It is no feigning or fainting, but sickness both of my heart and of my back, though joined with that comfort of mind that persuadeth me that I am not far from heaven, whereof I feel the first fruits. And because, whether I live or die, I would be glad to preserve my honour and fame, so far as I am worthy, hearing that some complaints of base bribery are coming before your lordships, my requests unto your lordships are:

First, that you will maintain me in your good opinion, without prejudice, until my cause be heard.

Secondly, that in regard I have sequestered my mind at this time in great part from worldly matters, thinking of my account and answers in a higher court, your lordships will give me convenient time, according to the course of other courts, to advise with my counsel, and to make my answer; wherein, nevertheless, my counsel's part will be the least; for I shall not, by the grace of God, trick up an innocency with cavillations, but plainly and ingenuously (as your lordships know my manner is) declare what I know or remember.

Thirdly, that according to the course of justice, I may be allowed to except to the witnesses brought against me; and to move questions to your lordships for their crossexaminations; and likewise to produce my own witnesses for the discovery of the truth.

And lastly, that if there be any more petitions of like nature, that your lordships would be pleased not to take any prejudice or apprehension of any number or muster of them, especially against a judge, that makes two thousand orders and decrees in a year (not to speak of the courses that have been taken for hunting out complaints against me) but that I may answer them according to the rules of justice, severally and respectively.

These requests I hope appear to your lordships no other

than just. And so thinking myself happy to have so noble peers and reverend prelates to discern of my cause; and desiring no privilege of greatness for subterfuge of guiltiness, but meaning, as I said, to deal fairly and plainly with your lordships, and to put myself upon your honours and favours, I pray God to bless your counsels and persons. And rest your lordships' humble servant,

March 19, 1620.

FR. ST. ALBAN, Canc.

This letter, which was delivered by Buckingham, (a) the Lords immediately answered, by assuring the Chancellor "that the proceedings should be according to the right rule of justice; that it was the wish of the house that his lordship should clear his honour from the different aspersions, and praying him to provide for his defence;" a courtesy which his lordship instantly acknowledged, (b) with the expression of his intention to speak more fully at a future time.

Thus resolved to defend himself, there was some communication between the Chancellor and Buckingham; whether it was confined to the favourite must be left to conjecture; but it appears to have had its full effect both upon him and upon the King, who, seeing the untoward events which might yet occur from the discussions of this inquiring parliament, sent a message to the Commons, expressing his comfort that the house was careful to

(a) The Lord Admiral declared, that he had been twice with the Lord Chancellor, to visit him, being sent to him by the King. The first time, he found his lordship very sick and heavy; the second time he found him better, and much comforted, for that he heard that the complaint of the grievances of the Commons against him were come into this house; where he assured himself to find honourable justice; in confidence whereof, his lordship had written a letter to the house. The which letter the Lord Admiral presented to the house, to be read.

(b) Journals.

preserve his honour; his wish that the parliament should adjourn to the 10th of April; and his assurance that the complaints against the Lord Chancellor should be carefully examined before a committee of six peers and twelve commoners; a proposal not very acceptable to Sir Edward Coke, who thought it might defeat the parliamentary proceedings which he was so anxious to prosecute. (a)

On the 20th, the Commons proceeded to the examination of witnesses, and a further complaint was preferred in the cause of Wharton and Willougby, by the Lady Wharton, against whom the Chancellor had decided. It appeared that the presents were made openly at two several times, with the knowledge and in the presence of witnesses. (b)

(a) Mr. Secretary Calvert brings a message from the King, that this parliament hath sat a long time, and Easter is near come, and it is fit there should be a cessation for a time, yet the King will appoint no time, but leaves it to yourselves. But for the beginning again, he thinks the 10th of April a fit time, but will appoint none; only he would have you take care that there be no impediment in the subsidies. The King also took notice of the complaints against the Lord Chancellor, for which he was sorry; for it hath always been his care to have placed the best, but no man can prevent such accidents. But his comfort was, that the house was careful to preserve his honour. And his majesty thought not fit to have the occasions hang long in suspense, therefore would not have any thing to hinder it; but for the furtherance thereof, he proposed a commission of six of the higher house, and twelve of the lower house to examine upon oath. This proposition, if we liked it well, he would send the like to the Lords; and this he thought might be done during this cessation; and though he hoped the Chancellor was free, yet if he should be found guilty, he doubted not but you would do him justice.

Sir Edward Coke said, we should take heed the commission did not hinder the manner of onr parliamentary proceedings.

The answer returned to the King was, rendering thanks for the first part of his gracious message; and for the second, we direct that the like message may be sent to the Lords, for there being so good a concurrence betwixt us, we may have conference with them about it. Then adjourned.-See note G GG.

(b) Journals.-The Lady Wharton having a cause depending in Chancery, many orders were made in it; amongst the rest, there was an order

The cry having been raised, the lowest members of the profession, a common informer and a disgraced registrar,

made for dismission, by the consent of the counsel on both sides, which my lady disliking, took Churchill, the register, into her coach, carried him to my Lord Chancellor's, and so wrought, that he was willed not to enter the last order, so that my lady was left at liberty to prosecute it in Chancery, brought it to a hearing, and at length got a decree. Keeling being examined, saith, that near about the time of passing this decree, my lady took 100l. he saw it, and she made him set down the words and styles which she would use in the delivery of it. Then she goeth to York House, and delivered it to my Lord Chancellor, as she told him. She carried it in a purse; my lord asked her what she had in her hand? She said, a purse of her own making, and presented it to him, who took it, and said, what lord could refuse a purse of so fair a lady's working! After this my lord made a decree for her, but it was not perfected; but 2007. more being given (one Gardener being present), her decree had life. But after the giving of the 100l. because she had not 2001. ready in money, one Shute dealt with her to pass over the land to my Lord Chancellor and his heirs, reserving an estate for life to herself; but she knowing no reason to disinherit her own children, and confer it upon a lord who had no children, asked Keeling, her man, what he thought of it? He, like an honest servant, was against it. Shute knowing this, sets upon Keeling, and brought him to be willing my lady should do it, with power of revocation, upon payment of 200l. in a reasonable time. Keeling lets fall some speeches, as if he had left York House for the corruption which was there, which he himself knew in part. Gardener, Keeling's man, confirmed the payment of the 300l. for the decree, viz. 100l. before, and 2001. after. This purchased decree being lately damned again by my Lord Chancellor, was the cause of this complaint.

Keeling saith, Sir John Trevor did present my Lord Chancellor with 1007. by the hands of Sir Richard Young, for a final end to his cause. Sir Richard Young answered, 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 Gardener should be present at the payment of the 2001.

Mercurii, 21st Martii, 18th Jacobi, Lady Wharton.-Sir Robert Philips. That Gardyner's man affirmeth, that, three days before the hearing of the cause the Lady Wharton put 1007. in a purse, went to York House, and,

were, with their crew, employed in hunting for charges: and, so ready was the community to listen to complaints, that it mattered not by whom they were preferred; greatness was the mark, and accusation the game." One of his many faithful friends, (a) Sir Thomas Meautys, rose to resist this virulence. He admonished the house of the misstatements that would be made by such accusers, men without character, (b) under the influence of motives which could not be misunderstood. "I have known," he said, "and observed his lordship for some years: he hath sown a good seed of justice; let not the abandoned and envious choke it with their tares." He had as much prospect of success as if he had attempted to stop the progress of a volcano.

as she said after, gave it my lord. That, in

after, she put 2007. more

into a purse, and took the money from Gardener at York House, went in to my lord, and as she said, delivered it to my lord, and had after presently the decree.

To the fourth article of the charge, namely, " In a cause between the Lady Wharton and the coheirs of Sir Francis Willoughby, he received of the Lady Wharton three hundred and ten pounds," I confess and declare that I did receive of the Lady Wharton at two several times, as I remember, in gold, two hundred pounds and one hundred pieces, and this was certainly pendente lite; but I have a vehement suspicion that there was some shuffling between Mr. Shute and the register in entering some orders, which afterwards I did distaste.

(a) Not so all his servants.-Upon his being in disfavour, his servants suddenly went away: he compared them to the flying of the vermin when the house was falling.-Aubrey, 1656.

(6) Mr. Meawtys. Touching the persons that inform, I would entreat this honourable house to consider, that Keeling is a common solicitor (to say no more of him); Churchill, a guilty register, by his own confession. I know that fear of punishment, and hopes of lessening it, may make them to say much, yea, more than is truth. For my own part, I must say, I have been an observer of my lord's proceedings; I know he hath sown a good seed of justice, and I hope that it will prove, that the envious man has sown these tares. I humbly desire that those generals may not be sent up to the lords, unless these men will testify them in particular.