ment in the Common Pleas, and this was re- | vilege shall the king my master have? For if versed in the King's-Bench; yet he discharged his conscience and although it was afterwards reversed, yet it was no injustice. The like instance might be made of sir Christ. Wray, and others. Now, in this case, my Lord-Chaucellor that is living, differs from the Lord Chancellor that is dead. This is not strange, it hath ever been, and ever will be; but if a judge's conscience be oiled and moistened with corruption, then all is naught. this humour should take a little head, will it not carry both him and justice into the field? And therefore I conclude, that this is severely to be punished; and is not a petition, but a presumptuous challenge, and of so far a worse nature beyond duels, as honour and universal justice is beyond particular right and therefore I agree with him that went before me, leaving his good parts to mercy, and his ill parts to the censure of Foorth's Case. : Lord Chief Baron, Sir Laurence Tanfield. This cause is a cause of a high nature, being a scandal of a great and principal officer of the kingdom, and of one that is an high and eminent person: which scandal is set forth in this Book, which certainly I cannot call a petition: for the petitioner hath presumed too far, that it is a plain revise of a decree. Every man knoweth, that the Chancellor hath the keeping of the great-seal, whereby is managed mercy and justice: and if this great person so trusted shall be thus traduced by every offender, how insufferable will this mischief be? The king hath the Pleas of the Crown, and upon every Judgment one of the parties is angry and displeased: but this must not presently produce a new hearing, for that will hinder all other businesses. For I will put you a great case between a nobleman here, and divers other noblemen that were trusted by the countess of Southampton, who were all Plaintiffs, and sir Moyle Finch Defendant: and this was Mich. 42 and 43 Eliz. The main point that was controverted in the cause, was upon an exception of a manor (as I remember) in the habondum of the deed, which my lordchancellor then thought void. And therefore decreed, 'That my lady of Southampton should I doubt not but that by a right way, you 'have all.' Whereupon sir Moyle Finch peti- may, by a petition in an humble course, and tioned queen Elizabeth, that she should refer submissive manner, desire his majesty that he the examination of the decree to some of the would be pleased to review a Sentence in judges; but the queen would never refer any Chancery, or else grant a commission to others thing to those that were named unto her, but to review the same. But doth this man obshe referred it to two other judges not named serve this course? No, but he will be his own in the petition, who attended my lord-chan-judge, sentencing his own cause. cellor; and they then resolved it against the decrce, and my lord reversed his own decree. I know I have held your lordships long; yet I cannot tell, in these critical days, whether men will be satisfied, which hath made me longer than I would have been. Therefore, to conclude, I agree, in all things, with the sentence given in Foorth's Case of 2 Jac. . I can call this Book no better, than a scandalous and malicious invective against the Lord Chancellor; and that not without great bitterness, as I have heard. First, he taxeth him with injustice; then mark the circumstances; he saith, My Lord Chancellor hath reversed the Decree, without cause, without new matter, without legal proceeding, without precedent, and upon a bare suggestion.' Then he goeth further, saying, Injustice is worse than murder; for this Decree hath devoured him and his whole family.' And, not content with this, chargeth him with oppression, and palliating it with greatness, wit, and eloquence; than which, a greater and heavier scandal cannot be ! Sir Fulke Greville, Chancellor of the Exchequet. This Court hath no intent to discourage the meanest subject of his lawful appeal unto his prince; for that were to disinherit the people of law, and the king of the intelligence of the oppression that might fall upon his people. But this case I suppose not to be within the first. The matter in such cases, is but a re-jesty; but that by a petition you may desire view of an inferior sentence of a superior magistrate, my Lord Chancellor of England and that before he be heard, making the king his speedy executioner. But examine the nature of these accusations, and you shall find them mere scandals, and impossibilities; as breaking decrees, rewarding frauds and perjuries, palliating oppressions with greatness, wit, and eloquence. Why, my lords, if this liberty should spread, then I desire the indifferent hearers to see in what a mise rable case the subject stands, when the right of every good man shall stand in the malignity, and enquiet nature of every turbulent spirit? And, my lords the judges, in what a case stand tev, if by such clamours every delinquent mde judge over them? and what pri You shall not be barred of access to his ma to have a Decree reviewed, and that his ma jesty would grant a commission to review it. But these things must be done legally, and then the law protects us, though it be against a nobleman. Sir Richard Crofts did sue an action for forgery of false deeds against the lord Beauchamp; whereupon my lord Beauchamp sued an action upon the statute de Scand. Magnat. But that would bear no action, be cause it was done legally: for a man may suppose in his writ such a fact, by the use of the said writ; but he must beware that he prove it well, or else he shall be well fined in the same court. But much more shall he deserve a fine, if he shall do it without writ, or without ground or proof, as Wraynham hath done. And therefore, because I must be short, I think him fully worthy of the censure before given, in all points. Lord Hobart, Chief Justice of the Common Pleas. Mr. Attorney hath very worthily and like himself, according to his place, brought this man into this court, to give answer for the greatest and most outrageous offence that of this kind hath been committed; in which case, I will first tell you, what I do not question, and then what I do question. : For the first, Petitions may be exhibited to the king without controversy; nay, in some cases they must be exhibited; and God forbid, that any man's way should be locked up, or that any subject should be barred of access to his majesty; for when appeals fail, and when ordinary remedy is wanting, so that there is no judge above the highest judge; yet, you may still resort unto your sovereign for extreme remedy this is proper to a king, Cessas regrare, si cessas judicare;' for it is an inherent quality to his crown. So that without controversy a man may petition against a sentence; for God forbid, that we that are judges, should draw that privilege to ourselves, to give sentence, and not to hear it examined. But it is true, it must be presented as a supplication, and you must go formally to work: ordinarily you must go to the proper courts of justice; if that fails, the extraordinary course is open by the king and this is no more than to shew to his majesty, how you find yourself grieved, and then remit the cause and form to the king's wisdom. But now see what this man hath done, he hath made neither the matter nor form of a petition. First, for matter, he pretends, that is not saying that my lord-chancellor hath expressly infringed two decrees, when he hath done nothing, only crossed an order, than which, there is nothing more common, for they are but interlocutory, and not definitive.-And for form, this is no petition, no book, as he would call it, but an express, peremptory and audacious libel. Then the manner offends yet more for whereas a supplication imports, that a man should speak it upon his knees, for as it is in some realmes, men attempt nothing against law, but they must do it with a rope about their necks: so that he that goeth about to attempt any thing against a decree, he doth it with a rope of the king's censure about his neck: but mark the carriage of this man, how insolently he proceeds in this case! First, for the king, as hath been well obscrved, he saith, assurgat Rex; as if he should bid the king arise and take revenge. Therefore for the Decree, he saith, that the foundation of it came from hell: if that be so, then this sentence must needs be hellish, when he fails upon a poor man, the master of the rolls: I call him poor man, because he is not living to answer for himself, but yet he was a worthy minister of justice, (for I had much cause to know him) and he was of as much dexterity and integrity, as ever man that sat in his place, and I believe the chancery will find want of such a man. But not content with this, he scorns my lord-chancellor's courtesies, and carries himself, as if he would trample all under foot. So much for the manner: as for the matter, it is odious: the person with whom he bath to do, is the principal officer and magistrate of justice in the kingdom, one that hath the nomination of all the justices of peace, and the principal that names all the sheriffs: one that keeps and curries the seal, and sits chief judge in this court, and sole judge in the chancery.— And shall we think that this man is bought and sold to corruption, to injustice, to murder? What more tends to the king's dishonour, than that he should place in the judicature such an unworthy man? a man infinitely the more wronged, because he deserves his place, as well as any man that went before him: and yet his last predecessor was very excellent, and deserved But no small commendations. Wraynham I condemn, as a man barbarous both toward the living and the dead: wherefore, there is a justice and tribute due to the master of the rolls deceased. I would have mention made of it in the decree, and with that addition to the sentence, I concur in all things with the president of the court. Sir Edward Mountague, Lord Chief-Justice. My lords, it is a true saying, Judicium 'non 'redditur nisi in invitum.' For I yet never saw any man sit down satisfied with a sentence that went against him. I would not so far have blamed Wraynham as to have censured him for complaining to the king: yet this restraint I find in law, which any man may see in king Edgar's law. "Let no man complain to the king in matters of variance, except he connot have right at home, or that right be too heavy for him. Then let him complain to the king." Whereby it is meant, that if the laws be so strict, he shall complain in a court of equity to the king himself. Then, to complain is not denied to any man, for all justice comes from the king, and though he distribute his justice to be ministered in several courts, yet the primitive power resides still in his person. Therefore, to the justice of his majesty may any subject have resort: but this must be humbly as a petitioner, not as Mr. Wraynham hath done here, who is not a suitor, but a censurer : and doth not complain, but proudly rails upon a high judge. But Can you, Mr. Wraynham, charge your judge with corruption, through fear or affection? (for I make them both alike;) Spare not the chief judge nor highest counsellor: I say, spare us not, whenever you can take us. a judgment is pronounced from the sincerity of our consciences, and warranted by our judg ment and learning: shall we then undergo the censure of every suitor? No state, at no time, ever suffered this.-My lords, it lies upon us Judges as a duty, to restrain this boldness: our places as Judges, give us no privilege to do what we list, nor have suitors liberty to speak as they list of judges: God, and order, hath set bounds to both, be spoken of a Lord-Chancellor, to be offered to a king. And, my Lords, this man's fault goeth one step higher, touching the person of majesty itself. I am a judge of crown-matters; and in this libel, I think he hath scandalized the king in four things: First, he saith, The Forking is but a man, and so may err;' implying an error in the king. Secondly, That my 'Lord-Chancellor defends himself by secret means, and that you are not called to answer.' Than which, what greater tax unto so high a majesty, to condemn and not to hear! Thirdly, That my Lord-Chancellor doth cover his injustice with wit and eloquence.' When we all know, that we have a sovereign of those high and excellent gifts, that it is not rhetorick, or eloquence, that can cast dust in the king's eyes, or cause him any ways to turn aside from justice. Lastly, you say, That a man may distaste 'truth, and suspect judgment;' applying it unto his majesty. Which offences reaching so high, my censure shall be the heavier upon you. For the matter heretofore handled in the Chancery, it is not a work of this day to deal with that; we meddle not with your Decrees, we censure you only for your scandals. I saw in your Book a smooth pen, and from your tongue I have heard fair speeches; but in both I see a fiery spirit. you would raise up dissention between the two Lord-Keepers of the king's conscience, him that now is, and him that was, and now is, with God of these two worthies I shall not say much; I will neither wrong the dead, nor flatter the living. The matter of difference, for any thing I can see, or you can say, is but an order against an order, wherein judgment may be varied by occasions, and through circumstances: true attributes are no flatteries. This honour let me give to these two great men of greater parts, better fitted for that place, never sat in this place: nay, a man may truly say, that the world hath scarce yielded two such men of so excellent gifts, in this latter age of the world. Now it will rest, what shall be done with this man? As I give my sentence from his own mouth, so I will take advice from himself; he saith, State super viis antiquis,' Look what our ancestors have done of old, so let us do. In this then, you shall see what they did in like cases.-Mich. 13. of the queen, Rot. 39. Henry Blaunsford, a counsellor at law, was committed to the Fleet, and fined for false reporting the opinion of the lord Leicester, and secretary Cecil, with these words, Ilumanum est errare.' But you, Mr. Wraynham, wronged both the living and the dead. Of the Master of the Rolls, that is dead, you spake your pleasure: but all that hear you, and know him, will be ready to give you the lye. You say that he should omit some of the proofs, and wrest other some, and ground himself upon witnesses that swore impossibilities, and absurdities, &c. Whoever knew that man, knows him to be a true reporter, and a judicious collector upon proofs, as ever was. I will not dissemble what So likewise, 19 Hen. 8. my lord Stourton was others thought a fault in him, to be over-swift committed by the court, and fined, for saying in judging but this was the error of his greater these words, I am sorry to see rhetorick rule experience, and riper judgment, than others had. where law should.'-Sir Rowland Flaxing was Now, for my Lord-Chancellor, by the words committed, and fined, for reporting to the king, you use, you lay four of the greatest crimes That he could have no indifferency before the upon him, that can be laid upon a judge: Pre-lords of the council: For which he was deeply sumption, Oppression, Falsity, and Injustice: fined, 7 Feb. 18 H. 8.-So likewise, in the time all these you utter, with one breath, charging of Hlen. 7. sir R. Terres was committed, fined, him with all in one sentence: for you say, sent to the pillory, and adjudged to lose both "Height of authority makes great men presume:' his ears for his slanderous complaint exhibited there is presumption and oppression. And in to the king in a written Book; and that against these words, He that judges unjustly, must, to the chief-justice Fitz-James: the punishment maintain it, speak untruly:' there you accuse of him that depraved the good judge sir James him of falsity and injustice. Ex ore tuo te Dyer, is fresh in memory. So that party which 'judico, serve nequam.' For in your book you said judge Catlyne was an unjust judge. 8 Eliz say, 'Let me suffer as a traitor, if all that I say Rot. 10. whose name was Thomas Welch, of prove not an entire truth, if I should dare to London, who was indicted in the King's-Bench 'slander so great a judge to so wise a king.' for this as for an offence against the commonTherefore, out of your own mouth I pronounce law. His words that were delivered, were sentence against you, læsæ majestatis: and these: My Lord-Chief-Justice Catlyne is inthough not as a traitor, yet as a great scanda-censed against me, I cannot have justic, nor lizer. And if all were true that is said in your ' can be heard; for that court now is made a book, yet would I censu.e you for your quarrel 6 court of conscience.' This Indicument was with my Lord-Chancellor for form; and yet found, and the record was, that it was 10. Пі yourself use no form, no, not common civility. num contempt. Domine Reginæ ac cur' suæ, So that if it were against a common man, it ас in in gn' scandalum, ac ignom.non legis were punishable, to offer such words to the eye Angliæ, ac in scanda um cap talis just, ac 10 of a King, as here you give to my Lord- malum exemplum on n um subdit rum.' Chancellor, calling him a rewarder of frauds and perjuries, an afflicter of the afflicted, a racker of things out of joint, a confounder of your estate, and the like. These are not words fitting a Petitioner, to So it is that this oilcace of Wrayuham's is against the law, the commonwealth, and the justice of the kingdom; and therefore, according to the last judgment in law, and with the sentence that was pronounced against Foorth, I concur and pronounce the same against Wraynham in all things. And this right I would have done to the Lord-Chancellor living, the Lord-Chancellor and Master of the Rolls that are dead, that those things be fitly expressed to their honours, in the drawing up of the decree. Sir Thomas Lake, Principal Secretary. My Lords, If I had been the first that had spoken in this case, I should have thought it the greatest difficulty how to walk evenly between the not discouraging the king's subjects, and in judging the prisoner at the bar. But for that, my lords before me have so well spoken, that no man may be discouraged to come to his majesty in a discreet manner: And very good learning hath been delivered by all my lords the judges, such as may satisfy every man; yea, and not satisfy only, bat direct them what to do in such cases : therefore I may be the shorter.-I will not be long in speaking of the honour due unto magistrates; he that wades into that, shall have little of his own invention; nor of the offence that is now before us; for the king's counsel hath so fully and perfectly delivered it, that perhaps by this time, he knows his own error. And my lords the Judges have made it appear so, whereby i think it as great an offence, as ever was in this nature; and much more deserveth punishment, because it is against a man no less, eminent in virtue, than in place. Three things the prisoner urgeth for himself. First, for the word Injustice, he saith, ‘That admitting the thing were unjust, then he might call it unjust.' But I answer, for a private man to call a public sentence, Injustice, herein he sheweth his error. Secondly, He urgeth, that it causeth a great loss unto him, and therefore he would be the rather excused.—It is true, I think, that men, by sentence, have lost, for Judicium redditur invitum:' but though it be a loss, it is Damnum absque injuria.' Thirdly, He went the wiser way, when he urgeth commiseration unto us. For my own part, I could commiserate the man, but I commiserate the Commonwealth much more; for if this should be suffered, tumults, and a multitude of other inconveniencies, would arise. And therefore I judge him as the rest have done before me. 6 Sir Henry Cary, Comptroller. My lords before me have spoken so much, that I shall not need to speak, neither do I make any scruple of the said sentence. When I consider how foully this man hath behaved himself, in scandal and invectives against so high a magistrate, I must concur with the rest of the lords that have gone before me. Bishop of Ely, (Dr. Launcelot Andrews.) Though the ground of the complaint had been just, yet I believe iny lords the judges, that the complaint being in so foul a manner, against so great a person, in so high a place, deserves sharp punishment: and therefore I agree with the former sentence. Bishop of London, (Dr. John King) I shall borrow a prase of him, though spoke to another purpose: That in a senate, where many assistants were, after two or three have well spoken, and well agitated a cause, there is required nothing of the rest, but their assent.' It is a worthy saying, but when I find here before me an honourable person foully and despightfully spoke against, being one of the three vital parts of this court, and without which it cannot have its subsistence; and of the three vital parts, the principal, and also a judge of another court; and (as I learned of my lords the Judges) of such a temporal court, where if the edge of the law be too keen, the equity of the Chancery doth abate it :-In regard of this duty, it becometh me to speak, and because the party wronged is a great counsellor and officer of the state: The first thing I say and lay hold of, is this, interest reipublice, it stands not with the honour of the king, with the safety and peace of the kingdom, nor with the quiet of his majesty, that counsellors of state, and judges in the seat of justice and conscience, should be depraved, 'anima et vita regnorum authoritas,' take it away from the magistrate of state, take it away from the king himself, et subversa jacet pristina sedes soliorum.' For the place wherein this honourable person sits, is great between blood and blood, plea and plea, plague and plague, for the Judge shall end the controversy. -So that the first lesson which I shall make, is that which Cambyses made to another, 'me'mento ex quo loco,' they sit in God's seat, and execute bis, and not their own judgments : it is their art, their faculty, their profession, their learning to judge, and it is not open to every man, but it is peregrina et unusquisque in arte sua artifex ;' and therefore, for mine own part, I shall ever bend the best of my thoughts, the favourablest of my wishes, and the most of my prayers, that sitting in seats as they do, they may judge as they ought. I know, that while they carry flesh about them, their faculties and judgments will be unperfect; they are but men, et scientia juris infinita:' so that I know not (amongst the number of nortal wights) that man that can conceive every particularity of the law. No marvel then, if one Judge differ from another, when the same man differs from himself; Socrates puer differt a Socrate sene.' And though the Judges walk not in the same way, they tend to the same end; and though there be not idem cursus, yet there is the same, ' idem portus, et non mutant, sed aptant legem,' according as the matter comes before them is varied, shaped, and fashioned. It is unreasonable then to complain of a Judge, or unusual to go to the king with complaints; nay, it must be done with calamo et atramento temperato;' and it must be done, libello supplici, non famoso,' not as a sycophant and slanderer, but as a supplicant with a petition; not with a petulant invective declaration against a person of so great and bonourable a place. This is a fact so unnatural, and unlawful, that all laws are broke both of God and nations, and civility, and good manners, and all: nay, I know not how the laws of speech yet I have lived a long age; and God forbid their consciences should be led by private men's humours.-1 say no more, but let every man that bears us this day, take heed, that their humours lead them not into these outrageous courses, but carry themselves with modesty. I shall not need to enlarge, but consent with my Earl of Arundel. I shall not need to use many words for the matter; in brief, Wraynham hath forgot himself fully against a great and high instrument of justice, renewing complaints upon complaints; after the king had told him in my hearing, that the Lord Chancellor had done justly, as he himself would have done; and therefore I think him very much to | blame, and well deserving the censure given. And the use is, as you see by bim, for malicious men not to suck honey, but venom and poison out of the wholesome flowers; as his presumption is to be trated, so his humiliation and submission is to be pitied; yet I agree with my lords in all things. are kept, they are but three, quid, de quo, cui- | I do clear my Lord Chancellor dead, and alive, que, the matter foul, spoken of so honourable to be as worthy men as any in my time, and a person, and to so transcendant a magistrate. Wraynham is a man, that did not only curse in the bitterness of his soul, but he comes in ' amaritudine linguæ et chartæ.' It is not fit, God gives not blessing to these histrices and porcupine quills: it shoots far, it enters deep, it wounds sore, it is not to be tolerated! Let him keep his poison in his surmatico and in-lords before me. vective Book. Wherein, let me add for my last, the manner of presenting it, the writing itself; and then withal the defence now made, which, when I heard it, I was more offended than with the Book itself; and I may justly make a question, whether he were more foolish in writing it, or more vain in defending it? His defence is a two-fold necessity: first, a necessity to induce the king to hear him; like Absalom, that would needs set Tobias's fields on fire, to get his ear. The other, a necessity of estate, proceeding out of the laws of necessity; Gravissimi sunt morsus irritate necessitatis. One part of speech was general; in that he ineant not my Lord Chancellor: but in the general there is a major, and in the particular Pembroke, Lord Chamberlain. No man's there is the application; and then every man mouth is so stopped, but in case of gricf he can make the conclusion, as hath been well ob- may seek redress. I think there is little scruple, served by sir Edward Coke.-You are a man that either the Master of the Rolls that is dead, of a private and profane spirit, and if you know or this Lord Chancellor that is living, did pronot of what spirit you are, I can teach you; I eced without justice; because it is but an say, of that spirit, that you compare yourself order against an order, a thing very frequent with apostles and prophets, and you misapply and usual in this, and in all other arbitrary scripture; your dixi in excessu et trepidatione,' | courts. For the sentence, I agree with the sheweth a difference between sinning upon pas-court, being sorry, since his last submission sion, and deliberation. It comes fully home was humble, that before he hath abused this into your own bosom, et pulchrum patet gut-good part, and used his wit to his own confutur in ore.' The best part of this answer, was the last, and I would it had been all in all; and so I agree with the Sentence given before me. Viscount Wallingford. I am sorry a man should deserve so great a censure as this man's foul fault will make; yet I am very glad in this bold and quick-sighted age, that other men, by his example, may take heed not to exceed the bounds of modesty. This humour, it seemeth self-love (which believes nothing but itself) bath begot that, that hath bred this gentleman up so unmannerly, that he spares not to accuse the highest and greatest judge of the kingdom, of oppression, injustice, inurder, nay, of any thing; which is not only spoken by so ill a tongue, but aggravated by his answer. For it seems, he would encourage other men by the king's Book to do the like, wherein we may see the malice of this man, that will get poison from the fairest | flower; yet every subject may take comfort in his majesty's Book, and God forbid, that he which is wronged, should be restrained to complain to his sovereign; yet, this complaint is no petition, but a very libel, and deserves no better name.-The king's will is, that you should be bold, and that you should come to him; but yet you must be sure that your cause must be just and right. This is a good and gracious speech of a king; but it is pity Mr. Wraynham alledges scripture to maintain an ill-cause: and sion. Duke of Lenor. I am sorry that Wraynham hath not the grace of God to make use of his majesty's Book, which is not to complain without just cause; and without he could make proof of his complaint. I will not repeat the worth of my Lord Chancellor living, or dead: but I am sorry that a man of so great parts should deserve so heavy a sentence; whereunto in all things I agree. Worcester, Lord Privy-Seal. My lords, I am of opinion, as formerly my lords have been; I do hold this a very scandalous libel, being against a person of such worth; the greater the person is, the more severe should the panishinent be for the offender: and so I concur in opinion with my lords before me, and do think this offence to have exceeded his punishment; and therefore if a great tine had been laid upon him, I should have agreed unto it. Abbot, Lord Archbishop of Canterbury. The Lord, the Fountain of Wisdom, hath set this glorious work of the world in the order and beauty wherein it stands, and hath appointed princes, magistrates, and judges to hear the causes of the people, not so much out of anthority, as out of justice and reason: for if no such persons were to bear and determine other men's causes, every man must be his own judge, which would tend to nothing but ruin |