5. To the fifth article of the charge, videlicet, In Sir Thomas Monk's cause, he received from Sir Thomas Monk, by the hands of Sir Henry Helmes, an hundred and ten pounds; but this was three-quarters of a year after the suit was ended :1 I confess it to be true, that I received an hundred pieces; but it was long after the suit ended, as is contained in the charge. 6. To the sixth article of the charge, videlicet, In the cause between Sir John Treavor and Ascue, he received on the part of Sir John Treavor an hundred pounds: I confess and declare, that I received at new year's tide an hundred pounds from Sir John Treavor; and, because it came as a new year's gift, I neglected to inquire whether the cause was ended or depending; but since I find, that though the cause was then dismissed to a trial at law, yet the equity is reserved, so as it was in that kind pendente lite. 7. To the seventh article of the charge, videlicet, In the cause between Holman and Yong, he received of Yong an hundred pounds after the decree made for him :3 I confess and declare, That, as I remember, a good while after the cause ended, I received an hundred pounds either by Mr. Tobye Matthew, or from Yong himself: but whereas I understood that there was some money given by Holman to my servant Hatcher, with that certainly I was never made privy.* 8. To the eighth article of the charge, videlicet, In the cause between Fisher and Wrenham, the Lord Chancellor, after the decree passed, received from Fisher a suit of hangings worth an hundred and sixty pounds and better, which Fisher gave by advice of Mr. Shute :5 I confess and declare, That some time after the decree passed, I being at that time upon remove to York-house, I did receive a suit of hangings of the value (I think) mentioned in the charge, by Mr. Shute, as from Sir Edward Fisher, towards the furnish 1 Proved by, etc. Sir Henry Helmes. 3 Proved by, etc. Richard Keeling. a Proved by, etc. Richard Keeling. This was claimed by Holman from Bacon's executors as a debt due from the estate. See note 2, p. 264. Proved by, etc. Sir Edward Fisher. 1621.] CONFESSION AND SUBMISSION. 255 ing of my house; as some others, that were no way suitors, did present me the like about that time. 9. To the ninth article of the charge, videlicet, In the cause between Kenneday and Vanlore, he received a rich cabinet from Kenneday, prized at eight hundred pounds :1 I confess and declare, That such a cabinet was brought to my house, though nothing near half the value; and that I said to him that brought it, that I came to view it, and not to receive it; and gave commandment that it should be carried back, and was offended when I heard it was not and some year and an half after, as I remember, Sir John Kenneday having all that time refused to take it away, as I am told by my servants, I was petitioned by one Pinckney that it might be delivered to him, for that he stood engaged for the money that Sir John Kenneday paid for it. And thereupon Sir John Kenneday wrote a letter to my servant Shereborne, with his own hand, desiring I would not do him that disgrace as to return that gift back, much less to put it into a wrong hand: and so it remains yet ready to be returned to whom your Lordships shall appoint. 10. To the tenth article of the charge, videlicet, He borrowed of Vanlore a thousand pounds upon his own bond at one time, and the like sum at another time, upon his Lordship's own bill, subscribed by Mr. Hunt, his man :2 I confess and declare, that I borrowed the money in the article set down; and that this is a true debt. And I remember well that I wrote a letter from Kew, above a twelvemonth since, to a friend about the King; wherein I desired, that whereas I owed Peter Vanlore two thousand pounds, his Majesty would be pleased to grant me so much out of his fine set upon him in the Star Chamber.3 11. To the eleventh article of the charge, videlicet, He received of Richard Scott two hundred pounds after his cause was 1 Proved by, etc. James Kenneday. 2 Proved by, etc. Peter Vanlore. 3 See letter to Buckingham dated "Kew, December 12, 1619," (p. 69 of this Volume) where he advises the King not to dispose of any of the fines of the Dutch merchants in gifts "Except the King should give me the 20001. I owe Peter Vanlore out of his fine, which is the chief debt I owe. But this I speak but merrily." The sum was claimed afterwards from the executors as a debt on the estate. See note 2, p. 264. decreed (but upon a precedent promise), all which was transacted by Mr. Shute :1 I confess and declare, That some fortnight after, as I remember, that the decree passed, I received two hundred pounds, as from Mr. Scott by Mr. Shute: but for any precedent promise or transaction by Mr. Shute, certain I am, I knew of none. 12. To the twelfth article of the charge, videlicet, He received in the same cause, on the part of Sir John Lentall, an hundred pounds :2 I confess and declare, That some months after, as I remember, that the decree passed, I received an hundred pounds by my servant Shereburne, as from Sir John Lentall, who was not the adverse party to Scott, but a third person, relieved by the same decree, in the suit of one Powre. 13. To the thirteenth article of the charge, videlicet, He received of Mr. Wroth an hundred pounds in respect of the cause between him and Sir Arthur Mainwaring: I confess and declare, That this cause being a cause for inheritance of good value, was ended by my arbitrament, and consent of parties; and so a decree passed of course. And some month after the cause thus ended, the hundred pounds mentioned in the said article was delivered to me by my servant Hunt. * 14. To the fourteenth article of the charge, videlicet, He received of Sir Ralph Hansby, having a cause depending before him, five hundred pounds.* I confess and declare, that there were two decrees, one as I remember, for the inheritance, and the other for the goods and chattels, but all upon one bill; and some good time after the first decree, and before the second, the said five hundred pounds was delivered me by Mr. Tobye Mathew; so as I cannot deny but it was, upon the matter, pendente lite. 15. To the fifteenth article of the charge, videlicet, William 1 Proved by, etc. Richard Scott. 2 Proved by, etc. Edward Shereborne. • Proved by, etc. John Churchill. John Hunt. Proved by, etc. Sir Ralph Hansbye. 1621.1 CONFESSION AND SUBMISSION. 257 Compton being to have an extent for a debt of one thousand and two hundred pounds, the Lord Chancellor stayed it, and wrote his letter, upon which part of the debt was paid presently, and part at a future day. The Lord Chancellor hereupon sends to borrow five hundred pounds; and because Compton was to pay four hundred pounds to one Huxley, his Lordship requires Huxley to forbear it six months, and thereupon obtains the money from Compton. The money being unpaid, suit grows between Huxley and Compton in Chancery, where his Lordship decrees Compton to pay Huxley the debt, with damages and costs, when it was in his own hands: 1 I declare, That, in my conscience, the stay of the extent was just, being an extremity against a nobleman, by whom Compton could be no loser. The money was plainly borrowed of Compton upon bond with interest; and the message to Huxley was only to entreat him to give Compton a longer day, and in no sort to make me debtor or responsible to Huxley; and therefore, though I were not ready to pay Compton his money, as I would have been glad to have done, save only one hundred pounds, which is paid; I could not deny justice to Huxley, in as ample manner as if nothing had been between Compton and me. But if Compton hath been damnified in my respect, I am to consider it to Compton. 16. To the sixteenth article of the charge, videlicet, In the cause between Sir William Bruncker and Awbrey, the Lord Chancellor received from Awbrey an hundred pounds: 2 I do confess and declare, that the money was given and received; but the manner of it I leave to the witnesses. 17. To the seventeenth article of the charge, videlicet, In the Lord Mountague's cause, he received from the Lord Mountague six or seven hundred pounds; and more was to be paid at the ending of the cause: 3 I confess and declare, There was money given, and (as I remember) by Mr. Bevis Thelwall, to the sum mentioned in the article, after the cause was decreed; but I cannot say it was 'Proved by, etc. William Compton. 2 Proved by, etc. Christopher Awbrey. Sir George Hastings. And the letters to the Lord Chancellor from Awbrey. 3 Proved by, etc. Bevis Thelwall. VOL. VII. S : ended for there have been many orders since, caused by Sir Francis Englefeild's contempts; and I do remember that when Thelwall brought the money, he said that my Lord would be further thankful if he could once get his quiet; to which speech I gave little regard. 18. To the eighteenth article of the charge, videlicet, In the cause of Mr. Dunch, he received from Mr. Dunch, two hundred pounds: 1 I confess and declare, That it was delivered by Mr. Thelwall to Hatcher, my servant, for me, as I think, some time after the decree; but I cannot precisely inform myself of the time. 19. To the nineteenth article of the charge, videlicet, In the cause between Reynell and Peacock, he received from Reynell two hundred pounds, and a diamond ring worth five or six hundred pounds : 2 I confess and declare, That at my first coming to the Seal, when I was at Whitehall, my servant Hunt delivered me two hundred pounds from Sir George Reynell, my near ally, to be bestowed upon furniture of my house; adding further, that he received divers former favours from me; and this was, as I verily think, before any suit begun. The ring was received certainly pendente lite; and though it were at new year's tide, yet it was too great a value for a new year's gift; though as I take it, nothing near the value mentioned in the article. 20. To the twentieth article of the charge, videlicet, He took of Peacock an hundred pounds, and borrowed a thousand pounds, without interest, security, or time of payment:3 I confess and declare, That I received of Mr. Peacock an hundred pounds at Dorset-house, at my first coming to the Seal, as a present; at which time no suit was begun; and that the summer after, I sent my then servant Lister to Mr. Rolf, my good friend and neighbour at St. Albans, to use his means with Mr. Peacock (who was accounted a monied man) for the borrowing of five hundred pounds; and after, by my servant Hatcher, for borrowing of five hundred pounds more; which Mr. Rolf pro 1 Proved by, etc. Bevis Thelwall. 2 Proved by, etc. John Hunt. Sir George Reynell. |