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Sir Thomas More.

Life of Sir Thomas More.

His integrity in his office was sufficiently proved by the reduced state of his circumstances when he resigned the seals; but there are two or three anecdotes which will serve to illustrate this part of his character.

After his fall, the Earl of Wiltshire, the father of Anne Boleyne, preferred a complaint against him to the council for having taken a bribe from one Vaughan. Sir Thomas confessed that he had received the cup from the hands of Vaughan's wife, but immediately ordering the butler to fill it with wine, he drank to her, and when she had pledged him, says he, "as freely as your husband hath given this cup to me, even so freely give I the same to you again, to give to your husband for his new year's gift."

At another time one Gresham having a cause depending in Chancery, sent Sir Thomas a fair gilt cup, the fashion of which pleased him so well, that he caused one of his own, of more value to be delivered to the messenger for his master, nor would he receive it on any other condition.

Being presented by a lady with a pair of gloves, and forty pounds in angels in them, he said to her, " Mistress, since it were against good manners to refuse your new year's gift, I am content to take your gloves, but as for the lining, I utterly refuse it."

The following anecdote of More is given by Lord Bacon in his Essays:— A person who had a suit in Chancery sent him two silver flagons, not doubting of the agreeableness of the present. On receiving them, More called one of his servants, and told him to fill those two vessels with the best wine in his cellar and turning round to the servant who had presented them, "Tell your master,' replied the inflexible magistrate, "that if he approves my wine, I beg he would not spare it."

Presents made temp. Jac.

Sir Augustine Nicholls.

Before the time of Lord Bacon.-In Lloyd's life of Sir Augustine Nicholls, who was one of the judges in the time of James the First, he says, "He had exemplary integrity even to the rejection of gratuities after judgment given, and a charge to his followers that they came to their places clear handed, and that they should not meddle with any motions to him that he might be secured from all appearance of corruption.

When the charge was made against Lord Bacon, the following observation was made in the House of Commons, as appears in the Journals of Lunæ 26° Martii, 19° Jacobi.-Alford. That the Chancery hindereth commerce at home. Many things propounded about the Lord Chancellor. Thinketh he took gratuities; and the Lord Chancellor before, and others before him. Hath a ledgerbook, where 30s. given to a secretary, and 10l. to a Lord Chancellor, for his pains in hearing a cause. Will proceed from Chancellor to Chancery: will offer heads, to be considered by a committee. The Chancery to be confined to breach of trust, covin, and accident. Not to have our wills, or gift of lands, questioned, where no fraud.

That before the time of Lord Bacon it was customary to make presents to the Chancellor may, as it seems, be collected from the nature of the charges made against Lord Bacon, from which it appears that presents were made to him within a few hours after he was entrusted with the seals; that they were made publicly, and as a matter of course, by men of eminence who were counsel in the cause, and were made generally after the cause was decided, and by both parties to the suit, and had not any influence upon the judgment. Now as Lord Bacon held the great seals only four years, it is scarcely possible to sup pose that such a custom could, during this short interval, have originated, and thus extensively and deeply pervaded the profession.

That they were made openly appears from the following facts.

They were made by counsel in the cause and persons of eminence. In his answer to the 24th, 25th, and 26th charges in which the Chancellor was accused of having received presents from the companies of Grocers and Apothecaries, he says, "If I had taken it in the nature of a bribe, I knew it could not be concealed, because it must be put to the account of the three several companies." On the 20th of March Sir Richard Young said, in the House of Commons, that, when he attended upon my Lord Chancellor, Sir John Trevor's man brought a cabinet, and a letter to my Lord Chancellor, and entreated me to deliver it, which I did openly; and this was openly done, and this was all I knew of it. Sir Edward Coke said, "It was strange to him that this money should be thus openly delivered, and that one Gardner should be present at the payment of the £200.”

The Charges.

That it was customary for presents to be made by the suitors to the Chancellor in the time of Lord Bacon, may be collected from his lordship's answers to the charges which were preferred against him.

In the first charge, which was in the case of Egerton and Egerton, the cause was heard by the Chancellor, with the assistance of Lord Hobart, and the present was made some days after the decision was pronounced. Unless it was customary in these times to receive presents, why was the present made after the cause was decided? His words are: "I do confess and declare, that upon a reference from his majesty of all suits and controversies between Sir Rowland Egerton and Edward Egerton, both parties submitted themselves to my award by recognizances reciprocal in ten thousand marks apiece; thereupon, after divers hearings, I made my award with the advice and consent of my Lord Hobard; the award was perfected and published to the parties, which was in February. Then some days after the £300. mentioned in the charge was delivered unto me. Afterwards Mr. Edward Egerton fled off from the award; then in Midsummer term following a suit was begun in Chancery to have the award confirmed, and upon that suit was the decree made mentioned in the article.

The second charge is in the same cause. In the first charge the present was made on behalf of Rowland Egerton, one of the suitors. In the second charge it was made on behalf of Edward Egerton, the other suitor; and on his behalf the presents were made by men of eminence, Sir George Hastings, and Sir Richard Young, counsel in the cause, and members of parliament. Unless, therefore, it can be supposed that the whole bar could be accessary to crime, and that suitors could be so wild as to imagine that the judgments would be influenced by money presented by both parties, it seems to follow that it was customary to receive presents. It appears also in the Chancellor's answer to this second charge, that the presents were made soon after his coming to the seals, when presents were made by many. His words are: "I confess and declare, that soon after my first coming to the seal, being a time when I was presented by many, the £400. mentioned in the said charge was delivered unto me in a purse, and as I now call to mind from Mr. Edward Egerton, but as far as I can recollect, it was expressed by them that brought it to be for favours past, and not in respect of favours to come.'

To the third charge, which was the case of Hody and Hody, the present was also made after the decision, and made by Sir Thomas Perrott, who was, I suspect, counsel in the cause, and was a present of gold buttons worth £50. which, even if it had been before the decision, can scarcely be supposed to be the bribe that would be made to influence the judgment in a cause of great inheritance. His words are; "I confess and declare, that as it is laid in the charge, about a fortnight after the cause was ended it being a suit for a great inheritance there was gold buttons about the value of £50. as is mentioned in the charge presented unto me, as I remember by Sir Thomas Perrott and the party himself.”

In the fifth charge, which was in Sir Thomas Monck's case, the present was made three quarters of a year after the decree, and it was made by Sir Henry

Holmes, who was probably one of the counsel for Sir Thomas Monck. His words are: "I confess it to be true that I received a hundred pieces; but it was long after the suit ended, as is contained in the charge."

In the sixth charge, which was in the cause of Trevor and Ascue, the present was made by some person on the part of Sir John Trevor, and after issue directed, and was presented, as seems to have been customary, as a new year's gift. His words are: "I confess and declare, that I received as a new year's gift £100. from Sir John Trevor; and because it came as a new year's gift, I neglected to inquire whether the cause was ended or depending, but since I find that though the cause was then dismissed to a trial at law, yet the equity is reserved, so as it was in that kind pendente lite.

In the seventh charge, which was in the case of Holman and Young, the present was made either by Mr. Tobie Matthew or by Mr. Young, and made after the cause was ended. Mr. Tobie Matthew was the son of Dr. Matthew, Archbishop of York. He was an intimate friend of Lord Bacon's. He was a lover of intellectual pursuits, and translated Lord Bacon's Essays into Italian. He was a religious and conscientious man. He submitted to great privations for ten years (from 1607 to 1617) on account of his religious opinions, having been seduced by Father Parsons to the Catholic religion. He was knighted by King James, 1623.

Is it possible to suppose that such a man would have offered these presents, unless it was in compliance with a general custom? Is not Bishop Taylor right when, in his Essay on Friendship, he says, "He that does a base thing in zeal for his friend burns the golden thread that ties their hearts together."

His words are: "I confess and declare, that as I remember, a good while after the cause ended I received £100. either by Mr. Tobie Matthew, or from Young himself; but whereas I have understood that there was some money given by Holman to my servant Hatcher, to that certainly I was never made privy."

In the eighth charge, which was in the case of Fisher and Wrenham, a suit of hangings was given by Mr. Shute, who was I conceive counsel in the cause, and after the cause was decided. It was given towards finishing his house, as others, no ways suitors, did about that time present him. His words are: “I confess and declare that some time after the decree passed, I being at that time upon remove to York House, I did receive a suit of hangings of the value, I think, mentioned in the charge by Mr. Shute, as from Sir Edward Fisher, towards the furnishing of my house, as some others, that were no way suitors, did present me with the like about that time."

The 10th charge, which was in the cause of Vanlore, the fact of a loan of £1000. was so far from being a secret that Lord Bacon wrote to a friend about the king, stating that he owed the money, and wished it to be set off against a sum due from him for a fine. His words are: "I confess and declare, that I borrowed the money in the article set down, and that this is a true debt; and I remember well that I wrote a letter from Kew, about a twelvemonth since, to a friend about the king, wherein I desired, that whereas I owed Peter Vanlore £2000. his majesty would be pleased to grant me so much out of his fine set upon him in the Star Chamber.

The eleventh charge, which was in the cause of Scott and Lenthall, the present was made after the decree, by Mr. Shute, whom, as I have before stated, I conceive to have been counsel on behalf of Scott; and in the charge, which was in the same cause, a present was made by his servant Sherborn, on behalf of Sir John Lenthall, who seems not to have been an adverse party, but some third person who was benefited. His words are: "I confess and declare, that some fortnight after, as I can remember, that the decree passed, I received £200. as from Mr. Scott, by Mr. Shute; but precedent, promise, or transaction by Mr. Shute, certain I am I know of none."

The thirteenth charge, which was in the cause of Worth and Manwaring, which was a cause for a valuable inheritance, the present was made by Mr. Worth, some months after the cause was ended, which was ended not after conflict but by consent. His words are: "I confess and declare, that this

cause being a cause for inheritance of good value, was ended by my arbitrament and consent of parties, so a decree passed of course, and some months after the cause was ended, the £100. mentioned in the said article was delivered to me by my servant Hunt.

The fourteenth charge, which was in the cause of Sir Richard Hurdsley, the present was made by Mr. Tobie Matthew. His words are: "I confess and declare that there were two decrees, one, as I remember, for the inheritance, and the other for the goods and chattels, but all upon one bill; and some good time after the first decree, and before the second, the said £500. was delivered unto me by Mr. Tobie Matthew; so as I cannot deny but it was, upon the matter, pendente lite.

The sixteenth charge, which was in the cause of Aubrey and Brucker, the present was made by Sir George Hastings and Mr. Jenkins. His words are: "I do confess and declare that the sum was given and received, but the manner of it I leave to witnesses."

In the seventeenth charge, which was in Lord Montagu's cause, the present was made after the decree. His words are: "I confess and declare there was money given, and, as I remember, to Mr. Bevis Thelwall, to the sum mentioned in the article after the cause was decreed, but I cannot say it was ended; for there have been many orders since caused by Sir Francis Inglefield's contempts, and I do remember that when Thelwall brought the money, he said that my lord would be yet further thankful if he could once get his quiet, to which speech I gave little regard."

In the eighteenth charge, which was in the cause of Drunck, the present was made by Mr. Thelwall, as it seems after the decree. His words are: "I cou fess and declare that it was delivered by Mr. Thelwall to Hatcher, my servant, for me, as I think sometime after the decree, but I cannot precisely inform myself of the time."

In the nineteenth charge, which was in the cause of Reynell and Pencival, the present of £200. was made by Sir George Reynell, a near relation, before any suit commenced, at his first coming to the seals: a diamond ring, pendente lite, as a new year's gift. His words are: "I confess and declare, that at my first coming to the seal, when I was at Whitehall, my servant Hunt delivered to me £200. from Sir George Reynell, my near ally, to be bestowed upon furniture of my house; adding, further, that he had received divers former favours from me, and this was, as I verily think, before any suit begun; the ring was certainly received pendente lite, and though it were at New Year's tide, it was of too great a value for a New Year's gift, though, as I take it, nothing near the value mentioned in the charge."

The twentieth charge, which was the cause of Peacock, the present was made, at Lord Bacon's first coming to the seal, and when no suit was pending. His words are: "6 I confess and declare, that I received of Mr. Peacock £100. at Dorset House, at my first coming to the seal, as a present, at which time no suit was begun; and at the summer after, I sent my then servant Lister to Mr. Rolfe, my good friend and neighbour at St. Albans to use his means with Mr. Peacock, who was accounted a monied man for the borrowing of £500. and after by my servant Hatcher for borrowing of £500. more, which Mr. Rolfe procured; and told me at both times it should be without interest, script, or note, and that I should take my own time for payment of it."

In the twenty-second charge, which was in the cause of Raswell, the present was made months after the decree, which was made with the assistance of two judges. His words are: "I confess and declare that I received money from my servant Hunt, as from Mr. Raswell, in a purse; and whereas the sum in the article being indefinite, I confess it to be £300. or £400., and it was about some months after the cause was decreed; in which decree I was assisted by two of the judges."

In the twenty-third charge, which was in the cause of Barker, the present was made some time after the decree. His words are: "I confess and declare, that the sum mentioned in the article was received from Mr. Barker some time after the decree passed."

VOL. XV.

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In the twenty-fourth, twenty-fifth, and twenty-sixth charges, which were in a cause between the companies of Grocers and Apothecaries, presents were made by both parties, and after the cause was terminated; and in this case it is clear it was considered a public act. He admits the several sums to have been received of the three parties, but alleges, "that he considered those presents as no judicial business, but a concord of composition between the parties and as he thought they had all three received good, and they were all common purses, he thought it the less matter to receive what they voluntarily presented; for if he had taken it in the nature of a bribe, he knew it could not be concealed, because it must be put to the account of the three several companies.”

Des Cartes.

Hence Des Cartes, in his History of England, says: "Coke was not yet ashamed to accuse Bacon of corruption for what had been done by all his predecessors without reproach. It had been a practice, perhaps from the time that our kings had ceased to take money for the purchase of writs, to sue in their courts, for suitors to make presents to the judges who sat in them, either in New Year's tide, or when their causes were on the point of coming to an hearing it was a thing of course, not considered in the nature of a bribe, being universally known, and deemed an usual or honorary perquisite. Mr. Alford, one of the most eminent members in the House of Commons observed, "That in the leiger books of his family there were entries of 30s. paid to a secretary, and £10. to a Lord Chancellor for his pains in hearing a cause, and that this passed from Chancellor to Chancellor: it seems indeed generally allowed that former Chancellors had received the like gratuities as were given to Bacon. A blot is none till it is hit, but it was now made use of to ruin the present Chancellor, who had been charged in vain by Coke as one of the referees of Mompressin's patents whilst he was attorney; but he, not appearing to have been of the number, got clear of that accusation, either for this reason, or because it was not thought proper to prosecute the others.

Proof that it was the custom of the times for similar presents to be made to other

statesmen.

To Sir Robert Cecil.

Sir,—Your honour knoweth my manner is, though it be not the wisest way, yet taking it for the honestest, to do as Alexander did by his physician in drinking the medicine and delivering the advertisement of suspicion; so I trust on, and yet do not smother what I hear. I do assure you, sir, that by a wise friend of mine, and not factious toward your honour, I was told with asseveration, that your honour was bought by Mr. Coventry for 2000 angels; and that you wrought in a contrary spirit to my lord your father. And he said further, that from your servants, from your lady, from some counsellors that have observed you in my business, he knew you wrought under hand against me. The truth of which tale I do not believe; you know the event will show, and God will right. But as I reject this report, (though the strangeness of my case might make me credulous,) so I admit a conceit that the last messenger my lord and yourelf used, dealt ill with your honours; and that word (speculation) which was in the Queen's mouth rebounded from him as a commendation, for I am not ignorant of those little arts. Therefore, I pray, trust not him again in my matter. This was much to write, but I think my fortune will set me at liberty, who am weary of asserviling myself to every man's charity. Thus, I, &c.

By the following letters it appears that similar presents were made to other

statesmen:

Foulke Grevill, Esq. to Mr. Francis Bacon.

Mr. Francis Bacon,-Saturday was my first coming to the court, from whence I departed again as soon as I had kissed her majesty's hands, because I had a lodging nearer than my uncle's, which is four miles off. This day I came

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