shall be filed, either in the register's office, or in the petty-bag respectively; and all recognisances taken to the king's use, or unto the court, shall be duly inrolled in convenient time, with the clerks of the inrollment, and calendars made of them, and the calendars every Michaelmas term to be presented to the lord chancellor.

93. In case of suits upon the commissions for charitable uses, to avoid charge, there shall need no bill, but only exceptions to the decree, and answer forthwith to be made thereunto; and thereupon, and upon sight of the inquisition, and the decree brought unto the lord chancellor by the clerk of the betty-bag, his lordship, upon perusal thereof, will give order under his hand for an absolute decree to be drawn up.

94. Upon suit for the commission of sewers, the names of those that are desired to be commissioners are to presented to the lord chancellor in writing; then his lordship will send the names of some privy counsellor, lieutenant of the shire, or justices of assize, being resident in the parts for which the commission is prayed, to consider of them, that they be not put in for private respects; and upon the return of such opinion, his lordship will give farther order for the commission to pass.

95. No new commission of sewers shall be granted while the first is in force, except it be upon discovery of abuse or fault in the first commissioners, or otherwise upon some great or weighty ground.

96. No commission of bankrupt shall be granted but upon petition first exhibited to the lord chancellor, together with names presented, of which his lordship will take consideration, and always mingle some learned in the law with the rest; yet so as care be taken that the same parties be not too often used in commissions; and likewise care is to be taken that bond with good surety be entered into, in 2001. at least, to prove him a bankrupt.

97. No commission of delegates in any cause of weight shall be awarded, but upon petition preferred to the lord chancellor, who will name the commis

sioners himself, to the end they may be persons of convenient quality, having regard to the weight of the cause, and the dignity of the court from whence the appeal is.

98. Any man shall be admitted to defend in forma pauperis, upon oath, but for plaintiffs they are ordinarily to be referred to the court of requests, or to the provincial councils, if the case arise in those jurisdictions, or to some gentlemen in the country, except it be in some special cases of commiseration, or potency of the adverse party.

99. Licences to collect for losses by fire or water are not to be granted, but upon good certificate; and not for decays of suretyship or debt, or any other casualties whatsoever; and they are rarely to be renewed; and they are to be directed ever unto the county where the loss did arise, if it were by fire, and the counties that abut upon it, as the case shall require; and if it were by sea, then unto the county where the port is, from whence the ship went, and to some seacounties adjoining.

100. No exemplification shall be made of letters patents, inter alia, with omission of the general words; nor of records made void or cancelled; nor of the decrees of this court not inrolled? nor of depositions by parcel and fractions, omitting the residue of the depositions in court, to which the hand of the examiner is not subscribed; nor of records of the court not being inrolled or filed; nor of records of any other court, before the same be duly certified to this court, and orderly filed here; nor of any records upon the sight and examination of any copy in paper, but upon sight and examination of the original.

101 And because time and experience may discover some of these rules to be inconvenient, and some other to be fit to be added; therefore his lordship intendeth in any such case from time to time to publish any such revocations or additions.

THE

PASSAGES IN PARLIAMENT

AGAINST

FRANCIS, VISCOUNT ST. ALBAN,

LORD CHANCELLOR OF ENGLAND.

Anno Domini 1620, and 1621.

ON Monday, the nineteenth day of March, 1620, in the afternoon, the commons had a conference with the lords; which conference was reported the next day by the lord treasurer, [who] delivered the desire of the commons to inform their lordships of the great abuses of the courts of justice: the information whereof was divided into these three parts.

First, The persons accused.

Secondly, Of the matters objected against them. Thirdly, Their proof.

The persons are the lord chancellor of England, and the now bishop of Landaff, being then no bishop, but Dr. Field.

The incomparable good parts of the lord chancellor were highly commended, his place he holds magnified, from whence bounty, justice, and mercy were to be distributed to the subjects, with which he was solely trusted, whither all great causes were drawn, and from whence no appeal lay for any injustice or wrong done, save to the parliament.

That the lord chancellor is accused of great bribery and corruption, committed by him in this eminent place, whereof two cases were alleged:

The one concerning Christopher Awbrey, and the other concerning Edward Egerton. In the cause depending in the chancery between this Awbrey and Sir William Bronker, Awbrey feeling some hard measure, was advised to give the lord chancellor 1007. the which he delivered to his counsel Sir George

Hastings, and he to the lord chancellor. This business proceeding slowly notwithstanding, Awbrey did write divers letters, and delivered them to the lord chancellor, but could never have any answer from his lordship; but at last delivering another letter, his lordship answered, If he importuned him he would lay him by the heels.

The proofs of this accusation are five :

The first, Sir George Hastings related it long since unto Sir Charles Montague..

Secondly, the lord chancellor, fearing this would be complained of, desired silence of Sir George Hastings.

Thirdly, Sir George Hastings's testimony thereof; which was not voluntary, but urged.

Fourthly, the lord chancellor desired Sir George Hastings to bring the party Awbrey unto him; and promised redress of the wrong done him.

Fifthly, that the lord chancellor said unto Sir George Hastings, if he would affirm the giving of this 100%. his lordship would and must deny it upon his honour.

The case of Mr. Edward Egerton is this; There being divers suits between Edward Egerton and Sir Rowland Egerton in the chancery, Edward Egerton presented his lordship, a little after he was lord keeper, with a bason and ewer of 50l. and above, and afterwards he delivered unto Sir George Hastings and Sir Richard Young 400/. in gold, to be presented unto his lordship. Sir Richard Young presented it, his lordship took it, and poised [it], and said, it was too much; and returned answer, That Mr. Egerton had not only enriched him, but had laid a tye upon his lordship to do him favour in all his just causes.

The proofs are the testimony of Sir George Hastings, and the testimony of Merefil, a scrivener, thus far: That he took up 7001. for Mr. Egerton, Mr. Egerton then telling him, that a great part of it was to be given to the lord chancellor : and that Mr. Egerton afterwards told him, that the 400/. in gold was given to the lord chancellor. At this conference was farther declared of a bishop, who was touched in this business, upon the bye, whose function was much honoured,

but his person touched herein; this business depending being ordered against Edward Egerton, he procured a new reference thereof from the king to the lord chancellor his lordship demanded the parties to be bound in 6000 marks, to stand to his lordship's award they having entered into that bond, his lordship awarded the matter against Edward Egerton for Sir Rowland Egerton; and Edward Egerton refusing to stand to the said award, a new bill was exhibited in the chancery; and hereupon his lordship ordered that his bond of 6000 marks should be assigned unto Sir Rowland Egerton, and he to put the same in suit in his lordship's name.

The bishop of Landaff, as a friend to Mr. Edward Egerton, advised with Randolph Damport and Butler, which Butler is now dead, that they would procure a stay of the decree of that award, and procure a new hearing it was agreed that 6000 marks should be given for this by Edward Egerton, and shared amongst them, and amongst certain noble persons.

A recognisance of 10,000l. was required from Mr. Egerton to the bishop for the performance hereof: the bishop his share of this 6000 marks was to have [been] so great, as no court of justice would allow : they produce letters of the bishop naming the sum, and setting down a course how this 6000 marks might be raised, namely, the land in question to be decreed for Mr. Egerton, and out of that the money to be levied; and if this were not effected, then the bishop in verbo sacerdotis promised to deliver up this recognisance to be cancelled. The new recognisance is sealed accordingly, and Randolph Damport rides to the court, and moved the lord admiral for his lordship's letter to the lord chancellor herein: but his lordship denied to meddle in a cause depending in suit.

Then the said Randolph Damport assayed to get the king's letter, but failed therein also: so that the good they intended to Mr. Egerton was not effected; and yet the bishop, though required, refused to deliver up the said recognisance, until Mr. Egerton threatened to complain thereof unto the king. He shewed also that the commons do purpose, that