powder, whereof 21 lasts, delivered by Evelyn, were left unpaid for; and that he paid him 2,000l. arrears though 60 lasts of salt pe tre be not in the king's stores, yet there is so much in Evelyn's warehouse; and then it is the king's. Neither can the king receive such detaiment or loss; for when Evelyn is paid, he is to make allowance of the powder by him sold.' And affirmed, That he had paid more for powder than was paid for 7 years before.' The Charge as to the Court of Wards. make concealed Wardships, and may take away men processes due to the king for want of livery; and may antedate tenders, continuances, and petitions; by reason whereof the king ma be prejudiced great sums, by preferring one be fore another by Wardships." prejudice of the king or subject, he disavows that also; but allows his precise knowledge of the alteration of the said Instructions."-Therefore no Examinations were read to prove the Lord Treasurer's importunity and pressure to The Lord Treasurer's Answer. This being said, the clerk was directed to read the Proofs And for that, in opening of this Charge, the lord keeper delivered to the lords a message from the king, viz. "That the alteration of these Instructions was debated before his majesty at Wansted, by the master Mr. Serjeant Crew next opened the Charge and officers of that court; and that his majesty of the Court of Wards, viz. "That whereas, understood that the alteration was for the in Dec. 1618, Instructions for the Court of honour and profit of the master, and inWards were set out, (upon great advisement tended that the master should enjoy that office with the lord chancellor of England, the two as amply as the earl of Salisbury, or the lord lord chief justices, and the officers of that court) Wallingford: but if any new fees are exacted the Lord Treasurer, by his importunity and since, his majesty disavows that; and if the power with the officers, and by his misinforma-master hath used the new Instructions to the tion to the king, (waving a reference to divers lords of the council) procured those instructions to be altered, to the prejudice of the king, and oppression of the subject.-For, by the former instructions, anno 1618, petitions for Wardships were to be delivered to the clerk of the court,have those Instructions altered. who was to enter them without fee: but, by these instructions, anno 1622, the petitions are first to be delivered to the master, to the end After the other Examinations were read, the he may subscribe his directions, and then the Lord Treasurer answered unto this Charge, master's secretary to make entry thereof the" That he is not to be blamed for putting his same day it is delivered, and return it to the office into such plight as it was before an ensuitor, who is to present it to the clerk, and the croachment. As touching his secretary's fees, clerk to enter it without fee.-So the clerk of as he is not restrained, so nothing is allowed; the court stands still restrained by these latter and if he hath exacted any thing, his lordship instructions to take any fees for entering of pe- will be the severest censurer of him. He never titions, but the master's secretary is not re- heard of any till now. That the secretary to strained; and, being unlimited, he hath taken former masters received whatsoever any man great fees for entering of these petitions.-And gave voluntarily, so it was lawful for his.-As whereas, by the former instructions, anno 1618, touching the Fee for Continuances, Why should all tenders and continuances of liveries were to he lose any thing due for a favour to the subbe made unto the surveyor of that court: now, ject? by this means there be fewer Conby these latter instructions, they are to be made tinuances; and so the king has his money the to the master first, and afterwards to the sur sooner, and the party is free for the subjects veyor; whereby the fees tor continuance of li-suit the sooner.-As for concealed Wardships veries are raised from 10s. the term, to 20s. the within a year, it is beneficial o the king; term. And whereas, before, no ward was es otherwise, within 3 years, the ward might die, teemed a concealed ward, unless no suit had and the king lose the wardship. Neither hath been made within 3 years after the death of the master such power, alone, therein by these the tenant now, by these latter instructions, new Instructions: he is only trusted with the the master bath power, alone, to dispose of direction unto whom the concealed wardship Wardships concealed but one year; so that the shall be granted; the composition is left to the master may make any a concealed ward, by council-board: but it is not shewed that he concealing the petition, and not entering it with ever made one concealed wardship. They say the clerk; the petition being hereby appointed this may be done, but do not shew what was to be delivered to the master first.-And that done amiss."And his lordship justified, the master of this Court of Wards, the Lord" That these new Instructions were more beneTreasurer, hath committed unto his secretary a stamp of his name, and hath hereby put his own power into the hands of his secretary: for his secretary hath used his stamp, in the absence of the master, for signing of tenders and continuances for warrants to the great seal for liveries; and warrants to find offices, for grants of wardships, leases, indentures, and the like; and for expediting of judicial acts in the court: and that this stamp may be a ready way to ficial to the king and subject than the former, and not prejudicial; for as touching the petitions, if the ward happen in a vacation, the petition must be delivered within a month; if to the clerk, perhaps he is out of town: now they are to be delivered to the master first, and he may direct the finding of the office in the interim; but it is of no force till the petition be afterwards entered by the clerk, and composition is made by all the officers. Indeed the appear accordingly.-The lord keeper cleared the proceedings of the king's counsel in their several Charges against the Lord Treasurer; and the house gave them thanks for their fair carriage therein. The Lord Treasurer's general Defence against the whole Charge. officers yielded, hardly, to the new Instructions; because they had, by the former, shared the master's power and authority among themselves." His lordship confessed, "That he yielded to have a Stamp made by the precedent of the lord Burleigh's Stamp: which, he said, he could not prove but by hear-say; and Stamps are used in the Subpoena Office and the Outlawries. And that it is no more prejudicial to commit a Stamp to his secretary, than it hath been heretofore to leave the seal with the clerk. Neither is it shown that this Stamp hath been to the prejudice of any man, the same things that were stamped, being to passing two Bribes received of the Farmers of the other officers either first or last." May 12. The Lord Treasurer being at the bar, and being admitted to speak in his own Defence, his lordship first repeated the several heads of the matters wherewith he is charged, VIZ. 1. Touching the Wardrobe. 2. Touch Customs. 3. Compositions of the Out-Ports for Grocery. 4. The Officers of the Orduance. And, 5. The Court of Wards. As for the first, "That his omission of an account in the Wardrobe did neither add to nor diminish the charge the king was at: and that, although his lordship omitted to serve some of the lord cham Before the Lord Treasurer was withdrawn, the earl of Carlisle remembered their lordships, That the Lord Treasurer the other day, had charged him with 3,000l. given him; whereas, about 12 months after the Lord Treasurer was made master of the wards, his lordship paid the earl of Carlisle 3,0007. in part of 20,000l. givenberlain's warrants, amounting to a matter of him by the king. And whereas the Lord TreaSurer spoke of the vast expences of the wardrobe in former times, the earl of Carlisle said, | That the expences grew so great by reason of the extraordinary charges then happening; as, by the queen of Bohemia's Marriage, which caine to 60,000l. alone; for furnishing divers of the king's houses: for many rich presents sent to foreign states; for the king's voyage to Scotland; and the like. And the earl of Denbigh, now master of the wardrobe, shewed, That be cannot get any allowance for the extraordinaries of that office from the Lord Treasurer.-Whereunto his lordship answered, "That the king referred unto him the earl of Denbigh's demands of the extraordinaries, wherein his lordship was unwilling to meddle, for he could not conceive how they could amount to the sum demanded." And as touching the earl of Carlisle, “If he had said that he had given him that 3000l. he did his lordship wrong, for he had warrant from his majesty to pay it." And then the Lord Treasurer desired he might be heard to clear some words that might pass from him this day, where it is reported that his lordship should say, That he had unchristian dealing: "He meant it not by their lordships, whose dealings he acknowledged to be to him both just and honourable; but he meant it by the king's counsel, who have dealt so unchristianly with him, as to make white black, and black white:" and humbly desired, "That this his acknowledgment of the justice of the house might be accepted of him, and to be understood only of the king's counsel." And said further, "That he had precedents, that he ought not to answer in this place, (at the bar) and that he ought to have counsel; and prayed that the next might not suffer by his example." The Lord Treasurer being withdrawn, the house agreed, That he should appear here again to-morrow at 9 of the clock; and Mr. Maxwell, the gentleman usher, warned him to 7001, yet he had laid out, in the Extraordinaries of that office, which he was not bound to do, about 6,000l. and that the good service which he had done his majesty in that office is well known. Touching the two Bribes, termed 'disguised Corruptions,' howsoever the farmers of the customs presented the same, he could not know their thoughts but by their words and deeds. And his lordship protested, that he received the same no otherwise than for his interest in four 32 parts of the Great Farm of the said Customs. As touching the Lease for Sugars, he will say no more than formerly he had spoken. Nor, for the Compositions for Grocery, save only, That his lordship had sent Barret's son unto Mr. Serjeant Crew, to satisfy him that Barret had formerly collected the said compositions, by virtue of the warrant of former Treasurers. As touching the Office of the Ordnance, his lordship would speak no more touching the provision for arms and gun-powder, than he had done. But, as touching Dallison's business, his lordship said, It began originally before he was Treasurer: he therein settled the king's debt unto the officers, and hath parted with that estate, which he had from them in Dallison's lands, within a month after he was Treasurer; yet, if the second bargain made with these officers prove not as beneficial to them as the first should have been, they have his word to make it as good; which he would perform. And his lordship further proferred, That any one should have Dallison's lands again at a far less sum than they cost him. Then he desired their lordships to take into consideration his disability to answer, and the ability of those that did oppose him; and, if he had been as well able to speak for himself, as they that spoke against him, he doubted not but that he should have given their lordships very good satisfaction. His lordship spake much in excuse for those matters complained of against him as Lord Treasurer, saying, That the king's ne cessity and want of money was the cause of much thereof. He acknowledged, That the king had been a good and bountiful master | surer, for not entering into a book of Accounts unto him; and avowed, That he had been a the warrants and emptions, as he ought to good and faithful servant unto his majesty, not have done, whereby the settlement and antient for impositions, for, those two only excepted, institution of that office is altogether broken; which are presented by the commons, he ever and for not serving the warrants directed unto stood against them, deeming them a partition-him for the king's own person, though he was wall between the king and the subject. That often urged thereunto; nor paying divers of his service has been in reformations, viz. Of the creditors for such stuff as they served in, the houshold; of the navy; of the wardrobe; although he received 20,000l. per ann. by way and of the kingdom of Ireland; which are of imprest, for the ordinary charge only of that things of that nature that they beget enemies; office; which a far less sum would have fully and if, in doing service to his majesty he hath defrayed; And for that he had not performed procured to himself many enemies, their lord- that good service, which he pretended unto his ships will not impute that to him for a fault. majesty, but, under pretence thereof, had proHis lordship also affirined, That he had done his cured to himself great and large gifts from his majesty good service in the Palatinate, by ad- majesty and pardon of divers great sums of movancing the exchange of the king's money thi- ney. And the king's counsel having satisfied ther, wherein he saved the king 60,000l. And their lordships, That the said pardon to the affirmed, That he had advanced the profits of Lord Treasurer did not pardon his lordship's the crown at least 80,000l. though not by Im- not accounting; the house was resumed, and positions; these he meddled not with, the other the question put; "Whether the Lord Treatwo excepted, and they were agreed unto by surer, for his carriage in the office of the Wardthe council-board. The ships indeed were in robe, be censurable, or no?" and it was agreed, the river, but the vintners were sent for, and nem. diss. "To be censured." made to pay what was imposed on the mer- May 12, p. m. Mr. Attorney read that chants. That he offered to pay the arrear due part of the Charge against the Lord Treasurer for Ireland, a third part from the one deputy, which concerned his taking of 5001. of the and the one half from the other; wherewith farmers of Wines and Currants for a Bribe, and he acquainted his majesty and turned it all to 500l. of the farmers of the Great Customs, for his majesty's profit. That he hath been a judge a Bribe; and for exacting 100% of the said farmers these 8 years, and no complaint brought against of Wines and Currants. And their lordships him for Corruption or Bribery; which he hoped took into their consideration the Lord Treawould weigh much with their lordships." And surer's Answer unto the said two Bribes, viz. as for the offence taken yesterday against "That he accepted of 1,000l. paid him, at one him, touching the king's counsel, whom he entire payment, by the farmers of the Great ever loved well," He knew them to be of that Customs, upon a bargain of his four 32 parts of loving nature, that he doubted not but that the Great Farm." And it appeared plainly unto they would impute it to his rashness, and for- them, by the examination of divers witnesses, give him. Then he craved pardon of their as well of those taken ex parte domini refordships, if he had omitted any thing, orgis,' as of those taken ex parte domini thespoken ought that might discontent them; and so, with humble thanks for their favour to him, he concluded his speech." saurarii,' that 500l. of the said sum was given to the farmers of the wines and currants, called the Petty Customs, to procure his lordship's The Lord Treasurer having ended his speech, warrant for defalkation of 1,000l. per ann. of he was answered by the lord keeper, "That their rents, for 9 years, in recompence of their the council-table disavowed the Imposition on loss, according to his lordship's farther agreeWines to begin from them; it came from his ment with them on the king's behalf, upon his lordship as belonging to his place of Lord Trea- majesty's reference unto his lordship, and that surer: the matter was his alone; the manner the other 500l. was given, by the farmers of the also was contradicted by the rest of the council, Great Customs, to procure his lordship's warfor that the merchant ships were then in the rant unto the king's remembrancer, to take seriver; only they gave way to it, upon his lord-curity for payment of the rent to his majesty of ship's undertaking that the merchants would yield thereunto, and that they should be no way prejudiced thereby." Whereunto the Lord Treasurer replied, "That this was no part of his Charge." the 4 patentees of that farm, in lieu of 5 partners who had relinquished their parts therein: and that his lordship had not reserved to himself any parts of the said Great Farm, as his lordship pretends; and if he had, it had been a great deceit unto his majesty for the Lord Treasurer of England to contract with others for his majesty's customs, and secretly to reserve parts therein unto his own benefit; and when, as his lordship affirms, that he received the 100l. of the Farmers of the Wines and Currants, for a new-year's gift, it appeared also by the exami nations, That the said farmers did present his lordship with a tun of wine for his new-year's gift, and his lordship exacted the 1001. of them house being resumed, it was put to the question, "Whether the Lord Treasurer shail be free of censure, in this Charge of Grocery, or no?” And agreed, To be freed." afterwards; which divers of their lordships conceive to be extortion.' All which being fully discussed, the house was resumed, and the question was put, "Whether, upon this whole Charge, the Lord Treasurer be censurable, or The house being again adjourned ad lilitum, no?" and agreed generally, “To be censured." Mr. Attorey General read and her part of the The house being again adjourned ad libitum, ' Lord Treasurer's Charge, viz, the charge against Mr. Attorney General read that part of the him by the offices of the Ordnance. And Charge against the Lord Treasurer, which con- their lo d-hips having fully discussed the great cerned his procuring of Herriot to surrender neglect of the Lord Treasurer to i-sue the king's his lease of the farm of Sugars, which he held money for the furnishing of the king's stores at the rent of 10,000 marks per ann, to the of munitions, with armour and powder; and king, and for procuring a new lease thereof that yet he paid the arrear of debts to that immediately to two of his lordship's servants, office for his own particular profit upon a conto his own use, at 2,000l. per ann. and for de- tract with the said officers and having connying the merchants, upon their exportation of sidered his lor tship's great misd. meanors in the sugars, the imposts paid therefore upon the im- | bargains for the said lands of sir Roger Dallison portation, as his lordship ought to have done by extended for that debt; and his lordship's prothe directions of his majesty's letters patent of pounding, for part of payment thereof, the mak the 5th of December ann. 8 Jac.—Upon read- ing of baronets and a suit for compounding with ing whereof the Lord Keeper signified to their his majesty's copyholders of Wakefield. And lordships, That he had received a message from his lordship's answer, "That he preferred this the king touching this charge, viz. "That his suit unto the king, in pity of sir Tho. Mounmajesty did freely give unto the Lord Treasurer son's estate, a man heretofore of good account 4,000l. per ann. out of the said lease of Sugars, in his country, and now decayed;" which their the same to begin presently after the date lordships thought most sordid for a Lord Treathereof."--Their lordships taking into consider-surer to make use of to his own benefit: Aud ation, that this was the king's free gift, they did it appearing unto their lordships, That the said not think it fit to censure the Lord Treasurer Lord Treasurer had set on foot an old outlawry, for the same; although his lordship had unduly upon a debt long time since paid by the said informed his majesty of good services done in sir Roger Dallison; and that his lordship upon the office of the wardrobe, which his lordship pretence of a debt to the king where there was performed not, for which this lease of sugars none, procured a revocation of letters of adwas given him. Neither did his lordship in- ministration granted of sir Roger Dallison's form his majesty (for ought appears) that a debt goods; and had written his letter to the judges of 7000l. was installed upon that lease; the of the common pleas for the countenancing of which his lordship transferred to the farm of this indirect course, to wrest the said lease from tobacco. And as touching the denial of the the said sir Rd. Smith and sir John Davy, forimpost unto the merchants, upon the exporta-merly granted unto them by the said sir Roger: tion of sugars, for that his lordship affirms, That | All this being fully debated, the house was rethe under-farmers of the said sugars from him sumed and it was put to the question, "Wheare liable to the re-payment of the said im-ther the Lord Treasurer be worthy of censure posts, if any be due, their lordships did not think it fit to censure the Lord Treasurer for the same. And the house being resumed, the question was put, "Whether the Lord Treasurer shall be freed from any censure in this particular charge, or no?" And generally agreed, "To be freed." The house was again adjourned ad libitum, and Mr. Attorney General read that part of the charge against the Lord Treasurer, which concerns the composition for grocery wares in the city of Bristol, which city had refused to yield unto any composition for the same; and yet the Lord Treasurer had given warrant to levy the same against their wills, and to stay the entering of their goods until the same was paid accordingly. But for that it appeared, that the Lord Treasurer Dorset's letter, dated 1610, for levying the same composition, agreeth with the letter written by this Lord Treasurer; and for that divers of Bristol had paid the like composition; and for that it did not appear that the Lord Treasurer did thereby seck any benefit to himself, the lords did not think him fit to be censured for the same. Wherefore the in regard of this whole charge, both for the three bargains, and for not supplying, the office of the Ordnance?" and generally agreed "To be censured." The house was again adjourned ad libitum, and Mr. Attorney read the rest of the Charge against the Lord Treasurer touching the Court of Wards. And their lordships considering, that it was not proved by the examination of witnesses, that the secretary was appointed to take any fees for the said petitions, either for himself or for the Lord Treasurer; nor that the Lord Treasurer had made any benefit to himself for concealed wards by virtue of the said new instructions: Therefore their lordships thought his lordship not censurable for those two poin's of his charge. But as touching the doubling of fees of continuances of liveries, they thought his lordship worthy to be censured, both in respect of the grievance of the subject, and of his lordship's answer unto the same, viz. "It is the king's grace to the people, let them pay for it." And for that be delivered a stamp, unt his secretary, whereby he committed the great trust, reposed in him by his 50,000l. be sufficient to be imposed on the Lord majesty, unto his servant, not deigning to sign | May 13. The lords ordered the gentleman usher and the serjeant at arms, attending on that house, to summon the earl of Middlesex, Lord Treasurer of England, to appear presently before their lordships. The house being adjourned ad libitum, the clerk read the heads of the six Charges against the Lord Treasurer, and the six several votes of the house which were yesterday past upon the same. And their lordships having duly considered upon the proofs of bribery, extortions, oppressions, wrongs and deceits, objected against the Lord Treasurer, found the same to be most appa. rently proved. And, as to the allegations of the Lord Treasurer of his good and profitable services to the king; in the reformation of the king's household, of the navy, of the wardrobe, and the kingdom of Ireland, their lordships entering into debate thereof, it was made manifest to them, by many particulars then declared, That, as touching the reformation of the king's houshold, wardrobe, Ireland, he, the Lord Treasurer, had deserved very ill of his majesty, and, as touching the navy, though his lordship was but a commissioner with others, who were more skilful, and did more good than be, yet, be assumed to himself the whole glory thereof; and his manner was so to do, in all other business wherein his lordship and others were joined. SENTENCE against the Lord Treasurer. Then a Message was sent to the Commons, That the Lords were now ready to give Judg ment against the Lord Treasurer, if they, with their Speaker, will come and demand the same. Ans. That they will attend, presently, as the manner is. Accordingly, the Lords being all in their robes, to the number of 62, the Lord Treasurer was brought to the bar, by the gen tleman usher and the serjeant at arms; when his lordship making a low reverence, kneeled, until the lord keeper willed him to stand up. The Commons came in with their Speaker, and the serjeant attending him let down his mace, when the Speaker addressed himself to the lords as follows: "The knights, citizens, and burgesses in this parliament assembled, have,, heretofore, transmitted unto your lordships several offences against the right honourable Lionel, earl of Middlesex, Lord High Treasurer of England, for Bribery, Extortions, Oppressions, and other grievous Misdemeanors committed by his lordship; and now the Commons, by me their Speaker, demand Judgment against him for the same." The Lord Keeper answered, "This high court of parliament doth adjudge, That Lionel earl of Middlesex, now Lord Treasurer of England, shall lose all his offices which he holds in this kingdom; and shall, hereafter, be made incapable of any office, place, or employment in the state and commonwealth. That he shall be imprisoned in the Tower of London during the king's pleasure. That he shall pay unto our sovereign lord the king a fine of 50,000l. That he shall never sit in parlament any more, and that he shall never come within the verge of the court." The Lords also considered of the Lord Treasurer's allegation of his advancing the exchange of the king's money, sent to the Palatinate, for payment of the king's forces there; and it appeared unto them plainly, That his services therein deserved no such respect, as his lordship assumed unto himself; the soldiers of Frankendale being yet unpaid. Then the house being resumed, the first question was put, 1. "Whether the Lord Treasurer, in regard of these misdemeanors proved against him, shall lose all his offices which he holds in the kingdom, May 14. A committee of lords was apor no?" It was unanimously agreed, "That he pointed by the house to attend the king, and to should lose them all." 2. "Whether the Lord acquaint him with the Judgment awarded by Treasurer shall for ever, hereafter, be incapable the lords against the earl of Middlesex, and to of any office, place or employment, in the desire his majesty to take away the staff and state or common-wealth, or no?" Agreed, the seal of the Court of Wards from him.--"That he should be incapable of them all." 3. Ordered also, "That the king's counsel do "Whether he shall be imprisoned in the Tower draw up a bill, and present the same to the of London, during his majesty's pleasure, or house, to make the lands of the earl of Midno." Agreed, "For Imprisonment." 4. Whe- dlesex liable unto his debts; unto his fine to ther the Lord Treasurer for these offences shall the king; unto accounts to the king hereafter; pay a fine to the king, or no?" Agreed "to and to restitution to such whom he had wrong pay a fine." Then the house was adjourned aded, as shall be allowed by the house." Which libitum, that the lords might more freely discuss bill afterwards passed into a law, what fine to impose on the Lord Treasurer. And, being resumed, the fifth question was put by the lord keeper, 5. "Whether a fine of VOL. II, Lionel Cranfield, earl of Middlesex, who, from a low beginning, was, for his eminent qua 4 L |