tenuate, and ingenuously confess what I can neither clear nor extenuate. And if there be any thing which I mought conceive to be no offence, and yet is, I desire to be informed, that I may be twice penitent, once for my fault, and the second time for my error, and so submitting all that I am to your majestie's grace, I rest.—20th April, 1621.

A Speech touching the recovering of Drowned Mineral Works, prepared for the Parliament (as Mr. Bushel affirmed) by the Viscount of St. Albans, then Lord High Chancellor of England.

My lords and gentlemen,-The king, my royal master, was lately (graciously) pleased to move some discourse to me concerning Mr. Sutton's Hospital, and such like worthy foundations of memorable piety: which humbly seconded by myself, drew his majesty into a serious consideration of the mineral treasures of his own territories, and the practical discoveries of them by way of my philosophical theory: which he then so well resented, that, afterwards, upon a mature digestion of my whole design, he commanded me to let your lordships understand, how great an inclination he hath to further so hopeful a work, for the honour of his dominions, as the most probable means to relieve all the poor thereof without any other stock or benevolence, than that which Divine bounty should confer on their own industries and honest labours, in recovering all such drowned mineral works as have been, or shall be, therefore, deserted.

And, my lords, all that is now desired of his majesty and your lordships, is no more than a gracious act of this present parliament to authorize them herein, adding a mercy to a munificence, which is, the persons of such strong and able petty-felons, who, in true penitence for their crimes, shall implore his majesty's mercy and permission to expiate their offences by their assiduous labours, in so innocent and hopeful a work.

For, by this unchangeable way (my lords) have I proposed to erect the academical fabric of this island's Salomon's House, modelled in my New Atlantis. And I can hope (my lords) that my midnight studies to make our countries flourish and outvy European neighbours in mysterious and beneficent arts, have not so ingratefully affected the whole intellects, that you will delay or resist his majesty's desires, and my humble petition in this benevolent, yea, magnificent affair; since your honourable posterities may be inriched thereby, and my ends are only, to make the world my heir, and the learned fathers of my Salomon's House, the successive and sworn trustees in the dispensation of this great service, for God's glory, my prince's magnificence, this parliament's honour, our countries general good, and the propagation of my own memory.

And I may assure your lordships, that all my proposals in order to this great architype, seemed so rational and feasable to my royal sovereign, our Christian Salomon, that I, thereby, prevailed with his majesty to call this honourable parliament, to confirm and impower me in my own way of mining, by an act of the same, after his majesty's more weighty affairs were considered in your wisdoms; both which he desires your lordships, and you gentlemen that are chosen as the patriots of your respective countries, to take speedy care of: which done, I shall not then doubt the happy issue of my undertakings in this design, whereby concealed treasures, which now seem utterly lost to mankind, shall be confined to so universal a piety, and brought into use by the industry of converted penitents, whose wretched carcases the impartial laws have, or shall dedicate, as untimely feasts, to the worms of the earth, in whose womb those deserted mineral riches must ever lie buried as lost abortments, unless those be made the active midwives to deliver them. For, my lords, I humbly conceive them to be the fittest of all men to effect this great work, for the ends and causes which I have before expressed.

All which, my lords, I humbly refer to your grave and solid judgments to conclude of, together with such other assistances to this frame, as your own oraculous wisdom shall intimate for the magnifying our Creator, in his inscrutable Providence, and admirable works of nature.

VOL. XV.

25

Memoranda of what the Lord Chancellor intended to deliver to the King, April 16, 1621, upon his first access to his Majesty after his troubles.

That howsoever it goeth with me, I think myself infinitely bound to his majesty for admitting me to touch the hem of his garment; and that, according to my faith, so be it unto me. That I ought also humbly to thank his majesty for that, in that excellent speech of his, which is printed, that speech of so great maturity, wherein the elements are so well mingled, by kindling affection, by washing away aspersion, by establishing of opinion, and yet giving way to opinion, I do find some passages which I do construe to my advantage.

And lastly, that I have heard from my friends, that notwithstanding these waves of information, his majesty mentions my name with grace and favour.

In the next place, I am to make an oblation of myself into his majesty's hands, that, as I wrote to him, I am as clay in his hands, his majesty may make a vessel of honour or dishonour of me, as I find favour in his eyes; and that I submit myself wholly to his grace and mercy, and to be governed both in my cause and fortunes by his direction, knowing that his heart is inscrutable for good. Only I may express myself thus far, that my desire is, that the thread, or line, or my life, may be no longer than the thread, or line of my service: I mean, that I may be of use to your majesty in one kind or other.

Now for any further speech, I would humbly pray his majesty, that whatsoever the law of nature shall teach me to speak for my own preservation, your majesty will understand it to be in such sort, as I do nevertheless depend wholly upon your will and pleasure. And under this submission, if your majesty will graciously give me the hearing, I will open my heart unto you, both touching my fault and fortune.

For the former of these, I shall deal ingenuously with your majesty, without seeking fig-leaves, or subterfuges.

There be three degrees or cases, as I conceive, of gifts and rewards given to a judge.

The first is of bargain, contract, or promise of reward, pendente lite. And this is properly called venalis sententia, or baratria, or corruptele munerum. And of this my heart tells me I am innocent; that I had no bribe or reward in my eye or thought when I pronounced any sentence or order.

The second is a neglect in the judge to inform himself, whether the cause be fully at an end, or no, what time he receives the gift; but takes it upon the credit of the party that all is done, or otherwise omits to inquire.

And the third is, when it is received sine fraude, after the cause ended, which it seems by the opinion of the civilians is no offence. Look into the case of simony, &c.

Draught of another paper to the same purpose.

There be three degrees or cases of bribery, charged or supposed in a judge: The first, of bargain or contract, for reward to pervert justice.

The second, where the judge conceives the cause to be at an end, by the information of the party, or otherwise, and useth not such diligence as he ought to inquire of it. And the third, when the cause is really ended, and it is sine fraude, without relation to any precedent promise.

Now if I might see the particulars of my charge, I should deal plainly with your majesty, in whether of these degrees every particular case falls. But for the first of them, I take myself to be as innocent as any born upon St. Innocent's day in my heart. For the second, I doubt in some particulars I may be faulty. And for the last, I conceived it to be no fault; but therein I desire to be better informed, that I may be twice penitent; once for the fact, and again for the error. For I had rather be a briber, than a defender of bribes.

I must likewise confess to your majesty, that at New-year's tides, and likewise at my first coming in (which was, as it were my wedding), I did not so precisely, as perhaps I ought, examine whether those that presented me had causes before me yea or no. And this is simply all that I can say for the present concerning my charge, until I may receive it more particularly. And all this

while, I do not fly to that, as to say that these things are vitia temporis, and not vitia hominis.

For my fortune, summa summorum with me is, that I may not be made altogether unprofitable to do your majesty's service or honour. If your majesty continue me as I am, I hope I shall be a new man, and shall reform things out of feeling, more than another can do out of example. If I cast part of my burden, I shall be more strong and delivré to bear the rest. And, to tell your majesty what my thoughts run upon, I think of writing a story of England, and of recompiling of your laws into a better digest.

But to conclude, I most humbly pray your majesty's directions and advice. For as your majesty hath used to give me the attribute of care of your business, so I must now cast the care of myself upon God and you.

17th April.

The Lord Treasurer signified, that in the interim of this cessation, the Lord Chancellor was an humble suitor unto his majesty, that he might see his majesty and speak with him; and although his majesty, in respect of the Lord Chancellor's person, and of the place he holds, might have given his lordship that favour, yet, for that his lordship is under the trial of this house his majesty would not on the sudden grant it.

That, on Sunday last, the king calling all the lords of this house which were of his council before him, it pleased his majesty to shew their lordships what was desired by the Lord Chancellor, demanding their lordships' advice therein.

The lords did not presume to advise his majesty; for that his majesty did suddenly propound such a course as all the world could not advise a better; which was, that his majesty would speak with him privately.

That yesterday, his majesty admitting the Lord Chancellor to his presence, his lordship desired that he might have a particular of those matters wherewith he is charged before the lords of this house; for that it was not possible for him, who past so many orders and decrees in a year, to remember all things that fell out in them; and that, this being granted, his lordship would desire two requests of his majesty. 1. That, where his answers should be fair and clear to those things objected against him, his lordship might stand upon his innocency. 2. Where his answer should not be so fair and clear, there his lordship might be admitted to the extenuation of the charge; and where the proofs were full, and undeniable, his lordship would ingenuously confess them, and put himself upon the mercy of the lords.

Unto all which his majesty's answer was, he referred him to the lords of this house, and thereof his majesty willed his lordship to make report to their lordships.

It was thereupon ordered, that the Lord Treasurer should signify unto his majesty, that the lords do thankfully acknowledge this his majesty's favour, and hold themselves highly bound unto his majesty for the same.

Jurati in causa Domini Cancellarii :

Sir Thomas Middleton, Knt.

Edmond Phellipps.

John Bawbury.

Thomas Foones.

John Parkinson.

Gabriel Sheriff.

Jo. Kellett.

William Compton.

Jo. Childe.

Thomas Knight.

Thomas Hasellfoote.

Henry Ashton.

Raphe Moore.

Robert Bell.

William Spyke.
Richard Peacock.

Christopher Barnes.

Agreed the Lords' committees to prepare the examinations against the Lord Chancellor.

Moved by the Lord Hunsdon, and ordered by the house, that the Lord Chief Justice do every morning, before the adjournment of the court, cause the names of the Lords' committees, appointed to meet that day in the afternoon, to be read by the clerk.

Moved by the Earl of Arundel, that the three several committees, in causa Domini Cancellarii do make their report to-morrow morning of the examinations by them taken touching the Lord Chancellor; and the clerk to produce the examinations in that cause taken in court, to the end their lordships may give the Lord Chancellor such particulars of his charge as their lordships shall judge fit. Dominus Capitalis Justiciarius, locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, decimum nonum diem Aprilis, Dominis sic decernentibus.

19th April.

Die Jovis, videlicet, 19° die Aprilis, Domini tam spirituales quam temporales, quorum nomina subscribuntur, præsentes fuerunt:

Archiepus. Cant.

p. Carolus Princeps Walliæ, etc.

p. Archiepus. Eborum. Epus. London.

p. Jac. Ley, Miles et Bar. Ds.
Capit. Justic. Locum tenens,
&c.

The Earl of Arundel shewed, that (according to the order of the house, 27 Martii) his lordship and the other lords joined in committee with him, have examined divers, in causa Domini Cancellarii. The which examination he delivered unto Mr. Baron Denham, who attended the lords of that committee.

The Earl of Huntingdon declared, that his lordship, and the other lords joined in committee with him, had also examined divers touching the same cause; the which examinations his lordship delivered unto Mr. Serjeant Crewe, who attended the lords of that committee.

The Earl of Southampton declared, that his lordship, and the other lords joined in committee with him, had also taken divers examinations touching the same cause; the which his lordship delivered to Mr. Attorney General.

Mr. Baron Denham (coming to the clerk's table) stood and read the examination taken by the Earl of Arundel, and the lords joined with his lordship, viz. the examinations of

Sir George Hastings, knt.

Sir Richard Yonge, knt.

Bevis Thelwall.

Sir William Bronker, knt.

Mr. Serjeant Crewe, in like manner, read the examinations taken by the Earl of Huntingdon, and the lords joined with his lordship, viz.

The examination of Christopher Awbrey.

A letter written by Christopher Awbrey to the Lord Chancellor, dated 22nd Nov. 1619.

One letter written by him to the Lord Chancellor, dated the 21st of June, 1620; and one other letter written by him to the Lord Chancellor, dated 19th July, 1620.

The examinations of Ralph Merefill, Scrivener, and Tristram Woodward. Mr. Attorney General, in like manner, read first the brief of the examinations taken by the Earl of Southampton, and the lords joined with his lordship; and then the examinations, viz. of

Sir Rowland Egerton, knt.
The Lady Dorothee Wharton.
Richard Keeling.

Anthony Gardiner.

Sir Thomas Perient, knt.

Sir Henry Elmes, knt.

Sir Edward Fisher, knt.

James Kennedy.

Peter Vanlor.

John Churchill.

Sir Ralph Hansby, knt.

William Compton.

Robert Johnson, Alderman of

London.

Samuel Jones.

Sir Thomas Midleton, knt.
John Bunbury.
John Kellet.
Gabriel Sheriff.
Richard Scott.
John Childe.

Henry Ashton.

Thomas Hasellwood.

Ralph More.

Thomas Knight.

Robert Bell.

William Spight.

Richard Peacock.

These letters and orders were also read, viz.

One letter, dated the 14th March, 1618, written by the Lord Chancellor to the company of Vintners.

An order made by the Lord Chancellor to relieve the English merchants of Vintners, dated 20th April.

Order of reference by the Lord Chancellor to Sir Thomas Love, dated 9th May, 1619.

Another letter of the Lord Chancellor to the Vintners, dated 9th June, 1619.

These examinations being read, the Earl of Southampton signified, that Sir Thomas Smith, knt. being to be examined in this business of the vintners, is sick of the gout. His lordship also declared, that his lordship, and the lords committees joined with him, have heard a public fame and report, how that the Lord Chancellor, having ordered matters in open court, did afterwards alter and reverse the same orders upon petitions; that their lordships, in the time of this cessation, being desirous to know the truth thereof, sent for the registers of the Chancery (who then were in the country); and now, upon their return, they have, upon search, found out some such orders, altered and reversed upon petitions, and required a longer time to search for more; and then the said registers will give their lordships more full satisfaction therein. The which was generally approved of by the house.

The clerk read the examinations taken here in open court:

In causa Domini Cancellarii, viz. of

It was agreed, that, forasmuch as these examinations were taken by three several committees, and some were taken here in the house, and the examinations of the one spake of some of the same things taken by the other; that the three committees do meet together (attended by the King's counsel) to make one

brief of all these examinations.

Agreed also, that the three committees, in causa Domini Cancellarii, do continue to receive complaints, and take examinations in the same cause; and that their lordships meet this afternoon, in the Little Committee Chamber, after the conference with the Commons.

Dominus Capitalis Justiciarius, locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 24m instantis Aprilis, Dominis sic decernentibus.

April 20.

To the King.

It may please your most excellent majesty,-I think myself infinitely bounden to your majesty, for vouchsafing me access to your royal person, and to touch the hem of your garment. I see your majesty imitateth him that would not break the broken reed, nor quench the smoking flax; and as your majesty imitateth Christ, so I hope assuredly my lords of the upper house will imitate you, and unto your majesty's grace and mercy, and next to my lords, I recommend myself. It is not possible, nor it were not safe, for me to answer particulars till I have my charge; which when I shall receive, I shall, without fig leaves or disguise, excuse what I can excuse, extenuate what I can extenuate, and ingenuously confess what I can neither clear nor extenuate. And if there be any thing which I might conceive to be no offence, and yet is, I desire to be informed, that I may be twice penitent, once for my fault, and the second time for my error, and so submitting all that I am to your majesty's grace, I rest.

April 20, 1621.