c. The Kings Laws the Laws of the Twelve Tables the Civil Law Laws made by the consent of the People or Decrees of the Senate and therein he was not absolute as in the other But out Chancellor or Keeper and their Praetor do do differ very much for the Praetor would at his Entry into that Office propound and publish certain Edicts which were Principles and Fountains out of which he would derive his Decrees but what Rules or General Notions the Lord Chancellor or Lord Keeper in England doth assign unto himself for Limitation of Equity and direction of his Conscience those lie hid and concealed in his own Breast so that neither the Man of Law nor Equity is able to inform his Client what is like to become of the Cause and consequently no man is able to know what is his own so that it may be said of this great Officer arm'd with this great Power as was said of Jeremiah's Figs Jer. 24.4 Those that were good were very good but those that were evil were exceeding evil For that Power if it be used according to the true intent and design of it is of Excellent use Optima corrupta sunt pessima but if abus'd it is the greatest oppression imaginable and that that Power hath been abused will appear by the next Section SECT V. Of the Corruptions and Mistakes of some Great Chancellors I Find in the Journal Book of the Lords House in the year 1620. and in the 19th year of King James that on the 19th of March in that year a Message was sent from the Lower House to the Lords importing That they had found Abuses in certain Eminent Persons about which they desired a Conference with their Lordships that such course might be taken as might stand with the Honour and Dignity of a Parliament which was agreed to by the Lords and the Conference was appointed to be that afternoon and the next day it was Reported to the Lords by the Lord Treasurer That at the Conference was deliver'd the desire of the Commons to inform their Lordships what they had found in their Inquiry after the Abuses of the Courts of Justice where after having highly commended the incomparable good parts of the then Lord Chancellor and magnified his place from whence Bounty Justice and Mercy were to be distributed to the Subject with which he was wholly Intrusted They declared that the Lord Chancellor was Accused of great Bribery and Corruption committed by him And instanced two Cases one concerning one Christopher Awbrey and the other concerning one Edward Egerton As to Awbrey the matter was That He having a Cause in Chancery between Him and Sir William Brunker Awbrey feeling some hard measure was advis'd to give the Lord Chancellor 100 l. which he deliver'd to his Council Sir John Hastings and He to the Chancellor but notwithstanding the business proceeding slowly Awbrey writ several Letters and deliver'd them to the Lord Chancellor but could never have any Answer from his Lordship but at last delivering another Letter his Lordship told him if he importun'd him he would lay him by the Heels As to Egerton's matter it was set out at large at the Conference and will appear by the substance of Egerton's Petition to the Lords the effect whereof amongst other things is as followeth That the said Edward Egerton being Vnmarried and Sickly he settled his Estate to the use of himself and the Heirs Males of his Body and for default of such Issue the Remainder to Sir John Egerton and his Heirs which Settlement was voluntarily made without any consideration paid for the same and with Power of Revocation and that Sir Rowland Egerton Son and Heir of the said Sir John Egerton had got the said Settlement into his hands and all the Petitioners Writings and that the late Lord Chancellor Elsemere had Decreed that Sir Rowland Egerton should have the manner of Wrinehal and Haywood Barnes being a great part of the Petitioners Inheritance worth 600 l. per Annum without any cause of Equity contain'd in the said Decree and that the Petitioner had made humble Suit to the Lord Viscount St. Albans then Lord Chancellor of England to have the benefit of a Subject to recover his Ancient Inheritance by Ordinary course of Law and that his Lordship took from the Petitioner 400 l. in Gold and 52 l. 10 s. in Silver Plate which Money was accepted of by the said Lord Chancellor saying withall That the Petitioner had not only Enrich'd him but laid a tye upon him to do the Petitioner Justice in his Rightful Causes and by great Oaths and Protestations drew the Petitioner to Seal an Obligation to his Lordship of ten thousand Marks to stand to his Lordships Award and that afterwards the Petitioner was divers times sent for by one Robert Sharpeigh then Steward of his Lordships Houshold and that the Petitioner was several times offer'd that if he would then presently pay 1100 l. in ready Money that is to say 1000 l. to his Lordship and 100 l. to Sharpeigh the Petitioner should have all his Lands Decreed to him which Money he could not readily pay and that afterwards the said Lord Chancellor did not only confirm unto the said Sir Rowland Egerton the Land which he then held of the said Petitioner's Inheritance being worth 600 l. per Annum but took away more Lands worth 15000 l. and Decreed the same to Sir Rowland Egerton who did not claim any Title thereto before the said Bond taken and Vnlawful Decree made and that he also Decreed the Bond should be Assigned to Sir Rowland Egerton And the Petitioner having spent 600 l. in Suits and being depriv'd of all his Evidences by the said Lord Chancellor and by the indirect practice of the said Sir Rowland He was likely to be utterly defrauded of all his Ancient Inheritance contrary to the common Justice of the Land unless reliev'd by their Lordships The Contents of which Petition the Petitioner made Oath to be true and he and Sharpeigh were further Examin'd touching the matter By the Journal of the Lords House for the 21st of March in the year 1600. It appears that there had been Information given to the House that there had been a Cause depending in Chancery between one Smithwicke and Wiche which was matter of Account and had been Referred to Merchants and the Merchants had Certified on Smithwick's behalf yet to obtain a Decree in the Cause he was told by one Burrough that was near to the Lord Chancellor that it must cost him 200 l. which he paid to the use of the Lord Chancellor yet his Lordship Decreed but one part of the Certificate Whereupon he treats again with Burrough who demands another 100 l. which Smithwick also paid to the use of the Lord Chancellor then his Lordship Referr'd the Accounts again to the Merchants who Certified again for Smithwick yet his Lordship Decreed the second part of the Certificate against Smithwick and the
first part which was formerly Decreed for him his Lordship made doubtful whereupon Smithwick Petition'd to the Lord Chancellor to have his Money again and he had it It appears further by the said Journal Books that several days were in a great part Employed in taking Examination of Witnesses in proving and detecting the Briberies and Corruptions of that Lord Chancellor which being ended and collected were order'd to be Transcrib'd with the Proofs and on the 24th of April following were order'd to be sent to his Lordship with a Message that the Lords requir'd his Answer with all convenient speed The Corruptions as they are mentioned to be prov'd in the Journal of the Lords House of the said 24th of April are as followeth That in the Cause between Sir Rowland Egerton and Edward Egerton his Lordship received on the part of Sir Rowland Egerton before he decreed for him 500 l. Item of Edward Egerton in the said Cause 400 l. Item in the Cause between Hodie and Hodie a dozen of Buttons after the Cause end ed of the value of 50 l. Item of the Lady Wharton 310 l. Item of Sir Tho. Munke 100 l. Item of Sir John Trevor 100 l. Item of one Young 100 l. Item of one Fisher 106 l. Item in the Cause of Kenday and Valore of Kenday a Cabinet worth 800 l. Of Valore borrow'd at two times 2000 l. Item in the Cause between Scot and Lenthall of Scot 200 l. Item of Lenthall 100 l. Item of one Wroth who had a Cause between him and one Mannering 100 l. Item of Sir Ralph Hansby 500 l. Item in the Lord Mountaine 's Cause of the Lord Mountaine and more promis'd at the end of the Cause 600 or 700 l. Item of one Mr. Dunch 200 l. Item in a Cause between Raynold and Peacock 200 l. in money and a Diamond Ring worth 5 or 600 l. 700 or 800 l. Item of Peacock 100 l. Item in a Cause of Barker 700 l. Item there being a reference from his Majesty to his Lordship of a business between the Grocers and Apothecaries he had of the Grocers 200 l. Of the Apothecaries besides a rich present of Ambergreece 150 l. Item of the French Merchants to constrain the Vintners of London to take 1500 Tuns of Wine to accomplish which he used very indirect means by colour of his Office and Authority without Bill or other Suit depending as threatning and imprisoning the Vintners for which he receiv'd of the Merchants 1000 l. Lastly That he had given way to great exactions by his Servants in respect of private Seals and sealing Injunctions By the journal-Journal-book of the 25th of the said month it appears that Baron Denham and Mr. Attorney-General reported their delivery of the Charge of the Lord Chancellors corruptions to his Lordship and that he said he would return the Lords an Answer whereupon the Lords soon after sent a message by Baron Denham and Mr. Attorney to know if he would make his Confession or stand to his Defence to which they brought answer That his Lordship would make no defence to the charge but meant to acknowledge corruption and to make a particular confession to every point and after that an humble submission but he humbly crav'd liberty that wherein the charge was 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 not containing all circumstances Whereupon the Lords sent the same Messengers back to him to let him know they had granted him time till Monday next being the 30th of April at 10 in the morning to send such Confession as his Lordship intended to make On the 30th of April the Lord Chief-Justice Leigh who then executed the place of Lord Chancellor in the Lords House signified to their Lordships that he had received a Letter and paper Roll sealed up which being delivered to the Clark of the Lords House and being opened found directed to their Lord ships it was read and began thus 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 an account so far as I am able I do plainly and ingeniously confess that I am guilty of Corruption and do renounce all defence and put my self upon the Grace and Mercy of your Lordships The particulars I do confess and declare to be as followeth To the first Article of the charge viz. in the Cause between Sir Rowland Egerton and Edward Egerton the Lord Chancellor received 500 l. on the part of Sir Rowland Egerton before he decreed the Cause I do confess and declare Upon a reference from his Majesty of all Suits and Controversies between Sir Rowland Egerton and Mr. Edward Egerton both parties submitted to my award by Recognizance reciprocally in 10000 Marks apiece and thereupon after divers hearings I made my award with advice and consent of my Lord Hobbart and the award was perfected and publish'd to the parties which was in February Then some days after the 500 l. mentioned in the charge was delivered to me Afterwards Mr. Edward Egerton fled from the award Then in Midsummer Term following a Suit was begun in Chancery by Sir Rowland to have the award confirm'd and upon that Suit was the Decree made which is mention'd in this Article To the second Article viz. That in the same Cause he received from Edw. Egerton 400 l. I confess and declare That soon after my first coming to the Seal being a time when I was presented by many the 400 l. 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 exprest by him that brought it to be for favours past and not in respect of favours to come To the third Article of the charge viz. in the Cause between Hodie and Hodie he receiv'd a dozen of Buttons of the value of 50 l. 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 great Inheritance there were Gold Buttons about the value of 50 l. as is mentioned in the charge presented unto me as I remember by Sir John Perient and the party himself Thus far it is verbatim as it is in the said Journal book and after the same form he proceeds and confesseth the receipt of all the money and other things in the charge and some particular sums more but with some little endeavours to extenuate the Crime as that the money was sent as a present after the Causes ended and confessed that he had imprisoned some of the Vintners because they refused to take off the French Wines and that it was a great fault in him that he
Bill legally exhibited especially where no corruption is prov'd He therefore most humbly beseecheth That he may have the liberty of a Subject and that he may not be concluded and a Decree submitted unto overthrown and the small remainder of his ancient Inheritance taken from him by Order of this Honourable House only upon a Petition He most humbly submits himself herein to your Lordships and will ever pray for your Honourable preservation This Petition being read and considered of these Lords viz. the Earl of Montgomery the Lord Bishop of Durham the Lord Say and Seal and the Lord Denny were appointed by the House to set down an Order in this Cause between William and George Matthews Die Sabbati vicesimo nono die Maii 1624. THe Lords Committees appointed yesterday in the afternoon to set down an Order in the Cause between William and George Matthews reported the same to the House in haec verba viz. THe Lords of Parliament do order That the Cause depending between Will. Matthews and George Matthews shall be reviewed in Chancery by the Lord Keeper assisted by such of the Lords of Parliament as shall be nominated by the House and by any two of the Judges whom the Lord Keeper shall name for which end the Lord Keeper is to be an humble Suitor unto his Majesty from the House for a Commission unto himself and the Lords that shall be named by the House for the said Review and final Determination of the Cause as to them shall appear Just and Equal And this the Lords desire may be done with all convenient speed The which Order being read the House approved thereof and these Lords were named by the House to be joyn'd in the said Commission with the Lord Keeper viz. the Lord Chamberlain the Earl of Montgomery the Earl of Bridgwater the Lord Bishop of Durham the Lord Bishop of Rochester the Lord Denny and the Lord Houghton and the House ordered the same Cause to be heard and determined accordingly in the beginning of the next Michaelmas Term. This agrees verbatim with the Records of the Lords House and pursuant thereunto the matter was review'd by these Commissioners and a Decree by them made in reversal of the Chancery-Decree as appears by the Registers Book of Orders in Chancery of Michaelmus and Hillary Term in the 22d year of King James Sir Edward Cooke in his Jurisdiction of Courts Anderson 2 part 163. to the same effect Title Chancery with greatapprobation reports several Cases of Decrees in Chancery referred to the Judges by Queen Elizabeth to be examined and amended and it is to be noted that his authority in that Case was sevenfold for when he wrote that Book he was very much incens'd against the King for being put out of his Chief Justiceship and set himself as much as he could against the Prerogative as appears by the whole current of that Book so that had there been any colour of denying the Queen this Power he had never cited those Cases without Objections It was not only practiced by Qu. Elizabeth and King James but also by King Charles the first as appears by an Order which I find in the said Registers Office in the Book of Entry of Orders there of the 22d of November in the 7th year of King Charles the first between one Sherbourn the Executor of one Munford the Executor of one Challener Plaintiff and one Townley and Forrest Defendants which begins thus THe matter upon his Majesties reference to the Right Honourable the Lord Keeper upon the humble Petition of the said Townley coming this day to be heard in the presence of Councel learned on both sides before his Lordship being assisted by Mr. Justice Hutton Mr. Justice Jones Mr. Justice Whitlock and Mr. Justice Harvey the Question appear'd to be Whether or how far the said Townley ought to be bound by the Decree made on the behalf of the said Munford for the sum of 17000 l. against the Defendant Townley in Case the Defendant Thomas Forrest should not pay the same And upon the hearing a Bill of Review was ordered to be brought by Townley either upon matter not insisted on at the first hearing or new matter and according to the course of the Court the said Townley was ordered to give security and in the mean time the execution of the said Decree and all proceedings thereupon as against the said Townley was respited and suspended and whereas by the first Decree Townley was decreed to pay as well what his Co-Trustee Forrest had received of the Profits of the Estate of Challener as what he had received himself Vpon the hearing upon the said Bill of Review the first Decree was revers'd and Townley decreed to answer only so much as he himself had received which appear'd by the proofs to be but three half years Rent and it was referred to a Master in Chancery to audit the account touching the three half-years Rent and the Recognizance given by Townley to perform the Order of the Court was discharged In the same Registers Office I find another Entry of an Order of June 1. in the 12th year of King Charles the first between one Pennington and others Plaintiffs and one Holmes Defendant in these words WHereas upon Petition exhibited to the Kings most Excellent Majesty by the Defendant supposing some injustice and wrong to have been done unto him by a Decree made in this Court between the foresaid parties his Majesty was most graciously pleased to refer the matter to the Master of the Rolls to call to his assistance one of the Judges of the Bench and to hear what could be alledged against the said Decree And this day being appointed for the hearing of the matter the Master of the Rolls calling to him Mr. Justice Crooke and having heard the parties and their Councel on both sides and what could be alledged against the said Decree why the same should not be put in execution saw no cause to recede from or alter the same Now after the Opinion of all the Judges of England assented to by the then Lord Chancellor for the legality of this sort of proceeding and the approhation of the House of Lords and their direction for humble Suit to be made to the King for a Commission from Him to proceed accordingly and after so continu'd a series of practice for the Reign of Three of the best Princes that ever sway'd a Scepter without the least Objection then made against it by any that I ever read or heard of I say after all this sure one would think there could be no room for any colour of illegality in that sort of Proceeding But it is objected That the Power and Right of this sort of proceeding is since taken away by the Statute of 16 Car. 1. cap. 10. But I hold that Statute doth not do it in the least nor doth it carry in it the least colour or look that way though indeed it doth take away somewhat