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And lastly, that he had given way to great exactions by his fervants, in refpect of private feals, and fealing injunctions.

On the twenty-fourth of April, the Prince fignified to their I.ordfhips, that the Lord

Chancellor had fent a fubmiffion, which was read in the houfe; wherein he tells their Lordships, that having understood the particulars of the charge, not formally from the house, but enough to inform his confcience and memory; he found matter fufficient and full, both to move him to defert his defence, and to move their Lordfhips to condemn and cenfure him.

Neither would he trouble their Lordships with fingling out thofe particulars which might be moft eafy answered, or prompt their Lordships to obferve upon the proofs, where they came not home; or with fcruples touching the credit of the witneffes; nor would he obferve how far a defence, in divers things, might extenuate the offence, in refpect of the time or manner of the gift, but leave those things to their own obfervations on the evidence, and fubmitted himself to their pity and grace. He made it his humble fuit to their Lordships, that his penitent fubmiffion might be his fentence, and the lofs of the feal his punishment; that their Lordships would fpare any further fentence, and recommend him to his Majefty's grace and pardon for all that was past.

nuated, and therefore the Lords had lent him a particular of the charge, and expected his answer to the fame with all convenient expedition.

To this the Lord Chancellor answered, he wouldreturn

would return the Lords an answer with speed.

fent the Lord Chancellor another meffage, On the twenty-fifth of April, the Lords by Mr. Baron Denham and Mr. AttorneyGeneral, (viz.) That they had received a doubtful answer to their meffage, fent him the day before; and therefore defired to know, directly and prefently, whether he would make his confeffion, or stand upon

his defence.

To which the Lord Chancellor answered, by the same meffengers, That he would make no manner of defence, but acknowledge corruption, and make a particular Confeffion to every point, and after that an humble fubmiffion; but begged leave, where the charge was more full than the truth of the fact was, he might declare the truth in fuch particulars. And the Lords allowed him time till Monday the thirtieth of April, to fend his confeffion and fubmiffion, the Lord Chancellor then fent it accordingly.

It was directed, "To the Right Honourable the Lords Spiritual and Temporal in the High Court of Parliament affembled;" and ftiled, "The humble Confeffion and Submiffion of me, the Lord Chancellor."

1. To the first article he confeffed, that The Lords having confidered this fubmiflion, and heard the particulars of the upon a reference from his Majesty, of all fuits between Sir Rowland Egerton and Edcorruptions charged on the Lord Chan-ward Egerton, both parties fubmitted to cellor, with the proofs; they fent a copy of them, without the proofs, to the Lord Chancellor, and the following meffage, viz. That his Lordship's confeffion, in the faid fubmiffion, was not full for three caufes. 1. His Lordship confeffed not any particular bribe, or corruption.

2. Nor fhewed how he heard the charge

thereof.

3. The confeffion was afterwards exte

his award, by reciprocal recognizances in ten thousand marks a piece; that, after divers hearings, he made his award, with the advice of Lord Hobart; and tome days after, the 300l. mentioned in the charge, were delivered to him from Sir Rowland; that Mr. Edward Egerton flying off from the award, a fuit was begun in Chancery by Sir Rowland Egerton, to have the award

confirmed;

confirmed; and a decree was made there- | ready to return it to whom their Lordships fhould appoint.

upon.

2. To the fecond article, he confeffed, that foon after his coming to the feal, when many presented him, he received the 400l. mentioned in this article, of Mr. Edward Egerton; but, as he remembered, it was for favours past.

3. That in the caufe between Hody and Hody, about a fortnight after the caufe was ended, there were gold buttons, about the value of 50l. prefented him.

4. That in the cause between the Lady Wharton, and the coheirs of Sir Francis Willoughby, he received of the Lady Wharton 2001. in gold, and at another time an hundred pieces, while the caufe was depending.

5. That he received of Sir Thomas Monk one hundred pieces, but it was long after his fuit was ended.

6. That he received of Sir John Trevor, as a new-year's gift, 100l. but he confeffed it was while his caufe was depending.

7. In the cause between Holman and Young, he received of Young an 100l. but it was long after the caufe was ended.

8. That while the caufe was depending between Fisher and Wrenham (or Wraynham) he did receive of Sir Edward Fisher a fuit of hangings, of the value of about 160l. towards furnishing his houfe; and was at the fame time presented by others, who were no fuitors, with furniture for his houfe:

9. As to the charge of his receiving a cabinet of the value of 800l. of Sir John Kennedy: a cabinet was indeed fent to his house by Sir John, but not of half that value; but he refused to accept it, and was determined to fend it back again; that one Pinkney, who flood engaged for the money to pay for the cabinet, defired he might have it; and thereupon Sir John entreated his Lordship, that he would not difgrace him, by returning the gift, much lefs put it into a wrong hand; and that he was

10. He confeffed he had borrowed 2000l. of Vanlore; but looked upon it as a debt, and was obliged to repay it.

11. He acknowledged his receiving 2001. of Mr. Scott, about a fortnight after the decree paffed for him.

12.That he received 100l. of Sir John Lenthall, about a month after the decree paffed.

13. That the caufe between Wroth and Manwaring was ended by his arbitrement, by confent of parties, and he received of Mr. Wroth 100l. about a month after the caufe was ended.

14. That he received of Sir Ralph Hanfbye, while his caufe was depending, 500l.

15. That he did borrow the 500l. mentioned in this Article of Compton, but looked upon it as a debt which he was obliged to repay.

16. In the caufe between Sir William Brounker and Awbrey, he did acknowledge his receiving 100l. of Awbrey.

17. He confeffed he received money of the Lord Montague, while his fuit was depending to the amount of 6 or 700l.

18. He confeffed his receiving 2001. of Mr. Dunch, but thought it was fome time after the decree.

19. He confeffed his receiving 2001. of Sir John Reynell, his near relation, at his first coming to the feal, to be beftowed in furniture; but thinks this was before any fuit began; and as to the diamond ring he received of him, while his caufe was depending, charged to be worth 5 or 600l. it was not of near that value, though he confeffed it was too much for a new-year's gift.

20. He confeffed his receiving of icol. of Mr. Peacock, at his coming to the feal, as a prefent; and that he afterwards borrowed 1000l. of him, at twice; for which, he faid, he would take no fecurity or intereft, and gave him his own time for repaying it.

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21. He confeffed his fervant Hunt did | cuftoms, he dealt the more peremptorily receive 2001, of Smithwick; but that he in it, and did, for a day or two, restrain ordered it to be repaid. some of those that were most stiff in a mesfenger's hands; and afterwards the merchants prefented him with 1000l.

22. That he did receive of Sir Henry Rufwell, 3 or 400l. about a month after the cause was decreed; in which decree he was affifted by two of the Judges.

23. He confeffed he received of Mr. Barker the 700l. mentioned in this article, fome time after the decree paffed.

As to the 24th, 25th, and 26th articles, he confeffed he received the feveral fums therein mentioned, (viz.) Of the Grocers 2001. of the Apothecaries, that stood with the Grocers, a tafter of gold, worth 4 or 500l. and a prefent of Ambergreafe, and of a new company of Apothecaries, that stood against the Grocers, 100l. But this was no judicial business, he observed, only a compofition between the parties; and he thought, as they all received benefit by it, and were all three common purfes, there was no great matter in receiving what they voluntarily presented.

As to the 27th article in which he is charged with taking of the French merchants 1000l. to conftrain the company of Vintners to take 1500 tons of their wine, with threatning and imprisoning the Vintners, because they would not take their wines at higher prices than they were vendible; he confeffed, Sir Thomas Smith did deal with him in behalf of the French Company; informing him, that the Vintners, by combination, refused to take their wines at any reasonable prices; and that this would destroy their trade, which the state was concerned in; and that the company would gratify him with 1000l. for the trouble he should take in it. He did, he confeffed, thereupon endeavour to compromife matters between them, and prevent a fuit, propounding fuch a price as the Vintners might gain 61. a ton; and the King afterwards recommending the bufinefs to him, as a matter that concerned his

To the 28th article, that he had given way to the exactions of his fervants, in re-. fpect of private feals and injunctions, he confeffed it to be a great fault, that he had looked no better to his fervants.

And now he again confeffed, That in the points charged upon him, though they thould be taken as he had reprefented them, there was a great deal of corruption and neglect, for which he was heartily forry, and fubmitted himself to the mercy of the court.

He defired that their Lordships would look with compaffion on his perfon and eftae, and confider he was never esteemed an avaricious man; that there were few or none of these particulars that were of lefs than two years ftanding; from whence he infinuated, that he had reformed these practices, instead of increasing his corruptions; and his eftate was fo inconfiderable, that his chief care was, how he fhould be able to pay his debts.

Concluding with his humble fuit, that their fentence might be mixed with mercy; and that they would be interceffors for him to his Majefty for his grace and favour. Signed, Your Lordships

Humble fervant and fupplicant,

FRANC. ST. ALBANS, CANC.

A committee of Lords was hereupon fent to the Lord Chancellor, to acquaint him that they conceived this to be an ingenuous and full confeffion, and to demand whether that was his hand to it, and if he would abide by it. To whom the Lord Chancellor anfwered, "My Lords, it is my act, my hand, my heart: I befeech your Lordships to be merciful to a broken reed.

Which anfwer being reported to the house, they moved his Majesty to fequefter the feal; and the King thereupon gave it to the Lord Chief Juftice Sir Robert Hutton, on the first of May.

The next day the Lords commanded the Gentleman-Ufher and Serjeant at Arms, of that house, to fummon the late Lord Chancellor to appear in perfon before their Lordfhips by nine the next morning; and that the Serjeant fhould fhew his mace to his Lordship at the time of the fummons; which was done accordingly but they found him fick in bed; and he protefted his illness was not feigned, and that if he had been well, he would willingly have

come.

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On Thursday, the third of May, the Lords fent a meffage to the Commons, importing, that they were ready to give judgment against the Lord Viscount St. Albans; whereupon the commons came up, and their Speaker faid, "The Knights, Citizens, and Burgeffes of the Commons house having made complaint to your Lordships of many exorbitant offences of bribery and corruption committed by the late Lord Chancellor, in their name I do humbly pray and demand judgment against him, as the nature of his offence and demerits do require."

The Lord Chief Justice (to whom the cuftody of the feal was now committed) anfwered, That that high court had found the Lord Viscount St. Albans guilty of the crimes and corruptions complained of by

the Commons, and of fundry other crimes and corruptions of the like nature; and that, he having excufed his attendance on account of fickness, they did nevertheless proceed to judgment; and that high court did adjudge, That the Lord Viscount St. Albans, late Lord Chancellor of England, fhould pay a fine of forty thousand pounds; be imprifoned in the Tower during the King's pleasure, and be for ever incapable of any office, place, or employment, in the eftate of commonwealth; and that he fhould never fit in parliament, or come within the verge of the court."

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The King fome time after releafed his Lordship out of the Tower, and fettled a fmall penfion on him; and he refided, for the most part, at his chambers in Gray'sInn. He died the 6th of April 1626, in the fixty-fixth year of his age, at the Lord Arundel's houfe at Highgate, near London; where he had been about a week upon a vifit. His diftemper was a flow fever, attended by a violent cold, and a defluction of rheum upon his breaft, which was fo great that it fuffocated him.

He was buried at St. Michael's church in St. Alban's, in pursuance of his will, and had a monument of white marble erected there, by Sir Thomas Meauty's, once his Lordship's Secretary; the infcription being compofed by the celebrated Sir Henry Wotton. He left neither wife nor child, and confequently his titles of Lord Vėrulam, and Viscount of St. Alban's, expired with him...

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Trial of MERVIN, LORD AUDLEY, EARL of CASTLEHAVEN, for a RAPE and Sy, before the Lord Keeper COVENTRY, Lord High Steward, and the rest of the Peers commiffioned to try him, April 25, 1631.

T

HREE indictments had been found against this Lord by the Grand Jury at the preceding Lent affizes for Wiltshire. The firft for a Rape on his own Wife, whom he held by force, while one of his fervants lay with her; and the other two indictments were for Sy.

Before the trial the Judges came to the following refolutions on certain queries fent them by the Lord High Steward.

1. That a peer could not be tried by a common jury; but must be tried by his peers.

2. That a peer could not challenge any of his peers.

3.That a peer could not have counfel, but on points of law.

4. That his own examinations taken without oath, might be read against him; but the examinations of others must be upon oath.

5. That the wife, in cafe of a rape, being the party wronged, may be evidence against her husband.

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11. That a peer ftanding mute in an indictment, might be preffed to death.

12. That the Lord High Steward, after a verdict, might take time to advise upon a point of law; and his office continued till judgment given.

It was refolved alfo, That if a woman was a whore, fhe might however be ravished; but it was a good plea for the map, that he was his concubine. And that, if a man took a maid by force, and ravished her, and the afterwards gave her confent, and married him, this would not purge the offence, but it was ftill a rape.

The faid feveral indictments being certified, and brought into court, and the prifoner commanded to the bar, the evidence was produced: And firft, the examination of the Lady Audley, as to the rape, who depofed, that her Lord (the prifoner) called his fervant Broadway into his bed while he was afleep; that the waked, and made all the refiftance fhe could; but his Lordship held both her hands, and one of her legs, till Broadway lay with her; that as foon as the got from him, he would have killed herself with a knife, and that Broadway forced it from her. Broadway's examination alfo was read, who confeffed, that his Lordship called him into his bed, and bid him lie with his Lady; and, that he did lie with her, whilft his Lord held one of her legs, and both her hands.

As to the fy, Broadway depofed, That the Earl used his body as the body of a woman.

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Fitz-Patrick, another fervant, depofed, That his Lord had twice committed fy

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