House of Lords Journal Volume 3: 7 May 1624

Die Veneris, videlicet, 7 die Maii,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:

p. Carolus Princeps Walliæ, etc.

The King's Speech to the Lords at Whitehall. Reported.

The Lord Keeper, removing to the Earl's Bench, made Report of His Majesty's Speech unto the Lords, on Wednesday last, 5 Maii, in the Afternoon.

And, for that His Majesty's Speech was not imitable, his Lordship desired that he might read the same; which he did; and then the Clerk read the same also, in hæc verba:

King's Speech concerning the L. Treasurer.

"His Majesty's Speech, at Whitthall, to the Upper House of Parliament, Quinto Maii, 1624, concerning the Lord Treasurer.

"My Lords; of Mercy and of Judgement both, (My Lords,) My Speech to you shall be. There is a great Officer of Mine shortly to come before you, accused of divers Misdemeanors. I am the Judge, in whose Room you are to exercise Judgement. For, as I am under God in this Throne, so are you under Me; therefore I have been desirous that I might open myself unto you anent this Matter and Occasion; and, as I have once said in a Parliament before unto you, so will I promise to shew you, as in a Crystal, My Heart, out of My Mouth, in such sort as no false Heart or Tongue shall be able to blemish what I shall represent unto you.

"It is My Judgement, next under God, which you are to exercise at this Time. And therefore, as a Judge instructs the Jury before the Prisoner departs from the Bar; so it becomes Me to tell you how to carry yourselves in this great Business. And the Cause hereof is this, because I am bound in Conscience to be careful of your Carriage herein; For, if your Judgement should fall contrary to My Approbation, I protest to God it would be a great Misery to Me, and a greater Grief unto your Hearts. Before the last Parliament, I never saw any Precedents of this Nature. In the last, against another great Officer of Mine, there needed no Admonition, because ye had reum confitentem. In this, the Party stands upon his Justification; and therefore you had more need to take heed and examine it well: There is no Doubt at all of your doing Justice; you are the most of you nobly born; the rest are noble by their Places; you are the most Honourable Jury of England; nor do I intend further to instruct you, than to open your Eyes (many Eyes see more than one). No King is the worse for the Advice of His Council; nor shall you be for receiving of any Advice or Instruction.

"In all Matters of Trying where are Denials, Two Things are specially to be considered; the Verity of the Fact, and the Greatness of the Guilt: For the First, you cannot be too diligent in the Search of the Verity of the Fact, for Satius est reum dimittere, quam innocentem damnare.

"For the Second, you are to consider duly the Quality of the Offence; for, if your Punishment be far inferior to the Crime, it is an Invitation to commit new Offences; and if it be over and above the Offence, it is plain Injustice and Tyranny. And therefore your Punishment must be ever bounded in Measure and Moderation, according to the Quality of the Offence. You will do, I am assured, as a Jury doth; for you have taken a greater Oath than they; you have sworn upon your Honour to Me, by your Conscience towards God.

"And here I shall give a Touch of Two Things; First, I shall speak of the Person of the Man; and then of my Opinion of the Course which you are to hold in your Judicature at this Time.

"For the Person of the Man, the first Acquaintance that I had with him was by the Lord of Northampton (who is with God), who often brought him unto Me a private Man, before he was so much as My Servant; he then made so many Projects for My Profit, that Buckingham fell in Liking with him after the Earl of North'ton's Death, and brought him to My Service; for I prosess it here openly, and I am glad he is not here to hear me, that, besides him, I never saw (fn. 1) a young Courtier that was so careful for the King's Profit, without any Respect, as Buckingham was. He found this Man so studious for My Profit, that he backed him against great Personages and mean, without sparing of any Man. Buckingham laid the Ground, and bare the Envy; he took the Laborious and Ministerial Part upon him; and thus he came up to his Preferment.

"I was deceived, if he were not a good Officer. He was an Instrument, under Buckingham, for Reformation of the Houshold, the Navy, and the Exchequer; Buckingham setting him on, and taking upon himself the Envy of all the Officers; and he himself many a Time protested unto Me, that he had not been able to do Me any Service in the Ministerial Part, if Buckingham had not backed him in it. Hereupon I thought him the fittest for this Place; he had seen before-hand the Abuses in the Exchequer, in the Navy, and a Thousand other Particulars.

"I must therefore put you here in Mind of One Thing; and Justice forceth me so to do. He cannot but have many Enemies; all Treasurers, if they do good Service to their Master, must be generally hated, as Monsieur Rosney was in France; and a Treasurer cannot oblige Me more than when I find Suitors that beg from Me, pray Me not to send My Reference to the Treasurer, because he gives them no good Answer.

"Two Kind of People are continually hated in Court; Treasurers and Ushers; because these latter must of Necessity put Disgraces upon Men; and the Treasurers must keep the King from Importunity of many Suitors. I pray you, judge not by the Affections of the People, nor by the Hatred of the People; you must avoid both these; and therefore Judges of old were painted blind.

"The second Thing I recommend to your Consideration is, that you look upon a sound Trial, so that the Offence be clear; and in the next Place, when you find Cause of Punishment, let it be within, and not without the Limits of his Desert.

"Now I shall recommend unto you some Generals, not for his respect or particular, but for Mine own, My Son's and Posterity's, and your own (my Lords), whose Part, God knows when, it may fall unto. Let no Man's particular Ends bring forth a Precedent that may be prejudicial to you all, and your Heirs after you. Precedents there are none, of many Years, before this and the last Sessions. The Informers are the Lower House, and the Upper House are the Judges. If the Accusations come in by the Parties wronged, then you have a fair Entrance for Justice; if by Men that search and hunt after other Men's Lives and Actions, beware of it; it is dangerous; it may be your own Case another Time. No Man can stand upright before God and Man, if every Act of his should be inquired after and hunted out by every Man, though it concern him not.

"The main Ground in an Information is this: The Party complaining should say, This Wrong he hath done me. If he hath corrupted Judicature in Judgement; taken a Bribe to the Hurt of the Innocent; if in Extortion he hath wrested by Violence from the Party; here is a just Ground for an Accusation; but for every busy Fellow to turn Inquisitor is a Thing unsufferable. How far it falls thus in this Particular, I know not. Bribery (as I would define it) is where a Judge receives a Reward against the Innocent. Extortion is done when Money is wrung from a Subject by the Greatness of a Man's Power, and by the Denial of Justice; Misdemeanor when a Man abuseth his Place, and oppresseth the poor Subjects. I leave this Point; and I do not doubt but, when he comes before you, you will hear him with Temper and Patience.

"Now, My Lords, I speak for Justice. If this Party have done so, after such an Example shewed the last Sessions, his Fault is double; for he came in upon a Reformation, and he discovered the Corruptions of others. This I would say unto you, if I were to die this Hour; Errors by mistaking, God forbid you should be rigorous in censuring of them; but Errors that are wilful, spare them not. Some curious Men may say, peradventure, he might in some Points have done better; but this is not criminal in him But if, by Deceit and Cozenage, by helping himself, he hath hindered My Estate, (fn. 2) he is worse than a Devil.

"Treasurers cannot be barred from suing; and the King's Liberality no Man can controll. If he hath helped himself with the King's Loss, and without His Knowledge, I speak not for him.

"Lastly, there are divers Things laid to his Charge, which were done with My Knowledge and Approbation. Let him bear no Charge for that; for that is Mine, and I must bear it; for, if you question him for any such Thing, you punish Me. If any Thing touch upon him in that kind, either meddle not with it, or stay and know the Verity of Me. I love my Servants (God is my Witness), but it is only for Virtue's Sake; and he is an unhappy Master that doth not love a faithful Servant; but, if there appear in any of them Falsehood and Treachery, and Deceit under Trust, My Love is gone: If of an Angel he become a Devil, I will never excuse him, I will never maintain any Man in a bad Cause.

"Et sic finitur Fabula."

The Report of His Majesty's Speech (Quinto Maii) to the Lords being read;

The Lord Keeper signified to the Lords, That His Majesty said, "He did not deliver this Speech out of any Suspicion of their Lordships, but only in Discharge of His own Duty and Conscience." Which the House Ordered to be entered.

The Lord Treasurer being to appear this Day at the Bar; it was Agreed, that when his Lordship was come he should kneel.

Lord Treasurer at the Bill.

The Lord Treasurer being brought to the Bar by the Gentleman Usher, his Lordship (not having his Staff in his Hand as Lord Treasurer) kneeled until the Lord Keeper willed him to stand up.

Mr. Serjeant Crewe came to the Clerk's Table, and opened the Charge against him, to this Effect:

Charge against him.

"The Commons, being the general Inquisitors of the Sores and Grievances of the Kingdom, have presented to the Lords their Complaint against this great Lord and Officer; whereof, and of other Misdemeanors, their Lordships have taken Cognizance.

"That he is to charge him (the Lord Treasurer) with Violation and Breach of Trust, in defrauding the King, who trusted him, with Bribery and Oppression.

"That he would begin with his Lordship's Misdemeanor in the Office of the Wardrobe; and shewed that, heretofore, that Office being very chargeable unto His Majesty, by reason of the Charge and Provision for the King's Majesty, for the Queen, for Prince Henry, the Queen of Bohemia, and the Prince his Highness that now is, he the said Lord Treasurer informed His Majesty of the Greatness of this Charge; and that he would save His Majesty a great Part thereof: Whereupon he procured that Office to himself; but he stood charged with nothing save the Ordinary Provision for His Majesty.

"He is made Master of the Wardrobe, 14 Sept.

"Anno 16° Jacobi Regis.

"And the 26th of December, Anno 18° Jacobi, the King reciting;

"Whereas We have had certain Notice, that Sir Lionel Cranfeild, in the Execution of the said Office, hath so discreetly and carefully performed the Trust in that Behalf to him committed, as that, by the small Time of his Service there, great Sums of Money have been, and are likely yearly to be abated, in Comparison of our former Expences therein for some Years past; and also that, by the Continuance of his Care and good Endeavours in the said Service, Our former great yearly Expence of the Wardrobe hath been reduced within the Sum of Twenty Thousand Pounds, and yet with the Maintenance of the former State thereof; and that, of Twenty Thousand Pounds assigned for the Queen's Funeral, he had received Fifteen Thousand Five Hundred Pounds, and no more; and that the said Sir Lionell, by his discreet and careful Performance of that Trust, hath, with the said Fifteen Thousand Five Hundred Pounds, discharged the said Funeral honourably, and in such Sort as was requisite; and hath brought the said Charge within the Sum of Fifteen Thousand Five Hundred Pounds; and yet there were Black Cloths and Stuffs to the Value of Two Thousand Pounds, or thereabouts, and some Part also of the said Money saved. The King thereupon grants him all he hath saved of Twenty Thousand Pounds, for the Year ended at Michaelmas 1619, and for another Year ended at Michaelmas 1620, the ordinary Charges deducted; for which Sum he agrees to discharge the ordinary Charge of the Wardrobe; and the King grants the Black Cloths, Stuffs, and Moneys, unto the said Sir Lionell, remaining of the said Fifteen Thousand Five Hundred Pounds for the Funerals. For his Disbursements for the Ordinary of the Wardrobe, he was to accompt; but not for the Surplusage, which he saved of the Twenty Thousand Pounds.

"The Seven and Twentieth of December, Anno 18°Jacobi, the King makes the same Recital (ut supra); and having given the Surplusage for Two Years before, doth now continue it for Life, yearly, at Michaelmas, upon his Accompt for the Wardrobe, the necessary Disbursements deducted, and gives him the Surplusage without further Accompt.

"The Eleventh of January, Anno 19° Jacobi Regis, the Lord Treasurer surrenders his Patent. Note, he got in these Three Years, as shall appear hereafter, Eight Thousand Pounds per Annum, and had Six Thousand Pounds given him at his Farewell; in toto, Thirty Thousand Pounds.

"The Eighteenth of January, Anno 19° Jacobi Regis, the King pardons him all Sums of Money received by him for the Funeral or Wardrobe; and he covenants to discharge the King of such Debts as were due by him for the Wardrobe.

"By this it appears how the King trusts the Lord Treasurer (being Master of the Wardrobe), and what Expectation the King had of his extraordinary Service, that the Expences should be much abated and diminished, and yet the State of the Wardrobe maintained by competent and sufficient Supplies; and that what the Supplies were should appear upon Account; and thereupon the Account was directed by the Patent.

"But now see, my Lords, how the Wardrobe is brought into Confusion, and how far it is from the old State thereof, which, by the Patent of my Lord, should have been maintained. And in this will appear unto your Lordships plainly,

"Breach of Trust, and Fraud.

"The Warrants to be served for the Wardrobe came from the Lord Chamberlain, from the Master of the House, and from the Groom of the Stole.

"These Warrants, and the Emptions thereupon, were usually heretofore entered in the Clerk of the Wardrobe's Books, that the Provisions and Particulars supplied might appear. But in my Lord Treasurer's Time no Warrants brought in are entered, no Emptions entered, nor Book of Expence kept by the Clerk, as it ought to be. The Clerk should have surveyed the Parcels, but could not (through my Lord's Default); neither is there any Account made as ought to have been; and all this is contrary to the Patent, to the Prejudice of the King, and of the Officers and Workmen in the Wardrobe; and to the End his Proceedings in that Office might not be discovered.

And this ensued further upon it, that the Warrants were served short, many not served at all; those that were served were base and ill Stuff, with great Delay and long Suit; and yet the Suitors for the same were slighted by my Lord and his Officers.

"And, although my Lord had his Money impressed unto him, yet he made slack and slow Payments, with great Abatements of the Prices formerly allowed.

"And, at my Lord's departing from the Office in January, Anno 19°Jacobi, he gets a Pardon for all that he hath received, without any Accompt; and obtained a Lease of the Sugars for a Recompence of his Surrender of that Office."

Proofs.

Mr. Serjeant having thus far opened the Charge, the Clerk (by his Direction) read the Depositions of Witnesses taken here to prove the same: videlicet,

To prove that no Account was made.

"The Examination of Sir Bevis Thelwell, Knight, taken the Six and Twentieth of April, 1624; who deposeth,

Sir Bevis Thelwell's Examination.

"To the First Question, What Money was assured for Provisions for the King's Service in the Wardrobe, Ordinary and Extraordinary, during the Time the Lord Treasurer was Master there?

"I say, that I cannot certainly inform your Lordships, for that the Warrants for the Emptions, that were usually entered in the Clerk of the Wardrobe's Book, were not brought in at all by the said Master of the Wardrobe, during the Time of my Service in the said Office, as it should have been.

"For the Second Part of the Charge, whether any Thing were put upon the Extraordinary, which was heretofore used to be furnished upon the Ordinary, I cannot tell; for that there was no Accompt made by the said Master of the Wardrobe (which should have been done), though he was very often solicited by me so to do, and seemed not to believe me that he by the Course of the Office ought so to do; for that (as he said) he had agreed with the King's Majesty, at a certain Rate, to furnish the Wardrobe.

"For the comparing of the Expences of the said Lord Treasurer, for Ordinary and Extraordinary, for the King only, with the Expences in former Times, I cannot make any direct Answer; for that the said Master made no Accompt, as he ought to have done.

"To certify how the King's Houses were furnished during the Time the Lord Treasurer was Master of the Wardrobe, and how much worse than in former Times, I cannot certainly inform your Lordships.

"To certify the Charge of the Funeral of Queen Anne, I cannot inform your Lordships thereof; for that it was before my Time; and there was no Accompt made thereof, nor Entries made thereof, as heretofore it was wont to be.

"To certify whether all the Provisions of the Wardrobe, during all the Time (fn. 3) the Lord Treasurer was Master thereof, be paid; I hear that divers of the Creditors are not paid; but how much is behind, by the Examinations of the Creditors will appear.

"For the Abuses of the Wardrobe, committed during the Time of the Lord Treasurer being Master there; I say that he hath altered the Frame and the Course of that Office, to the Prejudice of the King's Majesty, and the Artificers and Creditors that furnished the said Wardrobe; and (as I conceive) to the End that his Proceedings in the said Office might not be discovered.

"And where there was some Doubt made, by the said Master, of some Things concerning the said Office, I did endeavour to give him Satisfaction therein; but could not without the View of some Books of Accompts of the said Office, which by his Direction I brought unto him long since, which he commanded me to leave with him to peruse; but I could never have them again, though myself and my Servant in that Office very often attended and solicited him for them.

"For the Provisions to be employed in the said Office, by setting on Work of Arras men and Taylors:

"The ancient Use of that Office was, That the Clerk should take Accompt of all that was brought in, and keep the same, and see it employed for the King's Service, by the said Workmen; and to see what Time they begin their Work, and left it; but the said Master took away the Key of that Room where those Things were kept, and committed the same to one Henry Ayres, his Servant, who kept the same during the Time of his being Master there, so as I could not perform the Service I ought to have done in that Behalf.

"For the Abuses of the Queen's Funeral, I can say nothing of mine own Knowledge, for it was before my coming into the Office; but have heard that the Cloth that was provided by the said Master was bad, and much complained of by many.

"Bevis Thelwall

Standley's Examination.

"The Examination of Charles Standley, Clerk to the said Sir Bevis Thelwall, taken the same Day: videlicet,

"An Estimate of the Yearly Liveries paid by the Lord Treasurer, with Fees and Annual Pensions, with the Arras-menders, and other Workmen's Pays, Yearly payable out of the Great Wardrobe.

"2. What Money was otherwise disbursed by the Lord Treasurer, for and towards the Charge and Expence of the Provisions of the Great Wardrobe, I know but in Part; but the Creditors can best certify what several Sums they have received; and his Servants, John Baron and Mr. Catchmey, can best tell what Sums of Money was received for the Provisions of the Great Wardrobe, and what was paid out; for they received all and paid all, for aught I know.

"What Warrants he received I know not, nor what was furnished for them, either for Ordinary Service or Extraordinary; but his Man Colbecke should best certify, who received the Warrants, and made the Provision of them Things that were served.

"For the furnishing of the King's Houses, I know nothing; but the Keepers of the several Standing Wardrobes, and the Officers of the Removing Wardrobe, can best certify what was served by him.

"For the Funeral of the late Queen Anne, as I have heard, he had an Allowance of Twenty Thousand Five Hundred Pounds; which my Lord Brooke, as I suppose, can best certify, who was then Chancellor of the Exchequer.

"And (fn. 4) Thirteen Thousand and One Hundred Pounds, or near thereabouts, I know was by him disbursed for the said Funeral, and (fn. 5) more I know not of; for that Part of the Provisions was provided by himself or Servants.

"For the Provisions of Canvas, Lear, and Thread, with other needful Necessaries for the mending and lining of rich Hangings of Arras and Tapestry, which came from any of His Majesty's Houses to be mended or lined in Places defective; for the Charge thereof I can say nothing for his Three Years; for, when he came first to be Master of the Great Wardrobe, he caused one Henry Ayres, his Servant, wrongfully to take away the Key of the Storehouse, wherein Provisions of Canvas, Lear, and Thread, and other Necessaries, were kept, from the then Clerk of the Great Wardrobe, who formerly, with his Predecessors, ever had the Custody and delivering out of all Necessaries, and kept the Accompt of what Suits of Hangings came to be mended, and what Necessaries was needful to be expended; and so this Ayres had the serving thereof in all his Time, so that an Accompt thereof could not by the Clerk be kept, according to the ancient Custom of that Office; so that he digressed from the ancient Customs of that Office, and furnished Things himself, and served them without the Privity of the Clerk, who, according to ancient Custom, should have the View, with the rating and prizing of them; and an Allowance of all Necessaries served for His Majesty's Use to be demanded by the Creditors by virtue of Warrants signed by the King's Majesty; which my Lord Treasurer paid them without Warrant, by the Creditors own Bills, contrary to the ancient Custom of that Office, and which, till his Time, was ever, by all former Masters of the Great Wardrobe, observed, by having Warrants drawn every Half-year.

26 April, 1624.

"Charles Stanley."

Baron's Examination.

"The Examination of John Baron, taken the Seven and Twentieth of April, 1624.

"The said Examinate faith, That, which the now Lord Treasurer was Master of the Wardrobe, this Examinate did keep a Book, wherein were entered his Lordship's Receipts and Payments, as well of such Things as concerned the Wardrobe, as for such as did otherwise concern his Lordship; and faith, That, because it was conceived his Lordship held that Office upon a Certainty, therefore there was no Distinction made, nor certain Accompt kept, of that which concerned the Wardrobe, divided from his Lordship's other Business; and faith, that the said Book is now in the Lord Treasurer's, and not in this Examinate's Custody, nor hath been in this Examinate's Custody for Two Years and a Half past.

"John Baron."

Colbeck's Examination.

"The Examination of Richard Colbecke, taken 26th of April, 1624.

"The said Examinate saith, That he served the Lord Treasurer in the Business of the Wardrobe; and that, in all the Time his Lordship was Master of the Wardrobe, there were no Accompts made by his Lordship, nor kept for him, of the Expences of the Wardrobe; neither were there any Books kept, wherein were entered the Expences of the Wardrobe; the Reason whereof was, because this Examinate heard his Lordship was not to hold that Place upon Accompt; but saith, this Examinate did buy Provisions, of Mercers and others, as for his Lordship; and then delivered such of them as were to be delivered for the King's Service into the Wardrobe; and when the Mercers and others brought their Bills, he this Examinate presented the same to his Lordship, who took Order for their Satisfaction; and faith, that he thinketh some few are yet unsatisfied in Part, as namely Mr. Henshawe, Mr. Ferrers, Mr. Lathorn; but doth not remember any others.

"Rich. Colbeck."

"To prove the Defects in serving of Warrants.

"A true Note of such Wardrobe Stuff as remaineth unserved by the Right Honourable the Earl of Midd. Lord Treasurer of England, in the Time of his being Master of the Great Wardrobe; which Stuff was then commanded by Warrants for His Majesty's Service, and are now much wanting, for the which his Lordship is to be answerable unto His Majesty.

(fn. 5) "Removing Wardrobe, per Warrant, dated in June, 1620.

"John Cotton."

(fn. 6) "Removing Wardrobe in June, 1621, per Warrant.

"John Cotton."

(fn. 7) "Standing Wardrobe at Hampton Court, per Warrant, dated in January, 1620.

"John Wynyarde."

(fn. 8) Thcobald's, per Warrant, in May, 1621.

26 April, 1624.

"Ottwell Worsley.

All the Parcels above-mentioned to be unserved are Parcel of the Ordinary of the Office of Wardrobe.

"William George."

To prove the Use of base Stuffs, &c.

"To prove that his Lordship served in slight and base Stuff, and that his Lordship slighted and delayed the Officers that sued to have the Warrants of the Lord Chamberlain served for the King's Ordinary Wardrobe.

Cotton's Examination.

"The Examination of John Cotton, taken 26 April, 1624.

"The said Examinate faith, That, during the Time the Lord Treasurer was Master of the Wardrobe, this Examinate was Yeoman of the Removing Wardrobe, and was and is yet Keeper of the Standing Wardrobe at Whithall; and saith, That the Warrants, which were sent in that Time by the Lord Chamberlain for Necessaries concerning the Offices which this Examinate served in, were but few, and yet a great Part of them were unserved, as appears by a particular Note thereof, subscribed by this Examinate, and remaining with the Lords Committees. And those which were served were for the most Part served with baser and meaner Stuff than had been accustomed; and saith, he hath many and oftentimes made Suit to the Lord Treasurer to have the Warrants served, but could not prevail with my Lord, who for the most Part put it off to his Man Colbecke: And this Examinate further saith, That Colbecke did not, as it was fit, give Dispatch to the Service, whereby this Examinate, and those to whom it appertained, made instant Suit, but in vain.

"John Cotton."

Worsley's Examination.

"The Examination of Otwell Worseley, taken the 26th of April, 1624.

"The said Examinate saith, He hath many Times acquainted the Lord Treasurer, late Master of the Wardrobe, with the Warrants which had been directed from the Lord Chamberlain unto the Lord Treasurer, being Master of the Wardrobe, for serving of Provisions upon the Ordinary of that Office, for His Majesty's House at Theobaldes, and hath so much and so often pressed him thereabouts, that his Lordship hath told this Examinate he was importunate; and saith, That he hath, about a Week past, attended him thereabouts; and his Lordship hath confessed that those Defects ought to be supplied by him, the Lord Treasurer; and saith, The Defects appear in another Paper, now delivered to the Lords Committees, subscribed by this Examinate; and saith, He was once threatened by the Grooms of the Bedchamber to be sent to Prison, for not furnishing those Necessaries; whereupon he repaired to the Lord Treasurer, but was slighted both by him and his Servants; and saith, Those Things that were served, were not of that Goodness as hath been accustomed, and was sit.

"Otwell Worsley."

Wynyard's Examination.

"The Examination of John Wynyarde, taken the 26th April, 1624.

"The said Examinate saith, That of such Warrants as came to the now Lord Treasurer while he was Master of the Wardrobe for Hampton Court, a great Part is yet unserved, the Particulars whereof appear in another Note, subscribed by this Examinate, and remaining with the Lords Committees; and further saith, That those Provisions that were served upon those Warrants were very many of them very slight and mean; and saith, He hath many-times importuned the Lord Treasurer for serving what remains unserved of those Warrants; and his Lordship from Time to Time put him off to Colbecke, and Colbecke made Excuses; but the Stuffs and Provisions were not served, though this Examinate used much Instance to procure them served.

"John Wynyarde."

To prove slow Payments, and lowering the former Prices.

"To prove slack and slow Payment and great Abatement of Prices formerly paid.

"The Examination of Benjamin Henshawe, taken the 26th of April, 1624.

Henshaw's Examination.

"Who deposeth, That he delivered to the Earl of Midd. during the Time he was Master of the Wardrobe, several Sorts of Wares, amounting to the Sum of Two Thousand Six Hundred and Three Pounds, Sixteen Shillings, and Three Pence, or thereabouts; whereof, as near as I can collect, there was

"Per me, Benjamin Henshawe."

Brown's Examination.

"The Examination of Oliver Browne (one of His Majesty's Upholsterers) taken the 26th of April, 1624.

"Oliver Browne and John Baker, His Majesty's Upholsterers.

"Which is all that we demand.

"By me, Oliver Browne."

Canning's Examination.

"The Examination of Ralfe Canning, taken the 27th of April, 1624.

"The said Examinate saith, He is the King's Arrasworker, by His Majesty's Letters Patents; and saith, That, about the Time when the now Lord Treasurer became Master of the Great Wardrobe, this Examinate, having made Sumpter-cloths for the King, brought his Bills to the Master of the Wardrobe, who abated this Examinate Two Shillings in every Ell from the ancient Price that had been ever allowed; and this Examinate telling him how long that Price had been allowed, and that the said Abatement was such as the Examinate should not only lose his Work, but a great deal of the Price of the very Stuff he bought to make them; he told this Examinate to this Effect: You that belong to the Wardrobe are Thieves, and many truer Men have been hanged; and when this Examinate told him he held his Place under the Great Seal, he said, A Fig for your Patents, I care not for them, with many other harsh Words; insomuch that this Examinate told him he would never make more Cloths at that Price; and yet nevertheless, when a new Warrant came, this Examinate attending him thereabouts, and telling him that he expected better Payment, if he made them; the said Master of the Wardrobe bade him make them, and he should have Content; yet, when they were made, he made the like Abatement as afore; so as this Examinate lost his Labour and Part of the Price of his Stuff.

"Raphe Cannynge."

Pulford's Examination.

"The Examination of John Pulford, taken the 26th of April, 1624.

"Thomas Pulford, His Majesty's Coffer-maker, deceased: It appears by his Book,

"Whereof paid 940£. or thereabouts, for it cannot appear certainly by his Book what he hath received.

"So rest at 207£. or thereabouts.

"The which 207£. or thereabouts, his Lordship cut off, by Way of Abatement of the Prices, and would not allow so much for the Commodities as was thought fit to be allowed for the same in the Reign of Queen Elizabeth, by the then Master and Clerk of the Great Wardrobe; but did, contrary to the ancient Precedent and Custom of the said Office, rate and prise the Bills as he pleased, and to the Damage and Loss of the said Thomas Pulford, as can be manifestly proved. But the said Thomas Pulford, in his Lifetime, gave unto his Lordship a general Acquittance and Discharge of all Reckonings concerning the Wardrobe Accompts for his Lordship's Time; so as his Executor knows not how to charge his Lordship with the Remainder, or whether he may.

"Jo. Pulford."

Auditor (Sir Francis Gofton's) Certificate.

"The Certificate upon Oath of Sir Francis Goston,

Knight, One of His Majesty's Auditors, videlicet,

It may please your Honourable Lordships,

There hath been no Accompts made for the Office of the Master of the Great Wardrobe, during the Time the Right Honourable the Earl of Midd. was Master of the said Wardrobe; which, as I conceive, was for Three whole Years, ended at Michaelmas 1621, Anno 19° Jacobi Regis; for which Office I am, by Letters Patents from His Majesty, One of the Auditors.

"Fran. Gofton."

Remarks upon the Evidence.

And Mr. Serjeant Crewe did observe to their Lordships, "That it appears, in the Examination of Oliver Browne, that his Bills of Michaelmas 1619, came to 6043£. whereof the said Oliver was paid that Year but 200£. whereas the Lord Treasurer received his whole 20,000 £. in Hand, for the Discharge of the Ordinaries of that Office; and also that the Pardon granted by His Majesty unto the Lord Treasurer, in January Anno 19° Jacobi, pardons him all Sums of Money received; but doth not pardon the not accompting for the Ordinaries of the said Office."

The Serjeant having ended, the Lord Keeper moved the House, That the Lord Treasurer might answer this particular Charge touching the Wardrobe. (His Lordship demanded Ink and Paper, and had it).

Lord Treasurer's Answer.

The Lord Treasurer answered, "That His Majesty used his Service in many Particulars touching His Estate, as in the Navy, the Household, and the Wardrobe.

"That he found the Expences of the Wardrobe of a vast Sum; every one made what Bills he would, and did set what Prices he would.

"When he was Master of that Office, he sent for the Artificers, and told them, that he would not look upon what was past; but that hereafter the Prices should be reasonable, and the King's Money should be ready, and they duly paid.

That there are many Fees to be Quarterly paid in the Wardrobe, all which were duly paid.

As for Canninge and Pulforde, he gave Two Shillings in the Pound more than another would have sold; he bought little of them of the Wardrobe; he bought much of the Merchants, and had a good Merchant's Shop in the Wardrobe, and bought of the best.

"That Pulford complains not of a hard Price; but that he had not the ancient Price.

"As touching the not serving of divers Warrants, that, his Businesses being many, he referred those to his Servant Colbecke; that not above the Value of Seven or Eight Hundred Pounds remain unserved, whereas he hath laid out Six or Seven Thousand Pounds upon the Extraordinaries of that Office; as, for furnishing of Ely-house for the Spanish Ambassador, and a rich Barge-cloth for the King, and many other Things; and that he gave the Earl of Carlile (his Predecessor in that Office) Three Thousand Pounds.

"As touching the Baseness of the Stuffs served in, he desired they might be compared with those formerly served in; and affirmed they were much better.

"And whereas some complain they were slighted, when they (fn. 10). were Suitors for the Warrants to be served, his Lordship desired they might be re-examined, whether they were slighted by him or no.

"As touching the Accompt, his Lordship answered, that, by the Patent which was read, he was to accompt; but that he had another Patent (if he be not deceived) without Accompt; which his Lordship delivered, and the Clerk read the same; and also His Majesty's Explanation upon the Lease of Sugars granted to the Lord Treasurer, upon his Surrender of the Wardrobe."

And Mr. Serjeant Crewe observed to the Lords, out of both those, "That his Lordship was to accompt for the ordinary Disbursements of the Wardrobe."

The Lord Treasurer answered, "That he conceived he was not to accompt; that he first reduced that Office from that vast Charge he told the King of; and whereas he was allowed Twenty Thousand Pounds per Annum for the same, he told the Duke of Buckingham (Two Years since) that he got too much thereby, and that it might be defrayed for Twelve Thousand Pounds per Annum; and that, he having reduced that Office from Twenty, nay from Forty Thousand Pounds per Annum, unto Twelve Thousand Pounds per Annum, is a good Accompt."

Hereupon divers Lords presently affirmed, "That the Duke of Buckingham had acknowledged that the Lord Treasurer, when he was to surrender the Wardrobe to the Earl of Denbigh, did acquaint his Grace with the Greatness of his Gains in that Office; but, to the End he might have a great Recompence; first, he named Four Thousand Pounds per Annum, and afterwards Eight Thousand Pounds; and that this drew on the Lease of the Sugars unto his Lordship."

And Mr. Serjeant Crewe observed, "That the Charge against the Lord Treasurer is upon Proof; his Lordship's Answers upon Averment; which he humbly referred to their Lordships further Consideration."

And thus ended the Charge touching the Wardrobe; and then the Lord Treasurer was withdrawn.

The Lord Keeper removed to the Earl's Bench, to satisfy the House touching the Lord Treasurer's Speech, that the Duke of Buckingham knew of his Gains in the Wardrobe; and told their Lordships, "That he well remembers, that, when the Duke moved His Majesty to place Sir Lionell Cranfeild Treasurer (which he desired, though afterwards he seemed unwilling), that then the King required the Surrender of the Wardrobe to the Earl of Denbigh.

"That, when the Lord Treasurer heard of it, he magnisied the Profits of the Place; first to the Duke, that it was worth Four Thousand Pounds per Annum; secondly to the King, that it was worth Six or Seven Thousand Pounds per Annum; whereby he got the Lease of Sugars at Four Thousand Pounds per Annum less than they are worth; and his Successor, the Earl of Denbigh, had Four Thousand Pounds per Annum less than he had for Disbursements of that Office of the Wardrobe. The Duke being moved at this, the Lord Treasurer then told his Grace, that his Gains in that Office had been Eight Thousand Pounds per Annum, nay more than he could well tell; and till then his Grace knew not of the great Gains of that Office; and if his Grace (who hath been ever careful for the King's Profit) had known of it sooner, the Lord Treasurer had not held that Place so long; for his Grace is Amicus usque ad aras."

To be at the Bar again this Afternoon.

It is Ordered, That the Lord Treasurer be warned to be here again, at Two in the Afternoon, at the Bar.

(fn. 11) An Order made accordingly, and signed by the Clerk, was delivered to the Lord Treasurer by the Gentleman Usher.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in pomeridianum hujus diei, hora secunda, Dominis sic decernentibus.

Post meridiem,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:

p. Carolus Princeps Walliæ, etc.

Lord Treasurer at the Bar.

The Lord Treasurer being brought to the Bar (as before), kneeled not, until he was remembered thereof by the Lord Keeper; then he kneeled, and the Lord Keeper presently willed him to stand up.

The King's Attorney being commanded to open the Second Charge against the Lord Treasurer, his Lordship said, "That he was unprovided in the Morning for the Wardrobe; and besought their Lordships to take into their Consideration, That he is denied Counsel to speak for him, being charged with great Matters; for it may be their own Case, and he hath Precedents (as he is informed) that he might have Counsel allowed him. That he will speak out of his own Strength; but desired their Lordships, that, if he forgot any Thing, that no Advantage be taken against him." Unto which their Lordships Agreed.

The Lord Treasurer made Two other Requests unto their Lordships; the one, "for that his Witnesses have not fully answered (touching the Wardrobe), that he might have a Re-examination upon the same Interrogatories." This the House denied, as not usual to be granted in other Courts after Publication, for that it may produce Perjury. His Lordship's other Request was, "That he might produce his Proofs on Record, that the Workmen of the Wardrobe were paid." Which was also denied, for that the Nonpayment of the Workmen is but an Incident to his Charge.

Then Mr. Attorney was willed to proceed.

Mr. Attorney proceeded on this Manner: videlicet,

Second Charge against him opened.

"The Second Charge wherewith the Lord Treasurer is charged, is for Three several Corruptions; Two of them disguised under the Shadow and Pretext of a Bargain, and the Third, of a New Year's Gift.

"Concerning the Two former, it cannot be denied that, 6 Februarii, Anno 17° Jacobi, His Majesty did Lease unto Sir Nicholas Salter, and others, the Customs and Imposts of French and Rhenish Wines, from Michaelmas 1622, for Nine Years and a Half; and did covenant with the Lessees, not to set any new Imposition upon those Wines, during the Continuance of that Lease, without the Assent of the Lessees; and 1° Januarii, Anno 19°Jacobi, the King made a Lease unto Sir John Wolstenholme, and others, for divers Years, of the Great Customs; in which Lease there was a Covenant, on the Part of the Farmers, that they should put in Security for Payment of their Rent; and for Performance of this Covenant, they were to have the Allowance and Warrant of the Lord Treasurer; without which the King's Remembrancer would not take their Bonds. 14 Januarii, Anno 19° Jacobi, a new Impost of Three Pounds a Tun was set upon the Wines; and the same being done without the Consent of the Farmers, and to their great Damage, they were to expect Recompence for the same, upon their Covenant.

"Upon these Two Occasions, the Farmers of these several Farms were necessarily occasioned to become Suitors to the Lord Treasurer; the one for Recompence and Reparation of their Loss; the other, for Allowance of their Security, and Warrant to accept it.

The Farmers of the Wines began their Suit to the Lord Treasurer, about January or February, Anno 19° Jacobi, and continued it, with much Instance, until December 20° Jacobi, Ten or Eleven Months together, without Success; whereupon they found Means to have Access unto the King Himself, and represented their Grief by an humble Petition, which His Majesty answered most graciously, and gave streight Charge to the Lord Treasurer to give them a speedy Dispatch, and conclude with them upon such a Recompence as in Honour and Justice was fit.

"And thereupon, 31° Decembris 1622, the Lord Treasurer did agree with them, that they should be allowed Nine Thousand Five Hundred Pounds, to be defalked, in Nine Years and a Half, out of their Rent, after the Rate of One Thousand Pounds per Annum. This being agreed on, they were to have his Lordship's Warrant to the King's Attorney, for drawing a Book according to the Agreement; which Warrant was speedily prepared and drawn by his Lordship's Secretary, but delayed from the 31st of December, 20° Jacobi, until the 24th of June, Anno 21° Jacobi; and the Farmers of the Great Customs having divided the Farms into Thirty-two Parts, every of which Parts was to give His Majesty Security of Fifteen Hundred Pounds, for Payment of their Rent; they presented their Security to the Lord Treasurer, who allowed it, and gave Warrant to the King's Remembrancer to receive it; but the Parties, unto whom Five of those Thirty-two Parts were allotted, falling off, and relinquishing their Parts, the Four Patentees of the Farm resolved to resume those Parts to themselves, and thereupon tendered to the Lord Treasurer their own Security for those Five Parts, which he agreed to accept, yet protracted them till June, 21° Jacobi.

The Business of both Farms thus delayed, and it being conceived that Money was expected, the Farmers of the Wines resolved to present the Lord Treasurer with Five Hundred Pounds; and they of the Great Farms resolved of the like Sum. And Mr. Abraham Jacob, being a Partner in either Farm, was intrusted severally by the Farmers of each Farm with Five Hundred Pounds apiece, to be presented to the Lord Treasurer, which he paid, in one intire Sum of a Thousand Pounds, unto Mr. Catchmay, the Lord Treasurer's Steward, 27th of June, Anno 21° Jacobi, by the Lord Treasurer's Appointment; and the Business of both Farms had a Dispatch by the Lord Treasurer's Means.

"But, to palliate and disguise these Two corrupt Gifts, the Lord Treasurer then pretended to have Four Parts of the Great Farm, divided into Thirtytwo Parts; and, in his Answer touching these Corruptions, justifieth the taking of a Thousand Pounds, by Way of Bargain for those Four Parts, from the Farmers of the Great Customs. This Answer being disproved, and it being made plain that he had no Parts in that Farm, it must needs follow, that the Money was taken corruptly, for the Dispatch of the Farmers Business; for Manifestation whereof, it stands proved:

That, upon the Treaty of the Bargain for the Great Farm, the Lord Treasurer propounded to the Farmers to have some Parts in the Farm, not for his own Benefit, but to dispose of amongst his Friends; but this was rather a Proposition than any settled Resolution or Conclusion; for the Farmers doubting lest, by this Pretence, some Partners might be put on them, with whom they were unwilling to join, desired the Lord Treasurer, that they might make Choice of their own Partners; and, if their Farm prospered, they would be thankful unto his Lordship.

This Thankfulness was afterwards performed on their Part, for they raised his usual New Year's Gift from a Thousand Marks to a Thousand Pounds.

"And upon this Request of the Merchants, the Lord Treasurer waved his Proposition, of having the Disposal of any Parts in the Farm: which appeareth not only by the plain and express Testimony of many Witnesses, but by these Proofs following:

"1. The Lease of the Great Farm bears Date primo Januarii, Anno 19° Jacobi, between which Time and the 29th of April, Anno 20° Jacobi, the Farmers divided the whole Farm into Thirty-two Parts, allowing to each Man his Parts, and reduced the same into Writing; expressing therein the Sum of the Security which every Man was to give, without mentioning therein any Parts reserved to the Lord Treasurer or his Friends. And this Writing being tendered to the Lord Treasurer, 29 Aprilis 1622, was by him allowed; and a Warrant signed by him to the King's Remembrancer, to take Security accordingly.

"2. When the Partners, to whom Five of those Parts were allotted, fell off, and would not give Security, the Patentees, resolving to take those Parts to themselves, tendered their own Security to the Lord Treasurer, and he agreed to accept it; though he protracted it long, yet he did not in that long Time of Delay challenge any Parts, until about June 1623.

"3. The Farmers, resting secure touching that Proposition, did, after the 29th of April 1622, divide the whole Farm by Indentures, allotting to each Man his due Part, without reserving any for the Lord Treasurer.

"4. At Christmas 1622, the First Year of the Farm ended; and this Year's Profit was, by Accompt, in April 1623, divided amongst the Partners, reserving no Share to the Lord Treasurer.

"5. But the Truth is, That all this Time the Lord Treasurer rested quiet, and neither did nor would challenge any Parts, the Farm being of that small Expectation of Benefit as Five Partners gave over their Parts rather than they would give Security; but about June 1623, the Farm being grown more hopeful by the Return of some East Indian Ships, the Lord Treasurer having in his Hands the Business of both Farms, which he had so long delayed, meaning to make this a Veil and Cover for taking these corrupt Gifts, then pretended to have Four Thirty-two Parts, which he had waved so long before.

"6. The Lord Treasurer appointing Catchmay, his Servant, to receive the Thousand Pounds of Jacob, which was received 27th June 1623, forbad him to give any Acquittance or Receipt for the Money, but to leave that to himself and Jacob; which, had it been paid upon a plain Bargain, he would never have done.

"7. This Money was entered into the Accompts and Books of the said Farms; for in the Journal Book of the Petty Farms, 31 Julii 1623, there is Five Hundred Pounds entered, to be paid and presented to the Lord Treasurer, by the Hands of Mr. Jacob, for a Gratification of his Favour in accommodating an Allowance of a Thousand Pounds per Annum to be abated out of their Rent for the Time to come. The like Entry was made in the Ledger Book of the same Farm. And 20th December 1623, upon the General Accompt of that Farm, this Five Hundred Pounds is put to Accompt, as a Gratuity given to the Lord Treasurer, and is borne ratably by all the Partners of the Farm; of which Accompt many Copies were given out to the Partners. And for the other Five Hundred Pounds, there is extant a Warrant, dated 29th July 1623, subscribed by Sir John Wolstenholme and Henry Garway, Two of the Farmers of the Great Farm, directed to Williams, the Cashier of that Farm, to pay to Mr. Jacob Five Hundred Pounds, given by him, by Order from the Farmers, to the Lord Treasurer, for a Gratuity, and to put it to the Accompt of the Farm; which was done accordingly. And these Accompts stood in this Manner till February last, after the Parliament (fn. 12) was summoned; and then the Lord Treasurer caused Jacob to procure the Five Hundred Pounds that was set upon the Petty Farms to be altered from thence, and to be charged upon the Farmers of the Great Farm; and Satisfaction to be given to the Partners of the Petty Farms, of their proportionable Parts they were charged with for that Five Hundred Pounds, upon the aforesaid Accompt of the 20th of December; and as many as could of the dispersed Copies of that Accompt to be gotten in. He also procures Jacob to write a Letter to his Lordship, and to antedate the same in June before, by which Jacob did intimate that the Thousand Pounds was given his Lordship for Four Thirty-two Parts of the Great Farm, and himself made an Acquittance to Jacob, with the like Antedate, acknowledging that Thousand Pounds to be received for those Four Parts; which indirect Courses of changing the Accompts, and antedating the the said Acquittance and Letter, manifesteth that the former Proceedings were not sincere, but were to be covered and blanched with these Devices.

"Touching the Third Corruption, shadowed under Pretext of a New Year's Gift, it stands proved that, at Christmas last, 1623, the Farmers of the Petty Customs presented the Lord Treasurer with a Tun of Wine, intending to have added to it a Pipe of Canary Wine, or the best Sack; but the Lord Treasurer, misliking the Smallness of their Present, urged them to a further Gratuity in Money, and thereby obtained from them, besides the Wine, One Hundred Pounds in Money."

Proofs of this Charge.

"The Charge being thus opened by Mr. Attorney, the Clerk read the Proofs: videlicet,

The Examination of Barnard Hide, taken 19th of April, 1624.

Hide's Examination.

The said Examinate saith, That, after the new Impost of Three Pounds per Tun set upon the Wines, this Examinate and the rest of the Partners in the Farm of the Wines being greatly damnified thereby, contrary to a Covenant in their Lease, made long Sait to the Lord Treasurer for Relief in that Behalf, and obtained none; at last exhibited a Bill, in the Name of the Farmers, into the Exchequer Chamber, for Satisfaction; and desired that His Majesty's Attorney General might answer the same, and so the Cause to proceed jucicially. In the End, after Ten Months Delay, conceiving it fittest to make their humble Suit to His Majesty Himself; thereupon, on the Sunday before Christmas was Twelve Months, this Deponent and Henry Garway, together with John Harison, delivered an humble Petition unto His Majesty, and humbly besought His Majesty either to hear and order the Business Himself, or refer them to the Council Board, and not any more to the Lord Treasurer, where they had endured so long Delay. His Majesty gave them a most gracious Answer: That He would not that any Man should be hurt or damnified by Him; but the Lord Treasurer best understood the Business; and He would command Him to make a speedy End with them; and calling Mr. Chancellor of the Exchequer, by him sent a Commandment to the Lord Treasurer, That he should speed their Dispatch; and thereupon the Lord Treasurer, being attended upon New Year's Eve, made an Agreement, that there should be an Allowance of Nine Thousand Five Hundred Pounds made unto them for their Satisfaction, to be paid in Nine Years and a Half. And, after this Agreement made, they did long and often attend the Lord Treasurer for his Warrant to Mr. Attorney, for passing their Book according to the Agreement; but his Lordship still delayed the signing of the Warrant. In the End, this Examinate, grieved at the Delay, told Mr. Dawes, that he marveled at the Delay, and thought there was somewhat in it that caused so long a deferring. To which Mr. Dawes answered, that he thought they must make their Passage by Money; and thereupon they propounded it to their Partners, who appointed One, which as he thinks it was Mr. Jacob, to move the Lord Treasurer thereabouts; by whom Word was brought, that Five Hundred Pounds must be given; which was agreed to be given, and Direction given to Richard Bishopp, their Cashier, to deliver so much Money to Mr. Jacob, or his Assigns, which was accordingly delivered the One and Thirtieth of July last, unto a Servant of Mr. Jacob, in Gold, for so it was required; and the same was entered into the Monthly Accompt, as a Gratuity for the Lord Treasurer. And saith, That, presently after the Delivery of the Money, the Warrant was signed by the Lord Treasurer, whereupon their Book passed shortly after. And further saith, That the 20th of December 1623, the Yearly Accompt being made up for the Partners, the said Five Hundred Pounds was there also entered in this Manner ("For a Gratuity given to the Lord Treasurer the Sum of Five Hundred Pounds"), which was then allowed by the Auditors of that Accompt, of which Mr. Dawes was one; and the same continued accordingly till the End of January, or Beginning of February. And then Mr. Jacob sent for this Examinate, and propounded to this Examinate and Mr. Garway, that the Lord Treasurer had told him, that the King was made acquainted with this Five Hundred Pounds, and that the Lord Treasurer had denied it to His Majesty; and therefore the Accompt must be altered, and this Five Hundred Pounds posted from that Accompt unto the Great Farm; and this was at the House of Mr. Jacob: To which this Examinate said, It might be done; but then not only the Book must be altered, but, there being Copies of the Accompt in the Hands of many of the Partners, they must be gotten in, which would be difficult; yet this Examinate would do his best, which he did accordingly; wherewith Jacob was well satisfied. And the said Alteration being made, there was Restitution made to this Examinate and such other of the Partners as had no Share in the Great Farm, of their Parts of the said Five Hundred Pounds, whereof this Examinate's Part was about Forty Pounds. And this Examinate did always take it, that this Five Hundred Pounds was given to the Lord Treasurer for his own Use for Dispatch of the said Warrant, and for no other purpose.

"Barnard Hide."

The said Examinate, upon further Question the Day and Year aforesaid, saith, That he doth well remember, that, besides the Proposition aforesaid at Mr. Jacob's House, the said Mr. Jacob did another Time, at the Custom House, propound the Alteration of the Accompt unto this Examinate, Sir John Wolstenholm, and Mr. Garway.

"Barnard Hide."

The Examination of Barnard Hide, taken the 20th of April 1624.

Hide's further Examination.

The said Examinate saith, That he doth perfectly remember, that, about the End of January or Beginning of February last, Mr. Jacob sent for this Examinate to his House, the said Mr. Jacob being at that Time not well in Health; and the said Mr. Jacob did then tell this Examinate, as from the Lord Treasurer, that the King had Knowledge of the Five Hundred Pounds given to the Lord Treasurer, which was charged upon the Accompts of the Petty Farms, and that his Lordship denied the same; and that his Lordship was angry at the charging it on the Petty Farms, and therefore would have the Accompt altered; and faith this Speech passed between them in Mr. Jacob's Green Parlour; and that there were in the Room at that Time Mr. Henry Garway and Richard Bishopp, but is not certain whether the same were openly spoken, whereby those Two might hear, or else said privately to this Examinate, to the End to make him more forward in the Alteration of the Book of Accompts, which was indeed a great Disgrace to their Book.

"Barnard Hide."

The said Examinate further saith, that, at Christmas last, the Farmers of the Petty Farms presented the Lord Treasurer with a Tun of Wine, as they had used to present in former Times; and intended to have presented him further with a Pipe of Canary Wine, or the best Sack; but, within short Time after, Mr. Jacob told this Examinate and some others of the Farmers, that the Lord Treasurer was angry with them, for that they had no better regarded him but with a Tun of Wine; and that his Lordship expected a better Gratification; and that his Lordship had named Two Hundred Pounds. And, in the End, the Farmers concluded to give him One Hundred Pounds; and this Examinate, by their Direction, delivered the said Hundred Pounds to his Lordship's own Hand; and the same was by him accepted, which, as Mr. Jacob took on him, was the rather by his Means; and thereupon the Pipe of sweet Wine was forborn to be sent.

"Barnard Hide."

Garway's Examination.

The Examination of Henry Garway, taken the Seventeenth of April, to the same Effect as Bernarde Hide in his first Examination.

The Examination of Abraham Dawes, taken the Seventeenth of April, 1624.

Dawes's Examination.

The said Examinate saith, That, after there was an Agreement made for Nine Thousand Five Hundred Pounds to be allowed to the Farmers for their Damage by the new Impost; this Examinate observing the Warrant was long delayed, and having Speech with Mr. Barnard Hide, told him, that he thought the Business was not well understood, nor a right Course taken; and that something must be given to the Lord Treasurer. And shortly after, this Examinate, being one of the Auditors of the Accompts concerning that Farm, and finding in the Book of Richard Bishopp a Sum of Five Hundred Pounds set down to be given to the Lord Treasurer for a Gratuity, asked the said Bishopp what Voucher he had for that Payment; who said, that he had the Hands of some of the Farmers for it. And because the Time would not be long before the Accompt for the whole Year should be made up, this Examinate pressed no further at that Time; but, when the Year's Accompt came to be made up, this Examinate finding the same Five Hundred Pounds then put to Accompt, called to Bishopp for his Voucher, who thereupon shewed to this Examinate a Note, under the Hand of Sir John Worstenholme and Mr. Henry Garway, for Warrant of that Payment. And further faith, That this Five Hundred Pounds being afterwards posted from that Accompt to the Great Farm, the said Bishopp told this Examinate he had Three Pounds odd Money for him for his Part of the Money, to which he had taken Exception in the Accompt of the Wine Farm; saying, that, by Direction of the Farmers, it was posted to the Great Farm; and that the Lord Treasurer would have it so; to which this Examinate answered, that would be prejudicial to this Examinate; for his Part thereof, in the Petty Farm, was but Three Pounds odd Money; but in the Great Farm it would come to Eighteen Pounds and above. And saith, upon his Oath, he ever conceived that Five Hundred Pounds to be given the Lord Treasurer for Dispatch of the Warrant for the Nine Thousand Five Hundred Pounds; and that, within short Time after the Partners had paid that Five Hundred Pounds, the Warrant was signed by the Lord Treasurer, and their Business dispatched.

"Abraham Dawes."

The Examination of John Harrison, taken 17th April 1624.

Harrison's Examination.

The said Examinate saith, That, after such Time as the Farmers of the Petty Customs had for many Months sued in vain to the Lord Treasurer for satisfaction of their Losses sustained by the new Impost of Wines; upon a Petition exhibited to His Majesty, and His Highness's Reference and Commandment to the Lord Treasurer in the last of December 1622, there was a Conclusion made, that the Farmers should have a Defalcation of Nine Thousand Five Hundred Pounds out of the Rent of the Wine Farm, for Nine Years and a Half, in Satisfaction of their Demands; but, notwithstanding that Agreement, and that a Warrant was prepared accordingly (which this Examinate knoweth, because he saw it in the Hands of Mr. Jacob his Lordship's Secretary), yet, for Five or Six Months together, the Lord Treasurer, though often instanced, could not be procured to sign the Warrant; whereupon Mr. Dawes intimating that it was likely that the Lord Treasurer expected some Gratuity, it was resolved to present him with Five Hundred Pounds, which Five Hundred Pounds is thus entered in the Monthly Accompt of the Petty Farms, ("By so much paid to the Lord Treasurer, by the Hands of Mr. Abraham Jacob, for Accommodation of a Thousand Pounds per Annum, Five Hundred Pounds"). And further faith, That the said Five Hundred Pounds was likewise put into the Yearly Accompt of that Farm; and thereupon Copies of the Accompt dispersed into the Hands of many of the Partners. But afterwards the same was altered, about a Month after the Summons of the Parliament, and was posted over to the Great Farm; and this Examinate, by the Appointment of Mr. Jacob, did call in divers of the Copies of the said Accompt, and believeth, and so it was generally conceived, that this was altered by the Lord Treasurer's Appointment. And further faith, That before the said Five Hundred Pounds was resolved to be given, Mr. Jacob did affirm that the Lord Treasurer did expect so much, as Mr. Hyde, near about that Time, and often-times, told this Examinate; and after that Five Hundred Pounds given, the Warrant was signed, and the Business dispatched with such Expedition, that the Book passed the Seal within a Fortnight or a little more after; and saith, That, upon Payment of the Five Hundred Pounds out of the Petty Farms, his Part came to Three Pounds odd Money; but, if he shall bear his Part thereof in the Great Farm, it will be about Fifteen Pounds Loss to him.

"Jo. Harrison."

The Examination of Richard Bishop, taken 22d of April 1624.

Bishop's Examination.

The said Examinate saith, That there was an Agreement made, as this Examinate heard from his Partners, and believes it to be true, by the Lord Treasurer, on His Majesty's Behalf, to allow a Thousand Pounds per Annum unto the Farmers of the Petty Farm, in Satisfaction of their Damage by the Imposition lately set upon Wines; which Agreement being made on New Year's Eve was Twelve Months, and continual Suit made after for the Dispatch, yet, for the Space of about Six Months, they were Suitors for the Warrant of Allowance, but could not get it, until Five Hundred Pounds was agreed to be given the Lord Treasurer; and this Examinate, being Cashier to the Petty Farms, received Order from Mr. Jacob, Mr. Hide, and some others of the Farmers, to put the same to Accompt, which, according to their Direction, he did, and entered the same in his Journal Book, in these Words: ("31st July, 1623, The Farm of French Wines oweth to Ready Money the Sum of Five Hundred Pounds, paid and presented to the Lord Treasurer, by the Hands of Mr. Abraham Jacob, for a Gratification for his Lordship's Favour, in accommodating an Allowance of a Thousand Pounds per Annum to be abated out of the Rent for the Time to come. I say, paid to the Hands of Mr. Jacob Five Hundred Pounds"): And he did likewise enter the same into his Ledger Book; and in the End of the Year, the said Five Hundred Pounds was put in the general Accompt of the Farm, as a Gratuity to the Lord Treasurer, and thereby the Dividend of the Farm was so much the less; and the same Account was audited and allowed by Mr. Hyde, Mr. Fletcher, Mr. Dawes, and Mr. Willmer. And after, in February last, this Examinate received Direction to amend the Account; and thereupon, the 28th of February last, this Examinate made an Entry as followeth in his Journal Book. ("The Accompt of the Three Petty Farms for the Year ended at Michaelmas last oweth to several Accompts the Sum of Five Hundred Pounds; and is for so much dividable to the Partners, over and above the Sum of Thirteen Thousand One Hundred Twenty Pounds, Twelve Shillings, and Ten Pence, formerly divided for the Profit of the Year ended at Michaelmas last; for which the said Partners are due to have as followeth:") And then did enter every Man's Name, with his Part of the Five Hundred Pounds belonging to each Man. And the same was also entered into another Ledger Book, as appears by the several Books containing all the aforesaid Entries fairly written, and now shewed to the Lords Committees. And saith, That, albeit he had Order to have razed the Accompt, yet he did it not, but kept the same and the Books fair, and took so much the more Labour, and entered all specially as is aforesaid.

"Rich. Bishopp."

And these Examinations were read, touching the Business of the Great Farms: videlicet,

The Examination of Henry Garway, taken the 17th of April 1624.

Garway's further Examination.

The said Examinate saith, That this Examinate and others having taken a Lease of the Great Customs; in short Time after, they were told by Mr. Jacob, that the Lord Treasurer desired to have the Disposition of some Parts in that Farm; but nothing was concluded thereon, saving that this Examinate and the Patentees told Mr. Jacob, they would desire his Lordship to give them Leave to dispose of all the Parts among their own Friends, and they would be thankful to his Lordship if the Farm did prosper. And accordingly the Farmers presented unto his Lordship a Note, containing all the Partners and Distributions of all the Two and Thirty Parts of the Farm, to the Intent his Lordship might, according to that Proposition, give Warrant for their entering Security to His Majesty; which his Lordship accepted and allowed, and gave Warrant to the King's Remembrancer to take Security accordingly; whereupon the Farmers went first, and procured as many others as they could to go after, to Mr. West, to give Security. But Five of them, not willing to proceed in the Farm, fell off; whereupon this Examinate, and the other Patentees that had undertaken to give His Majesty Security, moved the Lord Treasurer to accept Security of them, and they would resume those Five Parts to themselves; and his Lordship said he would: Nevertheless he did defer to sign any Warrant therefor; but did not then, nor long after, speak of any Parts for himself, or to be at his Disposition, neither doth this Examinate conceive any Reason his Lordship should; the Opinion of the Farm being then so mean, that Five of their Partners fell off; but the Warrant for Security being deferred till some East India Ships came in, which, as this Examinate remembers, was about May and June 1623, and the Farm then growing hopeful, his Lordship then began to challenge Four Parts in the Farm, or else to have Recompence for the same; which the Farmers thought to be very hard; they having, upon their first Promise of Thankfulness, and in Performance thereof, augmented his Lordship's New Year's Gift, which formerly was but a Thousand Marks, and in the Year following was made a Thousand Pounds; nevertheless his Lordship demanded a Thousand Pounds in Lieu of his Four Parts. This Examinate and his Partners thought the Demand altogether unreasonable, they not owing any Thing to his Lordship, nor there being any Thing due to his Lordship in that kind; for that, upon his first waving his Claim of Parts, the whole Farm, long before this second Demand, was divided by Indentures among all the Partners; yet, understanding that the Farmers of the Petty Farms, whose Business did stick, as well as the Business of the Great Farm, were willing to present Five Hundred Pounds to his Lordship to remove the Stop, the Farmers of the Great Farm consented to give Five Hundred Pounds more, and both of them employed Mr. Jacob to negotiate their Business, who procured a speedy Dispatch of both Businesses, and had Allowance of Five Hundred Pounds out of the Great Farm, and Five Hundred more out of the Petty Farms; which Money, set first upon the Petty Farms, was after posted to the Great Farms, as in his other Examination taken this Day is set forth.

"Henry Garwaie."

The Examination of John Williams, taken 17th April, 1624.

Williams's Examination.

The said Examinate saith, That, after His Majesty had made the last Lease of the Great Customs, there was Security of Eight and Forty Thousand Pounds, touching that Farm, to be given to His Majesty; which being divided into Two and Thirty Parts, each Part was to secure Fifteen Hundred Pounds, Parcel of the said Eight and Forty Thousand Pounds. And thereupon the Names of all the Partners, and the Sums they were to secure, were put into One Paper; which was allowed by the Lord Treasurer; and his Lordship underneath subscribed a Warrant to the King's Remembrancer, to take Security according to that Note; but after, Five of the Parts fell off, whereby His Majesty's Security fell short Seven Thousand Five Hundred Pounds; and thereupon the Farmers, willing to undertake those Parts themselves, moved the Lord Treasurer to accept their Security for those Parts, which, as this Examinate was told by the Farmers, his Lordship said he would accept, yet deferred to make a Warrant to the Remembrancer to take the Security, from September 1622, until June or July last, and then gave Warrant therefor. Howbeit this Examinate saith, That, before the same Warrant passed, the Farmers were drawn to yield to a Gratuity of Five Hundred Pounds, which this Examinate knoweth; for that a Servant of Mr. Jacob, who paid that Money, demanding Allowance thereof upon the Accompts of the Farm, this Examinate refused to give Allowance thereof until he brought to this Examinate a Warrant, signed by Sir John Wolstenholm and Mr. Henry Garway, which was now shewed to him, dated the 29th of July 1623; and thereupon this Examinate, on or about the Eighth of August last, gave Allowance thereof; and saith, That he understood that about that Time the Lord Treasurer had claimed Four Parts in the said Farm, which seemed strange to this Examinate and the Partners; and saith, That he himself, being One of those Five named in the First Warrant, which gave up their Parts, had his Part from and under Mr. Henry Garwaye's Quarter; and neither he, nor any of the other Four, had their Parts from the Lord Treasurer; neither were their Parts to return to the Lord Treasurer. And saith further, That, upon an Account which began to be made in April 1623, and was audited the Ninth of July 1623, for the Year ending at Christmas 1622, the Five Parts of them that fell off were divided amongst the Four Farmers; and this Examinate made up the Account in that Manner by the Farmers Warrant.

"John Williams."

The Examination of Abraham Dawes, taken the Twentieth of April, 1624.

Dawes's further Examination.

The said Examinate saith, That the Farmers of the Great Customs having agreed upon taking a Lease of that Farm, they among themselves divided the Farm into Two and Thirty Parts, by the Partners of which Parts proportionable Security was to be given to His Majesty, amounting in all to Eight and Forty Thousand Pounds, unto His Majesty's Use. And the Lord Treasurer made a Warrant to the King's Remembrancer to take Security accordingly, without reserving any Parts to himself, or any other, than as was mentioned in that Warrant; but Five of the Partners falling off, the Four Patentees resolved to accept those Parts for themselves, and to divide them equally amongst them, and to give their own Security to His Majesty for those Five Parts; and further saith, Thatt his Examinate finding, both by the Accompts of the Farm, and by Conference with Mr. John Williams, that Five Hundred Pounds was put upon the Accompt of the Farm, as a Gratuity to the Lord Treasurer, for accepting Security for those Five Parts, told Mr. Williams, that it was hard and unequal that Five Hundred Pounds should be set upon the whole Farm, for that which concerned those Five Parts only which the Four Partners took to themselves; and saith, That this Conference was between him and Williams about July last; and further saith, That he had Conference with Sir John Wolstenholm about Two Months past, what Parts the Lord Treasurer had reserved in that Farm; who said, he propounded at first to have some Parts; but the Farmers, doubting lest by that Means Sir Arthur Ingram might be put upon them, intreated his Lordship to permit them to dispose of all the Parts; and they would be thankful to his Lordship some other Way; wherewith his Lordship was satisfied; and that, in Performance of that Promise, whereas at Christmas before they gave him One Thousand Marks, the next Christmas, and so since, they had given him a Thousand Pounds.

"Abraham Dawes."

"The Examination of John Harrison, taken the 20th of April 1624.

Harrison's further Examination.

"The said Examinate saith, That, a little before Christmas was Two Years, Sir John Wolstenholme told this Examinate, that, upon the taking the Great Farm, the Lord Treasurer desired to have some Parts therein for some of his Friends; but the Farmers fearing lest any should be put on them with whom they were not willing to join, moved his Lordship to let them dispose of the Farm as they thought good, and they would gratify him otherwise; which his Lordship was content with. And this Examinate further saith, That, about April was Two Years, the Farmers divided the Farm into Two and Thirty Parts, proportioning to every Man the Security he was to give to His Majesty. All which the Lord Treasurer allowed, and signed a Warrant to Mr. West to take the Security accordingly; which Warrant this Examinate carried to Mr. West, who prepared a Condition of a Bond, which was perused and made perfect by Mr. Attorney; and most of the Partners entered Bond accordingly, only there remained Five Parts unsecured. And further saith, There were Indentures drawn for distributing the Parts according to the Division made as aforesaid; and concerning the Five Parts unsecured, the Patentees, who would not seal any Indentures but to such as gave Security to the King, took those Parts to themselves, and offered the Lord Treasurer their own Security; but the taking thereof being long delayed, and Five Hundred Pounds having been given the Lord Treasurer by Mr. Jacob, which the Farmers were to see re-paid to Mr. Jacob, there was a Warrant to be given to Mr. John Williams, the Cashier of that Farm; and the said Warrant being so to be written by this Examinate, Mr. Garway called this Examinate into the Office of the Custom-House, to direct him in the drawing of that Warrant; and accordingly required him to make a Warrant to Mr. Williams, for allowing Five Hundred Pounds to Mr. Jacob; yet so carried himself, that he appeared to this Examinate unwilling that this Examinate should know why the said Five Hundred Pounds was disbursed; yet, in the End, perceiving that he could not well hide it from this Examinate, he plainly told this Examinate that this Five Hundred Pounds was given the Lord Treasurer to procure him to take the Patentees own Security for those Five Parts that had been relinquished; and said, in respect the Farm was not sufficiently secured until that Security given, he thought it reasonable that Five Hundred Pounds should be put upon the Charge of the whole Farm; and therefore wished this Examinate, in drawing the Warrant, * would bid Mr. Williams put it to Accompt of the General Charge, which was done accordingly; and thereupon Mr. Jacob had Allowance thereof, and the Five Hundred Pounds was put unto the Accompt of the Farm; and further saith, That he hath sithence understood from Sir John Wolstenholm, that, as they promised to gratify the Lord Treasurer for leaving the Claim of any Parts in the Farm, so they have performed it since, in raising for the Two Years past his New Year's Gift from One Thousand Marks to One Thousand Pounds. And saith, That, although he * hath been much employed in the Business of that Farm, yet he doth not know any Thing that the Lord Treasurer had any Right or Equity to any Parts of that Farm; and that Claim which he first made, and after relinquished, was only for recommending some Friends, and not for himself.

"Jo. Harrison."

"The Examination of Sir John Wolstenholm, Knight, taken the 17th of April, 1624.

Sir John Wolstenholm's Examination.

The said Examinate saith, That the Farmers of the Petty Farms, finding their Business to suffer great Delay with the Lord Treasurer, did, as this Examinate was made acquainted by Mr. Hide and others, resolve to present his Lordship with Five Hundred Pounds; and that the same was presented; and Mr. Jacob himself did acknowledge so much. And he further saith; That between Christmas 1621, and the Nine and Twentieth of April 1622, the Lord Treasurer challenged a Promise of the Farmers to have had Four Parts in the Great Farm for himself and his Friends; upon Promise of Thankfulness from the Farmers of the Great Farm, was content to relinquish those Parts; in respect whereof, Mr. Jacob afterwards telling them that my Lord Treasurer did expect their Thankfulness, the Farmers were content to advance his New Year's Gift of One Thousand Marks to a Thousand Pounds by the Year. And his Lordship being agreed as aforesaid to relinquish his Parts, upon the said Nine and Twentieth of April 1622, did sign a Warrant to the King's Remembrancer for taking Security; in which Warrant all the Partners and the full Two and Thirty Parts of the Farm are set down, and no Part thereof reserved to his Lordship. After which Warrant, Five of the Partners named in that Warrant fell off, and would not proceed; whereupon the Farmers themselves moved his Lordship to accept their Security for those Parts, and they would take upon them those Parts; and his Lordship then made no Claim to those Parts, yet delayed the Warrant by the Space of a Year after or thereabouts, never claiming any Parts in all that Time; but the East India Ships afterwards coming in, whereby there was apparent Likelihood of Gain, his Lordship then challenged Four Parts, and would not sign the Warrant for accepting their Security until they had promised or given Five Hundred Pounds; and this Examinate and Mr. Garway signed a Warrant unto Mr. Williams, for Payment of that Five Hundred Pounds. And saith, When he signed the said Warrant, he had no Thought or Expectation that the other Five Hundred Pounds should ever have been put upon the Great Farm, but that it should still have rested on the Petty Farms.

"Jo. Wolstenholm."

"A Warrant to Mr. Williams.

29Julii 1623.

"Jo. Wolstenholme.

"Henry Garway.

"This Warrant was shewed to John Wylliams, 17 Aprilis, 1624.

"John Wylliams."

The Examination of Abraham Jacob, taken the Seventeenth of April, 1624.

Jacob's Examination.

The said Examinate saith, That, upon the Conclusion for the Lease of the Great Customs, the Lord Treasurer told them, that he would reserve some Parts in the Farm, nominating at first Six Parts, and after Four Parts; but the Farmers, fearing that thereby some Partners might be put on them with whom they had no Liking to join, intreated that his Lordship would give them Leave to dispose thereof amongst their own Friends; and, if the Farm did prosper, they would be thankful to his Lordship; and his Lordship, consenting thereunto, signed a Warrant to Mr. West, for taking Security; in which Warrant the whole Farm was divided into Two and Thirty Parts, and all the Partners named, with each Man's Proportion, of which Number Five afterwards fell off; and thereupon the Farmers became Suitors to the Lord Treasurer to take their Security for those Parts; to which his Lordship condescended, and said, he would give Warrant accordingly; but did not give Warrant until about June last; in which mean Time the Farmers and Partners did distribute and divide the whole Farm by Indentures, reserving those Five Parts among themselves; and the Money for the First Year was divided among the Partners, according to the Indenture; but, in the Second Year, the Farm prospering, and some East India Ships coming in, his Lordship again challenged Four Parts; which this Examinate thought strange, and so told his Lordship; for that his Lordship had, in the Beginning, waved that Claim, and had given his Warrant to Mr. West for the whole Two and Thirty Parts. To which his Lordship answered somewhat sharply, and said, That was but an Omission. Besides, this Examinate told him, That he had no Ground for that Demand, because he desired at first to have it for others. To which his Lordship answered, Sir Arthur Ingram, and they for whom he meant it, had left the Parts to himself. Whereupon this Examinate and his Partners, not knowing how to withstand his Lordship's Will, though they knew no just Reason of his Demand, were driven to bethink of some Course to satisfy his Lordship. And the Farmers of the Petty Farms, whose Business for their Nine Thousand Five Hundred Pounds had been long delayed, having, about that Time, fallen to a Resolution to present his Lordship with Five Hundred Pounds, the Farmers of the Great Customs also agreed to add Five Hundred Pounds more; and this Examinate, by Warrant from the Farmers of the Great Farm, delivered his Lordship One Thousand Pounds, Five Hundred whereof was again allowed upon the Great Farm to this Examinate, and other Five Hundred Pounds out of the Petty Farms; and the Business of both Farms had a Dispatch. And saith, That the Farmers of the Petty Farms did, as this Deponent assuredly believeth, disburse that Money for their own Business, and not for the Business of the Great Farm. And saith, The said several Sums of Five Hundred Pounds were severally put upon the Accompts of the several Farms, and so continued till about January last; and then his Lordship having, as it seemed, some Notice how those Monies were set in the Accompts, asked this Examinate thereof; and this Examinate taking Time till the Morrow, and then bringing Word to his Lordship that it was set, Five Hundred Pounds upon the Great Farm, and Five Hundred Pounds upon the Petty Farms, his Lordship in some Passion said, Then have you done me Wrong; this will trench into my Honour. I received of you the Thousand Pounds for my Parts of the Great Farm, and it had no Reference to the Petty Farms. And considering of it about two Days, sent for this Examinate, and dealt with him to have the Accompts amended; which this Examinate, with Consent of the Farmers, procured; yet, not contented therewith, after Two or Three Journeys, caused this Examinate, with Consent of the Farmers, to write a Letter to his Lordship, dated about June last, by Antedate, though written in January last, whereby this Examinate did intimate or acknowledge that the Thousand Pounds was given his Lordship for Four Two and Thirtieth Parts of the Great Farm; and, at the same Time, his Lordship gave an Acquittance to this Examinate, with the like Antedate, acknowledging the Receipt of the Thousand Pounds for the said Four Two and Thirtieth Parts; which Acquittance was now delivered to the Lords Committees. And saith, There was no Acquittance required, nor Receipt taken, till January last; but the Lord Treasurer, sending Catchmay his Servant to receive the Money, commanded him to give no Receipt or Acquittance to this Examinate, but to leave this Examinate to his Lordship. And this Examinate paid the said Thousand Pounds to Catchmay the 27th of June last. And further saith, That, where the Farmers promised to be thankful to his Lordship, for waving his Parts, if their Farm prospered, they raised his New Year's Gift from One Thousand Marks to One Thousand Pounds.

"Abraham Jacob."

Also the said antedated Acquittance, mentioned in this Examination of Abraham Jacob, for the said One Thousand Pounds, to be paid the 27th of June 1623, for the said Four Two and Thirtieth Parts, was read.

To prove the Corruption, under Colour of a NewYear's Gift.

And to prove the Third Corruption, shadowed under the Pretext of a New-Year's Gift, were read these Examinations: videlicet,

The Examination of Abraham Jacob, taken the 20th of April, 1624.

Jacob's further Examination.

The said Examinate saith, That the Farmers of the Petty Farms having, at Christmas last, presented the Lord Treasurer with a Tun of Wine; shortly after the Lord Treasurer, misliking thereof, told this Examinate, That they had included Three Farms in One Lease; and that the Lord Treasurer, having used to be presented out of all those Farms, they now put him off with a Tun of Wine; and did very much express himself offended thereat; and did let fly at this Examinate for the same. And thereupon this Examinate moved the Farmers, who consented to give him an Hundred Pounds; but this Examinate said it was too little. And saith, That, when the Lord Treasurer declared himself offended at the Smallness of the Present sent to him as aforesaid, this Examinate told him, that the Farmers intended to present him with Two Pipes of Canary Wine; but his Lordship said, he would not be so used, and slighted the Offer.

"Abraham Jacob."

Hide's further Examination.

"And the Examination of Barnard Hide, taken the same Day, who deposeth to the Presentment of the Tun of Wine as aforesaid to the Lord Treasurer, with an Intent to present him also with a Pipe of Canary Wine, or the best Sack. That Mr. Jacob told him and others, that the Lord Treasurer was angry he was not better regarded; and that he expected a better Gratification; and that his Lordship named Two Hundred Pounds: That therefore he delivered the Lord Treasurer an Hundred Pounds, to the Lord Treasurer's own Hands; but the Pipe of sweet Wine was forborne to be sent."

And thus Mr. Attorney ended the Charge for the said Three Corruptions.

Ld. Treasurer's Answer.

"The Lord Treasurer answered, That the greatest Part of these Proofs swore not that they of the Petty Farm gave him the Five Hundred Pounds; that it is true, the Great Farmers paid it to his Lordship, and laid it on the Petty Farm, and deceived them, and abused his Lordship thereby."

He denied, "That the Petty Farmers were Suitors to His Majesty at such Time as is informed; but that they complained to his Lordship; and he directed them to exhibit their Bill into the Exchequer Chamber, and directed Mr. Attorney to answer it.

"That they liked it not; but, by some powerful Means, delivered a Petition to the King, a very scandalous Petition against his Lordship, which the King referred to the Chancellor and himself. That they demanded an Allowance of Ten Thousand Pounds to be presently made; and he allowed them but Nine Thousand Five Hundred Pounds, to be paid in Nine Years and a Half; for which he deserved no Bribe.

"That his Warrant to the Attorney was delayed for these Two Causes: First, for that his Lordship propounded to buy in their Farms for the King; Secondly, for that their Warrant was not drawn as it ought to be."

Touching the Great Farm, his Lordship said, "He would make it appear that he had reserved Four Thirtytwo Parts therein for himself and his Friends;" and alledged, "that those Farmers have confessed, that their Farm prospering, the Lord Treasurer did thereupon demand a Recompence for his Parts."

Proofs on Behalf of the Ld. Treasurer.

And here his Lordship read the Heads of his Proofs out of a Paper; and then required that the Examinations taken on his Part might be read; which were read accordingly by the Clerk: videlicet,

"The Examination of Sir Arthur Ingram, Knight, taken the 3d of May, 1624.

Sir Arthur Ingram's Examination.

"That, some Time before Christmas 1621, the old Farmers of the Great Farm, videlicet, Sir John Wolstenholme, Henry Garway, Abraham Jacob, and others, were Suitors to the Lord Treasurer, for the renewing of their Lease of the same Farm; and made Offer to give His Majesty so much yearly Rent for the same as they alledged none other would give; whereupon the Lord Treasurer acquainted this Deponent therewithall, and desired him that, for the better Advancement of His Majesty's Rent and Service, he would do his Endeavour to procure some sufficient Persons to join with him to make an Offer for the undertaking of the said Farm. And thereupon he, this Deponent, dealt with divers Persons of his Acquaintance, of good Quality, for that Purpose; and he, together with some of them, as namely, Sir Philip Cary, Mr. Alderman Johnson, Mr. John Eldred, Mr. William Ferrers, Esquires, and one Mr. Cooper, for themselves, and others who were willing to join with them, did make an Offer of a Thousand Pounds per Annum more than was offered by the old Farmers; which when they had Notice of, then, and not before, they offered as much, or near thereabouts.

"That he, this Deponent, was afterwards told, that the King's Majesty had signified His Gracious Pleasure, That the old Farmers should be preferred to the new, taking again of the said Great Farm at that improved Offer they had made before any others; and thereupon he, this Deponent, did desire the Lord Treasurer, That, forasmuch as the said Offer made by him and his Friends was the Cause of that Improvement, therefore his Lordship would reserve some Parts of the same Great Farm to gratify such of them withall as would be desirous to have any Parts thereof, for their better Encouragement to do His Majesty Service afterwards.

"That he hath heard it credibly affirmed, that the same Great Farm, at the first Agreement for the new taking thereof, was divided into Thirty-two Parts, whereof some of the old Farmers and their Partners had, or were to have, some of them more of the same Parts than others, and some less; and he, this Deponent, saith, That he having formerly moved the said Lord Treasurer to reserve some Parts for his Friends, the rather to encourage them to join with him again in any the like Service, the Lord Treasurer, at or about that Time, told this Deponent, that he had reserved Six Thirty-two Parts of the said Farm to be disposed amongst them, as he this Deponent thought good. And then he, this Deponent, did make some of his Friends acquainted therewith; and namely, Sir Philipp Cary, Mr. Ferrers, Mr. Cooper, and some others, who at the first seemed willing to undertake some of the same Parts; but afterwards, perceiving that thereby they should enter into great Bonds unto the King for the Payment of the Rent, and undergo other great Adventures, and yet should have no Hand in managing of the Business; but that the old Farmers would retain the Execution thereof wholly to themselves, as formerly they had done; therefore those his Friends, which at the first seemed willing, did return Thanks to this Deponent for his Kindness in that Behalf, and refused to have any of the same Parts at all; whereupon he, this Deponent, did, shortly after, acquaint the Lord Treasurer with the same their Refusal; and, giving his Lordship like Thanks, did leave all the same Parts to the Lord Treasurer again in his own Power, to be disposed as he thought fit.

"Ar. Ingram."

"The Examination of George Lowe, of London, Merchant, taken the 3d of May, 1624, in hæc verba:

Lowe's Examination.

"I George Lowe, of London, Merchant, was desirous to have a Part in the Great Farm; and did move Sir George Wolstenholme and Mr. Henry Garawaie, Two of the Farmers, that I might have a Part with them in the same Farm. Mr. Garawaie answered, That all their Parts were appointed and disposed of; but said, that the Lord Treasurer had reserved some Parts to his own disposing; and that his Lordship might let me have a Part if he so pleased.

"George Lowe."

The Examination of Richard Venn, taken the 3d of May 1624.

Venn's Examination.

"I was Twice or Thrice with Sir John Wolstenholme, one of the now Patentees, to intreat I might have a Part in the Great Farm with him and his Partners; with whom I hoped to have prevailed, because I had been formerly a Partner with them in the said Great Farm; and at that Time, and now also, I am Partner with them in the Petty Farms; but he answered me plainly, their Parts were all full; and appointed me, if I desired to have a Part, I must repair unto my Lord Treasurer, which accordingly I did. It pleased his Lordship to answer me, That he will do his best to help me to a Part, for he had reserved some Parts. Afterwards, upon further Consideration, knowing the Merchant Adventurers had lost the One Half of their Trade, and that they imported * little else but Spices for their Return, myself being a poor Member of that Company, and that the Farmers chief Hopes was upon the East India Trade, I did attend my Lord Treasurer again, and prayed his Lordship, if it might not be offensive, that, if he intended me any Part, he would bestow it elsewhere.

"Rich. Venn."

"The Examination of Edward Ferraers, taken the Fourth of May, 1624.

Ferrers's Examination.

"That he hath no Part in the Great Farm; but, upon the Farmers taking a new Lease thereof of His Majesty, then this Examinate did earnestly desire the Lord Treasurer to have a Part of the Great Farm, and Employment in the Custom House. His Lordship promised this Examinate that he should have One Two and Thirtieth Part in the Great Farm, and also Employment in the Custom House. This Examinate often attending his Lordship, about a Month and more, to accomplish his Desire, his Lordship told him, that he might have one Two and Thirtieth Part, but no Employment; for the old Farmers had told his Lordship, They would have no new Man to come in to see into their old Accompts (as his Lordship said). Whereupon this Examinate answered, he would have no Part of the Farm without Employment; and so relinquished his Lordship of his Promise.

"That he afterwards acquainted Mr. Abraham Jacob, one of the Farmers, with his said Request to my Lord Treasurer, and desired his Furtherance therein; who replied, If my Lord Treasurer have promised you, you may trust on him to perform it.

"Edward Ferrers."

"The Examination of Sir Nicholas Fortescue, Knight, taken the 3d of May, 1624.

Sir Nicholas Fortescue's Examination.

"The Lord Treasurer promised that I should have One Two and Thirtieth Part of the Great Farm, which I had, and entered into Bond for it as others did, by his Lordship's Appointment. The said Part I still have; and did ever conceive he did appoint it for me, according to his Lordship's Promise about the Time the Great Farm was let.

"Nich. Fortescue."

The Examination of Sir Phillip Cary, Knight, taken the 3d of May, 1624.

Sir Philip Cary's Examination.

"When the Farmers had made their Contract with the Lord Treasurer for the Great Farm, I intreated his Lordship that I might have some Part in it, in respect I had been one of those who had bidden for that Farm, and been a Means to raise it, for the King's Benefit. His Lordship then promised me that I should have a Two and Thirtieth Part. Within few Days after, meeting with Mr. Abraham Jacob, I told him that I had heard that he and the rest of the Farmers had concluded with my Lord Treasurer for the Great Farm; whereupon I had requested his Lordship for a Part in it, and he had promised to reserve a Two and Thirtieth Part for me. Mr. Jacob answered, That I needed not to have troubled my Lord for it, for that I might have had so much from the Farmers themselves, if I had desired it of them: I said, that was more than I did know; but, when I understood that I must enter into Bond of Fifteen Hundred Pounds to the King, and that the managing of the Business must be put into the Hands of a few Committees (the rest of us sitting for Cyphers), and doubting that the Benefit of the Bargain would not be worth the undergoing these Inconveniencies, I resolved with myself absolutely to relinquish, and intreated Sir Dudley Diggs to signify so much to the Farmers, together with my Reasons for so doing; which not long after he told me, he had done, and and that they were contented and would bear it themselves.

"Ph. Cary."

"The Examination of Sir Richard Weston, Chancellor of the Exchequer.

Sir Richard Weston's Examination.

"That I had Two Two and Thirtieth Parts in the Great Farm; and that, about March or April was Twelvemonth, I sold those Two and Thirtieth Parts to the Farmers, for Five Hundred Pounds; which the Deed or Bond between the Farmers and me will declare. That, about Midsummer last, going with my Lord Treasurer in his Coach to Chelsey, he told me, with some Joy, that he had sold his Four Two and Thirtieth Parts to the Farmers, for a Thousand Pounds; and that he had made that Bargain after the Rate of mine; being remembered of it by Sir Arthar Ingram.

"Rich. Weston."

These Examinations being read, Mr. Willis (the Lord Treasurer's Secretary, who assisted his Lordship in sorting his Papers) withdrew himself, by Commandment of the Lords.

Lord Treasurer collects his Proofs.

Then the Lord Treasurer made a brief Repetition of his Proofs of his Interest in some Two and Thirtieth Parts of the Great Farm; and took Exceptions against the Testimony of Abraham Jacob, "for that it varied, in the Time of Payment of this Thousand Pounds, from the Testimony of Bernard Hide." And his Lordship affirmed, "That the Five Hundred Pounds was misplaced, by him the said Abraham Jacob and Two more, on the Farmers of the Petty Customs; whereas he received the same only for his Interest in Two and Thirtieth Parts of the Great Farm."

And as touching the ante-dated Letter, and the ante-dated Acquittance, his Lordship said, "That they were so done lest Abraham Jacob should die, and so his Testimony be lost."

Mr. Attorney's Reply.

Unto which Mr. Attorney replied, "That it is sufficiently proved, that the Lord Treasurer, neither when he received the Thousand Pounds, nor long before, had any Right to the said Two and Thirtieth Parts." And thereupon he stated the Case as before, and rehearsed the Seven Reasons by him formerly alledged to prove that the Lord Treasurer had waved his Proposition of having the disposing of any Parts in the Great Farm. And further, he directed the Clerk to read these Examinations taken here, ex porte Domini Thesaurarii: videlicet,

"The Examination of Mr. Henry Garwaye.

Garway's Examination read.

"That he doth absolutely deny, that the Lord Treasurer, at the Time of his Demand of a Thousand Pounds, which was about the Middle of June last, to his best Remembrance, had any Interest, or Right, to any Parts in the Great Farm; holding his Lordship exempted and the Patentees invested in those Parts relinquished, then when his Lordship had signed the Warrant to Mr. West, His Majesty's Remembrancer, to accept of their Security: But the said Henry Garway confesseth, that he doth well remember that Mr. Jacobs did intimate unto him, and to the rest of the Patentees, the Lord Treasurer's Demand of a Thousand Pounds, under Pretence of Four Two and Thirtieth Parts of the Farm; but not in that Manner that we should buy them, or he sell them unto us; which Motion, he also remembereth well, they entertained with a great deal of Indignation; wondering what his Lordship should mean, to lay Claim to that he had no Manner of Right unto: But, when this Deponent and Partners saw and perceived, by Mr. Jacobe, that the Lord Treasurer was bent by all Means to have his Will, after some few Days Consideration of their Business then depending with his Lordship, namely, the Signing of the Warrant for the Recompence of the Damage sustained by the Petty Farms, and likewise the Warrant for the perfecting the Security for the Parts of the Great Farm relinquished by Sir Phillip Cary and others; they resolved, having the Consent of the Partners in the Petty Farms, to give Liberty to Mr. Jacobe to promise his Lordship a Thousand Pounds, whereof Five Hundred Pounds was to be paid by the One Farm, and Five Hundred Pounds by the other; but without any Acknowledgment of Right.

"That Mr. Jacob had Order from this Deponent, and his Partners in the Great Farm, for Five Hundred Pounds; and from Mr. Hyde and Mr. Dawes, and others, Partners in the Petty Farms, for other Five Hundred Pounds, to be given to his Lordship, as a Gratuity, to prefer their Business, but not for any Interest to any Parts of the Great Farm, as he conceiveth.

"That he conceiveth it to be true, that Mr. Jacob paid unto the Lord Treasurer, in One entire Payment, a Thousand Pounds, as in the former Depositions is declared: And that the said Payment, as he hath heard Mr. Jacob say, was about the latter End of June last.

"That, presently after the Lord Treasurer had signed the Warrant to Mr. John West for the accepting of their Security as aforesaid, which was in April 1622, to this Deponent's best Remembrance; he, this Deponent, and his Partners, the Patentees in the Great Farm, gave Order to draw up the Indentures for the Division of the whole Two and Thirtieth Parts, which was done long before the Lord Treasurer made any Demand of Parts; for, to this Deponent's best Remembrance, the Lord Treasurer did not make any Demand till the Month of June, 1623, to his Knowledge. And as to the Parts divided amongst the Patentees, this Deponent doth make Answer, That the Division then made was as followeth: videlicet, To Sir John Wolstenholme, Five Two and Thirtieth Parts and Three Quarters; to Mr. Abraham Jacob, Four Two and Thirtieth Parts and Three Quarters; to Mr. Morrice Abbott, Four Two and Thirtieth Parts and Three Quarters; and to this Deponent Five Two and Thirtieth Parts and Three Quarters.

"But, at the Time that Mr. Jacob made the Proposition on the Behalf of the Lord Treasurer, there was no new Division, for that the whole Thirty-two Parts were all divided long before.

"That the said Thousand Pounds was given by Consent of those that had the managing of the Business in both Farms, as is before declared; and it was after a Consultation had amongst the Partners of both Farms, and not before; and the Partners that were present at these Consultations were, Sir John Worstenholme, Mr. Abraham Jacob, Mr. Barnard Hide, Mr. Abraham Dawes, Mr. John Harrison, and this Deponent; all Partners in the Petty Farms, and all, excepting Mr. Hide, are interested in the Great Farm; but whether any other of the Partners were present, he remembereth not.

"That the Patentees of the Great Farm did never, to his Knowledge, demand of the Partners of the Petty Farms any Sum of Money, to be given to the Lord Treasurer; but the Partners in the Petty Farms, without any Motion from the Patentees of the Great Farm (finding their Business for Recompence had so long stuck), did freely, and of their own Accord, declare their Consent to give Five Hundred Pounds, as conceiving their Business would never receive an End till the Lord Treasurer were gratified; and on the other Side, the Patentees of the Great Farm, finding themselves oppressed with an unjust Demand, were willing to entertain their Offer, to ease themselves of Part of the Burthen.

"That hitherto the Five Hundred Pounds charged in the Accompts of the Petty Farms, as a Gratification to the Lord Treasurer, is not yet passed to the Accompt of the Great Farm; but he acknowledgeth it to be true, that, at the Importunity of the Lord Treasurer, made unto them in January or February last, when he alledgeth it might intrench upon him in point of his Honour, if it were not taken off from that Accompt, and paid unto the Partners of the Petty Farms, the Patentees of the Great Farm, not willing to deny a Lord Treasurer of England for a Matter of Five Hundred Pounds, did give their Consents to take the Burthen upon themselves in equal * Proportions; for this, videlicet, One Hundred Twenty-five Pounds for every Patentee's Fourth Part.

"That the Four Patentees of the Great Farm (then when Mr. Jacob had made the Proposition for a Thousand Pounds for the Lord Treasurer) did agree only to pay Five Hundred Pounds, and to accept the Offer of the Petty Farms for the other Five Hundred Pounds; which Five Hundred Pounds, so by them the Patentees of the Great Farm to be given, they ever intended for a Gratification for passing of their Security; and the Warrant which did order Mr. Williams, their Treasurer, to re-pay the said Five Hundred Pounds to Mr. Jacob, doth make Mention that it was for a Gratification, as by the said Warrant it doth and may appear; and the said Sum of Five Hundred Pounds remaineth to this Day in the same Nature it was paid, without any Alteration.

"It is true, that the Four Patentees have equally divided amongst them the Parts relinquished by Sir Phillip Cary and the rest; for they are only bound as Patentees to His Majesty, and the rest but as Sureties; and, if all the rest of the Partners should have relinquished, they were bound to take the same upon themselves.

"Henry Garway."

Pembrook.

Guil. Meneven.

Ro. Bristoll.

Ed. Sheffeild.

Edw. Mountague.

Sir John Wolstenholme's Examination read.

The Examination of Sir John Wolstenholm, Knight, to the same Effect.

And the Examination of Abraham Jacob, taken ex parte Domini Regis, 17th of April 1624, "That the Lord Treasurer's Demand of the Four Two and Thirtieth Parts, was after the Farmers had divided the Profits thereof amongst themselves for One Year by Indentures, and after the Lord Treasurer had waved the same; and that he then told the Lord Treasurer so, etc." ut antea in the (fn. 14) Second Leaf before.

And as touching the Lord Treasurer's Exception to the Testimonies of Abraham Jacobe, for that it varied in Time from Bernard Hyde; Mr. Attorney shewed, that Abraham Jacobe deposeth, that he paid the Money to the Lord Treasurer, on the Seven and Twentieth of June, 1623, by Direction from the Farmers; and Bernard Hide swears, that the Money was delivered to Jacob the One and Thirtieth of July 1623, which was by Way of Allowance back again; so no Contradiction betwixt them.

Lord Treasurer's Answer.

Then the Lord Treasurer protested, "That, as he shall answer it at the fearful Day, he (fn. 15) received that Thousand Pounds for no other Consideration than for his Share in the said Four Two and Thirtieth Parts."

And as touching the Third Corruption, by Way of a New Year's Gift, he said, "That nothing belongs to the Lord Treasurer's Place but Twenty Shillings per diem, and the Sale of the Places when they fall, and the New Year's Gifts; and denied that he urged them to any certain Sum.

"All which (he said) he would humbly leave to their Lordships Honourable Consideration; and withall requested their Lordships to forbear his further Attendance here till Monday next, because he had spent his Spirits so far, that his Cause might otherwise suffer through his Weakness."

And so he withdrew himself.

To attend again next Monday.

The Lords granted his Request; and commanded the Gentleman Usher to signify so much unto his Lordship; and further Ordered, That he should attend their Lordships here again on Monday next, at Eight in the Morning, at the Bar.

An Order signed by the Clerk accordingly, and sent to the Lord Treasurer.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, diem Sabbati, 8^m diem Maii, hora nona, Dominis sic decernentibus.