A.D. 1725. HIS TRIAL. 35 should be given to a proceeding of such national importance. Those who wished to render the prosecution effectual, wisely contrived to make it appear as much as possible a judicial inquiry instead of a theatre for rhetorical display. The trial excited intense interest, and, although very few could be within hearing, great crowds assembled in Palace Yard daily while it lasted. The charge not being capital, there was no Lord High Steward appointed. Sir Peter King, Lord Chief Justice of the Common Pleas, acted as Speaker of the House of Lords, giving directions to the managers for the Commons and the counsel for the defendant, and he afterwards pronounced sentence. The Peers wore their robes. The defendant was every morning called upon to appear, and had a stool placed for him within the bar." The trial began on the 6th of May, and lasted thirteen days, the House generally sitting from ten in the morning till nine in the evening, with adjournments, during pleasure, for refreshment. The principal managers for the Commons were Sir Clement Wearg, Solicitor-General, Mr. Doddington, Mr. Onslow, and Lord Morpeth. Lord Macclesfield was defended by Serjeant Probyn, Dr. Sayer, and Mr. Strange. He himself took an active part in cross-examining the witnesses, and arguing points of law, and, after his counsel had been fully heard, he addressed the House on the whole of the case. The twenty-one articles of impeachment, in substance, charged him with selling masterships in Chancery when the office, being vacant, was in his own gift; with receiving large sums of money for agreeing to the sale and transfer of masterships from one Master to another; with receiving a large sum of money for agreeing to a sale and transfer of the office of clerk of the custodies; with conniving at the fraudulent practice of Masters paying for their places out of the suitors' money in their hands; with trying to conceal the delinquencies of an insolvent Master who had absconded; with encouraging the Masters to traffic with trust-money, and with advising them to conceal the frauds they had committed. The formal" Answer" put in by the defendant disclaimed all corruption, and relied on law and usage. I present to the reader a little specimen of the opening of the managers:"Will example plead for him? n When referred to during the trial, he was designated "The noble Earl within the Surely, my Lords, there are none bar." Peers on trial for treason or felony are placed outside the bar. such or if there were, what would that be but to defend crimes by their own blackness and malignity? as if a distemper were not to admit of any remedy because it is general and contagious. But supposing, for argument's sake, there have been great persons, his predecessors, who have ventured upon small presents and gifts on such occasions, does it follow, with any colour or pretence of reasoning, those having been confined within the bounds of moderation, that the extortion of exorbitant sums to connive at outrageous oppressions, exceeding almost the fears of the oppressed themselves, should take shelter under the poor plea of precedent? Whence comes it, that example should have all the beauty of an angel where it should be shunned, and all the deformity of a fiend where it should be followed? Happy had it been for him who now excites our pity as well as our indignation, happy for the widows and fatherless whom his misconduct has reduced to want, had he copied his renowned predecessors in their wise and upright administration of justice. To what a low ebb would the virtue and reputation of this nation be reduced, if impunity could justify offences, and bribery should be called the fashion of the age! His Lordship, in his answer to the articles of impeachment, says, 'he did not sell offices; and that he only received presents from the persons on whom the offices were conferred.' There probably may be a difference between a present and a price; if there is, it is the latter his Lordship is charged with taking; a price fixed by his Lordship, insisted upon, haggled for, and unwillingly paid by the purchaser. Unfortunately, the price was greater than could possibly be given by one who was to be contented with the fair profits of the office, as was well known by the recipient, who, to make amends to the purchasers, connived at their paying that extravagant price from the money of the suitors with which they were intrusted; and indulged them, and encouraged them, and compelled them, to hazard the rest of that money in speculations which turned out to be disastrous. Against apparent extortioners and robbers we guard ourselves with a caution proportionable to the infamy of their characters; but when the sanctity of the laws and the ensigns of authority, designed to defend and protect us, are made use of to invite us into ruin, how sure and extensive must that ruin be! My Lords, the Commons have beheld with the deepest concern such corrupt practices in this high Court-such as have deformed the beauty of justice. The first magistrate in the state, who is invested with an extraordinary power to detect and punish fraud, becomes himself its fabricator and its patron. The guardian of orphans has proved their oppressor. The Keeper of the King's conscience prostitutes his own. He who ought to reform abuses and amend the laws spends his days and nights in an ignominious traffic with the best bidder. He who ought almost to be revered as a superior being above human frailty, and only presented to the imagination as dealing out blessings, is actually beheld employing the scales of justice in the business of a usurer." The evidence was very long, and clearly established that A.D. 1725. SALE OF A MASTERSHIP. 37 Lord Macclesfield had sold masterships through his agent, Peter Cottingham; that he had received sums for consenting to the transfer of others; that this mode of disposing of the office of Master led to great abuse; that in several instances the suitors had suffered from the Master becoming insolvent, and that Lord Macclesfield had taken great pains to conceal these abuses and losses from the public. From the examination of one or two of the principal witnesses I will give a specimen of the manner in which, in days of yore, such negotiations were conducted: Master Bennet had agreed with Master Hiccocks to buy his office from him on obtaining the necessary consent of the Lord Chancellor to the transfer. Being now compelled under the Indemnity Act to disclose all that passed, he said, I applied to Mr. Cottingham and desired him to let me know my Lord Chancellor's thoughts, whether he approved of me to succeed Mr. Hiccocks? Soon after that he told me he had acquainted my Lord with the message, and my Lord expressed himself with a great deal of respect for my father, and was glad of an opportunity to do me a favour and kindness, and that he had no objection in the world to me—but that there was a present expected, and that he did not doubt but I knew that;' I answered, 'I had heard there was, and I was willing to do what was usual;' I desired to know what would be expected; he said he could name no sum, and I might apply to my brother, a Master, and Master Godfrey who had recommended me, and they would tell me what was proper to offer.' I returned to Mr. Cottingham and told him 'I had talked with them about it, and their opinion was 1000l. was sufficient for me to offer, but I would not stand for guineas.' Upon this Mr. Cottingham shook his head, and said, 'That won't do, Mr. Bennet, you must be better advised.' 'Why,' said I, 'won't that do? I think it is a noble present.' Says he, 'a great deal more has been given.' Says I, "I am sure my brother did not give so much, and I desire you to acquaint my Lord with the proposal.' Says he, 'I don't care to go with that proposal; you may find somebody else to go.' Says I, I don't know whom to apply to.' Says he, 'Mr. Bennet, sure you won't go to lower the price; I can assure you Mr. Kynaston gave 1500 guineas.' Says I, 'only acquaint my Lord with it, and if he insists on more I will consider of it.' Says he, there is no haggling with my Lord; if you refuse it, I don't know the consequence; he may resent it so as not to admit you at all.' Then I began to consider, and was loth to lose the office, and told him 'I would give 15007.' He said 'Mr. Kynaston had given guineas.' Then I asked whether it must be in gold?' He said, 'in what way you will, so it be guineas.' On the 1st of June he desired me to come immediately, and to come alone and bring nobody with me, for my Lord would swear me in that morning. Accordingly I went, and the first question Mr. Cottingham asked me was, ' if I had brought the money?' I told him, 'to be sure, I should not come without it.' He asked me what it was in ?' I told him in bank bills, one of 10007. and the other 575l.' He took them up and carried them to my Lord: he returned and told me my Lord was ready to admit me.' I was carried up stairs, and in his bedchamber was I sworn as Master." The witness admitted that he neither should nor could have bought the place if he had not been to pay for it with the money of the suitors as he did. A still more amusing scene is presented to us by the evidence of Master Elde, who was to pay the Lord Chancellor a much larger sum, as the office was vacant by death, and who was imprudent enough to carry a considerable portion of it in specie. In this instance the brokership of Cottingham was at first dispensed with, and the Chancellor in person saw and dealt with the purchaser, who swore as follows: "His Lordship said he had no manner of objection to me; he had known me a considerable time, and he believed I should make a good officer.' He desired me to consider of it, and to come to him again.' I came again in a day or two, and told him I had considered of it, and if his Lordship would admit me I would make him a present of 4000l. or 50007.;' I cannot say which of the two, but I believe it was 50007. My Lord said, "Thee and I,' or 'you and I (my Lord was pleased to treat me as a friend), must not make bargains.' He said if I was desirous to have the office he would treat with me in a different manner than he would with any man living.' I spoke to Mr. Cottingham, meeting him in Westminster Hall, and told him I had been at my Lord's, and my Lord was pleased to speak very kindly to me, and I had proposed to give him 50007.' Mr. Cottingham answered, 'GUINEAS ARE HANDSOMER!!!' I immediately went to my Lord's, being willing to get into the office as soon as I could. I did carry with me 5000 guineas in gold and bank notes. I had the money in my chambers, but did not know how to convey it ;-it was a great burthen and weight, but recollecting I had a basket in my chambers, I put the guineas into the basket, and the notes with them. I went in a chair, and took the basket with me in my chair. When I came to my Lord's house I saw Mr. Cottingham there, and gave him the basket, and desired him to carry it up to my Lord. I saw him go up stairs with the basket, and when he came down he intimated to me that he had delivered it. When I was admitted, my Lord invited me to dinner and some of my friends with me, and he was pleased to treat me and some Members of the House of Commons in a very handsome manner. was after dinner sworn in before them. Some months after I spoke to my Lord's gentleman, and desired him, if he saw such a basket, that he would give it me back. He did so, but no money was returned in it." I A.D. 1725. BRIBE TO LADY MACCLESFIELD. 39 Next, I will give an extract from the evidence of Master Thurston. He had agreed with Cottingham to buy a mastership for 5000 guineas, and, being introduced to the Lord Chancellor, had a promise that he should be admitted in a few days, but a difficulty arose from an inquiry into his character and sufficiency for the office, insomuch that his admission was postponed, and the Lord Chancellor entered into a treaty for disposing of the office to another purchaser,— "Which," said he, "gave me an uneasiness and put me upon an expedient that, since I could not have ready access to so great a person as his Lordship, I went to Kensington one morning to wait upon the Countess of Macclesfield, and upon sending up my name and that I desired to speak with her, in a short time I had the honour of seeing her, and acquainted her that I was the person that my Lord had promised the office to, and I desired her to intercede with my Lord that I might be speedily sworn in. Her Ladyship said, 'She never did meddle in any affairs of a public nature.' I used several arguments with her, as that 'the thing was now public and in print, and it would be a great disappointment to me and might affect my character if my Lord did not think fit to admit me,' and I acquainted her Ladyship that I did not expect or desire to come in without the due present that is always esteemed the perquisite of the Great Seal.' Her Ladyship was prevailed upon to promise she would write a letter and acquaint my Lord Chancellor with it.' Before I went away from the room where I had the honour to be with the lady, I did leave upon the table bank notes to the value of 52507."-Q. "How were they directed?"-A. "I directed them to the COUNTESS OF MACCLESFIELD."-Q. "How soon after were you admitted?"-A. "Within two or three days at farthest I was admitted and sworn in." The witness then goes on to state that, from the misconduct of his predecessor, Master Borret, which could not have been unknown to the Lord Chancellor, he found the office in a state of the most dreadful confusion, the money of the suitors for which he became responsible having been abstracted, and he says, that if he had been fully aware of the whole truth, "instead of giving 5000 guineas for the appointment, he would have given 5000 guineas to avoid it." He added, however, "that some months after, and shortly before the complaints against the Lord Chancellor broke out, Lady Macclesfield sent for him, and returned him 32507., saying 'she did not know he had left so large a present,—that it was too large a present, that she was afraid my Lord Chancellor would come to the knowledge of it,that the largest part must be taken back, and that she would appropriate the rest to her own use.' Godfrey, another witness, gives a most lamentable account of the state in which he found the office of Master Borret, who seems to have died suddenly :-"We found his papers in great |