind; and that Bristol had an May 10, p. m. Mr. Attorney General proorder for this in the exchequer, in the time of ceeded to the charge concerning the Office of Robert earl of Salisbury, late Lord Treasurer:he Ordnance, and the unlawful Bargain for sir yet, notwithstanding this, the Lord Treasurer R. Dallison's Lands, in this manner, viz. “That directed bis warrants to levy this composition; another Charge whereof the Lord Treasurer and, although it was not due to the king, nor is accused, is concerning the Office of Ordnance, any such composition entered into the compting- and the unlawful Bargain for Dallison's Lands; house, his lordship commanded their good, then in which will appear that the Lord Treasurer, in the ports, to be st yed, and not entered, tul for his own private benefit, contrived and proit was paid, or bonds given for it; and thereby secuted divers unlawful bargains; and in the constrained some ports to pay it, and the mer-mean time neglected wholly that which con chants of Bristol, who denied it, to attend his cerned the public, which was the furnishing the

the former 8,000l. of which 4,0007. his lordship hath since caused to be paid 3,3031. But whereas the Petty Customs were valued to them to be worth for the first 2 years 1,000l. per ann. it appeareth that, in the two first years, it yielded them but 1,419l. 7s. 7d. b. ing all the money that grew due to them out of the profits of those farms at Michaelmas last; whereas if they had kept their extents of Dallison's and Mounson's lands, they should have received by Lauly-day last almost 7,000l. for part of their debt. In which bargain, (besides the oppressions and extremities put on the poor creditors and officers of the Ordnance, that might ill undergo a bargain of so much disadvantage and loss) are observed two corruptions; the one, in bargaining to pay the 8,000l. arrears, for though that was agreed before he was Lord Treasurer, yet he then was trusted as a commissioner for the king's debts; and, being after Lord Treasurer, performed that corrupt agreement made before.-The other Corruption was, in agreeing to pay the other 4,000l. for as it is a corruption in a treasurer to pay the king's due debt for money given unto himself; so it is to pay the king's debt, for gaining to himself a bargain by which he either had or did expect advantage; and though the Lord Treasurer, in his Answer, doth pretend.he is a loser by Dallison's lands, it is certain that whatsoever his gain or loss prove upon the other bargains for the inheritance of the lands, this bargain with the officers, taken by itself alone, was beneficial; and if it were not, it is all one: for if a judge, or treasurer, bargain for a Bribe, though he never receive it, he is corrupt; for it skills not what he had, but what he aimed at and expected.-About the same time that the Lord Treasurer bargained for the extent aforementioned, viz. 28 July, 19 Jac. he contracted with sir Tho. Mounson, for the inheritance of the same lands.-For sir Roger Dallison, after he became heutenant of the Ordnance, conveyed the inheritance of his lands to secure sir Thomas Mouuson of divers great debts and engagements; so as the inheritance of those lands, after the king's extent, was in the dispose of sir Tho. Mounson, who bargained for it with the now Lord Treasurer; and upon that bargain, the Lord Treasurer agreed to free sir Tho. Mounson's own lands of the 3,100%. debt, to pay in 3,000!. in money, and to procure the making of him six baronets and some other fit suit from the king; and when the baronets could not be obtained, the number be ing full then, the Lord Treasurer procured him another suit of 2,000. value, as his lordship

Office of Ordnance with emptions and stores, I money 4,000l. due to the office over and besides for the safety of the king and his kingdoms. Concerning the Bargains, it stands proved, That sir Roger Dalison, being lieutenant of the Ordnance, became indebted to the king in 9,962. for monies impressed for that office, but not employed; and that sir Roger Dallison and sir Tho. Mounson were indebted to the king by bonds to the value of 3,100l. which bonds were forfeited for not bringing certain stores to that office; both which debts amount ed to 13,0627. and the lands of Dallison were extended for 9,962/. and the lands of Mounson for 3,100. And that July 20, 18 Jac. the king assigned these extents to Francis Morrice, clerk of the Ordnance, and others, in trust for the officers and creditors of that office, towards satisfaction of so much of their debts. The Lord Treasurer, being a commissioner for his majesty's debts, July 28th, 1621, bargained for those extents; and by the articles under his hand agreed to give for them 1,062/. in hand, and 12,000. more, by 1,000l. per ann. for 12 years, beginning at Lady-Day, 1623; and also to do his endeavour to procure payment of an arrear of 8,000l. more, due to that office from his majesty, but before this bargain was performed, at Michaelmas following, he became Lord Treasurer; and when they expected payment of the 1,062. and security for the rest, he propounded that, in lieu of the 12,000l. to be secured, they should have his part in the Farms of the Petty Customs for 9 years, valued to be worth 1,000l. per ann. for the two first years, and afterwards 1,400l. per ann. which, according to that rate, would yield in 9 years 11,800/. but cost his lordship only 3,750.He being then Lord Treasurer, on whom they must depend both for the payment of the arrears, and for future favours, they accepted it; not meaning to lose their 1,062. payable in hand, but it was then again directly agreed they should be paid their 8,000l. arrear out of his majesty's coffers. In 1621, Assurances were prepared, and the creditors required to seal, being promised to have at the sealing their 8,000l. arrears, and expecting their 1.0621. from the Lord Treasurer, whereof they never conceived a doubt; but so soon as they had sealed, they were sent away without any inoney, being promised to receive their 8,000l. with 3 or 4 days after, which was not performed in so short a time; but was, after, paid in divers several payments out of his inajesty's money; but the 1,0621. which was o have come from himself was absolutely denied, the Lord Treasurer affirming, that as well that 1,062/. as the other 12,000l. was all concluded and recompensed by the interest in the Petty Farms; whereupon a new difference grew against them; but in the end they were enforc ed, in lieu of that 1,062/. to accept of a further interest, which his lordship had in the Peity Farms, for an half year after the 9 years were expired, esteemed worth not above 400l. to be sold and it was then further agreed that his lordship should then pay them out of the king's

VOL. II.

steemed it, viz. For compounding with the king's copyholders of Wakefield, to reduce their fines to certainty, for which suit the Lord Treasurer was a referee from the king; and, for accomplishment of this bargain made for his own private gain, he gave way to that suit, whereby so much was to be taken for his ma jesty, yet there rested another bargain to be made, for sir Tho. Dallison, the son and heir of sir Roger Dallison, pretended title to those lands 4 K

by an old entail; and the lady Dallison, widow | of sir Roger Dallison, claimed to have the third as her dower; and the Lord Treasurer having entered into treaty with them, and finding their demand not suitable to his desires, he, to make them the more complaint, threatens them by his extent, to keep them without any thing for 100 years; to lay upon sir Tho. Dallison certain foricited honds, which, upon the agreement with the officers of the Ordnance, were transferred to him; and he sends for sir J. Wolstenholme, whose son had married sir Thomas Dallison's sister, and rebukes him as an hinderer of his lordship's proceedings with Dallison: and by these and other like means, for an annuity of 2001. per annum, procures a release of their title; and whereas sir Roger, being possessed of a lease of great value, bad assigned the same to sir John Davis, for security of money owing to him and sir R. Smith, which lease, for non-payment, had been long forfeited, and the possession gotten by sir John Davis upon a trial and recovery at common law, which possession had continued divers years; the Lord Treasurer, by this agreement with sir Tho. Dallison and his mother, by way of unJawful maintenance and champarty, bought their title to this lease; and having hedged in those lands and the title to this lease, exchanged the same with sir Arthur Ingram for other lands; and then to gain the possession of those lease-lands from sir J. Davis, and sir R. Smith, and to make good this exchange, an old outlawry against sir Roger Dall'son, before the assignment made by him to sir John Davis, is sought out, the debt being many years past satisfied; by colour of which outlawry, and the power and countenance of the Lord Treasurer, this lease was seized into the king's hands, and sir R. Smith and sir John Davis thrust out of possession; whereupon they endeavoured to reverse the outlawry in the Common Pleas, and the better to effect it, they procured an administration of the goods of sir Roger Dallison to be taken by one Camben, a creditor of sir Roger's, to the intent the said administrator might sue to reverse this outlawry; but the Lord Treasurer to prevent them therein, interposeth in the king's name, and in his majesty's behalf, to revoke that administration; and the better to countenance the business, sends a case to the king's attorney grounded upon other matters without mentioning the outlawry, which was the chief thing in question; and having obtained his opinion in that case, sends a warrant to the king's advocate, to proceed in the ecclesiastical court as for the king; and in a matter much touching the king, to proceed for reversal of the administration; and in the end, by his means the administration was revoked; and afterwards, the matter coming in question in the Common Pleas, there also be interposed himself; and sent to the judges of that court, whereby sir R. Smith and sir John Davis were at last enforced to accept of a composition: now, in truth, this matter no ways concerned the king, for this lease was never extended for

Dallison's debt; and before the Lord Treasurer interposed in the ecclesiastical court he had caused a petition to be made in the name of sir Tho. Dallison, and his mother to the king; and a reference thereupou to himself for this lease, among other things; it being secretly agreed between him and Dallison, that the whole benefit of this lease, when his majesty should be pleased to pass it, should be at the dispose of the Lord Treasurer.-And whereas the Lord Treasurer would excuse those proceed. ings, as being after he had transferred all to sir Arthur Ingram: it is evident that the Lord Treasurer thus interposed; which must be either for his own benefit, to support his own bargain, or merely by way of maintenance; and, either way, his doings are most unwarrantable, to use such rigour in the king's name, either for himself or sir Arthur Ingram."-Mr. Attorney having thus opened the former part of this Charge, the clerk, by his directions, read the Proofs.

The Lord Treasurer's Answer.

The Lord Treasurer said, "It is true that he, being a commissioner for the king's debts, did advise the said officers of the Ordnance to accept of a lease of the lands of sir Roger Dallison and sir Tho. Mounson, extended for the king for 13,0621. viz. Of sir Roger Dallison's lands, extended for 9,9621, und of sir T. Mounson's lands for 3,100/. and they did accept of them for payment of 13,062. due to them by the king, with a covenant to resort to the king, if they were interrupted in the possession of those lands. And that he did then find, that there was due unto the said officers by the king, about 20,000/-That the said lands of sir Tho. Mounson were worth 1,600l. per annum, and were extended but at 200!. per annum, sir Tho. Mounson hoping to have had the benefit thereof for himself: but, by sir Edward Coke's rule, it was passed over to the creditors. That sir Tho. Mounson often petitioned the king, and his majesty referred sir Tho. to the Lord President and him: that they treated with the officers, who answered, That they relied on sir Tho. Mounson's lands, for that sir Roger Dallison's lands were so much incumbered, that they would yield little; yet the Exchequer Chamber would have relieved sir Tho. Mounson, if he had paid the debt for which the lands were extended; and then the officers must have resorted to the king for recompence: and that if his lordship gained in that covenant, by his bargain with the said officers, so it was beneficial to his majesty mise to the officers to help them to their 8,000l. arrear, being a just debt, was before he was Treasurer; and that it is HeathenGreek to him, how this should be prejudicial to the king.'

And his pro

To this Mr. Attorney replied, and affirmed the bargains to be unlawful as before; and that there was not 8,000l. arrear due by the king before his lordship was Treasurer; and then proceeded to the reading of the other Proofs.

due payment: and the Lord Treasurer wa warned, both by the lord Crew and by the con missioners of the navy, to have special care of the e points, to save the contract, it beg of high consequence."

The procfs being read, the Lord Treasurer answered, "I had need, in the first place, to pray for patience, so much pains beg taken by Mr. Attorney to make me appeari faulty man." Unto which the Lord Keeper plied, "That the lords conceive that the

ceived, that they are a greater unto his lord-kip, the Lord Treasurer who being a judge, mas no difference of a charge. The Lord Treasure answered, "That he is injuriously de it with and that no peer hath been charged in t place before by the king's counsel."—And beat demanded by the lord keeper, wherein te s juriously dealt withal, be answered by Mr. A torney's opening the proofs by parcels, and br directing parts of the depositions to be reat

but 13,610l. 14s. 2d. and a yearly allowance of 3,000, retrenching it to that rate from 6,000l. and did set down a course that this being observed a needless charge of about 10,000l. per ann. should be cut off, and this was allowed both by the lords and by the king himselt.-The earl of Middlesex becoming Treasurer about Michaeimas 16:1, and having continued in that office about two years and a half, did observe none of these establishments; whereby the office is at this present both unrepaired and unsupplied, and the kingdom of Ireland desti-words are a wrong done unto them; and he con tute of any considerable quantity of arms and munition: for it appears by the records of the king's receipt, That all the monies which the Lord Treasurer in his time issued for a supply of the ordinary of the office of Ordnance, was but 13,034/. 8. 11d. of which 8,000 and odd pounds was for old arrears, 3,3007. more grew due of latter time, but were paid, not out of duty, or care of the public, but by bargain and contract, and most of these montes issued (besides old arreais) were for wages and allow-which should have been done wholly and togeances of otricers, and little or nothing for stores ther.'-The Lords conceived themselves to be and provisions. For upon the quarter-books wronged by these words, for that Mr. Attorney paid by his lordship beginning at the quarter- had done nothing but as attendant to the house, book ended ultimo Juni 1620, unto the quar- and by their direction; and therefore the princ ter-book ended ultimo Decembris 1622. there | his highness willed him (the Lord Treasurer bei g about 5,500l. paid, 4,600l. and odd the e-clear Mr. Attorney, or else this aspersion es of went to the officers, but the stores and pro-light very heavy upon him. And the house de visions amounted to but 9007, and odd pounds: acquit Mr. Attorney for any thing he had saat a weak sup; ly in so long time.-And whereas or done herein. in April 1621, a contract was made with Mr. Evelyn for serving his majesty with 80 lasts of powder yearly, by monthly proportion, at 7d. the lb. which proportion being kept would have yielded a plentiful supply into the office of Orduance, and the overplus might have been sold at 3d. the lb. profit to his majesty. The Lord Treasurer (though he was continually The Lord Treasurer answered, as tourting solicited by Evelyn) did not make the payment, the second settlement, Nothing hath beer which should have been made upon that con- done upon it to this day; and yet it was made tract; whereby Evelyn, according to the liberty 4 years before he was Treasurer.' As touchre that was allowed by his contract, sold his the 3rd settlement, It was propounded ony powder to others; and, in 35 months after and opposed, but never allowed; if allowed, a that contract, served into the storcs but 15 was 13 months before he was Treasurer, and months proportion; and upon breach of this yet nothing done in it, as by Cook's own oath. contract did ensue these inconveniences, viz. | That he had no privy seal for it. And bow That the stores which, for the service of all his then can he be charged for the breach of the maj sty's kingdoms, might have had in readi-settlement which was never settled? but he ness 266 lasts of powder, and 60 lasts of salt- not give that for Answer.' And then his lertpetre, which would have really made 80 lasts of ship affirmed, That the stores are furnished. powder more (in all 346 las), are greatly in- and that he had paid all the said ordinary e jured by this neglect: for upon a late survey 3,000/ per ann, save 3001 though no privy-sea there were in ali bot 130 lasts in the stores, and was issued out upon that book presented by the yet Ireland wholly disfurnished: and besides, his Commissioners of the Navy; and paid divers majesty by sale of the overplus of the powder other sums of money for provisions of the stores: alone, above the proportion thought fit to be whereof his lordship recited the particcar kept by the commissioners of the navy, might sums: and whereas that office was unsettled by have gained 3d. in every b. which would have Sir Roger Dallison, he, being a Commissione amounted to 4.0501. and above, all which bis for the king's debts, found due to the officers majesty lost by this default of the Lord Trea- 18,000l. and caused 13,000l. of it to be paid surer. And whereas his lordship excuseth these by Dallison's lands, and the rest to be paid things by pretence of Sadler's complaints, it also afterwards; so that a small sum will be appeareth that those complaints grew by occa- settle that office, which was then so unsetter' sion of Evelyn's selling of powder to others, not-As touching the powder, That when te to the king: which had never been if he had had came to be Treasurer, he found but 116 last

|

Then Mr. Attorney opened the Leads of the Charge again, viz. The 1st settlement of the Office of the Ordnance, anno 6 Jac. The settlement by the Lord Treasurer Salisbury, 1017. And the 3rd settlement by the Com missioners of the Navy, 1620. And that the Lord Treasurer had observed none of them.