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“ Lastly, I assure myself, your lordships have a noble feeling of me, as a member of your own body, and one that, in this very session, had some taste of your loving affections, which, I hope, was not a lightening before the death of them, but rather a spark of that grace, which now in the conclusion will more appear.
And therefore my humble suit to your lordships is, that my penitent submission may be my sentence, and the loss of the seal my punishment; and that your lordships will spare any further sentence, but recommend me to his majesty's grace and pardon for all that is past. God's holy spirit be amongst you. Your Lordships' humble servant and suppliant, April 22, 1621.
“ FR. ST. ALBAN, Canc.” The which submission being read, first by the clerk, and afterwards repeated by the Lord Chief Justice ; the house was adjourned ad libitum, to the end, the whole house being a committee, it might be the better debated, whether the said submission were a sufficient confession for the lords to ground their censure on.
Their lordships being all agreed that the Lord Chancellor's submission gave not satisfaction to their lordships, for that his lordship’s confession therein was not fully nor particularly set down, and for many other exceptions against the submission itself, the same in sort extenuating his confession, and his lordship seeming to prescribe the sentence to be given against bim by the house ; their lordships resolved, that the Lord Chancellor should be charged particularly with the briberies and corruptions complained of against him, and that his lordship should make a particular answer thereunto; but whether his lordship shall be brought to the bar, to hear the charge, or that, respect being had to his person (as yet having the King's great seal), the charge shall be sent unto his lordship in writing, it was much debated.
And the Lord Chief Justice returning to the Lord Chancellor's place, his lordship put it to the question, viz. whether the charge shall be sent to the Lord Chancellor in writing, or the Lord Chancellor brought to the bar, to bear the same; and agreed, by most voices, the charge to be sent to his lordship.
Memorandum, That during the time the whole house was a committee, the collections of corruptions charged upon the Lord Chancellor, and the proofs thereof made by the three committees according to the order of the 19th April instant, was read by Mr. Attorney General.
And the said collection (without the proofs) was now first read by Mr. Attorney, and then sent to the Lord Chancellor by Mr. Baron Denham, and him the said Attorney General, with this message from their lordships : That the Lord Chancellor's confession is not fully set down by his lordship in the said submission, for three causes : 1. His lordship confesseth not any particular bribe nor corruption. 2. Nor sheweth how his lordship heard of the charge thereof. 3. The confession, such as it is, is afterwards extenuated in the same submission ; and therefore the lords have sent him a particular of the charge, and do expect his answer to the same with all convenient expedition.
Here followeth the said collection, viz. Corruptions charged upon the Lord Chancellor, with the proofs thereof.
1. In the cause between Sir Rowland Egerton, knt. and Edward Egerton, the Lord Chancellor received five hundred pounds, on the part of Sir Rowland Egerton, before he decreed the same; proved by the depositions of Sir Rowland Egerton : of John Brooke, who deposeth to the providing of the money, of purpose to be given to the Lord Chancellor, and that the same is delivered to Mr. Thelwall, to deliver to the Lord Chancellor : of Bevis Thelwall, who delivered the five hundred pounds to the Lord Chancellor.
He received from Edward Egerton, in the said cause, four hundred pounds; proved by the depositions of Sir Richard Yonge, knight, Sir George Hastings, knight, Rolphe Merefeild, and Tristram Woodward.
2. In the cause between Hody and Hody, he received a dozen of buttons, of the value of fifty pounds, a fortnight after the cause was ended ; proved by the depositions of Sir Thomas Perient, knight, and John Churchill, who speaks of a greater value, by the report of Hody.
3. In the cause between the Lady Wharton, and the coheirs of Sir Francis Willoughby, he received of the Lady Wharton three hundred and ter pounds; proved by the depositions of the Lady Wharton, Richard Keeling, and Anthony Gardiner.
4. In Sir Thomas Muncke's cause, he received from Sir Thomas, by the hands of Sir Henry Helmes, an hundred and ten pounds; but this was three quarters of a year after the suit; proved by the deposition of Sir Henry Helmes.
5. In the cause between Sir John Trevor and Ascue, he received, on the part of Sir John Trevor, an hundred pounds, proved by the depositions of Richard Keeling.
6. In the cause between Holman and Yong, he received of Yong an hundred pounds, after the decree made for him; proved by the depositions of Richard Keeling.
7. In the cause between Fisher and Wrenham, the Lord Chancellor, after the decree passed, received from Fisher a suit of hangings, worth an hundred and sixty pounds and better, which Fisher gave by the advice of Mr. Shute; proved by the deposition of Sir Edward Fisher.
8. In the cause between Kennedey and Vanlore, he received from Kennedey a rich cabinet, valued at eight hundred pounds; proved by the deposition of James Kennedey.
9. He borrowed of Vanlore a thousand pounds, upon his own bond, at one time, and the like sum at another time, upon his lordship's own bill, subscribed by Mr. Hunt, his man; proved by the depositions of Peter Vanlore.
10. He received of Richard Scott two hundred pounds after his cause was ended; but, upon a precedent promise, all which was transacted by Mr. Shute ; proved by the deposition of Richard Scott.
He received, in the same cause, on Sir John Lenthall’s part, a hundred pounds; proved by the deposition of Edward Shereborne.
11. He received of Mr. Wroth a hundred pounds, in respect of the cause between him and Şir Arthur Mainewaring ; proved by the depositions of John Churchill and John Hunt.
12. He received of Sir Ralph Hansby, having a cause depending before him, five hundred pounds; proved by the depositions of Sir Ralph Hansby.
13. William Counton, being to have an extent for a debt of twelve hundred pounds, the Lord Chancellor staid it, and wrote his letter, upon which part of the debt was paid presently, and part at a future day; the Lord Chancellor hereupon sends to borrow five hundred pounds; and, because Counton was to pay to one Huxley four hundred pounds, his lordship requires Huxley to forbear it for six months, and thereupon obtains the money from Counton. The money being unpaid, suit grows between Huxley and Counton in Chancery, where his lordship decrees Counton to pay Huxley the debt, with damages and costs, where it was in his own hands; proved by the depositions of William Counton.
14. In the cause between Sir William Bronker and Awbrey, the Lord Chancellor received from Awbrey an hundred pounds; proved by the depositions of Christopher Awbrey, Sir George Hastings, and the leiters to the Lord Chancellor from Awbrey.
15. In the Lord Mountague's cause, he received from the Lord Mountague six or seven hundred pounds, and more was to be paid at the ending of the cause ; proved by the depositions of Bevis Thelwall.
16. In the cause of Mr. Dunch, he received from Mr. Dunch two hundred pounds; proved by the depositions of Bevis Thelwall.
17. In the cause between Reynell and Peacock, the Lord Chancellor received from Reynell two hundred pounds, and a diamond ring worth five or six hundred pounds; proved by the depositions of John Hunt and Sir George Reynell.
He took of Peacock an hundred pounds, and borrowed a thousand pounds, without security, interest, or time of re-payment; proved by the depositions of William Peacock and James Rolf.
18. In the cause between Smithwick and Wych, he received from Smithwick
two huudred pounds, which was repaid ; proved by the depositions of John Hunt.
19. In the cause of Sir Henry Russwell, he received money from Russwell ; but it is not certain how much ; proved by the depositions of John Hunt.
20. In the cause of Mr. Barker, the Lord Chancellor received from Barker seven hundred pounds; proved by the depositions of Robert Barker and Edward Shereburne.
21. There being a reference from his majesty to his lordship of a business between the Grocers and Apothecaries of London, he received of the Grocers two hundred pounds; proved by the depositions of Sir Thomas Midleton, Alderman Johnson, and John Bunbury.
He received in the same cause of the Apothecaries, that stood with the Grocers, a taster of gold, worth between forty or fifty pounds, together with a present of ambergrease; proved by the depositions of Sir Thomas Midleton and Samuel Jones.
He received of the new company of A pothecaries, that stood against the Grocers, an hundred pounds ; proved by the depositions of John Kellet and Gabriel Sheriff.
22. He took of the French merchants a thousand pounds, to constrain the Vintners of London to take from them fifteen hundred tuns of wine ; proved by the depositions of Robert Bell, William Spright, and Richard Peacock. To accomplish which, he used very indirect means, by colour of his office and authority, without bill or suit depending; terrifying the vintners, by threats and imprisonments of their persons, to buy wines, whereof they had no need nor use, at higher rates than they were vendible ; proved by the depositions of John Child, Henry Ashton, Thomas Haselfote, Raphe Moore, Thomas Knight, and his own letters and orders.
23. The Lord Chancellor hath given way to great exactions by his servants, both in respect of private seals, and likewise for sealing of injunctions, and otherwise ; proved by the depositions of Thomas Manwood and Richard Keeling.
Dominus Capitalis Justiciarius, locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in diem crastinum, viz. 25" diem instantis Aprilis, hora 2a post meridiem, Dominis sic decerneutibus.
25th April. Die Mercurii, viz. 25° die Aprilis, post meridiem, Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
p. Carolus, Princeps Walliæ, &c. Mr. Baron Denham and Mr. Attorney General reported, that they did yesterday (according to the direction of the house), deliver unto the Lord Chancellor the charge of his lordship’s corruption, &c. in writing, and required his lordship's answer, who said he would return the lords an answer. Memorandum, that the Lord Chief Justice received a letter from the Lord Chancellor, directed thus : “Unto Sir James Ley, Knight, Lord Chief Justice of the King's Bench, and supplying the place of the Lord Chancellor in parliament by commission.” Of which letter the lords would take no notice, because it was directed to the Lord Chief Justice, and not to the house.
And the Earl of Southampton moved, that the house be not concluded with this answer returned from the Lord Chancellor, viz. that he will return answer with speed, but to require and receive a direct answer from his own mouth. And it was much argued amongst the lords, in what manner this shall be done, whether here at the bar, or no ; for the freer discussing whereof, the house was adjourned ad libitum.
Their lordships being resolved thereof, the Lord Chief Justice returned to the place of the Lord Chancellor; and then their lordships agreed to send a message unto the Lord Chancellor to this effect, by Mr. Baron Denham and Mr. Attorney General, viz. The lords have received a doubtful answer unto the message their lordships sent him yesterday ; and therefore they now send to him again, to
know of his lordship, directly and presently, whether his lordship will make his confession, or stand upon his defence.
Answer returned by the said messengers: The Lord Chancellor will make no manner of defence to the charge; but meaneth to acknowledge corruption, and to make a particular confession to every point, and after that an humble submission. But humbly craves liberty, that where the charge is more full than he finds the truth of the fact, he may make declaration of the truth in such particulars, the charge being brief, and containing not all circumstances.
The lords sent the same messengers back again unto the Lord Chancellor, to let his lordship know, that their lordships had granted him time until Monday next, the thirtieth of this April, ten in the morning, to send such confession and submission as his lordship intends to make.
The Lord Treasurer made report of the conference yesterday with the Commons, touching Sir John Benneit; the effect whereof was, that whereas the said Sir John Bennett
, Knight, Judge of the Prerogative Court of Canterbury, being directed by the law both what to do, and what fees to take, he did both contrary to the law, exacting extreme and great fees, and much bribery; some complaints against him were opened, with a request of the Commons, that they might send up more against him hereafter, if any came unto them.
26th April. Answer returned this day, from the Lord Chancellor, by Mr. Baron Denham and Mr. Attorney General : That yesterday they signified unto the Lord Chancellor, that the lords have (at his lordship's request) granted him Monday next to send such confession and submission as he intends to make. Unto which the Lord Chancellor answered, “ He will do it.”
30th April. The Lord Chief Justice signified unto the lords, that he received a letter from the Lord Chancellor, the which was read, viz.
" It may please your Lordships,–Whereas I received this morning your lordship's order for a writ of summons to parliament to the now Earl of Hertford, so it is, that upon Thursday night late, I received an absolute commandment, under his majesty's royal signature, to stay the writ until I receive his majesty's further pleasure therein ; with a clause, warranting me to give knowledge of this his majesty's commandment, if such a writ were required.
“Your Lordship’s humble servant, Fr. St. ALBAN, Canc. “ York House, 26th April, 1621.” Directed “ To the Right Honourable the Lords Spiritual and
Temporal, in the High Court of Parliament assembled.” The Lord Chief Justice also signified, that he had received from the Lord Chancellor a paper roll, sealed up, which was delivered to the clerk; and being opened, and found directed to their lordships, it was also read, which follows, in hæc verba : “ To the Right Honourable the Lords Spiritual and Temporal, in the High Court of Parliament assembled.
" The Confession and humble Submission of me, the Lord Chancellor. “ Upon advised consideration of the charge, descending into my own conscience, and calling my memory to account so far as I am able, I do, plainly and ingenuously confess, that I am guilty of corruption, and do renounce all defence, and put myself upon the grace and mercy of your lordships.
“ The particulars I confess and declare to be as followeth :
“ 1. To the first article of the charge, viz. in the cause between Sir Rowland Egerton and Edward Egerton, the Lord Chancellor received five hundred pounds on the part of Sir Rowland Egerton, before he decreed the cause : I do confess and declare, that upon a reference from his majesty, of all suits and controversies between Sir Rowland Egerton and Mr. Edward Egerton, both parties submitted themselves to my award, by recognizance reciprocal in ten thousand marks a-piece. Thereupon, after divers hearings, I made my award, with advice and consent of my Lord Hobart. The award was perfected and published to the parties, which was in February; then, some days after, the five hundred pounds 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 by Sir Rowland, to have the award confirmed ; and upon that suit was the decree made, which is mentioned in the article.
“ 2. To the second article of the charge, viz. in the same cause, he received from Edward Egerton four hundred pounds : I confess and declare, that, soon after my first coming to the seal (being a time when I was presented by many), the four hundred pounds mentioned in the charge was delivered unto me in a purse, and I now call to mind, from Mr. Edward Egerton; but, as far as I can remember, it was expressed by them that brought it to be for favours past, and not in respect to favours to come.
“ 3. To the third article of the charge, viz. in the cause between Hodie and Hodye, he received a dozen of buttons, of the value of fifty pounds, about a fortnight after the cause was ended : I confess and declare, that, as it is laid in the charge, about a fortnight after the cause was ended (it being a suit of a great inheritance), there were gold buttons about the value of fifty pounds, as is mentioned in the charge, presented unto me, as I remember, by Sir Thomas Perient and the party himself.
“ 4. To the fourth article of the charge, viz. in the cause between the Lady Wharton aud the co-heirs of Sir Francis Willoughby, he received of the Lady Wharton three hundred and ten pounds: I confess and declare, that I received of the Lady Wharton, at two several times (as I remember) in gold, two hundred pounds and an hundred pieces, and this was certainly pendente lite ; but yet I have a vehement suspicion that there was some shuming between Mr. Shute and the Register, in entering some orders, which afterwards I did distaste.
“ 5. To the fifth article of the charge, viz. in Sir Thomas Moncke's cause, he received from Sir Thomas Monk, by the hands of Sir Henry Helmes, an hundred and ten pounds; but this was three quarters of a year after the suit was ended : I confess it to be true, that I received an hundred pieces; but it was long after the suit ended, as is contained in the charge.
“ 6. To the sixth article of the charge, viz. in the cause between Sir John Treavor and Ascue, he received, on the part of Sir John Treavor, an hundred pounds : I confess and declare, that I received at New Year's-tide an hundred pounds from Sir John Treavor; 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.
“ 7. To the seventh article of the charge, viz. in the cause between Holman and Yonge, he received of Yonge an hundred pounds, after the decree made for him : I confess and declare, that, as I remember, a good while after the cause ended, I received an hundred pounds, either by Mr. Tobye Mathew, or from Yonge himself; but whereas I understood that there was some money given by Holman to my servant Hatcher, with that certainly I was never made privy.
“8. To the eighth article of the charge, viz. in the cause between Fisher and Turnham, the Lord Chancellor, after the decree passed, received from Fisher a suit of hangings, worth an hundred and sixty pounds and better, which Fisher gave by advice of Mr. Shute : 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 the like about that time.
“ 9. To the ninth article of the charge, viz. in the cause between Kenneday and Vanlore, he received a rich cabinet from Kenneday, prized at eight hundred